GorillaContact Email Marketer Free 2.0

EULA - End User License Agreement

GORILLA CONTACT 2.0 SOFTWARE END USER LICENSE AGREEMENT (EULA)
IMPORTANT NOTICE TO USER:
THIS END USER LICENSE AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND EXAR SOFTWARE RESEARCH PVT LTD, THAT SHOULD BE READ IN ITS ENTIRETY. BY ACCEPTING THIS AGREEMENT YOU WILL BE BOUND BY THE BELOW MENTIONED TERMS OF THIS AGREEMENT. IF YOU ARE WILLING TO ACCEPT THIS AGREEMENT, CONTINUE TO INSTALL OR. YOUR CLICK OF THE I AGREE BUTTON IS A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE I AGREE BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, SELECT DECLINE AND THEN YOU WILL NOT BE ABLE TO USE, INSTALL OR OPERATE THE PRODUCT, AS DEFINED BELOW. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS INSTALLATION PROCESS (WHICH MAY BE VIA A CD-ROM OR A WEB-BASED DOWNLOAD) PERMITS YOU TO INSTALL THE CURRENT VERSION OF THE SOFTWARE.

You may also receive a copy of this Agreement by contacting the Licensor at: support@gorillacontact.com
This Electronic End User License Agreement is a legal agreement between you- the Licensee, and Exar Software Research Pvt Ltd (the Licensor), regarding the software Gorilla Contact 2.0 software that you about to download, downloaded, or otherwise obtained through Licensor's website(s) or other resources or media including without limitation CD or DVD disks or through a network in object code form via websites, file sharing networks, P2P networks, file archives, FTP servers or other related services, including without limitation (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided (the Software), and (b) all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software, if any, licensed to you by the Licensor (collectively, the Updates) provided that the Updates shall not include a new subsequent releases of the Software bearing a new first numeral such as 2.0 or 3.0 (New Releases) but include any minor revisions of the Software version indicated by a change in the decimal numeral, such as 2.3 or 2.4; and (c) related user documentation and associated materials or files provided in written, online or electronic form ((the Documentation and together with the Software, the Product). You are subject to the terms and conditions of this End User License Agreement whether you access or obtain the Product directly from the Licensor, or through any other source. For purposes hereof, you means the individual person installing or using the Product on his or her own behalf or, if the Product is being downloaded or installed on behalf of an organization, such as an employer, you means the organization for which the Product is downloaded or installed and you represent that you have authorized the person accepting this agreement to do so on your behalf. For purposes hereof the term organization, without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
For the purposes of this Agreement, Licensor Site shall mean the Internet website maintained by or on behalf of Licensor from which the Software is available for download pursuant to a license from Licensor. The Licensor Site is currently located at http://www.gorillacontact.com.
By accessing, downloading, storing, loading, installing, executing, displaying, copying the Product into the memory of a computer or otherwise benefiting from using the functionality of the Product in accordance with the Documentation (Operating), you agree to be bound by the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, the Licensor is unwilling to license the Product to you. In such event, you may not Operate or use the Product in any way.

1. LICENSE GRANT. The licensor grants you a license to use one copy of the version of this SOFTWARE on a single computer. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE programming features. This license is not transferable to any other system, or to another organization or individual.

2. OWNERSHIP. The SOFTWARE is owned and copyrighted by the licensor. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE..

3. COPYRIGHT. The SOFTWARE and all rights, without limitation including proprietary rights therein, are owned by Exar software research pvt ltd (the licensor) or its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Exar software research pvt ltd (the licensor)and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.

5. NO OTHER WARRANTIES. The software product is provided "AS IS" WITHOUT WARRANTY OF ANY KIND. Exar software research pvt ltd (the licensor) DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

6. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL Exar software research pvt ltd (the licensor)OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF Exar software research pvt ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Exar software research pvt ltd LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

8. GOVERNING LAW. If for any provision or portion thereof of the License agreement is found to be unenforceable by a court of competent jurisdiction, that provision shall be enforced in such manner as to effect the intention of the parties hereof, and the remainder of the License agreement shall continue in full force and effect.

9. GENERAL PROVISION. This is the entire agreement between you and Exar software research pvt ltd (the licensor), which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this license. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This agreement shall automatically terminate upon failure by you to comply with its terms. Exar software research pvt ltd (the licensor), on its sole discretion, may modify this agreement in writing at any time.

10. DO NOT SEND UNSOLICITED EMAIL. Be aware that you are solely responsible for the messages you send. In many cases sending unsolicited email (AKA Spam) is in violation of the law, and you will be solely accountable and liable for damages and violations.