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The Emailchemy End User License Agreement is below, and it can also be found in the application in the Help menu.
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (“AGREEMENT”), FOR THE LICENSE OF SPECIFIED SOFTWARE (“SOFTWARE”) PRODUCED BY WEIRD KID SOFTWARE LLC. (“WEIRD KID”). BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU (THE “USER”, “END USER”, OR “LICENSEE”, EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE. (IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.)
1. License Grant. Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, Weird Kid hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software and the accompanying documentation (the “Documentation”). You may install and use the Software on one or more computers owned by you (each, a “Client Device”). If the Software is licensed as a suite or bundle with more than one specified Software products, this license applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such Software products individually.
a. Use. The Software is licensed as a single product; it may not be used on more than one Client Device at a time or by more than one user, except as set forth in this Section 1. The Software is “in use” on a computer when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device.
b. Server-Mode Use. Unless specifically granted by Weird Kid, the Software is not licensed for server-mode use.
c. Volume Use. If the Software is licensed with volume license terms specified in the applicable product invoicing or packaging for the Software, you may make, use and install as many additional copies of the Software on the number of Client Devices as the volume license terms specify. You must have a reasonable mechanism in place to ensure that the number of Client Devices on which the Software has been installed does not exceed the number of licenses you have obtained. You must have a reasonable mechanism in place to ensure that the Software is only installed on Client Devices recognized by the terms of the licenses you have obtained.
d. License Dongle. Certain licenses are required to be installed on a single USB flash drive to create a License Dongle (the “dongle”). This dongle may be shared within the purchasing organization for non-simulataneous use. The dongle may not be copied, cloned, or virtualized. Bypassing the usage restrictions of the dongle is a violation of the license terms.
e. Personal Edition and Individual License (formerly “Single User License”) Terms. The Software is licensed to a single user (the purchaser of the license also known as the “licensee” and a human individual) for use with the licensee’s email only. The licensee may not lend or extend this license to other individuals through the act of using the Software for the benefit of any other individual or entity. The licensee may not lend or extend this license to other individuals through the act of using the Software for profit. The licensee is entitled to all Emailchemy maintenance Updates for the duration of the Term. The licensee is entitled to all Emailchemy major and minor updates for the period of one (1) year from the date of purchase.
f. Household License Terms. The Personal Edition is extended to include all legally recognized family members living in the same household as the licensee.
g. Forensic Edition – Technician License Terms. The Forensic Edition – Technician License requires the use of a License Dongle (section 1-d). The Forensic Edition may not be used for email migration. The licensee may use the Software only for preparing email data for analysis. The licensee is entitled to all Emailchemy major and minor updates for the period of one (1) year from the date of purchase.
g-1. Forensic Edition – Technician (non-dongle) License Terms. The Software is licensed to a single user (the named “licensee” or an employee of the named licensee). If multiple users (investigators, technicians, agents, etc.) require the use of the Software, each user requires a separate license. Licenses of the Software may not be shared or pooled.
h. Technician License Terms. The Technician License grants to the licensee, a single human individual user, the right to use the Software on computers and for email not owned by the licensee for the duration of the license term. The term of the Technician License is one (1) year from the date of purchase. The licensee is limited to using the Software for the email of two (2) persons per site, where site is defined as a single physical structure. Beyond this two (2) person limit, the site, and persons at the site, must obtain appropriate licensing of the Software. The licensee may not sublicense, lease, sell, or otherwise transfer the Software or any of the accompanying documentation to any other person or entity. The licensee is responsible for removing the Software from computers at each site upon completion of usage. This license explicitly prohibits service bureau and remote ASP (“application service provider”) use.
i. Migration Edition License Terms. The Migration Edition License grants usage of the Software for and by users legally employed with or for the licensee. The Migration Edition License is limited to converting the number of email accounts specified at time of purchase. The licensee is entitled to all Emailchemy major and minor updates for the period of one (1) year from the date of purchase. The licensee must have a reasonable mechanism in place to ensure that the number of email accounts processed by the Software does not exceed the number of email accounts specified at time of purchase.
j. Service Provider License Terms. The Service Provider License grants usage of the Software by employees of the licensee for the purpose of providing computer services to a 3rd party, where the 3rd party is a single human individual. This license may not be used for providing migration services to organizations or groups of computer users; organizations and groups of computer users must purchase the appropriate Site Migration Edition license. You may not specifically advertise, offer, provide, or collect fees for email conversion or email migration services that make use of the Software, outside of general or value-added data recovery, computer repair, or data analysis services. You may not advertise or announce your use of the Software unless given express written permission by Weird Kid.
k. Service Bureau Technician License Terms. The Service Bureau Technician License requires the use of a License Dongle (section 1-d).The Service Bureau Technician License is for the purposes of providing technical support to employees of the licensed organization. The licensee is entitled to all Emailchemy major and minor updates for the period of one (1) year from the date of purchase.
l. Service Bureau Site License Terms. The Service Bureau Site License (or “Site License”) is licensed to an internal technical service bureau (e.g. technical support, helpdesk, end user support) within a single organization for the purposes of providing technical support to employees of the licensed organization. The Software may not be used by individuals outside the internal technical service bureau. The licensee is entitled to all Emailchemy major and minor updates for the period of one (1) year from the date of purchase.
2. Term. Unless otherwise specified in Section 1, this Agreement is effective indefinitely unless you or Weird Kid terminates the Agreement earlier, in accordance with the terms set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. When this agreement terminates, you must destroy all copies of the Software and the Documentation. You may terminate this Agreement at any point by destroying all copies of the Software and the Documentation.
