Hermes Secure Email Gateway Pro End User License Agreement (EULA)

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Hermes Secure Email Gateway Pro
End User License Agreement (EULA)

THIS END USER LICENSE AGREEMENT ("AGREEMENT")IS A LEGAL
UNILATERAL CONTRACT BETWEEN YOU THE END USER (AS AN
INDIVIDUAL PERSON OR SINGLE ENTITY) ("YOU") AND DIONYSSIOS
EDWARDS. READ IT CAREFULLY BEFORE ACCEPTING, INSTALLING OR
USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE
SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY
DISCLAIMERS. BY ACCEPTING, INSTALLING AND USING THE
SOFTWARE, YOU THE END USER ARE CONFIRMING ACCEPTANCE OF
THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF
THIS AGREEMENT. IF YOU THE END USER DOES NOT WISH TO DO SO,
DO NOT ACCEPT, INSTALL OR USE THE SOFTWARE.


1. Definitions

(a)"Dionyssios Edwards" mean Dionyssios Edwards and its licensors, if any.
(b) "Products" means the set of products, comprising Software, Code,
Documentation, training and dissemination resources, and other defined objects,
which has been developed by or for Dionyssios Edwards.
(c) "Software" means Dionyssios Edwards programs, associated executable and
data files, code, and report template files in any or all language editions supplied
by DIONYSSIOS EDWARDS herewith, and any and all version upgrades and
maintenance updates thereto.
(d) "Documentation" means the documents comprising all Dionyssios Edwards
software in their final published form. The documentation includes any and all
data files associated with any and all language editions of the electronic
documents, and any derived hardcopy and softcopy renditions thereof.
(e) "End-User Product" means a data storage or output file generated by you
using Dionyssios Edwards Products. Examples of End-User Products include
databases, data export files, reports saved in export file formats, and any
hardcopy or softcopy renditions thereof and the like.
(f) "License" means an agreement between you and Dionyssios Edwards, which
gives you permission to use the Software under defined conditions and
limitations.
(g) "License Period" means the amount of time you are entitled to use the
Software under the License limitations. The License Period shall be defined as
ONE calendar year UNLESS OTHERWISE SPECIFIED IN WRITING by Dionyssios
Edwards.
(h) "Computer Seat" means up to ONE instance of the Software issued under a
License installed on a single computer.

2. License

This Agreement allows you to:

(a) Install and use the Software as one Computer Seat, in accordance with the
License limitations, and make one copy of the Software in machine-readable
form solely for backup purposes. You must reproduce on any such copy all
copyright notices and any other proprietary legends on the original copy of the
Software.
(b) Install the Software on a storage device, such as a network server, and run
the Software on an internal network and/or external network, provided the
number of concurrent users does not exceed the limitations of the computer
and/or the Software.
(c) Use the Software for a period as set forth by the License Period unless
otherwise specified in writing by Dionyssios Edwards. The License Period starts
at the date of delivery and it will be evidenced in your receipt. At the end of the
License Period, you are required to purchase a license renewal in order to
continue using the software. CONTINUING TO USE THE SOFTWARE BEYOND
THE SPECIFIED LICENSE PERIOD IS A VIOLATION OF THIS AGREEMENT AND
YOU WILL BE SUBJECT TO LEGAL ACTION.

3. License Restrictions

Other than as set forth in Section 2, you may not make or distribute copies of
the Software, or electronically transfer the Software from one computer to
another or over a network. You may not decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-perceivable form.
You may not rent, lease or sub-License the Software. You may not modify the
Software. You may not create derivative works based upon the Software,
EXCEPT BY PERMISSION FROM Dionyssios Edwards, GIVEN IN WRITING.

4. Upgrades

If this copy of the Software is an upgrade from an earlier version of the
Software, it is provided to you on a License exchange basis. You agree by your
installation and use of this copy of the Software to voluntarily terminate your
earlier end-user License and that you will not continue to use the earlier version
of the Software nor transfer it to another. By having a License to use the
software, you are automatically entitled to unlimited upgrades of the Software
provided that it falls within the License Period.

5. Ownership

The foregoing License gives you limited rights to use the Software. Although you
own the media on which the Software is recorded, you do not become the owner
of, and Dionyssios Edwards retains title to, the Software, the Documentation,
any and all other DIONYSSIOS EDWARDS Products, and all copies thereof. All
rights not specifically granted in this Agreement, including International
Copyrights, are reserved by Dionyssios Edwards.
Any software, software component, document, publication or other related
intellectual work produced by any person in violation of the terms and conditions
of this Agreement becomes immediately the absolute and sole property of
Dionyssios Edwards.

6. Transfer of License

This License is NOT transferable.

7. Support

Support for Software will be given via e-mail and/or phone at DIONYSSIOS
EDWARDS’s sole discretion during normal business hours as defined by
DIONYSSIOS EDWARDS.

