End User License Agreement (EULA)
SOFTWARE PRODUCT: AXIGEN Mail Server
Copyright since 2001 (C) GECAD Technologies SA - All Rights Reserved
AXIGEN is a trademark of GECAD Technologies SA (GECAD)
GECAD Technologies SA, with its headquarter in Romania, Bucharest, having the registration no. J40/10031/2001 and VAT ID RO 14330785 is the owner of this Software Product.
This Software Product includes computer software and associated media and
printed materials (if any), and may include online or electronic documentation
or any copies of them.
The SOFTWARE PRODUCT is licensed, not sold. The acceptance of any purchase
order placed by you is expressly made conditioned on your assent to the terms
set forth herein, and not those set by you within the purchase order. All
rights of any kind, which are not expressly granted by the present EULA, are
entirely and exclusively reserved to and by GECAD.
By downloading, installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree with the present EULA, you are not authorized to download, install, to copy or to otherwise use the SOFTWARE PRODUCT. Obtaining the ownership of the material support of the software only shall not grant you any right to install, to copy, to use, or to otherwise exploit the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is not free software. Therefore you, as Licensee, hereby agree to pay the license fee, per copy of the SOFTWARE PRODUCT acquired.
The license granted by this EULA commence on the date that you install, copy or otherwise first use the SOFTWARE PRODUCT but no later than 1 month after the purchase date. The license shall be either perpetual or limited in time based on the product type and/or purchasing documents, except if otherwise expressly provided within the license type you acquire.
The delivery of the SOFTWARE PRODUCT is in the form of a Registration Code
(an alpha numeric code). As an End User you have to register the SOFTWARE
PRODUCT using the Registration Code with GECAD directly, at www.axigen.com.
As a result of the registration GECAD will send you the License Key in the form
of a file, which enables you to use the Software Product in the terms of this
EULA and in the quantity described in the Purchasing Documents.
You may not provide or make available by any means the Registration Code and
the License Key to any third party. You undertake to take such steps as are
necessary in order to protect the License Key against unauthorized use. Should
a multiple use of the License Key be detected, GECAD is entitled to damages for
the prejudice suffered and may terminate your use of the Software without any
compensation.
Except as set forth below, this license grant you the non-exclusive and non-transferable right to install and use the copy of the SOFTWARE PRODUCT on as many servers, for the purpose of serving as many mailboxes and domains and for as many Locations (meaning postal address where is/are located the server/-s with the Software Product), as expressly set by purchase document. Any new server, mailbox, domain and Location exceeding the number allowed by the present EULA and the purchase document, may be served by the SOFTWARE PRODUCT only after payment of the appropriate license fee and/or written approval of GECAD. For the avoidance of any doubt, each unique e-mail address supported/activated by the Software Product will constitute a separate mailbox and may be served by the Software Product only after payment of the appropriate license fee.
The standard license includes one year of Maintenance (as defined herewithin at section d)). Thereafter, you shall have the option of purchasing annual Maintenance services from GECAD.
The standard license includes one year of Basic Support and it is conditioned
by the registration of the SOFTWARE PRODUCT, on the GECAD website. If a Maintenance
subscription renewal is not ordered before the current subscription's expiration, a
new license has to be purchased.
Maintenance and support fees are based on updated list prices, as valid in the moment of purchase.
From time to time, only for a limited period of time, GECAD can grant without charge Standard Licenses of AXIGEN to a certain type of end users, for marketing and publicity matters and not for sale or any other type of commerce for profit. In this case you are also bound to the rest of the applicable obligations provided by the present EULA.
This Evaluation license and registration of the SOFTWARE PRODUCT is free software.
This license grants you the non-exclusive and non-transferable right to install and use Evaluation Version of the SOFTWARE PRODUCT on one computer only, for evaluation purposes only, without charge for a period of 30 (thirty) days. You are also bound to the terms & conditions provided by Article 1 point a) above, except the restriction regarding the number of mailboxes, domains and Locations.
