2. (d) Infacta SM, GroupMail®, the Infacta SM logo, the GroupMail® logo, graphics,
and icons in the software are trademarks, service marks, trade dress, and/or
registered trademarks of Infacta ltd. and may not be copied, imitated or used,
in whole or in part, without the prior written permission of Infacta ltd.
3. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to
or will, directly or indirectly, export or transmit the SOFTWARE PRODUCT or
related documentation and technical data (or any part thereof), or process, or
service that is the direct product of the SOFTWARE PRODUCT to any country to
which such export or transmission is restricted by any applicable U.S.
Regulation or statute, without the prior written consent, if required, of the
Bureau of Export Administration of the U.S. Department of Commerce, or such
other governmental entity as may have jurisdiction over such export or
transmission.
4. DISCLAIMER OF WARRANTY
NO WARRANTIES. The SOFTWARE PRODUCT is provided "as is" without warranty of any
kind. To the maximum extent permitted by applicable law, Infacta ltd. and its
suppliers disclaim all warranties, either express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a particular
purpose and any warranty against infringement, with regard to the SOFTWARE. This
limited warranty gives you specific legal rights. You may have others that vary
from state/jurisdiction to state/jurisdiction.
5. CUSTOMER REMEDIES. Infacta ltd.'s entire liability and your exclusive remedy
shall not exceed the price paid for the SOFTWARE.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by
applicable law, in no event shall Infacta ltd. or its suppliers be liable for
any damages whatsoever (including, without limitation, damages for loss of
business profits, business interruption, loss of business information, or any
other pecuniary loss) arising out of the use of or inability to use this Infacta
product, even if Infacta ltd. has been advised of the possibility of such
damages. Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply to you.
7. DO NOT SEND UNSOLICITED EMAIL. Be aware that you are solely responsible for
the messages you send. In many cases sending unsolicited email (AKA Spam) is in
violation of the law, and you will be solely accountable and liable for damages
and violations.
We reserve the right to refuse technical support and/or other services if you:
1. send unsolicited email; or
2. hijack a mail server relay; or
3. distribute illegal information or materials; or
4. forge header information; or
5. put false of misleading information in the subject; or
6. fail to provide a means for unsubscribing from your lists or groups
This license shall be construed and interpreted in accordance with Irish Law.
The Courts of Ireland shall have exclusive jurisdiction in relation to any
claim, dispute or other matter arising there from.
Should you have any questions concerning this Agreement, please contact Infacta
Ltd. via http://www.Infacta.com