Terms and Conditions
End User License Agreement of Software Products
This is a legally binding Agreement between you and ERAGRAM Company Limited (“ERAGRAM”). By downloading ERAGRAM iMailTalk software products (“Software”) electronically for any purpose, you are agreeing to be bound by these terms and conditions, including the Software license and disclaimer of Software warranty below. Please read this document carefully before downloading and trying or using the Software.
1. Grant of License
(a) Registered Licenses
ERAGRAM as owner of the Software hereby grants you the licensee a personal, non-transferable and non-exclusive license to install, use and execute the Software on a workstation. Use of a registered license in more than one workstation is against the terms of this Licensing Agreement.
You may not reverse engineer, decompile, or disassemble this software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(b) Trial Licenses
ERAGRAM may provide the trial versions of the Software at no charge to you, for evaluation purposes only. This evaluation Software is licensed to you with all the rights set out above, but with a limited license term, operability and/or functionality. You agree and acknowledge that ERAGRAM provides evaluation Software solely for evaluation purposes and not for long term use. On your accepted order, and payment of the applicable fee, ERAGRAM will provide a key or other mechanism to you for conversion of an evaluation limited license to a registered license.
2. Ownership of Software
You agree and acknowledge that ERAGRAM transfers no ownership interest in any Software or part Software, or in the intellectual property (including but not limited to copyright) in any Software or in any Software copy, to you under this Agreement or otherwise, and that ERAGRAM reserves all rights not expressly granted to you in this License Agreement.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the “Account Information”). You agree to update your Account Information in order to keep such information current.
During the registration process, you will provide an email address which will be your user name and a password. Once you have completed the registration process, we will set up an account for you. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account.
4. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SOFTWARE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ERAGRAM AND ITS DISTRIBUTION AND SYNDICATION PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
USE OF THE SOFTWARE IS AT YOUR OWN RISK. ERAGRAM MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ERAGRAM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SOFTWARE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SOFTWARE. ERAGRAM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SOFTWARE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SOFTWARE.
5. Limitation of Liability
IN NO EVENT WILL ERAGRAM BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION THE COST OF INSURANCE COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS, OPPORTUNITY OR GOODWILL, OR PROPERTY DAMAGE), WHETHER OR NOT ERAGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OR LIABILITY ARISING OUT OF THIS LICENSE AGREEMENT. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ERAGRAM’S DIRECT LIABILITY FOR BREACH OF CONTRACT ARISING OUT OF THIS SOFTWARE LICENSE AGREEMENT AND/OR YOUR USE OR POSSESSION OF PARTICULAR SOFTWARE, INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED THE AMOUNT OF THE LICENSE FEE CHARGED BY ERAGRAM FOR THAT SOFTWARE.
You agree to indemnify and defend ERAGRAM and its affiliates, directors, officers, employees and agents from and against all Claims brought against ERAGRAM by any third party arising from your use of the ERAGRAM Software or any violation of these Terms, the rights of a third party or applicable law. Your indemnification obligations set forth in this Section apply to any applicable actions taken under your Account. ERAGRAM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of ERAGRAM may be made without ERAGRAM’s prior written approval.
7. Modifications to Terms
Last revised October 10, 2017