During the evaluation period you are hereby licensed, without charge, for the following:
You are specifically prohibited from charging, requesting donations or otherwise asking or receiving economical benefits for any such copies, however made, and from distributing the software and/or documentation with other products (commercial or otherwise) without prior GECAD written permission.
Upon expiration of the evaluation period you are obliged to uninstall and destroy all SOFTWARE PRODUCT's copies. It is strictly forbidden to partially or totally, temporary or definitively, reproduce or retain SOFTWARE PRODUCT's copies, as well as to use for any purposes, to conduct any other activity concerning SOFTWARE PRODUCT's copies upon expiration of the evaluation period. Unregistered and unauthorized use of the software after the 30 day evaluation period represents a violation of GECAD's copyright as well as a violation of Romanian and international copyright laws.
You may use the SOFTWARE PRODUCTS acquired in special conditions (usually lower
price) as Educational License ONLY if you are an educational institute or an
academic personnel, within the terms and conditions hereunder, ONLY on
educational purpose computers. You are also bound to the obligations provided
by Article 1 point a) above.
The following entities are entitled to acquire Educational License:
The SOFTWARE PRODUCT is updated from time to time (such as bug fixes or other
improvements). This are referred to as "Maintenance". The standard license
includes one year of Maintenance.
After the expiration of the first year of maintenance benefits as provided by
the standard license within Article 1 a), you may obtain software updates by
purchasing Maintenance subscription for successive and consecutive periods of
one year each. During the Maintenance period, the general rules which are
provided by Article 1 a) shall apply.
GECAD has the right to discontinue creating, releasing and providing maintenance
for or related to the SOFTWARE PRODUCT version acquired by you in case GECAD
releases a new version of the SOFTWARE PRODUCT. In such case, during Maintenance
period, you may obtain without any charge the newly released version (to replace
the one acquired previously by you), provided that you previously have registered
the SOFTWARE PRODUCT from GECAD. This upgrade to new version will not extend the
content update period of one year. These represent the general rules of granting
maintenance under the present EULA.
Maintenance services shall comprise of the provision of new versions of the
SOFTWARE PRODUCT only, and no other maintenance services or assistance are
included.
You accept that from time to time, the SOFTWARE PRODUCT will send a message
containing details of the key or keys installed to GECAD and it agrees not to
interfere with the delivery of this message.
You accept, that GECAD may receive error messages from the SOFTWARE PRODUCT
installed on the your system in the event that the SOFTWARE PRODUCT fails for
some reason (and that GECAD has the option to turn this off)
You may also make as many copies of the SOFTWARE PRODUCT, for back-up purposes only.
GECAD reserves all rights not expressly granted by the present EULA including,
without limitation, modification rights, translation rights, rights to source
code etc. You are not allowed to make, or to allow being made any kind of
derivative works products, from the SOFTWARE PRODUCTS concerned by the present
EULA. Consequently, you are strictly forbidden to add, change, modify, erase
features and / or interfaces related to the SOFTWARE PRODUCT, or to any other
way create or alter such features and / or interfaces, except for changes to
the HTML pages with the exception of preservation of the GECAD Technologies
LTD copyright to the HTML help and "about us" pages. You are also forbidden to
allow other parties to add, change, modify, erase features and / or interfaces
related to the SOFTWARE PRODUCT, or to any other way create or alter such
features and / or interfaces.
In case you want to have the right to make any kind of derivative works from
the SOFTWARE PRODUCT, you must obtain GECAD's express, prior and written
approval in this respect.
You may not modify, translate, reverse engineer, recompile, disassemble or create derivative works based on the SOFTWARE PRODUCT, or any portion thereof."
You may not copy the Software or Documentation except as expressly provided by this EULA.
You may not sell, loan, rent, lease or any other way transfer the SOFTWARE PRODUCT or Documentation.
You may not remove, add or modify any proprietary notices, labels or marks on the Software or Documentation.
You may not use GECAD's name(s), logo(s), or trademark(s) in any manner including,
without limitation, in your advertising or marketing materials without written
content.
