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License Agreement

PLEASE READ THIS LICENSE AGREEMENT BEFORE
USING THIS SOFTWARE.

By using this software, you are agreeing to be bound by the
terms of this license. If you do not agree to these terms,
promptly cease all further installation or use of the
software.

LICENSE GRANT
"You" or "your" as used herein means the person or company
who is being licensed to use the Software, as defined below.
"We," "us" and "our" as used herein means Gate Comm
Software, Inc. We hereby grant you a nonexclusive,
non-transferable, revocable license to use one copy of the
Software on any single computer, provided the Software is in
use on only one computer at any time. The Software is "in
use" on a computer when it is loaded into temporary memory
(RAM) or installed into the permanent memory of a
computer--for example, a hard disk, CD-ROM or other storage
device.

* If you purchase the PostCast 1 User License, the total
number of users who have permission to access the software
shall be limited to 1 (one). You may purchase multiple user
licenses to support more people.

TITLE
The "Software" as referred to herein means the Gate Comm
Software "PostCast", a desktop e-mail and database
management software. The Documentation as referred to herein
shall mean the written materials that you may receive in
connection with the Software. We will remain the sole and
exclusive owners of all right, title and interest in and to
the Software and the Documentation.

ARCHIVAL OR BACKUP COPIES
You may copy the Software for back-up and archival purposes
only, provided however, that at all times herein, the
original and each copy is kept in your possession and that
your installation and use of the Software does not exceed
that allowed in the "License Grant" section above.

THINGS YOU MAY NOT DO
You agree and acknowledge that the Software and
Documentation are proprietary works that may be protected by
the copyright laws of various nations. You may only use the
Software and Documentation for the purposes and in
accordance with the terms of this Agreement. You may not,
without limitation:

... copy the Documentation,
... copy the Software except to make archival or backup
copies as provided above,
... place the Software onto a server so that it is
accessible via a public network such as the Internet, except
as provided for above in "LICENSE GRANT,"
... de-compile, reverse engineer and disassemble the
Software,
... sublicense, rent, lease or lend any portion of the
Software or Documentation.

You acknowledge that any violation of this paragraph will
cause us immediate and irreparable harm. Therefore, upon any
actual or impending violation of this paragraph, we shall be
entitled to the issuance of a restraining order, preliminary
and permanent injunction without bond, restraining or
enjoining such violation by you, your successors or assigns
or any entity or person acting in concert with you. Such
remedy shall be additional to and not in limitation of any
other remedy which may otherwise be available to us by law.

DISTRIBUTION
Distribution is permitted only for the evaluation version of
the Software without any modifications. All accompanying
files must be included. You are allowed to copy the
evaluation version of the Software and give it to any other
person, as long as the installation package is not modified
in any way. You are encouraged to put the evaluation version
on as many web sites as possible. The distribution on CD-ROM
is also permitted.

TRANSFERS
You may assign all your license to use the Software and
Documentation to another person or legal entity (the
"Assignee"), provided however, that prior to such
assignment, the Assignee undertakes to be bound by your
obligations under this Agreement. Any attempt to assign or
transfer the license to the Software, the Documentation or
this Agreement shall be ineffective, unless the assignment
complies with the terms of this paragraph. Upon assignment
of your license hereunder, you agree to transfer to the
Assignee all of your copies of the Software and
Documentation, including all copies of updates and prior
versions of the Software and Documentation and you further
agree and that you will retain no copies, including, without
limitation, electronic copies stored on computer discs or
drives.

DISCLAIMER OF WARRANTY
The software and services offered by us are provided on an
"as is" and "as available" basis without warranties of any
kind, express, implied or statutory, including but not
limited to, the implied warranties of title, noninfringement
merchantability and fitness for a particular purpose. We do
not warrant that the Software will be- uninterrupted,
timely, reliable, secure or error-free and expressly
disclaim any warranties as to the materials contained
therein, the servers used or the goods or services offered
by us.

EXCLUSION OF CERTAIN DAMAGES
In no event will we be liable to you for any damages,
including any lost profits, lost savings, or other
incidental or consequential damages arising from the use or
the inability to use the Software (even if we or an
authorized dealer or distributor has been advised of the
possibility of these damages), or for any claim by any other
party.

TERM AND TERMINATION
This Agreement takes effect upon your acceptance of the
terms of this Agreement and remains effective until
terminated by either party in accordance with this
Agreement. You may terminate this Agreement at any time by
destroying all copies of the Software and Documentation in
your possession and giving us prompt notice of same. This
Agreement will automatically terminate if you fail to comply
with any term or condition of this Agreement. Upon
termination of this Agreement, you warrant and represent
that you will immediately destroy all copies of the Software
and Documentation or other materials provided to you
hereunder, if any, that are still in your possession and
provide us prompt written assurance of same.

CONFIDENTIALITY
Non Disclosure. You agree and acknowledge that the Software,
its algorithms, protocols or interfaces, and the
Documentation constitute proprietary and confidential
information that belong to us (the "Confidential
Information"). You also understand and agree that misuse
and/or unauthorized disclosure of our Confidential
Information could adversely affect our business.
Accordingly, you agree that at all times you will (a) use
and reproduce the Confidential Information only for the
purposes of this Agreement and only to the extent necessary
for such purpose; (b) restrict disclosure of the
Confidential Information to your employees, consultants or
independent contractors with a need to know and (c) not
disclose the Confidential Information to any third party
without our prior written approval. Notwithstanding the
foregoing, it shall not be a breach of this Agreement for
You to disclose Confidential Information if required to do
so under law or in a judicial or other governmental
investigation or proceeding, provided however, that You give
us prior notice of the disclosure sought and You seek all
reasonably available safeguards against widespread
dissemination prior to such disclosure.

Remedies. You acknowledge that any violation of this
paragraph will cause us immediate and irreparable harm and
that the damages which we will suffer may be difficult or
impossible to measure. Therefore, upon any actual or
impending violation of this paragraph, we shall be entitled
to the issuance of a restraining order, preliminary and
permanent injunction without bond, restraining or enjoining
such violation by you, your successors or assigns or any
entity or person acting in concert with you. Such remedy
shall be additional to and not in limitation of any other
remedy which may otherwise be available to us by law.

MODIFICATION
We reserve the rights to change any of the terms and
conditions contained in this Agreement.

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Copyright © 1997-2005 Gate Comm Software. All Rights Reserved.

 

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