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[EN] MailWalker - End User License Agreement
Date 24/09/2008 16:27  Auteur Pierre Lannoy  Hits 138
The following terms and conditions constitute a legal agreement ("Contract") between you, the end-user (individual or entity), on one hand, and WebSynaptics / Pierre Lannoy on the other hand, regarding the software known under the name of MailWalker (the "Software"). The term "Software" includes, and the present terms and conditions also apply to, every Software updating or upgrading you may receive as part of the maintenance and development service or any other support service.

version 2A - Septembre 2008

0 - Introduction

You must carefully read the following terms and conditions before using this software. Any use of MailWalker software is subject to this license agreement except if you obtain from WebSynaptics a different license agreement. By checking, below, the line "I understand and I accept the terms of the license agreement", you agree to be bound to all the terms and conditions of this contract and you accept to be bound and to take part in this contract. If you do not agree with this contract, you must check the line "I refuse the terms of the license agreement" ; this action shall stop the installation procedure and you shall not own any license to use any part of MailWalker software.
WebSynaptics may revise this end-user license agreement and shall inform you on MailWalker executing. You shall find the latest version of this document at http://www.websynaptics.com/guide_argument_MailWalker.html.


1 - Beta release

Some users can get MailWalker beta release for the sole purpose of testing. No other entity can distribute this beta release, free or not, except from WebSynaptics, its editors, distributors, subcontractors or partners. You can use each beta release during a limited number of days (See MailWalker "About" dialog box) and it shall stop operating further to this period.


2 - Demonstration release

MailWalker demonstration release (trial release) is not time-limited but is limited as far as its functionalities are concerned. To be able to use the whole MailWalker functionalities, you must buy a license.
This evaluation version can be distributed free in its original configuration, not modified. You are not authorized to reconfigurate the software (in other words, to modify the installation program or any other file). You are free to include MailWalker installation files on a CD-ROM, a website or any other media, provided you do not have the end-user paying for the software, and provided you make a request to partnerships[at]WebSynaptics[dot]com describing when, how and why you intend to distribute MailWalker.


3 - License release

By using MailWalker, you accept the terms of this contract. According to the terms of this contract, WebSynaptics hereby grants you limited, personal, non-distributable license to use MailWalker, which cannot be sub-licensed, as well as access to minor and major updating of the software.
You are authorized to make a copy of MailWalker only for back-up purposes. You are not authorized to distribute free, sell or rent the authorization keys, codes, and license data you were given on purchasing and registering the software.
MailWalker is available in various ranges of licenses. According to the release you purchased, the license grants you permission to install the software for one or several users on one or several computers. By accepting this contract, you are committed to respecting these limitations. For more details about these limitations, please refer to http://www.websynaptics.com/articles_6_EN-MailWalker--5-different-editions.html.


4 - Support

Free support is provided from several networks (described at http://www.websynaptics.com/support.html) both to the users of the demonstration release and to licensed customers. License owners shall have priority against the demonstration release users. Support is given within reasonable limits: WebSynaptics shall do its utmost to have MailWalker running for you, but this does not include neither teaching of Windows functionalities, Internet and emails, nor how to use third editors' software.


5 - Restrictions

You are committed not to tampering with, decompiling or disassembling MailWalker, in its entirety or partly. You are not authorized to remove information relating to the software (copyright mentions, name of integrated third technologies,...).


6 - Third-Party Technologies and Iconographies

MailWalker integrates some third-party technologies and iconographies in its code and interface. Those, listed in MailWalker "About" dialog box, are exclusive properties of their respective authors. For more details about these third-party technologies, please refer to: http://www.websynaptics.com/thanks.html.


7 - Limited guarantee

MailWalker and any other support or services from WebSynaptics, its editors, subcontractors, distributors or partners, is provided "as is", without any guarantee of any kind. WebSynaptics hereby does not grant any guarantee, express or implicit, in particular relating to - but without being limited to - the merchantable quality of the software and its suitability for particular use.
MailWalker and every support and service from WebSynaptics is negatively tested by up-to-date antiviruses on their software conditioning. Nevertheless, WebSynaptics cannot guarantee full absence of virus of other malwares.
Neither WebSynaptics, nor its editors, subcontractors, distributors or partners guarantee that the user can use MailWalker continuously, without interruption, and do not guarantee that the software is free from errors. Any program must be carefully tested before use and the user must assume any risk resulting from the use of this program.


8 - Limited responsibility

WebSynaptics, its editors and distributors entitled to provide licenses, subcontractors and partners are not responsible for any direct or indirect damage, including in particular loss of profits or expecting savings, work interruption, system error or dysfunction or any incident damage, special or any other financial or commercial damage or moral wrong, whatever is the cause. In any case, WebSynaptics, its editors, distributors, subcontractors or partners shall be responsible for any damage exceeding the price of one MailWalker license, even if WebSynaptics, its editors, distributors, subcontractors or partners were informed about the possibility of such direct or indirect damage.


9 - Fair Use Clause and Legal Aspects

WebSynaptics cannot be held responsible for the use that the user can make of the data linked or extracted by the software. In particular, WebSynaptics draws the attention of the users to the fact that in some countries, based on national and/or territorial legislations and case laws, the use of email data for unsolicited emailing, even simple automatic collection of emails, can be partially or fully prohibited.
In case of doubt about the legality of MailWalker use and/or about the data linked or extracted by the software, WebSynaptics recommends to MailWalker users to ask for legal advice from any person or organization entitled to give such advice for his territory of activity.


10 - End of contract

This contract, including all your rights of use of MailWalker, shall automatically and immediately terminate if you do not comply with the terms and conditions of this contract. In such a case, you must destroy all MailWalker copies, as well as the authorization keys, codes and licenses data in your possession.
 

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