Copyright (C) 2004 by ExecSoft Limited.
All Rights Reserved.
BEFORE PROCEEDING WITH THE INSTALLATION AND USE OF THIS SOFTWARE,
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT AND LIMITED WARRANTY (The "Agreement").
All rights, title, and copyrights in and to the Software Product
(including, but not limited to, any images, photographs, animations,
video, audio and text incorporated into the Software Product)
and any copies of the Software Product are owned by ExecSoft
Limited ("ExecSoft") or its suppliers. You may not copy the
printed materials, if any, accompanying the Software Product.
END-USER LICENSE AGREEMENT
This End-User License Agreement (“EULA”) is a legal agreement
between you (either an individual or a single entity) and ExecSoft
for the ExecSoft software that accompanies this EULA, which
includes computer software and may include associated media,
printed materials, “online” or electronic documentation and
Internet-based services (“Software”). An amendment or addendum
to this EULA may accompany the Software. YOU AGREE TO BE BOUND
BY THE TERMS OF THIS EULA BY INSTALLING, COPYING OR OTHERWISE
USING THE SOFTWARE. IF YOU DO NOT AGREE WITH THESE TERMS, DO
NOT INSTALL, COPY OR USE THE SOFTWARE; YOU MAY RETURN IT TO
YOUR PLACE OF PURCHASE (IF APPLICABLE) FOR A FULL REFUND.
SOFTWARE PRODUCT LICENSE
This software, including documentation ("Software") is owned
by ExecSoft and is protected by copyright law and international
copyright treaties, as well as other intellectual property laws
and treaties. The Software Product is licensed, not sold. This
Agreement does not provide you with title or ownership of the
Software, but only a right of limited use as outlined in this
license agreement. ExecSoft hereby grant you a non-exclusive,
royalty free license to use the Software.You may not alter the
Software Product in any way, including its help and text files.
SOFTWARE EVALUATION LICENSE
ExecSoft Software is not freeware. You may install the evaluation
version of the Software Product to test and evaluate it for
30 days; after this time you must either buy the license to
use the Software Product permanently or delete the evaluation
version of the Software Product from your hard drive.
You are hereby allowed to make any number of backup copies of
the evaluation version of the Software Product and its documentation.
You can give a copy of the evaluation version of the Software
Product to anyone, providing that no additional fee is charged
and the package files are not modified in any way.
Do not use this Software to send SPAM E-Mail
This clause is always active and valid regardless of the local
spam laws in your country and you must agree to it prior to
using the "Software" known as eXecutive News Letter.
eXecutive News Letter is a bulk mailer however, its use is strictly
limited to people who use it for legitimate purposes ie sending
solicited E-Mail to subscribers who have specifically given
approval to be on your mailing list. Unsolicited E-mail is mail
sent to any subscriber who has not specifically given approval
to be on your mailing list. By installing, using or purchasing
eXecutive News Letter you have indicated your agreement to this
clause.
ADDITIONAL LICENSE TERMS
ExecSoft grants to you as an individual, a personal, non-exclusive
license to install and use the Software. You may install a copy
of the Software on a computer and freely move the Software from
one computer to another, provided that you are the only individual
using the Software. If you are an entity, ExecSoft grants you
the right to designate one individual within your organization
("Named User") to have the right to use the Software in the
manner provided above.
RESTRICTIONS
Without the written consent of ExecSoft, you may not transfer,
rent, lease, sublicense or lend the Software, or sell any portion
of the Software.
Limitations on Reverse-Engineering, Decompilation and Disassembly.
You may not reverse-engineer, decompile or disassemble the Software
Product, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.
LIMITED WARRANTY
THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES MERCHANTIBILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
EXECSOFT DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATION OF REMEDIES AND LIABILITY
IN NO EVENT SHALL EXECSOFT OR ANY OTHER PARTY WHO MAY HAVE DISTRIBUTED
THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE FOR DAMAGES, INCLUDING
ANY GENERAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING
FROM THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT (INCLUDING
BUT NOT LIMITED TO LOSS OF BUSINESS PROFIT, LOSS OF DATA, LOSSES
SUSTAINED BY YOU OR THIRD PARTIES OR ANY OTHER PECUNIARY LOSS).
LAW
Except as otherwise restricted by law, this License shall be
construed, interpreted and governed by the laws of the Scotland.
The parties agree that any action relating to this License shall
be instituted and prosecuted in the courts of competent jurisdiction
of and in Scotland. You also agree that any costs incurred by
you to defend any action shall be paid by you. ExecSoft reserves
all rights not specifically granted in this License.