License Agreement SOFTWARE PRODUCT: Message Processing Platform Copyright since 2003 (C) RAE Internet, Inc. aka Message Partners - All Rights Reserved
IMPORTANT. READ CAREFULLY: This RAE INTERNET SOFTWARE LICENSE AGREEMENT (hereinafter referred to as "SLA") is a legal agreement between you (either an individual or a single entity) and RAE INTERNET aka Message Partners (hereinafter referred to as "MP") for the Message Processing Platform (hereinafter referred to as "SOFTWARE PRODUCT" identified above, which includes computer software and associated media and printed materials (if any), and may include online or electronic documentation.
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this SLA. If you do not agree with the present SLA, you are not authorized to install, to copy or to otherwise use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is not free software.The license granted by this SLA commense on the date that you install the SOFTWARE PRODUCT. The license shall be perpetual, except if otherwise expressly provided within the license type you acquire.
The SOFTWARE PRODUCT is licensed, not sold. The acceptance of any purchase order placed by you is expressly made conditioned on your assent to the terms set forth herein, and not those set by you within the purchase order. All rights of any kind, which are not expressly granted by the this SLA, are entirely and exclusively reserved to and by MP.
1. Grant of License
a. Message Partners MESSAGE PROCESSING PLATFORM - Standard License
Except as set forth below, this license grants you the non-exclusive and non-transferable right to install and use the copy of the SOFTWARE PRODUCT for electronic mail only, for the purpose of protecting as many users and servers as expressly set by the purchase document. Any new mailbox and/or domain, exceeding the number allowed by the present SLA, and the purchase document, may be protected or other way be served by the SOFTWARE PRODUCT only after payment of the appropriate license fee.
Within the present SLA, "users," is understood as the number of active users using the mail system. Email aliases, distribution lists and other virtual addresses do account as users.
The MP PRODUCT utilizes content that is updated from time to time. This are referred to as "program updates". The standard license includes one year of program updates. MP has the right to discontinue creating, releasing and providing program updates for or related to the SOFTWARE PRODUCT version acquired by you. In such case, during the first year of SLA or during the LicRen year, as defined hereinafter, you may obtain without any charge the newly released version (to replace the one aquired previously by you), as well as free content updates related to the newly released version of the SOFTWARE PRODUCT. This upgrade to new version will not extend the content update period of one year.
These represent the general rules of granting program updates under the present SLA.
a. MP MPP - Evaluation license and registration
The SOFTWARE PRODUCT is not free software. This license grants you the non-exclusive and non-transferable right to install and use the copy of the SOFTWARE PRODUCT on one computer only, for evaluation purposes, the SOFTWARE PRODUCT without charge for a period of 30 (thirty) days. You are also bound to the obligations provided by Article 1 point a) above.
Unregistered and unauthorized use of the software after the 30 day evaluation period represents a violation of RAE's copyright as well as a violation of USA and international copyright laws.
During the evaluation period you are hereby licensed, without charge: (i) to use for evaluation purposes only the Evaluation Version of the SOFTWARE PRODUCT; it is expressly excluded and forbidden any other type of use, including but not limited to, administrative, commercial or productive support for your and/or third party's business activities; (ii) to give exact copies of this evaluation version of the software personally to anyone, except for the purpose of extending their 30 day evaluation period; (iii) to distribute exact copies of this evaluation version of the software, if done exclusively through electronic channels.
There is no charge for any of the above. You are specifically prohibited from charging, requesting donations or otherwise asking or receiving economical benefits for any such copies, however made, and from distributing the software and/or documentation with other products (commercial or otherwise) without prior MP's written permission.
Upon expiration of the evaluation period you are obliged to uninstall and destroy all SOFTWARE PRODUCT's copies. It is strictly forbidden to partially or totally, temporary or definitively, reproduce or retain SOFTWARE PRODUCT's copies, as well as to use for any purposes, to distribute or to conduct any other activity concerning SOFTWARE PRODUCT's copies upon expiration of the evaluation period. Failure to comply with obligation herein provided represents a violation of copyrights and copyright laws and shall be subject of civil, administrative and/or criminal consequences, procedures and/or punishments. It is strictly forbidden to install a new trial license after the 30 day evaluation period has expired.
b. MP MPP - License Renewal - LicRen
After the expiration of the first year of product update benefits as provided by the standard license within Article 1 a), you may obtain product updates and support by purchasing a License Renewal (LicRen) for successive and consecutive periods of one year each. During the LicRen, the general rules which are provided by Article 1 a) shall apply.
