Terms of Service
ALINTO Alinto Mail Server Pro Software END USER LICENSE AGREEMENT Please read this Software End User License Agreement ("Agreement") carefully before using Alinto products, including all software, and associated media and documentation which may be provided to You, the customer and end user, with such products (individually and collectively, the "Software"). Notwithstanding any affirmative acceptance of this Agreement made during the purchase and/or installation of any Alinto product, You and any entity that you represent (collectively "You") are each agreeing to be bound by the terms of this Agreement with Alinto if You use the Software. If You do not agree to all the terms and conditions of this Agreement, do not install or use the Software. 1. LICENCE GRANT This EULA grants you the following rights: a limited, non transferable, non-exclusive license to use the Software for the number of users contracted for and in accordance with any documentation that accompanies it for: (1) a free version with a pre formated email signature by Alinto. This email signature can be chosen and changed at any time by Alinto. (2) On Premise License : a perpetual period in the case of purchases of the Software, provided when Alinto receives payment in full of the applicable license fee(s). This fee(s) are established from the current pricelist by Alinto at the date of purchased. 2. LICENSE RESTRICTIONS You, nor (i) any of the users of the Software within Your organization, nor (ii) any of Your service subscribers (in the case of a Software-as-a-service (SaaS) subscription user) if You are a SaaS provider, shall directly or indirectly: (i) modify the Software or any portion; (ii) reverse engineer (except when debugging such modification as described in item (i) above), disassemble, decompile the Software (or any element thereof) or otherwise attempt to discover the source code or structure, sequence and organization of the Software or any element thereof (except to the extent reverse engineering restrictions are expressly prohibited by applicable local law, and then only to the extent so prohibited or controlled); (iii) provide the Software as a service or rent or lease the Software (unless otherwise agreed to a software agreement); (iv) distribute or sell the Software (unless otherwise agreed to a distibution agreement); (v) remove, alter or obscure any Software identification, trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within the Software or any copy (unless otherwise agreed to a wholesale agreement). 3. LICENSE REGISTRATION You are required to register the Software if you want to use Alinto Products. The following data must be provided by You: first name, last name, fonction, phone, email, company, address. 4. COPYRIGHT All title and copyrights in and to the Alinto products (including but not limited to any images, photographs, clipart, libraries, and examples incorporated into the software), the accompanying printed materials, and any copies of Alinto products are owned by the Author of this Software. The Alinto products are protected by copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material. 5. COMPLIANCE MONITORING You acknowledge that the Software includes features to enable Alinto or its agents to remotely monitor for inconsistent use with this license and You hereby grant Alinto, its resellers, and agents the right to monitor Your usage to ensure compliance. To the extent that Alinto reviews and/or collects any personal information in regards to pursuing the enforcement of this license as discussed above, Alinto will (i) protect and keep confidential such information; (ii) not use such information for reasons other those related to license enforcement; and (iii) not sell, distribute or pass on such information to any third party, except as necessary pursuant to subpara (ii) hereof (i.e., for use by private, third party enforcement or collections agencies), and/or as required by law. 6. NO REFUNDS All license fees are non-refundable. Accordingly, please evaluate and test the Software carefully during the Trial Period. 7. SUPPORT AND SOFWARE MAINTENANCE Support may be obtained by all current product license holders. Current Alinto support policies apply. No support (or information) will be provided by any Third Party Technology Supplier. Software maintenance, which encompasses receiving "Updates" to the current version of the Software you possess, is provided via download from the Alinto website. Software maintenance is available during all periods in which You subscribed for the Software. Free updates may be obtained in the same manner in the case of free version. You agree that Alinto may modify or discontinue offering the Software at any time. 8. TERMINATION This Agreement is effective until terminated in accordance with this Section. This Agreement will terminate automatically without notice from Alinto if you fail to comply with any term(s) or conditions hereunder, to include making full payment of applicable license fees. You may terminate this Agreement at any time by destroying all copies of the Software and all associated license-related documentation. Upon the termination of this Agreement for any reason, You agree to cease all use of the Software and to destroy all copies of the Software and the license-related information received. 9. DISCLAIMER OF WARRANTIES You expressly acknowledge and agree that use of the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You. The Software is provided "as is", with all faults and without warranty of any kind, and Alinto, its representatives, its distributors and resellers and its third party technology suppliers (collectively referred to as "Alinto") hereby disclaim all warranties and conditions with respect to the Software, either express, implied or statutory, including, but not limited to, the implied warranties and conditions of merchantability, satisfactory quality, or fitness for a particular purpose, accuracy, back-up setup, quiet enjoyment, and non-infringement. Alinto and its third party technology suppliers do not warrant (i) against interference with Your enjoyment of the Software; (ii) that the functions contained in the Software will meet Your requirements, (iii) that the operation of the Software will be uninterrupted or error-free, or (iv) that defects in the Software will be corrected. No oral or written information or advice given by Alinto shall create a warranty. Should the Software prove defective, You (and not Alinto nor its third party technology suppliers) assume the entire cost of all necessary servicing, repair or correction to the extent that the support provided by Alinto does not result in the repair of such defect. 10. LIMITATION OF LIABILITY To the extent not prohibited by law, in no event shall Alinto be liable with respect to the Software or any subject matter of this Agreement under contract, tort, strict liability, negligence or any other legal theory for (i) any incidental, special, indirect or consequential damages, lost profits, loss of data, business interruption, however caused, even if Alinto has been advised of the possibility of such damages; or (ii) any amount in excess, in the aggregate, of the amounts paid by You for the Software. Furthermore, to the extend prohibited by law, in no event with respect to the software or any subject matter of this agreement shall any third part technology supplier be held liable for any damages whatsoever.
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