Email Sorter Wizard distribution permissions and end-user license agreement

SINGLE END-USER LICENSE AGREEMENT FOR Email Sorter Wizard® SOFTWARE

IMPORTANT-READ CAREFULLY. This Email Sorter Wizard End-User License Agreement (“EULA”) is a legal AGREEMENT between you and “alpha Internet Services - Anton Kaufmann” for the Email Sorter Wizard software product identified above, which product includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE PRODUCT; in such event the original purchaser may, however, return it to the place of purchase within thirty days of the date of original purchase for a full refund.

SOFTWARE PRODUCT LICENSE

Software License Agreement on Use of “Email Sorter Wizard”
This is a Software License Agreement (known as an End User License Agreement or “EULA') between you, a final user of “Email Sorter Wizard” (hereinafter “software”), and alpha Internet Services - Anton Kaufmann, (hereinafter “alpha”). Please, read carefully! By clicking on “Accept” key or by installing the software you express your approval of the conditions and terms hereof and you are bound thereby. Should you disagree with the conditions and terms hereof, promptly terminate the use of this software and destroy any copies thereof or delete the program already downloaded!

1. Providing the License.
(1) Single User License
alpha through this License Agreement grants to you non-exclusive and non-transferable rights thereunder in respect of using a copy of the software. You may install (download) and use only one copy of the program designated for protection of exclusively one personal computer, notwithstanding as to how many times you download the program and how many times you accept the License Agreement. You must not use the program in a network or on more than one computer.

(2) License Pack (Multi User License)
If you have acquired this EULA in an “Email Sorter Wizard” License Pack, you may make the number of additional copies of the computer software portion of the SOFTWARE PRODUCT identified above on this EULA, and you may use each copy in the manner specified above.

2. Copyrights.
This software is subject thereto is and continues to be a property of alpha and is protected by copyright laws and international treaties. Unauthorized reproduction or distribution of this software, or any portion of it, may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent allowed by law.

3. Use Restrictions.
You must not use this software in any manner somehow jeopardizing or violating the manufacturers' copyrights. Particularly, it is prohibited to make copies thereof (with the exception of making copies to be used as a backup). In addition, you must not reproduce the program, change it, modify it, decompile it, transfer it from a mechanical code, reanalyze it or create any deduced works therefrom by processing. All explicitly non-granted rights are reserved. Any copy of the program you have been permitted to obtain based hereon must contain a complete copyright and other notices provided at the original duplicate.

4. Assignment Restriction.
This license is provided personally to you and for that reason it does not allow you to make any duplicate (copy) to be sold, borrowed, assigned, leased or transferred in any manner whatsoever to another person. Any transfer executed in violation of this provision shall be deemed invalid and constitute a reason for termination of your license validity.

5. Liability Limitations - Limited Warranty.
This license agreement also limits the liability of alpha for damages of all kinds regarding use of the software, errors or viruses in the software and other items.

(1) Limited Warranty.
“alpha Internet Services - Anton Kaufmann” warrants that (a) the SOFTWARE PRODUCT will, for a period of ninety (90) days from the date of delivery, perform substantially in accordance with “Email Sorter Wizard's” written materials accompanying it, and (b) any Support Services provided by alpha shall be substantially as described in applicable written materials provided to you by alpha.

(2) Customer Remedies.
In the event of any breach of warranty or other duty owed by alpha, alpha's and its suppliers' entire liability and your exclusive remedy shall be, at alpha's option, either (a) return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested U.S. retail price) if any, (b) repair or replacement of the defective SOFTWARE PRODUCT or (c) re-performance of the Support Services. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

(3) No Other Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALPHA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM COUNTRY/STATE/JURISDICTION TO COUNTRY/STATE/JURISDICTION. SOME COUNTRIES/STATES AND JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY DISCLAIMED BUT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE PRODUCT, IF ANY, ARE LIMITED TO NINETY (90) DAYS.

(4) Limitation Of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALPHA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ALPHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ALPHA'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO ALPHA FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE. BECAUSE SOME COUNTRIES/STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. Termination.
This license is in effect from the moment you click “Accept” button until it is terminated. You may terminate the agreement at any time by destroying all copies of the software and documentation and erasing any copies on your hard disk. The agreement may also terminate if you fail to comply with any terms and conditions of this agreement. In such event, you agree to destroy and erase all copies of the software and documentation, and alpha will be entitled to all remedies in accordance with applicable law.

7. Miscellaneous.
This license is governed by the laws of the State of Germany . If you have any concerns or questions regarding this license, or if you want to contact alpha for any other reason, feel free to contact us at the below address
alpha Internet Services
Anton Kaufmann
POB 1231
D-82178 Puchheim
Germany

or by fax +49 - 89 - 89 02 66 44
or you can also e mail us at: management@sortoutlookemail.com

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