2. General rights and limitations
a) Storage You may also store a copy of the SOFTWARE PRODUCT for back-up purposes.
b) Derivative works MP reserves all rights not expressly granted by the present SLA including, without limitation, modification rights, translation rights, rights to source code etc. In case you want to have the right to make any kind of derivative works from the SOFTWARE PRODUCT, you must obtain RAE's express, prior and written approval in this respect.
c) Reverse Engineering You may not modify, translate, reverse engineer or recompile the SOFTWARE PRODUCT, or any portion thereof.
d) Transfer You may not sell or transfer the SOFTWARE PRODUCT.
e) Proprietary Notices You may not remove, add or modify any proprietary notices, labels or marks on the Software or Documentation.
f) Use of MP's name Use of MP's name(s), logo(s), or trademark(s) in your advertising or marketing materials requires written permission for MP. This right may be revoked by MP at any time at the sole discression of MP.
You hereby undertake yourself not to use any name or trademark confusingly similar to an MP or to a MP licensed third party's trademark, trade name and/or product name. You hereby undertake yourself not to interfere with or diminish MP right, title and/or interest in MP or licensed third party's trademark(s), trade name(s) or Product name(s).
g) Engine Usage You may only use the engines specified in your purchase agreement with the exception of ClamAV and SpamAssassin which may be used with all licenses.
i. Use of the F-PROT AntiVirus engine requires an F-PROT for MailServers license for the number of users which you are protecting.
ii. The Cloudmark Authority Engine may only be used with the MPP Standard Edition AS, MPP Enterprise Edition or MPP Service Provider Edition Cloudmark bundles. The Cloudmark Authority engine is used by permission of Cloudmark Inc. and is copyright protected by Cloudmark Inc. MP reserves the right to offer the Cloudmark Authority engine in other SOFTWARE PRODUCT bundles if explicitly stated in the purchase agreement. The bundles known as MPP Enterprise Edition and MPP Standard Edition AS include integrated Cloudmark Authority support.
iii. Use of the SAVI (Sophos AntiVirus) engine requires a license for the number of users which will be protected. MP has the right to distribute the SAVI libraries from Sophos PLC with certain SOFTWARE PRODUCT bundles. The bundle known as MPP Standard Edition Sophos includes the relevant SAVI license. Use of Sophos with any other MPP bundle requires a separate SAVI license which may be purchased from MP, Sophos or their authorized partners. MP reserves the right to offer integrated SAVI support in other software bundles if expressly stated in the purchase agreement.
h) MySQL Client Libraries The SOFTWARE PRODUCT may optionally use the MySQL client libraries. If the end-user makes use of the feature called SQL Quarantine, and has selected MySQL as the SQL type, the end-user is required to purchase a MySQL commercial license from MySQL.
The license will automatically terminate if you fail to comply with the obligation and limitations herein described. On termination you must destroy all copies of the Software and Documentation and all its component parts. There shall be no refund or adjustment for amounts paid if any provision of this SLA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this SLA shall remain infull force and effect.
This SLA will be governed by the USA law.
Neither this SLA, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or as granting a franchise.
You shall, at your own expense, promptly obtain and arrange for the maintenance of all mandatory government approvals, if any, and comply with all applicable local laws and regulations as may be necessary for your performance under this SLA.
Annex 1. The Apache Software License - Xerces /*
* The Apache Software License, Version 1.1 * * * Copyright (c) 1999 The Apache Software Foundation. All rights * reserved. * * Redistribution and use in source and binary forms, with or without * modification, are permitted provided that the following conditions * are met: * * 1. Redistributions of source code must retain the above copyright * notice, this list of conditions and the following disclaimer. * * 2. Redistributions in binary form must reproduce the above copyright * notice, this list of conditions and the following disclaimer in * the documentation and/or other materials provided with the * distribution. * * 3. The end-user documentation included with the redistribution, * if any, must include the following acknowledgment: * "This product includes software developed by the * Apache Software Foundation (http://www.apache.org/)." * Alternately, this acknowledgment may appear in the software itself, * if and wherever such third-party acknowledgments normally appear. * * 4. The names "Xerces" and "Apache Software Foundation" must * not be used to endorse or promote products derived from this * software without prior written permission. For written * permission, please contact firstname.lastname@example.org. * * 5. Products derived from this software may not be called "Apache", * nor may "Apache" appear in their name, without prior written * permission of the Apache Software Foundation. * * THIS SOFTWARE IS PROVIDED ``AS IS AND ANY EXPRESSED OR IMPLIED * WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES * OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE * DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT * LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF * USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND * ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, * OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT * OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF * SUCH DAMAGE. * ==================================================================== * * This software consists of voluntary contributions made by many * individuals on behalf of the Apache Software Foundation and was * originally based on software copyright (c) 1999, International * Business Machines, Inc., http://www.ibm.com. For more * information on the Apache Software Foundation, please see * <http://www.apache.org/>. */
MIME++ dynamic libraries - Copyright HunnySoft Software Inc. 2003 Xerces-c dynamic libraries - Copyright (c) 1999 The Apache Software Foundation. All rights reserved. Cloudmark Authority Engine - Copyright Cloudmark, Inc. Sophos SAVI - Copyright Sophos