PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE MAILPLANE SOFTWARE. BY USING THE MAILPLANE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
1. General. The software (including all content) and documentation, whether on disk, in read only memory, on any other media or in any other form (collectively the “Mailplane Software”) is licensed, not sold, to you by Buzzard ("we", "us"), an AG (similar to a limited liability company) registered in Freienbach, Switzerland, for use only under the terms of this license, and we reserve all rights not expressly granted to you herein. The rights granted herein are limited to us and our licensors' intellectual property rights in the Mailplane Software and do not include any other patents or intellectual property rights. You own the media on which the Mailplane Software is recorded but we and/or our licensor(s) retain ownership of the Mailplane Software itself. The terms of this license will govern any software upgrades provided by us that replace and/or supplement the original Mailplane Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
A. Trial License. If you are using the trial version of the Mailplane Software, this license allows you to install and use the Mailplane Software on any number of computers for the sole purpose of evaluating the Mailplane Software. The trial version of the Mailplane Software expires fifteen (15) days after the date you first launch the Mailplane Software.
B. Mailplane Personal License. This license allows you to install a copy of the Mailplane Software on any numbers of computers you personally use. You must be the only user and are not allowed to share the license with anyone else.
C. Mailplane Family License. This license allows you to install a copy of the Mailplane Software on any numbers of computers the family members use. The license may be shared between up to five (5) family members living in same household. The family license must not be used for commercial use, student dormitories, or family members living in separate households.
D. Mailplane Site License. This license allows you to install a copy of the Mailplane Software on any numbers of computers the organization uses. The license may be shared between a given number of users specified in the license.
4. Termination. This license is effective until terminated. Your rights under this license will terminate automatically without notice from us if you fail to comply with any term(s) of this license. Upon the termination of this license, you shall cease all use of the Mailplane Software and destroy all copies, full or partial, of the Mailplane Software.
5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MAILPLANE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE MAILPLANE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE AND OUR LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MAILPLANE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MAILPLANE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE MAILPLANE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MAILPLANE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MAILPLANE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE MAILPLANE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MAILPLANE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Third Party Acknowledgements. Portions of the Mailplane Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the Mailplane Software, or may otherwise accompany such material, and your use of such material is governed by their respective terms.
8. Miscellaneous. This license constitutes the entire agreement between the parties with respect to the use of the Mailplane Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this license will be binding unless in writing and signed by us. Any translation of this license is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this license shall govern. This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without regard to its provisions governing conflicts of law. You agree that any claim or dispute you may have against us must be resolved by a court located in Freienbach, Switzerland. You hereby submit to the personal jurisdiction of the courts located within Freienbach, Switzerland for the purpose of litigating all such claims or disputes.
9. Effectiveness. This agreement is effective on April 14 2013 for current users, and upon acceptance for new users.