TERMS OF USE
IMPORTANT-READ CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual
or a single entity) and SafeAddress.com, Inc. ("SafeAddress.com") for the software application(s) identified
above, which includes any user guides, any associated software components, any media, any printed
materials other than the user guides, and any "online" or electronic documentation ("Software").
By using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the
terms of this EULA, do not use the Software.
The Software is licensed to you, not sold, and only licensed to you and not any third party. This
agreement shall remain in effect for the period described in the purchase order between You and SafeAddress.com
of even date hereof ("Initial Term"). Upon expiration of the initial term, SafeAddress.com may, at SafeAddress.com's option
exercised in its sole discretion, provide you with written notice, extending to You an option to renew this
Agreement (and any amendments or modifications made by SafeAddress.com) for an additional 12-month period
("Renewal Term", and together with the Initial Term, the "Term"), which You may accept or reject in
writing. Alternatively, You may request a new license. SafeAddress.com reserves the right to deny any such
request, in its sole discretion.
The Software may not be used for sending bulk email ("spamming"). Such use expressly violates the
terms of this agreement and is grounds for immediate termination without refund. To ensure that the Software is not
used for spamming, SafeAddress.com may limit you to a maximum number of email transmissions ("Transmissions").
SafeAddress.com may modify the Transmissions Limit from time to time at its sole discretion.
GRANT OF LICENSE
This EULA represents the entire agreement concerning the Software between you and SafeAddress.com, Inc., and
it supersedes any prior proposal, representation, or understanding between the parties.
You are hereby granted a non-exclusive, non-transferable license for Term to use the Software,
including any documentation files accompanying the Software ("Documentation"), subject to the terms
and conditions set forth herein. Except as set forth herein, you do not obtain any right, title and/or
interest to or in any proprietary, confidential or other rights of the Software or any derivative works
derived thereon. SafeAddress.com, Inc., owns the Software, Documentation, and all rights, title and interest
therein and any derivative works, improvements, modifications, enhancements or other alterations made
thereto. This Software is protected by copyright, patent, trademark, trade secret, export and/or other
intellectual property laws, both foreign and domestic.
You may utilize the Software solely on a single unified resource locator address ("URLs"). However,
in the event more than one license has been acquired by you, multiple URLs are permitted up to the
number of licenses granted to you.
RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the Software, except and
only to the extent that, notwithstanding this limitation, such activity is expressly permitted
under applicable law. You may not rent, lease, or lend the username and/or passwords assigned
to you to any third party. You may permanently transfer all of your rights under this EULA upon
the prior written consent of SafeAddress.com, provided the recipient of all such rights expressly agrees
in writing to the terms of this EULA. You may not use the Software or Documentation to perform any
unauthorized transfer of information (e.g. transfer of files in violation of a copyright), or reproduce
for commercial purposes or sale, any of the work product derived from the Software, including without
limitation, graphical representations or photographic images, nor may you use the Software for any
illegal purpose.
INDEMNIFICATION. You agree to indemnify and hold SafeAddress.com harmless for any claims, damages, proceedings,
losses, costs and/or expenses (including attorneys fees and expenses) arising in connection with your
breach of this agreement or any act or omission on your part in using the Software. SafeAddress.com shall not
be required to indemnify or hold you or any third party harmless in connection with this Agreement or
the Software.
TERMINATION. Without prejudice to any other rights, SafeAddress.com may terminate this EULA if you fail to comply
with the terms and conditions of this EULA. In such event, you must cease from all further use of the Software.
COPYRIGHT. The Software is protected by United States copyright law and international treaty provisions,
patents and trademarks. You acknowledge that no title to the intellectual property in the Software or
Documentation is transferred to you. You further acknowledge that title and full ownership rights to
the Software and Documentation will remain the exclusive property of SafeAddress.com and you will not acquire
any rights to the Software except as expressly set forth in this license. You are not permitted to
disseminate any Documentation or other information that is made available to you, as a licensee, by
SafeAddress.com, including without limitation, any usernames and/or passwords.
EXPORT RESTRICTIONS. You agree that you will not export or re-export the Software to any country, person,
entity, or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are
not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent
that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked
or denied your export privileges.
NO WARRANTIES. SafeAddress.com EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED
DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL SafeAddress.com OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE
SOFTWARE OR DOCUMENTATION, EVEN IF SafeAddress.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT,
SafeAddress.com'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED
THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure
by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical
Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
MISCELLANEOUS. If you acquired the Software in the United States, this EULA is governed by the laws of the state
of New York, without regard to its conflict of laws.
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