When you install Mail Express, you must agree to the terms of the Mail Express End-User License Agreement (EULA) in order to complete installation. During installation, the EULA is copied to the installation folder (by default, C:\Program Files\Globalscape\Mail Express\license.txt). The text of the EULA is also below for your convenience.
Globalscape® Mail Express™ version 3
End-User License and Support Agreement
This Software is licensed by GlobalSCAPE, Inc. ("Globalscape"), not sold. You may use this Software only as described in this Agreement.
BY INSTALLING OR USING THE ENCLOSED SOFTWARE OR UTILIZING THE REGISTRATION SERIAL NUMBER, YOU AGREE AND ARE SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. If you do not agree to the terms of this Agreement, do not install the Software or use any registration serial number that was provided with the Software. You may return the Software to the place of purchase for a refund if you have not used the registration serial number.
1. SOFTWARE. The capitalized term "Software" refers to the object code for the computer program known as Mail Express, any updates, supplemental code or programs provided to you by Globalscape with or in connection with Mail Express, such as the user's manual and Help file, any components, any related media and printed materials, and any related "online" or electronic documentation. The Software includes three basic components, the Server Program, the Web Interface(s) and the Add-In.
2. GRANT OF LICENSE.
A. EVALUATION LICENSE. If you acquired the license for any component of the Software on an evaluation or trial basis, you may use the Software without charge for the evaluation period. Your evaluation period begins on the day the registration serial number is issued by Globalscape. You must pay the license fee and activate your copy in the manner required below to continue to use the Software after the evaluation period. An evaluation license for the Software may not be transferred to any other person.
B. STANDARD LICENSE.
i) SERVER PROGRAM. You may install and use one copy of the Server Program on that number of server computers for which you have purchased a separate license as indicated on your invoice or sales receipt.
ii) WEB INTERFACE(S). Notwithstanding the restrictions in Section 7, you may customize the Web Interface created through the Server Program for the Software, subject at all times to Globalscape’s rights set forth in Section 13. Upon modification, however, Globalscape shall have no further obligations under Section 8 or any related M & S Plan in relation to the Web Interface. Such modification may only be used for your internal business purposes and may not be licensed or sublicensed to any third party.
iii) ADD-IN. The Add-In requires a CAL (client access license). You may install the Add-In on as many desktop personal computers for which you have paid a separate license fee as indicated on your invoice or sales receipt for access and use solely by one person on such computer. For example, if you purchase a license to the Add-In for 75 clients, you can only install the Add-In on 75 desktops and only 75 individuals, in aggregate, may access and use the Add-In. If you wish to increase the number of clients after your initial license purchase, upon payment of the additional license fee you will be issued a new registration serial number which will be utilized to activate the additional Add-In licenses purchased and to re-activate the Add-Ins previously purchased.
C. STANDBY LICENSE. If you have purchased a license to use the Server Program and/or the Add-In on a non-production basis, then you may use the Server Program and/or Add-In so licensed only as follows:
i) On a standby computer that is not processing inbound traffic or doing work of any kind except in the event that, and only for so long as, the primary production server upon which the Server Program license is associated is offline; or
ii) On a server (and associated desktop personal computers) used solely for testing or evaluation that does not process actual inbound traffic.
D. ACTIVATION. You must activate the evaluation or standard license for the Software by entering the properly issued evaluation or registration serial number as prompted by the Software and as otherwise instructed by Globalscape. Your failure to correctly follow the activation procedures is a material breach of this Agreement.
E. TERM. The term of the license for any component of the Software is as indicated on your invoice or sales receipt or, if not otherwise specified, perpetual.
3. RIGHT TO COPY FOR BACKUP. You may make one copy of the Software or the installation media for the Software solely for back-up or archival purposes at no additional charge.
4. UPGRADES. To use Software identified by Globalscape as an upgrade or new version, you must first be licensed for the Software identified by Globalscape as eligible for the upgrade and must be current on all applicable payments of licensing or support fees. After upgrading, you may no longer use the Software that formed the basis for your upgrade eligibility and the license for that Software shall be deemed immediately terminated upon your installation of the upgrade.
