SpamExtract - Remove Spam

SPAMEXTRACT END USER LICENSE AGREEMENT

IMPORTANT: READ THIS CAREFULLY BEFORE DOWNLOADING AND USING THE SOFTWARE. YOU MAY USE THE SPAMEXTRACT SOFTWARE (the "Software") ONLY IF YOU AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT (the "Agreement"). BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT, YOU AGREE TO RECEIVE NOTICES FROM OEMTEC LTD. AND ITS TRUSTED BUSINESS PARTNERS, YOU AGREE THAT THE SOFTWARE MAY GATHER INFORMATION ABOUT YOU, YOU AGREE TO THE SPAMEXTRACT PRIVACY PRACTICE (WHICH CAN BE FOUND AT http://www.spamextract.com/pptou.php ) AND YOU CONSENT TO APPLICATION OF BARBADOS LAW AND JURISDICTION IN BARBADOS FOR ANY DISPUTE. YOU ALSO AGREE THAT THE SOFTWARE WHICH YOU DOWNLOAD MAY BE UPDATED AUTOMATICALLY, PROVIDING YOU WITH NEW VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT, DO NOT INSTALL, COPY, OR OTHERWISE USE THE SOFTWARE. INSTALLATION AND USE OF THE SOFTWARE IS VOLUNTARY AND YOU MAY STOP USING THE SOFTWARE AT ANY TIME BY UNINSTALLING THE SOFTWARE USING THE MICROSOFT WINDOWS ADD/REMOVE PROGRAMS FUNCTION.

THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND SPAMEXTRACT, A DIVISION OF OEMTEC LTD. (the "Company") FOR THE SPAMEXTRACT SOFTWARE.

General Information.

SpamExtract: The SpamExtract software will help you remove SPAM email from your inbox. SpamExtract software automatically analyzes your incoming email and directs those messages that appear to be SPAM to a SpamExtract folder. Via the SpamExtract toolbar, you are able to identify messages that are SPAM and messages that are not SPAM. (Please note that SpamExtract does not and cannot guarantee that all messages designated as SPAM are in fact SPAM. Thus, it is your responsibility to periodically check the messages designated as SPAM and determine if they are in fact SPAM. If you receive important messages via email, please be certain to check this carefully as SpamExtract is not responsible for any consequences, including legal and monetary, of misdirected email.) SpamExtract becomes more effective after a few days of use as it learns from the way you identify messages. SpamExtract also utilizes a “white list” of email addresses, allowing you to automatically receive messages from those names on this list. In order to create and update this list, SpamExtract scans your email, including your sent items, inbox, and address book. Periodically, SpamExtract will prompt you, asking if you would like to send these individuals an email requesting that they respond and be placed on your white list. By agreeing to this prompt, you agree to send these individuals emails regarding SpamExtract.

SpamExtract comes in two general versions, a free trial version and a paid version. If you download the trial version, you will only be able to access the Software for the limited trial period. At the end of the trial period, the Software will become inoperable. If you wish to continue to use the Software, you must purchase a yearly subscription. The paid version requires that you purchase a license for the Software and allows you to access and use the software for the length of your subscription, typically, one year.

Ownership and Authority to Bind Users. You must either own the computer on which the Software will be installed, or you must be authorized by the owner of the computer to install it. If the computer has other users, you must obtain their consent to these terms.

Scope of License and License Restrictions. Solely for your own personal, non-commercial purposes, the Company grants you the right to install and use the Software. These are your only rights with regard to the Software. The Software is licensed, not sold to you. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the Software. All communications between the Company and the Software and the content stored on the Company's computer servers and in the Software includes confidential information of the Company and you may not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as such functions are performed by the Software in the ordinary course of operation. You do not have the right to create derivative works of Software. All right, title, and interest, including all intellectual property rights, in and to the Software shall remain with the Company.

Trial Versions If you select to download a free trial version of the Software, you will be able to access the Software only for a limited trial period (the "Trial Period"). Unless you pay the applicable license fee and/or you cancel your subscription to the Software prior to the expiration of the Trial Period, the Software will become inoperable and automatically expire.

Subscription Version: If you select to download a subscription license version of the Software and pay the applicable license fee, you will be able to use the Software for the length of your subscription as determined by your activation agreement.

Privacy. The privacy statement of SpamExtract may be found on the Software Website at (http://www.spamextract.com/pptou.php) and is incorporated into this Agreement. These privacy statements govern the collection, use and disclosure of information the Company collects from you. The privacy statement may change from time to time, and thus, it is recommended that you check this statement frequently.

