» version 1.61 - posted on 2005-07-09
Improved setup: no need for Microsoft Collaboration Data Objects (CDO)
EULA - End User License Agreement
End User License Agreement - Email Redemption for Outlook
SOFTWARE END USER LICENSE AGREEMENT FOR DESKTOP USE ONLY
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A
LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR
OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND INTUITIVE
TECHNOLOGIES, LTD. READ IT CAREFULLY BEFORE COMPLETING THE
INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO
USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY
DISCLAIMERS. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE
CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND DO NOT USE IT.
1.1. "Intuitive Technologies" means Intuitive Technologies, Ltd. and
its licensors, if any.
1.2. "Software" means only the Intuitive Technologies software
program(s) and third party software programs, in each case, supplied
by Intuitive Technologies herewith, and corresponding documentation,
associated media, printed materials, and online or electronic
documentation, and all updates or upgrades of the above that are
provided to you.
2. License Grants
2.1. You may install and use the Software on a single desktop
computer that has a Windows PC operating system provided, however,
that, notwithstanding anything contrary contained herein, you may not
use the Software on any non-PC product or any embedded or device
versions of the above operating systems, including, but not limited
to, mobile devices, internet appliances, set top boxes (STB),
handhelds, PDAs, phones, web pads, tablets, game consoles, TVs, DVDs,
gaming machines, home automation systems, kiosks or any other
consumer electronics devices or mobile/cable/satellite/television or
closed system based service. A license for the Software may not be
shared, installed or used concurrently on different computers.
2.2. You agree that Intuitive Technologies may audit your use of the
Software for compliance with these terms at any time, upon reasonable
notice. In the event that such audit reveals any use of the Software
by you other than in full compliance with the terms of this
Agreement, you shall reimburse Intuitive Technologies for all
reasonable expenses related to such audit in addition to any other
liabilities you may incur as a result of such non-compliance.
2.3. Your license rights under this EULA are non-exclusive.
3. License Restrictions
3.1. You may not make or distribute copies of the Software, or
electronically transfer the Software from one computer to another or
over a network.
3.2. You may not alter, merge, modify, adapt or translate the
Software, or decompile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-perceivable form.
3.3. You may not sell, rent, lease, or sublicense the Software.
3.4. You may not modify the Software or create derivative works
based upon the Software.
3.5. You may not export the Software into any country prohibited by
the United States Export Administration Act and the regulations
3.6. In the event that you fail to comply with this EULA, Intuitive
Technologies may terminate the license and you must destroy all
copies of the Software (with all other rights of both parties and all
other provisions of this EULA surviving any such termination).
3.7. You shall not use the Software to develop any software or other
technology having the same primary function as the Software,
including but not limited to using the Software in any development or
test procedure that seeks to develop like software or other
technology, or to determine if such software or other technology
performs in a similar manner as the Software.
4.1. The foregoing license gives you limited license to use the
Software. Intuitive Technologies and its suppliers retain all right,
title and interest, including all copyright and intellectual property
rights, in and to, the Software and all copies thereof. All rights
not specifically granted in this EULA, including Federal and
International Copyrights, are reserved by Intuitive Technologies and
5. WARRANTY DISCLAIMER
5.1. THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN
"AS-IS" BASIS. INTUITIVE TECHNOLOGIES PROVIDES NO TECHNICAL SUPPORT,
WARRANTIES OR REMEDIES FOR THE SOFTWARE.
5.2. INTUITIVE TECHNOLOGIES AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR
OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT
AND TITLE OR QUIET ENJOYMENT. INTUITIVE TECHNOLOGIES DOES NOT WARRANT
THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE
CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT
DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE
DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
AND LIFE SUPPORT OR WEAPONS SYSTEMS. INTUITIVE TECHNOLOGIES
SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
5.3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90)
DAYS FROM THE DATE OF DELIVERY.
5.4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INTUITIVE
TECHNOLOGIES, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY
5.5. INTUITIVE TECHNOLOGIES SHALL HAVE NO RESPONSIBILITY IF THE
SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES
OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE
CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
6. LIMITATION OF LIABILITY
6.1. NEITHER INTUITIVE TECHNOLOGIES NOR ITS SUPPLIERS SHALL BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS
DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE
LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE
AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF INTUITIVE TECHNOLOGIES OR ITS REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6.2. INTUITIVE TECHNOLOGIES TOTAL LIABILITY TO YOU FOR ACTUAL
DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF
$50 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH
6.3. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO
ALL ASPECTS OF THIS EULA.
7. Basis of Bargain
7.1. The Warranty Disclaimer and Limited Liability set forth above
are fundamental elements of the basis of the agreement between
Intuitive Technologies and you. Intuitive Technologies would not be
able to provide the Software on an economic basis without such
limitations. Such Warranty Disclaimer and Limited Liability inure to
the benefit of Intuitive Technologies licensors.
8. Third Party Software
8.1. The Software may contain third party software which requires
notices and/or additional terms and conditions. Such required third
party software notices and/or additional terms and conditions are
located at http://www.emailredemption.com/thirdparty/ and are made a
part of and incorporated by reference into this EULA. By accepting
this EULA, you are also accepting the additional terms and
conditions, if any, set forth therein.
9.1. This EULA shall be governed by the internal laws of the State
of Israel, without giving effect to principles of conflict of laws.
You hereby consent to the exclusive jurisdiction and venue of the
courts sitting in Tel Aviv, Israel to resolve any disputes arising
under this EULA. In each case this EULA shall be construed and
enforced without regard to the United Nations Convention on the
International Sale of Goods.
9.2. This EULA contains the complete agreement between the parties
with respect to the subject matter hereof, and supersedes all prior
or contemporaneous agreements or understandings, whether oral or
written. You agree that any varying or additional terms contained in
any purchase order or other written notification or document issued
by you in relation to the Software licensed hereunder shall be of no
effect. The failure or delay of Intuitive Technologies to exercise
any of its rights under this EULA or upon any breach of this EULA
shall not be deemed a waiver of those rights or of the breach.
9.3. No Intuitive Technologies dealer, agent or employee is
authorized to make any amendment to this EULA.
9.4. If any provision of this EULA shall be held by a court of
competent jurisdiction to be contrary to law, that provision will be
enforced to the maximum extent permissible, and the remaining
provisions of this EULA will remain in full force and effect.
9.5. Trademarks contained in the Software are trademarks or
registered trademarks of Intuitive Technologies, Inc. in the United
States and/or other countries. Third party trademarks, trade names,
product names and logos may be the trademarks or registered
trademarks of their respective owners. You may not remove or alter
any trademark, trade names, product names, logo, copyright or other
proprietary notices, legends, symbols or labels in the Software. This
EULA does not authorize you to use Intuitive Technologies or its
licensors names or any of their respective trademarks.