5. TRANSFER. You may not rent, lease, lend or sublicense the Software. You may, however, make a one-time permanent assignment of all of your license rights to the Software to another party, provided that: (a) the transfer must include all of the Software, including all component parts, programs, media, printed materials, all registration serial numbers, all modules you purchase in conjunction with the Software, and this license; in connection with the sale of all or substantially all of the assets for that line of business (b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device, (c) the person to whom you transfer the Software agrees to be bound by the terms of this license, and (d) you provide notice to Globalscape at least 10 days prior to such transfer of the identity and contact information for the transferee and such transferee is not a competitor of Globalscape as determined by Globalscape in its sole discretion. If you purchased the license for the Software on a multi-computer basis-that is, one registration serial number valid for the number of computers indicated on your invoice, you may permanently assign your rights under this license to only a single person or entity who receives all associated rights.
Notwithstanding anything else in this Agreement to the contrary, an Evaluation License for the Software may be used only for testing, demonstration or evaluation and may not be sold or transferred to another person in any manner. Transfer in violation of this Agreement, in whole or in part, will be void ab initio.
7. RESTRICTIONS. You may not reduce the Software to human readable (or source code) form, reverse engineer, de-compile, disassemble, merge, adapt, or modify the Software, except and only to the extent that such activity is expressly required to be permitted by applicable law notwithstanding this limitation. You may not use the Software to perform any unauthorized transfer of information, such as copying or transferring a file in violation of a copyright, in violation of any laws related to the transfer of encrypted data or for any other illegal purpose.
8. MAINTENANCE AND TECHNICAL SUPPORT SERVICES. If you purchased a maintenance and support plan ("M & S Plan"), Globalscape shall provide the support services at the level agreed by you and Globalscape and as defined in the Globalscape Maintenance and Support Guide accessible from http://www.globalscape.com/support/gme.aspx (the "Guide") as of the date of your acceptance of this Agreement and as set forth in your invoice or sales receipt. The term of the M & S Plan may vary and is specified on your invoice or sales receipt. Please contact Globalscape if you would like to extend the term of your M & S Plan. To be eligible for maintenance and support services, the Server Program and the Add-In, if purchased, must be covered by an active M & S Plan.
9. PAYMENT TERMS. If Globalscape has agreed to invoice you for license fees or fees applicable to your M & S Plan, invoices shall be transmitted on the date of issuance via electronic or postal mail to the primary or billing contact listed on your account. Unless otherwise agreed to in writing, full payment is due within thirty (30) days from invoice date. Amounts not paid when due shall bear interest at 1.5% per month, or the highest non-usurious rate permitted under applicable law, whichever is less. If Globalscape is required to take legal action to collect any overdue amount, you shall also pay Globalscape's reasonable costs of collection, including reasonable attorney fees.
10. SECURITY. The Software creates a means for others to gain access to your computer. Although we have taken commercially reasonable measures to prevent unauthorized persons from gaining access to your computer via the Software, we cannot foresee or control the actions of third parties. Therefore, use of the Software will make you vulnerable to security breaches that you might not otherwise face and could result in the loss of your privacy or property. You agree that Globalscape is not liable to you for security breaches resulting from your use of the Software or otherwise. Use of secure passwords and keeping passwords confidential are not the responsibility of Globalscape or the Software.
11. AUDIT. You should retain Your authorization to use the Software at a specified level. That level may be measured, for example, by the number of servers, processors or users and may be set forth on your invoice or sales receipt. You agree that on Globalscape's request you will certify in writing your compliance with the terms of this Agreement, including your use of the Software only on or in connection with the number of computers and users licensed. You further agree that Globalscape may during normal business hours and with reasonable prior notice, request and gain access to your premises for the limited purpose of conducting an inspection to determine and verify your compliance with this Agreement. The inspection will be conducted no more than once per year and in a manner not intended to disrupt your business and will be restricted in scope and duration to that reasonably necessary to achieve its purpose.
