UMBRACO NEWSLETTER STUDIO PACKAGE LICENSE AGREEMENT
This UMBRACO PACKAGE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This UMBRACO PACKAGE is licensed, not sold.
End User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the NEWSLETTER STUDIO PACKAGE VENDOR (Enkel Media Stockholm AB, Sweden) with regard to the copyrighted Software (herein referred to as "UMBRACO PACKAGE" or "SOFTWARE") provided with this EULA. The UMBRACO PACKAGE includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. Use of any software and related documentation ("Software") provided to you by the Vendor in whatever form or media, will constitute your acceptance of these terms. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the UMBRACO NEWSLETTER STUDIO PACKAGE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, the Vendor is unwilling to license the UMBRACO NEWSLETTER STUDIO PACKAGE to you.
- Eligible Licensees. This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
- License Grant. The Vendor grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as necessary to use it on a single Umbraco site. You agree that you may not copy the written materials accompanying the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may not transfer this Software.
- Copyright. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of the Vendor and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the UMBRACO NEWSLETTER STUDIO PACKAGE, the accompanying printed materials, and any copies of the PACKAGE, are owned by the Vendor. The UMBRACO NEWSLETTER STUDIO PACKAGE is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the PACKAGE.
- Reverse Engineering. You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder.
- Disclaimer of Warranty. The Software is provided "AS IS" without warranty of any kind. The Vendor disclaims and makes no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. The Vendor does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. The Vendor and IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
- Limitation of Liability. The Vendor's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall the Vendor be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if the Vendor or its supplier has been advised of the possibility of such damages, or any claim by a third party.
- Rental. You may not loan, rent, or lease the SOFTWARE.
- Upgrades. Free upgrades are included for at least one year. Upgrades to new major version could come with a cost (new license might be required). If the SOFTWARE is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the PACKAGE is an upgrade of a software program which you licensed as a single product, the PACKAGE may be used only as part of that single product package and may not be separated for use on more than Umbraco site. The Vendor has no obligations whatsoever to provide upgrades.
- Product Support. Product support is provided by the Vendor via publicly available resources on the website www.newsletterstudio.org and the linked forum. However, the Vendor has no obligation to provide support and can, if needed, close the support without any further notice.
Vendor offers extended support (charged separately). Extended support includes direct contact with the support-team via email and provides prioritized bug fixes when applicable. However, extended support does not guarantee that feature requests will be implemented or considered.
- By using the PACKAGE the end user agrees and allows the PACKAGE and VENDOR to send data about the PACKAGE usage, version, Umbraco-version and other information to the VENDOR. No personal identifiable data is allowed to be sent but data about the users technical setup (browser, OS etc) and other not personal identifiable data can be sent. Data that could identify the end users company details is allowed to be sent but not data that the VENDOR can use to identify an individual. The VENDOR has the right to change which information that is sent without further notice to the end user as long as the data is not personal identifiable for the VENDOR.
- No Liability for Consequential Damages. In no event shall the Vendor be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this "Enkel Media Stockholm AB" product, even if the Vendor has been advised of the possibility of such damages.
- Indemnification By You. If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend the Vendor from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this Agreement.