Kerio MailServer distribution permissions and end-user license agreement

License Agreement
IMPORTANT -- BY DOWNLOADING OR INSTALLING THE SOFTWARE, YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE OR DISCONTINUE USE IMMEDIATELY AND DESTROY ALL COPIES. -- PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE PROCEEDING. THIS LICENSE AGREEMENT (“AGREEMENT”) CONTAINS WARRANTY AND LIABILITY DISCLAIMERS.

1. Definition. "Software" means Kerio WinRoute Firewall version 6 and any related updates supplied by Kerio Technologies Inc. (“Kerio Technologies”).

2. Trial Period License. You may download and use the Software for free for thirty (30) days after installation (“Trial Period”). During the Trial Period, Kerio Technologies grants you a limited, non-exclusive license to copy and use the Software for evaluation purposes and only for internal use. Technical support is available to you during the Trial Period.

3. License After Trial Period. This Software is licensed, not sold. During the Trial Period, you have the option of paying a license fee in order to be able to use the Software after expiration of the Trial Period. Upon your payment of the license fee, Kerio Technologies provides you with a registration number (License Key) and grants you a limited, non-exclusive license to (a) use the Software on a single computer at any time; and (b) make one (1) copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and proprietary legends found on the original. You may not transfer the rights in a backup copy unless you transfer all rights in the Software. If you do not pay the license fee before the Trial Period expires, the present License will be immediately terminated and you lose any right to the Software.

4. Restrictions.
4.1. You may not provide or make available by any means 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. You allow Kerio Technologies and its distributors to employ technical means in order to check the conformity of your use of the Software to the terms of this License. Should a multiple use of the License Key be detected, Kerio Technologies is entitled to damages for the prejudice suffered and may terminate your use of the Software without any compensation.

4.2. Except from the authorized copy for backup purposes, you may not make additional copies of the Software, nor distribute them. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not modify, adapt, translate the Software or any parts thereof, or create derivative works based on the Software. You may not sell, rent, lease, sublicense, transfer, resell for profit or otherwise distribute the Software or any part thereof. Notwithstanding the foregoing, you may in no event transfer education and not-for-resale copies of the Software.

5. Ownership and Intellectual Property Rights. This Agreement gives you limited rights to use the Software. Kerio Technologies retain any and all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Kerio Technologies. The structure, organization and code of the Software are valuable trade secrets and confidential information of Kerio Technologies.

6. Limited Warranties.
6.1. Kerio Technologies warrants that it holds the proper rights allowing it to license the Software and is not currently aware of any actions which may affect its rights to do so.

6.2. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. EXCEPT AS PROVIDED IN SECTION 6.1, KERIO TECHNOLOGIES MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WIT

HOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. KERIO TECHNOLOGIES MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. IN PARTICULAR, THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. KERIO TECHNOLOGIES EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.

7. No Refund
Because the Software is provided free of charge during the Trial Period to allow potential customers to evaluate and test it before paying the license fee, Kerio Technologies enforces a strict no-refund policy. Please evaluate and test the Software carefully during the Trial Period. Once you pay the license fee, your payment is final and you may not be reimbursed.

8. Subscription for Technical Support, Updates and Upgrades
8.1. A “Subscription” is a time-limited right to technical support and Software updates and upgrades.

8.2. The license fee for the Software includes a one (1)-year Subscription.

8.3. At any time prior to the expiration of your Subscription, you may purchase additional Subscriptions. Additional Subscriptions will extend the validity of your current Subscription. If you do not purchase any additional Subscription, you will lose the right to technical support and Software updates and upgrades as of the date your current Subscription expires. However, you will not lose the right to use the Software.

8.4. Please refer to our web site at http://www.kerio.com/ for additional information regarding subscriptions (prices, online purchase etc.).

8.5. Technical support is provided via electronic mail at the following address: support@kerio.com, and by phone at 1-408-496-4500 during business hours 8am to 5pm, Pacific Standard Time. Kerio will use its best efforts to provide you with technical support within forty-eight (48) business hours of your request. Please check our web site to find our latest contact information.

8.6. The latest information is provided on the web site at http://www.kerio.com/. Please be aware that in order for Kerio Technologies to be able to provide you with technical support and Software updates and upgrades you must provide complete and accurate information via the online registration form.

9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KERIO TECHNOLOGIES OR ITS DISTRIBUTORS BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF USING THE SOFTWARE. NEITHER KERIO TECHNOLOGIES NOR ITS DISTRIBUTOR WILL BE RESPONSIBLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RELATED TO THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL KERIO TECHNOLOGIES’ AGGREGATE LIABILITY TO YOU EXCEED THE LICENSE FEE PAID BY YOU TO KERIO TECHNOLOGIES HEREUNDER..

10. U.S. Government Restricted Rights. If you are acquiring the Software by or for any unit or agency of the United States Government, this provision applies. The Software shall be classified as “commercial computer software”, as that term is defined in the Federal Acquisition Regulation (the “FAR”) and its supplements.
(1) If the Software is supplied for use by DoD, the Software is delivered subject to the terms of this license agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252.227-7013(c)(1)(ii) (OCT 1988), as applicable.
(2) If the Software is supplied for use by a Federal agency other than DoD, the Software is restricted computer software delivered subject to the terms of this license agreement and (i) FAR 12.212(a) (1995); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable.

11. Duration. This Agreement will terminate at the end of the Trial Period unless you purchase an ongoing license by paying the license fee. In the event that you purchase an ongoing license prior to the end of the Tria
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Period, this Agreement shall remain in effect until terminated by either party. You may terminate the Agreement at any time by destroying all copies of the Software. Kerio Technologies may terminate the Agreement upon breach of your obligations under the present Agreement.

12. General
12.1. You may not export or re-export, directly or indirectly, the Software into any country prohibited by the United States regulations. By downloading or installing the Software, you are certifying that you are not a national of any country subject to United States embargo, such as but not limited to Cuba, Iran, Iraq, North Korea, Sudan, Libya, Syria, and that you are not otherwise prohibited from using the Software.

12.2. Upgrades may be licensed to you under additional or different terms, if so specified in writing.

12.3. If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.

12.4. This Agreement is governed by the internal laws of the State of California, USA, to the exclusion of any conflict of laws rules. All disputes relating to this Agreement will be brought before the applicable courts in the Santa Clara County, California, USA, and you agree to submit to exclusive personal jurisdiction therein. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties’ relationship.

12.5. You may not assign this Agreement in whole or in part, without Kerio Technologies’ prior written consent. Any attempt by you to assign this Agreement without such consent will be null and void.

12.6. This Agreement contains the entire agreement between Kerio Technologies and you relating to the Software and supersedes all prior agreements and understandings, whether oral or written. All questions concerning this Agreement shall be directed to: info@kerio.com.

Last updated on February 26, 2003.

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