12. TERMINATION. This Agreement terminates if you fail to comply with its terms and conditions. If your Agreement terminates, you must destroy all copies of the Software. Termination of this Agreement shall not release you from any liability which, at the time of termination, has already accrued or which thereafter may accrue with respect to any act or omission before termination, or from any obligation which is expressly stated in this Agreement to survive termination. The provisions in Sections 6, 7, 9, 12, 13, 15, 16,17 and 19 shall survive the termination of this Agreement.
13. INTELLECTUAL PROPERTY; CONFIDENTIALITY. You acknowledge that you have only the limited, non-exclusive right to use and copy the Software as expressly stated in this Agreement and that Globalscape retains title to the Software and all other rights not expressly granted. You agree not to remove or modify any copyright, trademark, patent, or other proprietary notices that appear, on, in or with the Software. The Software and all derivatives thereof are protected by United States copyright, patent and trademark law and rights granted by international treaties related to intellectual property rights. The Software is copyright © 2008-2013 GlobalSCAPE, Inc. All rights reserved.
You will keep confidential and refrain from disclosing any and all technical information, know-how, and inventions disclosed by Globalscape in relation to this Agreement and the license granted hereunder, except when, after, and to the extent that the information, know-how, and inventions are generally known to the public.
14. OPEN SOURCE COMPONENTS. The Software utilizes third party software from various sources. Portions of this software are copyrighted by their respective owners as indicated in the copyright notices below. Notwithstanding anything else contained herein, the terms with respect to this software is as follows:
The JasperReports Engine is utilized to generate reports from the Software and is distributed with the Software. This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License (LGPL) as published by the Free Software Foundation; version 3.0. Notwithstanding anything else contained herein, this library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the LGPL for more details. The Jasper Reports library may be found in the lib directory of the Software installation directory in the files named jasper.jar, jasper-el.jar and jasper-jdt.jar and is distributed under the terms of the GNU LESSER GENERAL PUBLIC LICENSE (LGPL). Jasper Reports is Copyright © 2007 JasperSoft Corporation. Globalscape hereby disclaims all copyright interest in the library. A copy of the LGPL may be found in the misc/licenses directory in a file named jasperreports-3.7.2-LICENSE.txt, at http://www.gnu.org/licenses/licenses.html#LGPL or by writing to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA. Globalscape will provide a complete machine-readable copy of the source code for Jasper Reports library to any third party who contacts us at:
Attn: LGPL Source Code Requests
San Antonio, TX 78249
SPNEGO allows for HTTP-based cross-platform authentication. SPNEGO is provided to you under the terms of the CDDL v1.0 open source license which is available at https://spnego.dev.java.net/license.html. Globalscape will provide a complete machine-readable copy of the source code for SPNEGO library to any third party who contacts us at:
Attn: LGPL Source Code Requests
San Antonio, TX 78249
No warranty, support, indemnity or liability obligation is offered with respect to SPNEGO, and if offered in the future will be offered solely by Globalscape. The source code for SPNEGO source code may incorporate intellectual property owned by Microsoft Corporation. Our provision of this source code does not include any licenses or any other rights to you under any Microsoft intellectual property. If you would like a license from Microsoft (e.g. to rebrand, redistribute), you need to contact Microsoft directly (send mail to firstname.lastname@example.org).
15. EXPORT RESTRICTIONS. THE SOFTWARE CONTAINS ENCRYPTION TECHNOLOGY THAT IS CONTROLLED FOR EXPORT BY THE U.S. GOVERNMENT. You agree to comply fully with all relevant export laws and regulations of the United States (“Export Laws”) to assure that (i) the Software is not exported, directly or indirectly (including as a result of providing access to the Software to a national or resident of and embargoed or restricted country), in violation of Export Laws, or the applicable laws of any other jurisdiction or (ii) or provided to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or Entity List. Among other things, the Export Laws provide that the Software may not be exported or re-exported to certain countries that are embargoed or restricted, or to certain restricted persons. Embargoed and restricted countries currently include but are not limited to Cuba, Iran, North Korea, Syria and Sudan. In addition to other restrictions described in this section, you may not use the Software, or export the Software to any destination where you know or have reason to know that the Software may be used in connection with the proliferation of nuclear, chemical, or biological weapons or missiles. You shall indemnify and hold Globalscape harmless in connection with any breach of this Section.
