Zumbox Software License Grant
You agree to the following provisions with respect to your use of Zumbox's desktop software product (the "Zumbox Software"):
Limited Use License Grant
Zumbox grants (the "Zumbox Grant") to you a term, non-transferable and non-exclusive license to use the Zumbox Software, in object or machine executable code, that we make or will make available to you for the sole purpose of sending and receiving Zumbox mail.
You agree not to use the Zumbox Software: (i) other than the permitted purpose stated above, unless otherwise agreed to in writing by Zumbox, (ii) in conjunction with any products or services that are competitive with the Site and the offered services, (iii) for performance testing or benchmarking purposes, or (iv) in violation of any laws or regulations, including, but not limited to laws related to intellectual property, i.e., copyright or patent. You also agree not to reverse engineer or decompile the Zumbox Software, or otherwise modify the software product.
If you have questions on your contemplated use or if you have comments related to the Zumbox Software, we ask that you contact us by sending an email to firstname.lastname@example.org
. Please note that should you make any suggestions regarding enhancements or modifications to the Zumbox Software, to any extent, you assign and otherwise convey to Zumbox all rights, title and interest in and to the suggestions, including, but not limited to all patent and copyrights thereto without any compensation required to be paid to you.
You agree not to remove, obscure, or alter Zumbox's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Zumbox Software. You also acknowledge that Zumbox owns all right, title and interest in and to the Zumbox Software, including, without limitation, all patent, copyright and all other intellectual property rights (the "Zumbox Rights"). The Zumbox Rights include rights to the following: (i) the software developed and provided by Zumbox, and (ii) all software associated with the Zumbox Software. The Zumbox Rights do not include the following: (1) third-party components used as part of the Zumbox Software; or (2) software developed by you in conjunction with using the Zumbox Software.
Disclaimer of Warranties
THE ZUMBOX SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ZUMBOX EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ZUMBOX DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, AND PERFORMANCE OF THE ZUMBOX SOFTWARE.
You understand and agree that your use of any of the Zumbox Software is at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of Zumbox Software.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Disclaimer of Liability
The Zumbox Software is being provided free of charge. Accordingly, you agree that Zumbox shall have no liability arising from or based on your use of the Zumbox Software.
Under no circumstances shall Zumbox be liable to any user on account of that user's use or misuse of the Zumbox Software. Such disclaimer of liability includes direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if Zumbox has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Zumbox Software, from inability to use the Zumbox Software, or from the interruption, suspension, or termination of the Zumbox Software (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you, in which case the maximum liability of Zumbox related to the Zumbox Software shall not exceed $1000.00.
You hereby agree to indemnify, defend and hold Zumbox, and its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of the Zumbox Software, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Zumbox reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
The Zumbox Site
Term and Termination
Zumbox may terminate making the Zumbox Software available to you or permitting your use of the Zumbox Software (and your account) at any time, with or without cause. You may discontinue using the Zumbox Software (and your account) as any time, with or without cause.
Upon any termination of the availability or use of the Zumbox Software (including your account), (i) you agree to immediately discontinuing your use of the Zumbox Software and destroy any and all copies and information related to the Zumbox Software in your possession or control, and (ii) those provisions which by their terms should survive any expiration or termination of the Zumbox Grant, shall be deemed to survive and remain in full force and effect, including, but not limited to Intellectual Property, Indemnification and this paragraph.
Last Updated: July 2008
Copyright © 2008 Zumbox, Inc . All rights are reserved.