GoPOP 1.0


EULA - End User License Agreement



MAXIMIZED SOFTWARE LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED
1. GRANT FOR 30 DAY TRIAL VERSION. Maximized Software hereby
grants you a non-exclusive license to use this GoPOP software
("Software") free of charge for an evaluation period not to exceed 30
days, subject to the terms expressed in the rest of this agreement.
You are not entitled to hard-copy documentation, support or
telephone assistance. You are encouraged to evaluate the Software
in a non-production environment for up to 30 days to ensure your
satisfaction before purchasing a license for the Software.

2. GRANT FOR REGISTERED VERSION. Upon purchase of a license
for the Software, Maximized Software grants you a non-exclusive license
to use the Software indefinitely, subject to the terms expressed in the
rest of this agreement. Purchase of a license does not entitle you to
documentation, support, or telephone assistance.

3. DISCLAIMER OF WARRANTY. Maximized Software makes no
representations about the suitability of the this Software, or about
any content or information made accessible by the Software, for any
purpose. Software is provided on an "AS IS" basis, without warranty
of any kind, including without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement.
The entire risk as to the quality and performance of the Software is
borne by you. Should the Software prove defective, you and not Maximized
Software assume the entire cost of any service and repair. Maximized
Software shall not be held liable for any damages suffered by you,
whether incurred or projected. This disclaimer of warranty constitutes
an essential part of the agreement. SOME STATES DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY
NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

4. SCOPE OF GRANT. Maximized Software grants you a non-exclusive
license to use the Software on one computer, subject to the terms
expressed in paragraphs 1 ("GRANT FOR 30 DAY TRIAL VERSION") and
2 ("GRANT FOR REGISTERED VERSION").

You may also make a copy of the Software for archival purposes, provided
any copy must contain all of the original Software's proprietary notices.

5. YOU MAY NOT: PERMIT USE OF THE SOFTWARE EXCEPT UNDER
THE TERMS LISTED ABOVE; MODIFY, TRANSLATE, REVERSE
ENGINEER, DECOMPILE, DISASSEMBLE (EXCEPT TO THE EXTENT
APPLICABLE LAWS SPECIFICALLY PROHIBIT SUCH RESTRICTION),
MONITOR, OR CREATE DERIVATIVE WORKS BASED ON THE
SOFTWARE; COPY THE SOFTWARE (EXCEPT AS SPECIFIED ABOVE);
RENT, LEASE, TRANSFER OR OTHERWISE TRANSFER RIGHTS TO
THE SOFTWARE; OR REMOVE OR MODIFY ANY PROPRIETARY
NOTICES OR LABELS IN OR ON THE SOFTWARE.

6. TITLE. Title, ownership rights, and intellectual property rights
in the Software shall remain in Maximized Software, its successors,
assigns, and/or its suppliers. The Software is protected by the
copyright laws and treaties.

7. TERMINATION. The license will terminate automatically if you fail
to comply with the limitations described herein. Furthermore, either
party may terminate the license at any point without written notice to
the other party. On termination, you must destroy all copies of the
Software and Documentation.

8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL MAXIMIZED SOFTWARE OR ITS SUPPLIERS OR RESELLERS
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
OR LOSSES. IN NO EVENT WILL MAXIMIZED SOFTWARE BE
LIABLE FOR ANY DAMAGES, EVEN IF MAXIMIZED SOFTWARE
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

9. MISCELLANEOUS. This Agreement represents the complete agreement
concerning this license and may be amended only by a writing executed
by both parties. If any provision of this Agreement is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. All other terms of this Agreement
will continue to be enforceable. This Agreement shall be governed by
California law (except for conflict of law provisions). The
application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded. If legal action is
required by either party, then both parties agree to be bound by
arbitration. The prevailing party in the arbitration will be entitled
to recover the attorney's fees that it has incurred from the
non-prevailing party.

U.S. Government Restricted Rights. Use, duplication or disclosure by
the Government is subject to restrictions set forth in subparagraphs
(a) through (d) of the Commercial Computer-Restricted Rights clause at
FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS
252.227-7013, and in similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is Maximized Software, Inc., 85 Ashford Avenue,
Mill Valley, CA 94941.

MaxCharge and Maximized Software are trademarks of Maximized
Software, Inc. Copyright 2001-2002 Maximized Software. All rights
reserved.



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Users Rating:  
  5.0/5     1
Downloads: 139
Updated At: 2024-03-19
Publisher: Maximized Software
Operating System: windows
License Type: Free Trial