THIS IS A LEGAL AGREEMENT between the user (either an individual or an entity) and SmallCubed, Inc. (“SmallCubed”). By installing MailMaven (the Software), you agree to be bound by the terms and conditions of this Service Agreement. If you do not agree to the terms and conditions of this License Agreement, do not install the Software.
Grant of Limited License. SmallCubed, grants to you the non-exclusive, personal license to use software program “MailMaven” (the “Software”).
Copyright. SmallCubed Inc owns the Software. It is protected by Canadian copyright laws and by international treaty provisions. You should treat the Software like any other copyrighted material (for example, books or musical recordings). Among other things, copyright laws prohibit you from making derivative works of the Software. You may, however, make unregistered copies of the Software, provided that you not copy the Registration Code (see Section 3(a) below).
Other Restrictions. (a) You may register your copy of the Software by purchasing a Registration Code from SmallCubed’s online store at http://store.smallcubed.ca The Registration Code will enable full usage of the Software beyond the trial period. You may not copy the Registration Code except for archival purposes. (b) You may use your registered copy of the software on multiple computers only in conjunction with your user and email configurations. (c) You may modify, reverse-engineer, decompile or disassemble the Software. However, you may not do so for the purpose of disabling the components of the Software that enforces the trial period of the Software (i.e. circumventing the Registration Code system) or for the purpose of circumventing any of the terms of this License Agreement or any other provision of law. (c) You may not claim that the Software is yours, and you may not use the names SmallCubed or MailMaven to endorse or promote products derived from the Software without prior written permission. (d) You must use the Software at all times in a manner that is consistent with the software licenses granted to you by other companies that have provided software for your computer. For example, the Software is designed to be used with the macOS operating system, and so you may not use the Software in a manner inconsistent with the macOS license agreement between you and Apple Inc.
Disclaimer of Warranties and Limitation of Liability. THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. SMALLCUBED FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. IN NO EVENT SHALL SMALLCUBED OR ANYONE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF THE SOFTWARE, BE LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR OTHER MONETARY LOSS, ARISING OUT OF THE USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF YOU HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SMALLCUBED BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, WHETHER IN A CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR OTHER CLAIM OR ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE SOFTWARE OR DOCUMENTS AND OTHER INFORMATION PROVIDED TO YOU BY SMALLCUBED, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION. The above disclaimer may not apply to you because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages. Any warranties that by law survive the preceding disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software.
Your Warranty to SmallCubed.
You warrant that all individuals having access to the Software will observe and perform all the terms and conditions of this License Agreement. You shall, at your own expense, promptly enforce the restrictions in this License Agreement against any person who gains access to your copy of the Software (i.e. the copy you download upon agreeing to this License Agreement or any other copy you have made from that copy) with your permission or while your employee and who violates such restrictions, by instituting and diligently pursuing all legal and equitable remedies against him or her. You agree to immediately notify SmallCubed in writing of any misuse, misappropriation or unauthorized disclosure, display or copying of the Software that may come to your attention.
Export Control Laws You agree to comply with all laws, rules and regulations applicable to the export of the Software. Specifically, you shall not export, re-export or transship the Software, or the direct product thereof, in violation of any Canadian laws and regulations which may be applicable from time to time. By downloading or using the Software, you agree to the preceding.
Injunctive Relief. Because of the unique nature of the Software, you understand and agree that SmallCubed will suffer irreparable injury in the event you fail to comply with any of the terms of paragraph 3 of this License Agreement and that monetary damages may be inadequate to compensate SmallCubed for such breach. Accordingly, you agree that SmallCubed will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this Agreement.
Termination. You may terminate this Agreement at any time. SmallCubed may immediately terminate this License Agreement if you breach any representation, warranty, agreement or obligation contained or referred to in this License Agreement. Upon termination, you must dispose of the Software and all copies or versions of the Software by destroying the Software. You must destroy the Software key that enables the Software to operate and not provide the key to anyone else to use. The provisions of Sections 3, 4, 5, 6, 7, 8 and 10 of this License Agreement shall survive termination of this Agreement.
Miscellaneous. If any litigation is brought to enforce this License Agreement, or arises out of this License Agreement, the prevailing party shall be awarded its reasonable attorneys’ fees together with expenses and costs incurred in such litigation. This Agreement shall be governed by the laws of the Province of British Columbia, Canada, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods. Venue for any action under this Agreement shall be in British Columbia, Canada. You consent to the personal jurisdiction of the courts of such venue. This License Agreement is the complete agreement between SmallCubed and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
COPYRIGHT NOTICE. Copyright (c) 2008-2020 SmallCubed Inc., 6076 Logan Place, North Cowichan, BC, V9L 5N3. All rights reserved. Any rights not expressly granted in this License Agreement are reserved.}