This copy of Canary Mail ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Mailr Tech LLP ("MTL") has created the Software Product, and owns the intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE DOWNLOADING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD, INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you a personal, non-exclusive, non-transferable, non-sub licensable, limited and revocable license to install and use one copy of the Software Product and any future updates thereof. This Agreement does not permit the installation or use of multiple copies of the Software Product.
The license is effective until terminated by you or MTL, with or without written notice. Your rights under the Agreement will terminate automatically without notice from MTL if you fail to comply with any Term or Terms of the Agreement. Upon termination of the license, you shall cease all use of the Software Product and destroy all copies, full or partial, of the Software Product.
Incorporation of Related Terms
These Terms incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Agreement therein (“Apple Terms”).
Restrictions on Transfer
Without first obtaining the express written consent of MTL, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
Any use of the Software Product in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification or distribution of the Software Product or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Software Product (“Content”) is prohibited.
MTL retains the right, at its sole discretion, to implement limits to the nature or size of storage available to you.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.
The terms of this license will govern any upgrades provided by MTL that replace and/or supplement the original Software Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data
You agree that MTL may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Software Product. MTL may use this information to improve its products or to provide services or technologies to you.
Third Party Software And Services
MTL may from time to time engage certain affiliates or other third parties to provide all or part of the Software Product to you, and you hereby acknowledge and agree that such third party involvement is acceptable.
MTL may from time to time include as part of the Software Product computer software supplied by third parties, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. MTL expressly disclaims any warranty or other assurance to you regarding such third party software. You agree that MTL service providers, licensors, or others involved in creating or providing the Software Product are third party beneficiaries and may rely upon the provisions of this Agreement.
The Agreement is effective until terminated by you or MTL. Your rights under this Agreement will terminate automatically without notice from MTL if you fail to comply with any term(s) of this license. Upon termination of the Agreement, you shall cease all use of the Software Product and destroy all copies, full or partial, of the Software Product.
For purposes of this Agreement, "Confidential Information" shall mean any and all non-public information MTL has disclosed or may disclose to you, including but not limited to information related to: software development and design, business or software architecture, software not yet known to the public, clients or prospective clients, internal communications, events, or meetings, or any other research, development, operations, marketing, transactions, regulatory affairs, discoveries, inventions, methods, processes, articles, materials, algorithms, formulas, specifications, designs, drawings, data, strategies, plans, prospects, know-how and ideas, whether tangible or intangible, and including all copies, analyses and other derivatives thereof.
You agree (i) not to disclose any Confidential Information or any information derived therefrom to any third person, (ii) to keep the MTL’s Confidential Information confidential and take all the reasonable precautions to protect the confidentiality of such Confidential Information with the same degree of care with which it protects the confidentiality of its own confidential information, but in no event with less than a reasonable degree of care, and (iii) not to use any Confidential Information for any purpose whatsoever except to advance the legitimate business interests of MTL under written or oral instruction of the MTL’s authorized officers.
All right, title, and interest in and to the Confidential Information shall remain with MTL or its licensors. Nothing in this Agreement is intended to grant any rights to you under any patents, copyrights, trademarks, or trade secrets of MTL.
MTL shall not be held responsible for unforeseeable circumstances that prevent it from fulfilling the conditions of this agreement. This shall include war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, any change in laws, court decree, and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations under this agreement.
MTL may change all or part of this agreement by posting changed terms on our website. Your continued use of the software product following the posting of the changed terms will signify your acceptance of the changed terms.
Disclaimer of Warranties and Limitation of Liability
MTL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MTL makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. MTL makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. MTL WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE MISCOMMUNICATION OR LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE OR INFORMATION STORED ON THE INTERNET.
UNDER NO CIRCUMSTANCES SHALL MTL, ITS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF MTL OR ANY OTHER PARTY, EVEN IF MTL IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS MTL'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of MTL. MTL reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If MTL is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be limited to a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. In no event shall MTL’s total liability to you for all damages exceed the amount of five dollars ($ 5.00) or the purchase price of the Software Product, whichever is lower. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by MTL to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold MTL harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.