License Agreement
 Table of Contents
PLEASE READ THIS LICENSE AGREEMENT BEFORE USING THIS SOFTWARE.
By using this software, you are agreeing to be bound by the terms of
this license. If you do not agree to these terms, promptly cease all further
installation or use of the software.
LICENSE GRANT
"You" or "your" as used herein means the person
or company who is being licensed to use the Software, as defined below.
"We," "us" and "our" as used herein means
Gate Comm Software. We hereby grant you a nonexclusive, non-transferable,
revocable license to use one copy of the Software on any single computer,
provided the Software is in use on only one computer at any time. If you
purchase multiple licenses for the Software, then at any time you may
have as many copies of the Software in use as you have licenses.
- A PostCast Server
Site License entitles an organization to receive one copy of the distribution
package and to duplicate it for any number of people or workstations within
a single site. All users shall be permitted to access the software on
an unlimited number of computers at the same physical site location. This
site location would be defined as a single building.
- A PostCast Server
Corporate License entitles an organization to receive one copy of the
distribution package and to duplicate it for any number of people or workstations
within the entire corporation. The organization can use PostCast Server
on an unlimited number of computers, regardless of location, but owned
or under the control of the purchaser.
- If you have a lot
of employees distributed geographically but working for a single company,
you may use a Corporate License.
TITLE
The "Software" as referred to herein means the Gate Comm Software
"PostCast Server", a desktop mail server software. The Documentation
as referred to herein shall mean the written materials that you may receive
in connection with the Software. We will remain the sole and exclusive
owners of all right, title and interest in and to the Software and the
Documentation.
ARCHIVAL OR BACKUP COPIES
You may copy the Software for back-up and archival purposes only, provided
however, that at all times herein, the original and each copy is kept
in your possession and that your installation and use of the Software
does not exceed that allowed in the "License Grant" section
above.
THINGS YOU MAY NOT DO
You agree and acknowledge that the Software and Documentation are proprietary
works that may be protected by the copyright laws of various nations.
You may only use the Software and Documentation for the purposes and in
accordance with the terms of this Agreement. You may not, without limitation:
- Copy the Documentation,
- Copy the Software
except to make archival or backup copies as provided above
- De-compile, reverse
engineer and disassemble the Software
- Sublicense, rent,
lease or lend any portion of the Software or Documentation
- It is strictly forbidden
to use PostCast Server to send unsolicited commercial e-mail (Spam).
You acknowledge that any violation of this paragraph will cause us immediate
and irreparable harm. Therefore, upon any actual or impending violation
of this paragraph, we shall be entitled to the issuance of a restraining
order, preliminary and permanent injunction without bond, restraining
or enjoining such violation by you, your successors or assigns or any
entity or person acting in concert with you. Such remedy shall be additional
to and not in limitation of any other remedy which may otherwise be available
to us by law.
DISTRIBUTION
Distribution is permitted only for the evaluation version of the Software
without any modifications. All accompanying files must be included. You
are allowed to copy the evaluation version of the Software and give it
to any other person, as long as the installation package is not modified
in any way. You are encouraged to put the evaluation version on as many
web sites as possible. The distribution on CD-ROM is also permitted.
TRANSFERS
You may assign all your licenses to use the Software and Documentation
to another person or legal entity (the "Assignee"), provided
however, that prior to such assignment, the Assignee undertakes to be
bound by your obligations under this Agreement. Any attempt to assign
or transfer the license to the Software, the Documentation or this Agreement
shall be ineffective, unless the assignment complies with the terms of
this paragraph. Upon assignment of your license hereunder, you agree to
transfer to the Assignee all of your copies of the Software and Documentation,
including all copies of updates and prior versions of the Software and
Documentation and you further agree and that you will retain no copies,
including, without limitation, electronic copies stored on computer discs
or drives.
DISCLAIMER OF WARRANTY
The software and services offered by us are provided on an "as
is" and "as available" basis without warranties of any
kind, express, implied or statutory, including but not limited to, the
implied warranties of title, noninfringement merchantability and fitness
for a particular purpose. We do not warrant that the Software will be-
uninterrupted, timely, reliable, secure or error-free and expressly disclaim
any warranties as to the materials contained therein, the servers used
or the goods or services offered by us.
EXCLUSION OF CERTAIN DAMAGES
In no event will we be liable to you for any damages, including any
lost profits, lost savings, or other incidental or consequential damages
arising from the use or the inability to use the Software (even if we
or an authorized dealer or distributor has been advised of the possibility
of these damages), or for any claim by any other party.
TERM AND TERMINATION
This Agreement takes effect upon your acceptance of the terms of this
Agreement and remains effective until terminated by either party in accordance
with this Agreement. You may terminate this Agreement at any time by destroying
all copies of the Software and Documentation in your possession and giving
us prompt notice of same. This Agreement will automatically terminate
if you fail to comply with any term or condition of this Agreement. Upon
termination of this Agreement, you warrant and represent that you will
immediately destroy all copies of the Software and Documentation or other
materials provided to you hereunder, if any, that are still in your possession
and provide us prompt written assurance of same.
CONFIDENTIALITY
Non Disclosure. You agree and acknowledge that the Software, its algorithms,
protocols or interfaces, and the Documentation constitute proprietary
and confidential information that belong to us (the "Confidential
Information"). You also understand and agree that misuse and/or unauthorized
disclosure of our Confidential Information could adversely affect our
business. Accordingly, you agree that at all times you will (a) use and
reproduce the Confidential Information only for the purposes of this Agreement
and only to the extent necessary for such purpose; (b) restrict disclosure
of the Confidential Information to your employees, consultants or independent
contractors with a need to know and (c) not disclose the Confidential
Information to any third party without our prior written approval. Notwithstanding
the foregoing, it shall not be a breach of this Agreement for You to disclose
Confidential Information if required to do so under law or in a judicial
or other governmental investigation or proceeding, provided however, that
You give us prior notice of the disclosure sought and You seek all reasonably
available safeguards against widespread dissemination prior to such disclosure.
Remedies. You acknowledge that any violation of this paragraph will
cause us immediate and irreparable harm and that the damages which we
will suffer may be difficult or impossible to measure. Therefore, upon
any actual or impending violation of this paragraph, we shall be entitled
to the issuance of a restraining order, preliminary and permanent injunction
without bond, restraining or enjoining such violation by you, your successors
or assigns or any entity or person acting in concert with you. Such remedy
shall be additional to and not in limitation of any other remedy which
may otherwise be available to us by law. |