MailBurstTM: Trial License
Dantowitz Consulting & Research, Inc.
TRIAL SOFTWARE LICENSE
This will confirm the terms under which Dantowitz Consulting & Research,
Inc. ("Licensor") will allow you ("Licensee"), the
recipient of a copy of the MailBurst(tm) computer program (the "Program")
and related documentation (the "Documentation" which, together
with the Program, is referred to as the "Software") the non-exclusive
right to use the Software for a trial period ending one month from the date
Licensee downloads the Software.
Licensee agrees that the Software will be used only to evaluate the Software,
and not for any other purpose. There shall be no fee for this Trial License.
The Software, which is protected under copyright, is the sole property of
Licensor and is considered to be Licensor's trade secret. Licensee agrees
not to sell, transfer, publish, disclose, display, distribute on-line or
otherwise make the Software available to others. Licensee may not make
copies of the Software, except for one back up of the Program copy for archival
purposes only. Any copy of the Program Licensee makes must include all
identifying marks, copyrights and property rights notices in the same manner
as the Program is supplied to Licensee. The Program supplied to Licensee
shall be in object code form only, and Licensee shall not modify, translate,
decompile or create or attempt to create, by reverse engineering or otherwise,
the source code from the object code supplied to Licensee.
Licensor does not warrant that the Software will meet Licensee's requirements
or that its use will be uninterrupted or error-free. THE SOFTWARE LICENSED
HEREIN IS LICENSED "AS IS" AND LICENSOR MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to quality and
performance of the Software is with Licensee.
LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
TRIAL LICENSE OR OTHERWISE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER
DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Trial License may be terminated by Licensor upon five (5) days notice
to Licensee if Licensee breaches any of the terms in this agreement. Upon
termination, for any reason whatsoever, or expiration of this Trial License,
Licensee shall immediately return to Licensor or destroy all copies of the
Software. Upon request of Licensor, Licensee agrees to certify in writing
that all copies of the Software have been destroyed or returned to Licensor.
This agreement constitutes the entire agreement between Licensee and Licensor
regarding the Software, and supersedes and merges all prior proposals, understandings
or agreements between the parties relating to the Software. This Trial
License may not be amended except in a writing signed by Licensee and Licensor,
may not be assigned by Licensee and shall be governed by the laws of the
State of New Jersey, USA.
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