END-USER LICENSE AGREEMENT FOR HIVEMAIL PRODUCTS.
HiveMail - Webmail Script for 1 Server.
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH YOUR ORDER.
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and HiveMail for the HiveMail product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("HIVEMAIL WEBMAIL SCRIPT"). By installing, copying, or otherwise using the HIVEMAIL WEBMAIL SCRIPT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and HiveMail (referred to as "Licensor"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the HIVEMAIL WEBMAIL SCRIPT.
USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
The HIVEMAIL WEBMAIL SCRIPT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The HIVEMAIL WEBMAIL SCRIPT is solely owned by Licensor and is licensed, not sold, under the terms of this EULA and Licensor reserves all rights not expressly granted to you.
1. GRANT OF LICENSE
The HIVEMAIL WEBMAIL SCRIPT is licensed as follows:
(a) Licensor grants you the right to use one (1) copy of the Software in order to provide free or paid webmail to others.
(b) This Software is licensed to operate on one (1) server.
(c) Backup Copies. You may also make copies of the HIVEMAIL WEBMAIL SCRIPT as may be necessary for backup and archival purposes. You may not modify or create derivative copies of the Software Product License.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Distribution. You may not distribute/sell copies/licenses of the HIVEMAIL WEBMAIL SCRIPT to third parties without written consent from Licensor.
(b) Rental. You may not rent, lease, or lend the HIVEMAIL WEBMAIL SCRIPT to third parties without written consent from Licensor.
(c) Maintenance of Copyright Notices. You are free to remove or alter the copyright notices by modifying the templates.
(d) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the HIVEMAIL WEBMAIL SCRIPT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(e) Any supplemental software code / language translations provided to you by Licensor shall be considered part of the HIVEMAIL WEBMAIL SCRIPT and subject to the terms and conditions of this EULA. Licensee grants Licensor the perpetual, royalty-free, non-exclusive right to implement such supplemental software code / language translations into future releases of HIVEMAIL WEBMAIL SCRIPT.
(f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the HIVEMAIL WEBMAIL SCRIPT.
Without prejudice to any other rights, Licensor may terminate this EULA if you fail to comply with the terms and conditions of this EULA and/or any terms set forth by Licensor. In such event, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License. In the event this EULA is terminated under this clause three (3), Licensor is under no obligation to refund you in whole or in part any fees paid to Licensor previously or in the future.
No discussion will be entertained by Licensor and/or its authorized agents in the event this EULA is terminated under this clause three (3).
4. COPYRIGHT & TRADEMARK
All title, including but not limited to copyrights, in and to the HIVEMAIL WEBMAIL SCRIPT and any copies thereof are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the HIVEMAIL WEBMAIL SCRIPT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Licensor.
5. NO WARRANTIES
Licensor expressly disclaims any warranty for the HIVEMAIL WEBMAIL SCRIPT. The HIVEMAIL WEBMAIL SCRIPT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the HIVEMAIL WEBMAIL SCRIPT. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. REFUND POLICY
Please take time and evaluate the software using the online Demo and Free Versions. Before purchase, make sure that your server supports the software requirements. Refunds will not be given for reasons surrounding incompatibility with your server hardware / software or the user's lack of knowledge of the software's functionality, limitations, or restrictions, as Licensor provided every opportunity to evaluate the software prior to purchase. If you have a question, please ask HIVEMAIL staff before making your purchase. Refunds are not given for installation fees or other non-product labor costs.
Please contact HIVEMAIL staff if you think you deserve a refund. Refunds are NEVER granted if a customer issues a CC chargeback.
Licensor disputes every chargeback as chargebacks are a very bad practice and Licensor does not accept this measure from any customer.
7. LIMITATION OF LIABILITY
In no event shall Licensor be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the HIVEMAIL WEBMAIL SCRIPT, even if Licensor has been advised of the possibility of such damages. In no event will Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Licensor shall have no liability with respect to the content of the HIVEMAIL WEBMAIL SCRIPT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
8. GOVERNING LAW; ENTIRE AGREEMENT
This EULA is governed by United States Law, excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product.
Licensor reserves the right to edit, revise, modify, change or discontinue the use of the EULA at anytime and without notice.
The online version of this document is found at http://www.hivemail.com/eula.php and shall be the governing version of the license agreement in the case of any discrepancies between this document and the online version.
Last Revised: April 16, 2013 (Updated: Refund Policy)