@MAIL LICENSE AGREEMENT
@Ware, Inc. (“@Ware”) is providing you (“Recipient”) with a copy of @Mail, and related documentation and information (collectively the “Product”). @Ware may, in its sole discretion, also provide further releases of the Product or related information to Recipient hereunder, in which case such further releases and related information shall also be covered hereunder as “Product”.
1. GRANT OF LICENSE. @Ware grants Recipient a limited, non-exclusive, non-transferable, royalty-free license to use one copy each of the Product software on a single CPU. Recipient acknowledges that @Ware will not be obligated to make the Product available in the future, including any accompanying printed materials. Recipient shall not reverse engineer, decompile or disassemble the Product except to the extent that this restriction is expressly prohibited by applicable law. @Ware and its suppliers shall retain title and all ownership rights to the Product.
2. TERM OF AGREEMENT. The term of this agreement shall commence upon the receipt of the Product by the Recipient and shall continue until terminated by @Ware in writing at any time, with or without cause. Section 4 shall survive termination or expiration of this Agreement with respect to any information that has not been made public by @Ware as of the commercial release of the Product.
3. PRODUCT MAINTENANCE. @Ware is not obligated to provide maintenance or updates to Recipient for the Product. However, any maintenance or updates provided by @Ware shall be covered by this Agreement.
4. DISCLAIMER OF WARRANTY. Product is deemed accepted by Recipient. The PRODUCT is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, @WARE FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL @WARE OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATTION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF @WARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT.
5. GOVERNING LAW; ATTORNEYS FEES. This agreement shall be governed by the laws of the State of North Carolina and Recipient further consents to jurisdiction by the state and federal courts sitting in the State of North Carolina. If either @Ware or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees.
6. ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive agreement between @Ware and Recipient with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writing duly signed by an authorized representative of @Ware and Recipient.
IN WITNESS WHEREOF, Recipient has caused the Agreement to be executed by its duly authorized representative.