Updates. Occasionally, the Company may, automatically, or through other means, update, upgrade, or patch the Software. You may choose to opt out of receiving automatic updates during the installation process and/or after you have installed the Software. If you have any questions regarding how to opt out of receiving updates, please see the Software Website (www.spamextract.com). In the event that you purchase a license or if you have already purchased a license for the Software, you may download and install the Software updates released by the Company during the length of your subscription per your activation agreement. All updates to the Software shall be governed by this Agreement, unless other license terms are provided with the update. Notwithstanding the foregoing, the Company has no obligation to make available to you any subsequent versions of Software.

Technical Support: In the event that you purchase a subscription license, technical support for the individual software product(s) for which you have purchased a license is made available via the product's website. Technical support via email is made available to registered, licensed users during the term of your subscription. You must complete the product registration form during Software installation to be eligible for email support.

Disclaimer of Warranty. USE OF THE SOFTWARE IS AT YOUR OWN RISK. THE COMPANY PROVIDES THE SOFTWARE ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THE COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE DETECTING OR PREVENTING ALL OCCURRENCES (OR CONSEQUENCES THERE FROM) THAT THE SOFTWARE IS DESIGNED TO DETECT. THE COMPANY ALSO DISCLAIMS ALL WARRANTIES WITH REGARD TO YOUR VIEWING OF ANY WEB PAGES THAT MAY BE AVAILABLE BY LINK OR OTHERWISE FROM SEARCH RESULTS OR OTHER INFORMATION YOU RECEIVE WHEN USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. THE COMPANY MAKES NO WARRANTY THAT INFORMATION PROVIDED BY THE SOFTWARE IS ACCURATE, RELIABLE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR OTHERWISE WILL MEET YOUR EXPECTATIONS. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES

The Software is provided to you at minimal charge. The Company does not guarantee that use of the Software will be uninterrupted or error-free. The Company does not guarantee that the information accessed by the Software will be accurate or complete. You acknowledge that performance of the Software may be affected by any number of factors, including without limitation, technical failure of the Software, the acts or omissions of third parties and other causes reasonably beyond the control of the Company. Certain features of the Software may not be forward-compatible with future versions of the Software and use of such features with future versions of the Software may require purchase of the applicable future version of the Software.

Limitation of Liability. IN NO EVENT WILL THE COMPANY, DISTRIBUTORS OF THE SOFTWARE, SUPPLIERS, ADVERTISERS, OR THIRD PARTY DEVELOPERS, OR ANY OF THE FOREGOING ENTITIES' OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, "Protected Parties") BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF THE DOWNLOAD, USE, OR INABILITY TO USE THE SOFTWARE, OR INFORMATION YOU RECEIVE WHEN USING THE SOFTWARE. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY UNDER THESE TERMS, OR THE PRIVACY STATEMENTS, EXCEED THE LESSER OF $10 OR THE COST OF THE SOFTWARE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Protected Parties' liability shall be limited to the extent permitted by law.

Termination. This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. No notice shall be required from the Company to effect such termination. You may terminate this Agreement at any time by uninstalling the Software. Upon any termination of this Agreement, you must uninstall and destroy all copies of the Software.

Compliance With Applicable Laws. You must comply with all applicable laws, including export control laws.

Export Laws. The Software, and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

Applicable Law. This Agreement shall be interpreted under, governed under, and construed by the laws of Barbados, without regard to its rules governing the conflict of laws. Venue for any legal action shall be proper in Barbados and you and the Company each expressly consent to venue and jurisdiction therein.

General. This Agreement sets forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign this Agreement without the Company's explicit consent. This Agreement may change in the future. The Company may notify you of any such changes by posting such changes on the Software Website (www.spamextract.com) or sending notice via email, postal mail or other means. Your continued use of the Software following such change shall be deemed to be your acceptance of any such modification. If you do not agree to any such modification, you must immediately stop using the Software and your only remedy is to discontinue using the Software. You are responsible for fees associated with gaining access to the Software, including the fees associated with the equipment necessary to access the Internet and the fees charged by your ISP.

Reservation of Rights. All rights not expressly granted in this Agreement are reserved by the Company.

Microsoft and Microsoft Windows are trademarks of the Microsoft Corporation in the United States and/or other countries. Microsoft does not endorse and is not affiliated with Oemtec, Ltd. or any of its products.