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EMAILTALK.ORG LICENSE AGREEMENT

EMAILTALK.ORG, Inc. grants non-exclusive, non-perpetual license to the Emailtalk.org service ("Software") to the User ("Licensee") , upon the condition that Licensee accept all of the Terms and Conditions of this License Agreement. Please read the Terms and Conditions of this Agreement before you press the "Accept and Activate" button at the top of this page. If you do not agree to the Terms and Conditions of this page please press the "Do Not Accept" button at the top of this page and the activation process will not proceed.



Terms and Conditions
  1. Use. Upon acceptance of this Agreement, Licensee has a nonexclusive, nontransferable and non-perpetual license to use the Software. Licensee may use the Software solely in accordance with the Documentation or any other use restrictions contained herein. Licensee may only use the software in accordance with the Acceptable Use Policy posted on the Emailtalk.org.com website, which Licensor may revise from time to time.
  2. Term and Termination. Licensor or Licensee may terminate this license agreement at any time, with or without cause. Upon termination, Licensee will cease using the Software immediately.
  3. Email and Phone Communications. Licensor may from time to time send email communications or make phone inquires to Licensee in connection with this agreement, the Software, or other products or services Licensor may offer. Licensee acknowledges that this is a bargained for provision and that Licensor would not grant license to the Software without it. Licensee further agrees that their sole remedy in opting-out of these communications shall be termination of this license agreement.
  4. Use Restrictions. Licensee agrees not to modify, change, disassemble, decompile or otherwise reverse engineer the Software.
  5. Ownership. The Software is owned by Licensor. The Software is protected by copyright and other laws of the United States .
  6. Disclaimer of Warranty. The Software is provided without warranty in its current "AS IS" condition only for purposes of using the Software with Licensor. LICENSOR MAKES NO WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
  7. Limitation of Liability. IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT PAID HEREUNDER DURING THE ONE YEAR PERIOD PRECEEDING THE CLAIM AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOOD WILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
  8. Confidential Information. Licensee agrees to keep confidential all technical, product, business, and other information regarding the Software (the "Confidential Information"), including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, and business methods. Licensee shall at all times protect and safeguard the Confidential Information and agrees not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other party. Licensee further agrees not to attempt to ascertain the source code of any computer program by unauthorized access or review, reverse engineering, decompilation, disassembly, or any other technique or method. Licensee agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honor the copyrights of and will not copy, duplicate, or in any manner reproduce any such copyrighted materials. The provisions of this Section shall survive termination or expiration of this Agreement.
  9. Governing Law. This Agreement shall be governed by and construed and interpreted by the laws of the State of Texas , without regard to any conflict of laws provisions therein. Licensee shall comply with all then-current export and import laws and regulations of the United States and such other governments as are applicable when distributing or using the Software. Licensee hereby certifies that it will not directly or indirectly export, re-export, transship, or transmit the Software, or any portion thereof, or related information, media, or products in violation of United States laws and regulations.
  10. Severability. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
  11. Severability. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
  12. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties relating to the subject matter hereof. This Agreement may not be amended except by a written document signed by both parties.