SOFTWARE LICENSE AGREEMENT
This is a legal agreement between you, the end user, and the software company / developers of such titles referred to as Press Release Manager, and are licensed by companies to the original customer and any subsequent transferee of the product for use only on the terms set forth here. Please read this license agreement. Installing this software package indicates that you accept these terms. Additional, licensing agreements can be found on the individual software titles. *

GRANT OF LICENSE.
Companies grants to you the right to use one copy of the enclosed/downloaded SOFTWARE on a single computer (i.e. single CPU) not serving as a network server, OR if the enclosed SOFTWARE is designated a "Network Version", one copy of the SOFTWARE may be installed on a single computer serving as a network server and the SOFTWARE may be used concurrently on a single network by the number of users indicated on the system disk. In addition, Press Release Manager is NOT SPAM, or amass emailing tool and should never be utilized as such. As noted clearly at the point of purchase, although this software is capable of mass emailing, it is not intended to be a mass emailing tool and should not be used in such an arbitrary or undifferentiated manner. If you are going to email your Press Release, always make sure the recipient is receptive and appropriate to your content prior to mailing.

You fully understand and agree to abide by all applicable state and federal laws pertaining to the use and practice of email communication. Furthermore, the user agrees to assume the entire risk as to the manner in which they use the software and their promotion activities, the user assumes the entire cost of all necessary servicing, repair, or correction, loss of ISP accounts, web hosts, web sites, and/or email accounts. Any liability of the seller will be limited exclusively to product replacement or refund of purchase price. *

COPYRIGHT.
The SOFTWARE is owned by listed companies or its suppliers and is protected by United States copyright laws and international treaty provisions. You may either (a) make two copies of the SOFTWARE solely for backup or archival purposes provided that you reproduce all copyright and other proprietary notices that are on the original copy of the SOFTWARE provided to you, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE.

* OTHER RESTRICTIONS.
You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, disassemble, or create derivative works from the SOFTWARE.

* GOVERNMENT LICENSEE.
If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States Government, the following provisions apply: The Government acknowledges representation that the SOFTWARE and its documentation were developed at private expense and no part of them is in the public domain. The Government acknowledges representation that the SOFTWARE is "Restricted Computer Software" as that term is defined in Clause 52.227-19 of the Federal Acquisition Regulations (FAR) and is "Commercial Computer Software" as that term is defined in Subpart 227.471 of the Department of Defense Federal Acquisition Regulation Supplement. (DFARS). The Government agrees that: (i) if the SOFTWARE is supplied to the Department of Defense (DoD), the SOFTWARE is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the SOFTWARE and its documentation as that term is defined in Clause 252.227-7013 (c) (1) of the DFARS, and (ii) if the SOFTWARE is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the SOFTWARE and its documentation will be as defined in Clause 52.227-19 (c) (2) of the FAR.

RESTRICTED RIGHTS LEGEND.
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 at DFARS 252.227-7013.

LIMITED WARRANTY:
The software herein are provided "as is" without warranty of any kind, either expressed or implied. The user must assume the entire risk as to the quality and performance of the software. should the software prove defective, the user assumes the entire cost of all necessary servicing, repair, or correction. Any liability of the seller will be limited exclusively to product replacement or refund of purchase price.

Limitation of liability: In no event shall listed companies, or any of it's authorized dealers or suppliers, specifically Access Arts, Inc be liable to you or any other party for any damages whatsoever (including, without limitation, damages to computer, it's operating system or other installed software, for loss of time, business profits, loss of savings, business interruption, loss of business information, or other incidental or consequential damages) arising out of the use of or inability to use this software, even if listed companies has been advised of the possibility of such damages. Specifically with regards to the Press Release Manager software, due to the ever changing nature of the internet and recipient email addresses, or contact locations, the manufacturer, or it's resellers, does not guarantee any set number of database contacts availabilities.

The database sold with this product is a starter contact list, which may or may not be current due to reasons just discussed. Furthermore, usage of this product further acknowledges and accepts that submitted Press Releases does not mean acceptance and usage by the media representative or any other recipient, as such is per their own decision, and outside of our control. Price, function and usage of this Software is not dependent on software updates and such offerings by software developer and seller is not a requirement. Free access to FTP DB site, and/or any of it's resellers servers and information, also does not define product for sale. Manufacturer, and/or it's representatives, reserve the right to alter the conditions of it's access to the database upon it's own discretion without altering the conditions of sale since such is not based on " access", but on the submission function of the software upon purchase.

You fully understand and agree to abide by all applicable state and federal laws pertaining to the use and practice of email communication. Furthermore, the user agrees to assume the entire risk as to the manner in which they use the software and their promotion activities, the user assumes the entire cost of all necessary servicing, repair, or correction, loss of ISP accounts, web hosts, web sites, and/or email accounts. Any liability of the seller will be limited exclusively to product replacement or refund of purchase price.

DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE OR SOFTWARE PRODUCT PURCHASED FROM THIS WEB SITE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS". ACCESS ARTS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. ACCESS ARTS, INC. MAKES NO WARRANTY THAT

(i) THE SERVICE OR PRODUCTS WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACCESS ARTS, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED LIMITATION

I UNDERSTAND AND AGREE THAT ACCESS ARTS, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACCESS ARTS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

General: You acknowledge that you have read this agreement, understand it, and that by downloading, opening and/or using this software you agree to be bound by these terms and conditions. You further agree that this is the complete and exclusive statement of the agreement between you, the listed companies or it's resellers or representatives, specifically Access Arts, Inc., which supersedes any proposal or prior agreement.



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