16. NO WARRANTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SUPPORT SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE AND NONINFRINGEMENT. IF APPLICABLE LAW REQUIRES A WARRANTY, THE REQUIRED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM YOUR RECEIPT OF A COPY OF THE SOFTWARE. COMPUTER PROGRAMS ARE INHERENTLY COMPLEX, AND THE SOFTWARE MAY NOT BE FREE OF ERRORS. THE SOFTWARE IS PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. GLOBALSCAPE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR ENDORSEMENT TO YOU OR ANY THIRD PARTY WHATSOEVER WITH REGARD TO ANY DATA CAPTURED, TRANSFERRED, ACCESSED OR SHARED USING THE SOFTWARE AND SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OR DAMAGE ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM ANY LOSS OF DATA. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
17. LIMITATION OF LIABILITY. GLOBALSCAPE IS NOT LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, SECURITY BREACHES RESULTING IN DISCLOSURE OF CONFIDENTIAL INFORMATION OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF GLOBALSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. UNLESS APPLICABLE LAW PROVIDES OTHERWISE, GLOBALSCAPE'S LIABILITY FOR ANY CLAIM RELATED TO YOUR PURCHASE OF A LICENSE FOR OR USE OF THE SOFTWARE AND RELATED SUPPORT SERVICES, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S. $5.00 OR THE FEES PAID BY YOU UNDER THIS AGREEMENT.
18. U.S. GOVERNMENT. The Software is commercial computer software developed solely at private expense. The rights of civilian and non-civilian agencies of the U.S. Government to use, disclose, and reproduce the Software are governed by the terms of this Agreement. Publisher is GlobalSCAPE, Inc., 4500 Lockhill-Selma Road, Suite 150, San Antonio, Texas, 78249, USA.
19. MISCELLANEOUS. The laws of the State of Texas, excluding its conflicts laws, shall govern this Agreement the rights and obligations of the parties hereto, the entire relationship between the parties hereto, and all matters arising out of or relating to this Agreement. You may bring any action under this Agreement for any cause whatsoever more than one (1) year after the occurrence giving rise to such cause of action. Globalscape may seek injunctive relief in court to prevent imminent harm. This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods. You agree that this Agreement shall be fully performable in Bexar County, Texas and submit to the non-exclusive jurisdiction of, and agree that venue is proper in, state or federal courts in Bexar County, Texas in any legal action or proceeding relating to this Agreement. This Agreement constitutes the complete and exclusive agreement between us, notwithstanding any provision in any purchase order or other written document, except for: (i) the definition of any evaluation period, limited license term, and fees and terms for maintenance or support services or additional software components that may appear on the applicable invoice or sales receipt as issued by Globalscape (or in the absence of an invoice or sales receipt, the Globalscape Website), and (ii) the statement of the number of separate computers or concurrent users for which you have paid a license fee as described in Section 2, above. In the case of a conflict between this Agreement and the invoice or sales receipt and any fees set forth on the Globalscape Website, the invoice shall control. In the case of a conflict between this Agreement and the M&S Plan, this Agreement shall control. This Agreement may only be modified by a written document signed by Globalscape. No Globalscape reseller or distributor is authorized to change the terms of this Agreement. If any portion hereof is found to be void or unenforceable, then such provision shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect. Failure to exercise or delay in the exercise of any right or remedy under this Agreement shall not operate as a waiver thereof. If you are located outside the United States, then the following provision applies: Les parties aux présentes confirment leur intention que cette convention ainsi que tous les documents afférents soient redigés dans la langue anglaise. (Translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language.")
Should you have any questions concerning this Agreement, or if you desire to contact Globalscape for any reason, please contact Globalscape by mail at: 4500 Lockhill-Selma Road, Suite 150, San Antonio, Texas, 78249 USA, by telephone at: +1 (210) 308-8267, or by electronic mail from: http://www.globalscape.com with copy to email@example.com.
Please print a copy of this Agreement for your records.
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