8. Training

This License entitles you to ONE FREE OF CHARGE Initial Training Session on the
features and usability of Software to be performed no later than THIRTY (30)
calendar days after delivery as indicated by your receipt. The Initial Training
Session will be performed during a time and place that both DIONYSSIOS
EDWARDS and you agree upon and it shall NOT exceed in length a period of
FOUR (4) hours. After the THIRTY (30) days, an hourly fee will be charged for a
training session. Additional training sessions beyond the free Initial Training
Session will assess an hourly fee. The hourly fee will be determined by
DIONYSSIOS EDWARDS and it will not exceed the fair market value of such.

9. Limited Warranties

Dionyssios Edwards warrants that, for a period of thirty (30) days from the date
of delivery (as evidenced by a copy of your receipt): (i) when used with a
recommended hardware configuration, the Software will perform in conformance
with the documentation supplied with the Software; and (ii) that the media on
which the Software is furnished will be free from defects in materials and
workmanship under normal use.
EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, DIONYSSIOS
EDWARDS DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EITHER
EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF
QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. IF APPLICABLE LAW IMPLIES
ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES
ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF
DELIVERY.
DIONYSSIOS EDWARDS DISCLAIMS ANY WARRANTY OF TITLE OR OTHER
WARRANTIES FOR ANY THIRD PARTY OFFERINGS OR PRODUCTS. ALL SUCH
WARRANTIES AND REPRESENTATIONS ARE EXCLUDED.
WITHOUT LIMITATION, NO WARRANTY IS GIVEN THAT THE DIONYSSIOS
EDWARDS PRODUCTS ARE ERROR FREE.
No oral or written information or advice given by DIONYSSIOS EDWARDS, its
dealers, distributors, agents or employees shall create a warranty or in any way
increase the scope of this warranty.

10. Exclusive Remedy

Your exclusive remedy under Section 9 is to return the Software to the place you
acquired it, with a copy of your receipt and a description of the problem.
DIONYSSIOS EDWARDS or its distributors will use reasonable commercial efforts
to supply you with a replacement copy of the Software that substantially
conforms to the documentation and/or provide a replacement for defective
media. Refunds are not given at any time under any circumstances. DIONYSSIOS
EDWARDS shall have no responsibility if the Software has been altered in any
way, if the media has been damaged by accident, abuse or misapplication, or if
the failure arises out of use of the Software with other than a recommended
hardware configuration.

11. Limitations of Damages

DIONYSSIOS EDWARDS, ITS LICENCORS, DISTRIBUTORS AND AGENTS SHALL
NOT BE LIABLE FOR:
(A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, FAILURE TO REALISE EXPECTED SAVINGS OR
THE LIKE),
(B) ANY CLAIM AGAINST YOU BY ANY OTHER PARTY,
(C) ANY CLAIM THAT YOUR USE OF DIONYSSIOS EDWARDS PRODUCTS
AND/OR RELATED PRODUCTS THAT WE PROVIDE INFRINGES ANY THIRD
PARTY'S INTELLECTUAL RIGHTS,
(D) ANY CLAIM BY YOU, OR
(E) ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR
RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING
FROM ANY CAUSE OUTSIDE OF OUR CONTROL, INCLUDING BUT NOT LIMITED
TO DELAY IN THE PERFORMANCE OF OUR OBLIGATIONS, OR MISUSE OF YOUR
SOFTWARE LICENSE KEY.
THESE LIMITATIONS APPLY TO ALL CLAIMS IRRESPECTIVE OF THE CAUSE OF
ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO BREACH
OF CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR
MISREPRESENTATION), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
DIONYSSIOS EDWARDS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
DIONYSSIOS EDWARDS’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES
FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $200
U.S. EQUIVALENT OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT
CAUSED SUCH DAMAGE.

11. Basis of Bargain

The limited warranty, exclusive remedies and limited liability set forth above are
fundamental elements of the basis of the agreement between DIONYSSIOS
EDWARDS and you. DIONYSSIOS EDWARDS would not be able to provide the
Software on an economic basis without such limitations.

12. Severability

If any part of this Agreement is found void and unenforceable, it will not affect
the validity of the balance of the Agreement, which shall remain valid and
enforceable according to its terms.

13. Termination

Without prejudice to any other rights, DIONYSSIOS EDWARDS may terminate
this Agreement if you fail to comply with its terms and conditions. In such event
you must destroy all copies of the Software and all of its component parts.

14. Variation to this Agreement

This Agreement may be modified only in writing signed by an authorized agent
of DIONYSSIOS EDWARDS. DIONYSSIOS EDWARDS may vary the terms of this
Agreement in connection with the licensing of any upgrades or updates to you.

15. General

The laws of the state of Delaware shall govern this Agreement. This Agreement
contains the complete agreement between the parties with respect to the subject
matter hereof, and supersedes all prior or contemporaneous agreements or
understandings, whether oral or written.