|
EASYMAIL WEBACCESS SOURCE CODE LICENSING AGREEMENT 1. GRANT OF LICENSE. Quiksoft Corporation ("QUIKSOFT") grants to you (the person or entity acquiring this license) ("LICENSEE") a non exclusive license to use the EasyMail WebAccess ASP source code ("CODE"). Any machine code produced by compilation or interpretation of the CODE or any derivations of it may be distributed and used on one (1) server. Distribution of the CODE or any derivations of it is strictly prohibited. 2. COPYRIGHT. The CODE is owned by QUIKSOFT and is protected by United States copyright laws and international treaty provisions. The any execution of the CODE, or derivations of it, must produce the Quiksoft copyright notice in a prominent position. 3. OTHER RESTRICTIONS. The LICENSEE may not rent or lease the CODE, but may transfer the CODE, and accompanying written material on a permanent basis provided the LICENSEE retains no copies of the code or any compilations of the CODE and the recipient agrees to the terms of this agreement. 4. PROPRIETARY RIGHTS. All copyright, patent, trade secret, trademarks and other intellectual and proprietary rights in the CODE are and shall remain the valuable property of QUIKSOFT, or the Author of the CODE. The LICENSEE agrees to take all necessary steps to ensure that the provisions of this agreement are not violated by the LICENSEE or by any person under the LICENSEE's control or in the LICENSEE's service. 5. CONFIDENTIALITY. The LICENSEE agrees to maintain in confidence the CODE, and agrees not to disclose the CODE to anyone other that employees or contractors who have a need to know or obtain access to such information in order to support the LICENSEE's authorized use of the CODE, and are bound to protect such information against any other use or disclosure. 6. NO WARRANTY. This CODE is licensed "AS IS" and the LICENSEE assumes the entire risk as to its quality and performance. QUIKSOFT does not warrant the performance of the CODE nor does it claim that the CODE is suitable for any application. By nature this agreement empowers the LICENSEE to modify the CODE to suit their needs. 7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL QUIKSOFT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS OR DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CODE OR DOCUMENTATION EVEN IF QUIKSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUIKSOFT SHALL HAVE NO LIABILITY FOR ANY DATA READ, ACCESSED, STORED OR PROCESSED WITH THE CODE, INCLUDING THE COSTS OF RECOVERING SUCH DATA. IN NO CASE SHALL QUIKSOFT'S LIABILITY EXCEED THE FEES PAID BY YOU FOR THE CODE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 8. GENERAL (a) If any provision of this agreement is found to be invalid by any court of competent jurisdiction, the balance of this agreement shall remain in full force and effect. (b) This agreement shall be governed by the laws of the State of Pennsylvania. Both the LICENSEE and QUIKSOFT consent to jurisdiction of the state and federal courts sitting in Delaware County, Pennsylvania, in connection with any suit or action brought regarding the CODE or this agreement. (c) This agreement is the complete and exclusive statement of the agreement by the LICENSEE and QUIKSOFT, It supersedes all prior communications between the parties relating to the subject matter of this agreement, whether written or oral. This agreement also supersedes the terms and conditions of any purchase order submitted regarding the CODE. No QUIKSOFT dealer, agent or employee is authorized to make any modifications or additions to this agreement and warranty. |