You hereby undertake yourself not to use any name or trademark confusingly similar
to a GECAD or to a GECAD licensed third party's trademark, trade name and/or product
name.
You hereby undertake yourself not to interfere with or diminish GECAD right, title
and/or interest in GECAD or licensed third party's trademark(s), trade name(s) or
Product name(s).
The company undertakes to treat as confidential and keep secret all information contained or embodied in the software and Documentation supplied by GECAD.
The company does not grant the right and you agree not to publish performance benchmark results or any other specific tests for AXIGEN Mail Server without Gecad's prior written consent.
The license will automatically terminate if you fail to comply with the obligation and limitations herein described. On termination you must destroy all copies of the Software Product(s) and Documentation and all its component parts. There shall be no refund or adjustment for amounts paid by you to GECAD for SOFTWARE PRODUCT(s) destroyed in accordance with the present article. The provisions of the present EULA which by their nature extend beyond the termination date of the EULA will survive and remain in effect and enforceable until all obligations are fully satisfied.
GECAD warrants that the media containing the SOFTWARE PRODUCT, if provided by GECAD, is free from defects in material and workmanship and will so remain for 30 (thirty) days from the date you acquired the SOFTWARE PRODUCT. GECAD's sole liability, and your sole remedy, for any breach of this warranty shall be to replace your defective media. Replaced media shall be covered by this limited warranty for 30 (thirty) days after the date of shipment to you of the replaced media.
This software and the accompanying files are provided "as is" and without
warranties as to performance or merchantability or any other warranties whether
expressed or implied. Because of the various hardware and software environments
into which the SOFTWARE PRODUCT may be put, no warranty or fitness for a
particular purpose is offered.
Good data processing procedure dictates that any program should be thoroughly
tested with non-critical data before relying on it. The user hereby agrees to
assume the entire risk of using the program.
GECAD will use reasonable commercial efforts to provide solutions for any reported
malfunctions.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY GECAD. GECAD MAKES
NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY
DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NO INFRINGEMENT OF THIRD PARTY RIGHTS. THE DURATION OF IMPLIED
WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS
OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE
LIMITED WARRANTY PERIOD; NO GECAD PARTNER, DISTRIBUTOR, OR EMPLOYEE IS AUTHORIZED
TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If you make
any modifications to the SOFTWARE PRODUCT during the warranty period, if the media
is subjected to accident, abuse, or improper use, or if you violate the terms of
this EULA, then this warranty shall immediately be terminated. This warranty shall
not apply if the SOFTWARE PRODUCT is used on or in conjunction with hardware or
software other than the unmodified version of hardware and software which the
Software Product(s) was designed to be used as described in the Documentation.
NO warranty refers to evaluation period.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL GECAD OR ITS PARTNERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF GECAD'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF GECAD SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
All intellectual property rights in and to the SOFTWARE PRODUCT and Documentation
are property of GECAD. All intellectual property rights related to the SOFTWARE
PRODUCT remain property of GECAD. Romanian copyright law, local copyright law and
international treaties protect the SOFTWARE PRODUCT as well as the rights related
to it.
The provision of this service to you does not grant, and you do not receive, any
rights under any Microsoft intellectual property with respect to any device or
software that you use to access this service.
This EULA represents the complete agreement concerning this license between the
parties and supersedes all prior agreements and representations between them.
This EULA may be amended only in writing by GECAD. If any provision of this EULA
is held to be unenforceable for any reason, such provision shall be reformed only
to the extent necessary to make it enforceable and the remaining provisions of
this EULA shall remain in full force and effect.
This EULA will be governed by the law of the country of copyright holder.
AXIGEN may contain third party materials which are licensed pursuant to separate
terms. These terms are included within AXIGEN and are available for you to review.
Neither this EULA, nor any terms and conditions contained herein, shall be construed
as creating a partnership, joint venture or agency relationship or as granting
a franchise.
You shall, at your own expense, promptly obtain and arrange for the maintenance of
all mandatory government approvals, if any, and comply with all applicable local
laws and regulations as may be necessary for your performance under this EULA.