3. Updates. During the term of this Agreement, you may download revisions, upgrades, or updates (“Updates”) to the Software when and as Weird Kid publishes them via its electronic bulletin board system, website or through other online services. Weird Kid reserves the right to determine if your version of the Software is eligible for an Update for the duration of the Term. Updates are released with version numbers following this format: [major].[minor].[maintenance]
4. Ownership Rights. The Software is protected by United States of America copyright laws and international treaty provisions. Weird Kid and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. You acknowledge that your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and that you will not acquire any rights to the Software except as expressly set forth in this Agreement. You agree that any copies of the Software and Documentation will contain the same proprietary notices which appear on and in the Software and Documentation.
5. Restrictions. You may not rent, lease, loan or resell the Software. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement, except to the extent such use is specified in the applicable price list, purchase order, or product packaging for the Software. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Section 1 above. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by Weird Kid. Weird Kid reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this Agreement.
6. Warranty and Disclaimer
a. Limited Warranty. Weird Kid warrants that for thirty (30) days from the date of original purchase the media (for example diskettes) on which the Software is contained will be free from defects in materials and workmanship.
b. Customer Remedies. Weird Kid’s and its suppliers’ entire liability and your exclusive remedy shall be, at Weird Kid’s option, either (i) return of the purchase price paid for the license, if any, or (ii) replacement of the defective media in which the Software is contained with a copy on nondefective media. You must return the defective media to Weird Kid at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period. Outside the United States, this remedy is not available to the extent Weird Kid is subject to restrictions under United States export control laws and regulations.
c. Warranty Disclaimer. To the maximum extent permitted by applicable law, and except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, WEIRD KID MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEIRD KID DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL WEIRD KID OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL WEIRD KID BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE WEIRD KID CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF WEIRD KID SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
8. United States Government. The Software and accompanying Documentation are deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
9. Export Controls. Neither the Software nor the Documentation and underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of ) Cuba, Iran, Iraq, Libya, North Korean, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nations or the United States Commerce Department’s Table of Denial Orders. By downloading or using the Software you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list.
IN ADDITION, YOU SHOULD BE AWARE OF THE FOLLOWING. EXPORT OF THE SOFTWARE MAY BE SUBJECT TO COMPLIANCE WITH THE RULES AND REGULATIONS PROMULGATED FROM TIME TO TIME BY THE BUREAU OF EXPORT ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE, WHICH RESTRICT THE EXPORT AND RE-EXPORT OF CERTAIN PRODUCTS AND TECHNICAL DATA. IF THE EXPORT OF THE SOFTWARE IS CONTROLLED UNDER SUCH RULES AND REGULATIONS, THEN THE SOFTWARE SHALL NOT BE EXPORTED OR RE-EXPORTED, DIRECTLY OR INDIRECTLY, (A) WITHOUT ALL EXPORT OR RE-EXPORT LICENSES AND UNITED STATES OR OTHER GOVERNMENTAL APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR (B) IN VIOLATION OF ANY APPLICABLE PROHIBITION AGAINST THE EXPORT OR RE-EXPORT OF ANY PART OF THE SOFTWARE. SOME COUNTRIES HAVE RESTRICTIONS ON THE USE OF ENCRYPTION WITHIN THEIR BORDERS, OR THE IMPORT OR EXPORT OF ENCRYPTION EVEN IF FOR ONLY TEMPORARY PERSONAL OR BUSINESS USE. YOU ACKNOWLEDGE THAT THE IMPLEMENTATION AND ENFORCEMENT OF THESE LAWS IS NOT ALWAYS CONSISTENT AS TO SPECIFIC COUNTRIES. ALTHOUGH THE FOLLOWING COUNTRIES ARE NOT AN EXHAUSTIVE LIST THERE MAY EXIST RESTRICTIONS ON THE EXPORTATION TO, OR IMPORTATION OF, ENCRYPTION BY: BELGIUM, CHINA (INCLUDING HONG KONG), FRANCE, INDIA, INDONESIA, ISRAEL, RUSSIA, SAUDI ARABIA, SINGAPORE, AND SOUTH KOREA. YOU ACKNOWLEDGE IT IS YOUR ULTIMATE RESPONSIBILITY TO COMPLY WITH ALL ANY AND ALL GOVERNMENT EXPORT AND OTHER APPLICABLE LAWS AND THAT WEIRD KID HAS NO FURTHER RESPONSIBILITY AFTER THE INITIAL SALE TO YOU WITHIN THE ORIGINAL COUNTRY OF SALE.
10. High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, “High Risk Activities”). Weird Kid expressly disclaims any express or implied warranty of fitness for High Risk Activities.
11. Miscellaneous. This Agreement is governed by the laws of the United States of America and the State of Michigan, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This agreement supersedes any other communications with respect to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of Weird Kid. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Weird Kid or a duly authorized representative of Weird Kid. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only. Weird Kid may identify you as a customer of Weird Kid and describe in a mutually agreeable Customer Case Study the services and solutions delivered by Weird Kid to you. Weird Kid may also issue one or more mutually agreeable press releases containing an announcement of the execution and delivery of this Agreement and/or the implementation of the Products by you. No such document or release shall include any information considered Confidential by you. Your approval to any such document or release shall not be unreasonably withheld and shall be deemed given unless you indicate otherwise in writing within ten (10) days of delivery of the proposed document or release.
12. WEIRD KID CUSTOMER CONTACT. If you have any questions concerning these terms and conditions, or if you would like to contact Weird Kid for any other reason, please write: Weird Kid Software LLC, PO Box 81603, Rochester, MI, 48308. http://www.weirdkid.com