LeanMail End-User License Agreement for the LeanMail Add-in
IMPORTANT- READ CAREFULLY
This non-exclusive End-User License Agreement (“EULA”) is a legally binding agreement between PURCHASER and LEANMAIL ApS for the LEANMAIL Add-in, herein, SOFTWARE PRODUCT, which may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By using the SOFTWARE PRODUCT, PURCHASER agrees to be bound by the terms of this EULA. If PURCHASER does not agree to the terms of this EULA,” PURCHASER” is not authorized to install and/or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
- Grant of License
Upon proper payment this EULA grants PURCHASER the following rights: Installation and Use:
You may use this SOFTWARE PRODUCT on the number of servers accepted by LEANMAIL APS. You may not make copies of the SOFTWARE PRODUCT unless this is necessary for the intended purpose of this license and in accordance with this EULA. LEANMAIL APS reserves all rights not expressly granted to PURCHASER.
The SOFTWARE PRODUCT is only licensed to PURCHASER on a year to year basis. PURCHASER may not transfer the rights under this EULA. The SOFTWARE PRODUCT may not be sold, sublicensed, leased or lent unless explicitly agreed in writing by LEANMAIL APS or appointed representative.
- Description of Other Rights and Limitations
- Limitations on Reverse Engineering, Recompilation, and Disassembly.
PURCHASER 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.
- Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated and may not be used by more users than PURCHASER has acquired licenses for.
LEANMAIL APS intends to develop upgraded versions of the SOFTWARE PRODUCT. If and to the extent such upgraded versions of the SOFTWARE PRODUCT are available, PURCHASER may acquire upgrades of the versions of the SOFTWARE PRODUCT for which PURCHASER has valid license through LEANMAIL APS’ Maintenance Program.
Any and all upgraded versions of the SOFTWARE PRODUCT rightfully acquired by PURCHASER through LEANMAIL APS’ Maintenance Program are covered by this Agreement. However, LEANMAIL APS shall not have any responsibility or liability for the installation of the upgraded versions of the SOFTWARE PRODUCT. Unless rightfully acquired by PURCHASER through LEANMAIL APS’ Maintenance Program, this Agreement does not give PURCHASERthe rights to upgraded versions of SOFTWARE PRODUCTS.
- Duration and Termination.
This license is valid until terminated. Without prejudice to any other rights, LEANMAIL APS may terminate this EULA if PURCHASER fails to comply with the terms and conditions of this EULA. In such event, PURCHASER must return all copies of the SOFTWARE PRODUCT and all of its component parts ten (10) business days from the formal notification by LEANMAIL APS that the EULA has been terminated. Further, PURCHASER shall delete any copies of the SOFTWARE PRODUCT from any and all media.
By buying the LEANMAIL APS SOFTWARE PRODUCT PURCHASER must subscribe to three (3) years of mandatory maintenance. If LEANMAIL APS releases any upgrades or new versions of the SOFTWARE PRODUCT PURCHASER will be entitled to receive such upgrades(s) or new version(s) at no additional cost, except for any connection charges, taxes, duties and shipping costs if PURCHASER selects fulfilment by mail. Such upgrades and new versions shall be considered part of the SOFTWARE PRODUCT and subject to all of the terms and conditions of this EULA unless otherwise indicated in any license agreement that accompanies such upgrade or new versions. Training in the new upgrades or versions is not included.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any codes, images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by LEANMAIL APS or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.
- LEANMAIL APS Limited Warranty
LEANMAIL APS’ entire liability and PURCHASER exclusive remedy under the foregoing warranty shall be at LEANMAIL APS’ option: either (i) return of the part of the license fee paid by PURCHASER and received by LEANMAIL APS for licensing the SOFTWARE PRODUCT or (ii) repair or replacement of the SOFTWARE PRODUCT that does not meet this Limited Warranty. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement of the SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Any modification of the SOFTWARE PRODUCT by anyone other than LEANMAIL APS voids the foregoing warranty.
Any supplements or updates to the SOFTWARE, including without limitation, any (if any) service packs or hot fixes provided to PURCHASER after the expiration of the 1 year Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
- Disclaimer of Warranties.
The Limited Warranty that appears above is the only express warranty made to PURCHASER and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, LEANMAIL APS provides the SOFTWARE AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory.
- Limitation of Liability
PURCHASER has the sole responsibility and liability for the selection, installation and use of the SOFTWARE PRODUCT, as well as the results and outcome of the use of the SOFTWARE PRODUCT. LEANMAIL APS shall have no responsibility and liability for any upgrading, servicing and supporting with respect to the SOFTWARE PRODUCT, including such provided by third parties and partners of LEANMAIL APS.
LEANMAIL APS shall not be liable for any incidental, special, punitive, exemplary or consequential damages arising from or connected with this Agreement or PURCHASER use of the SOFTWARE PRODUCT (including, without limitation, damages for loss of business profits, business interruption, loss of business data and information or other pecuniary loss) and arising out of the use of or inability to use this SOFTWARE PRODUCT, even if LEANMAIL APS has been advised of the possibility of such damages.
Notwithstanding any damages that PURCHASER might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of LEANMAIL APS under any provision of this EULA and PURCHASER exclusive remedy hereunder (except for any remedy of repair or replacement elected by manufacturer with respect to any breach of this limited warranty) shall be limited to the amount actually paid by PURCHASER for the software not including annual license and support fees.