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FREE FOR NON-COMMERCIAL USE END USER LICENSE AGREEMENT
RUCKUS MailFILTER (TM) NON-COMMERCIAL VERSION 1.1 END USER LICENSE AGREEMENT (EULA) INTRODUCTION FPSN.NET Development, Inc. (FPSN) is willing to license a single, non-commercial installation of Ruckus MailFILTER Non-Commercial Version 1.1 Software (Software) to you (User) upon the conditions that User accepts all of the terms of this Non-Commercial Version License agreement (Agreement). Please read these terms carefully before installing or using the Software. By installing or using the Software, User consents to be bound by, and become a party to, this Agreement. If User does not agree to all of the terms of this Agreement, FPSN is unwilling to license the Software to User, and User should not install or use the Software. USER QUALIFICATION REQUIREMENTS To qualify for a single, Non-Commercial Version License, User must: (1) be a Non-Commercial User as defined herein, and use the Software for non-commercial purposes, only, as defined herein; or (2) be an Educational User, as defined herein; or (3) be an Excluded Contractor, as defined herein. If User does not qualify for a Non-Commercial Version License, then User should discontinue the downloading or installation process and should contact FPSN to purchase a Commercial Use License or obtain a Limited Evaluation License. Please contact the Director of Business Development at FPSN.NET Development, Inc., 910 Grape Ave., Boulder, CO 80304 or use the on-line Sales Inquiry form for additional details. DEFINITIONS FPSN reserves the right to further clarify or modify definitions of the terms Non-Commercial User, Educational User and Excluded Contractor at its sole discretion NON-COMMERCIAL USE OR PURPOSE Use of the Software for personal use without being paid or otherwise compensated for that use, or use by educational entities. For the avoidance of doubt as to the definition of Non-Commercial Use or Purpose, the following are considered examples of commercial uses or purposes of the Software: 1) use at or for a commercial enterprise; 2) use for financial gain, personal or otherwise; 3) use by government agencies; 4) use by a telecommunication or Internet service provider company; 5) use at home or while traveling for work for which User will be paid or otherwise compensated; 6) use in connection with administering a commercial mail server; 7) use in connection with the provision of professional service for which User is compensated (including paid system administration); 8) bundling or integrating the Software with any hardware product or another software product for sale or commercial enterprise. NON-COMMERCIAL USER The term Non-Commercial User is limited to the following: individual users who use the Software for personal use (such as connecting to an ISP for personal use, hobby, recreational, or educational purposes); and to non-profit organizations (such as public libraries, charities, and other organizations created for the promotion of social welfare). EDUCATIONAL USER. The term Educational User is limited to the following entities and individuals: universities or other educational institutions (such as pre-schools, elementary schools, middle or junior high schools, high schools, and community or junior colleges); and to the students, faculty members, researchers, administrators, support staff, and employees of the educational institution when acting in that capacity. EXCLUDED CONTRACTOR. The term "Excluded Contractor" is limited to independent, solo contractors while performing work for a Non-Commercial Entity or Educational User in an individual capacity. GRANT OF LICENSE Provided that User qualifies for a Non-Commercial Version License as specified above, and subject to the terms and conditions contained herein, FPSN hereby grants User, an end user, a personal, non-transferable, non-exclusive, non-sublicensable license to install and use the Software, free of charge, for non-commercial purposes only. In addition, subject to the terms and conditions contained herein and provided that User meets the requirement specified above for an Non-Commercial Version License, FPSN hereby grants to User, an end user, a non-transferable, non-exclusive, non-sublicensable license, free of charge, to: (1) modify and make derivative works (such as software patches, bug fixes, or the creation of additional features) to the Software; and, (2) to make copies of the Software as necessary to make such modifications and derivative works, all for non-commercial purposes only, provided that User hereby grants to FPSN a royalty-free, non-exclusive, irrevocable, worldwide, perpetual right to use, copy, modify, make derivative works of, market, sell, distribute, integrate, license and sublicense the modifications and derivative works that User creates. FPSN and/or its licensors reserve all rights not expressly granted to User herein. This license is not a sale of the Software or any copy of the Software. The Software contains valuable trade secrets of FPSN and its licensors. All worldwide ownership of and all rights, titles and interests in and to the Software, and all copies and portions of the Software, including without limitation, all intellectual property rights therein and thereto, are and will remain exclusively with FPSN. The Software is protected, among other ways, by the copyright laws of the United States and international copyright treaties. All rights not expressly granted herein are retained by FPSN and its licensors. USE RESTRICTIONS User may not: 1) use the Software, except under the terms listed above; 2) modify, translate, reverse engineer, de-compile, disassemble or otherwise attempt to reconstruct or discover the source code from the binaries of the Software, except to the extent applicable laws specifically prohibit such restriction and except that User may create patches, bug fixes or additional features and bundle or distribute the Software with certain operation systems as specified above; 3) copy the Software (except for making modifications for non-commercial purposes as specified above); 4) rent, lease, sublicense, convey, distribute or otherwise transfer rights to the Software; 5) remove any product identification, copyright, proprietary notices or labels from the Software; or 6) use any FPSN trademarks in any manner other than their presence within User’s copy of the Software without written permission of FPSN. Any and all copies made by User as permitted hereunder must contain all of the original Software's copyright, trademark and other proprietary notices and marks. MAINTENANCE, SUPPORT AND UPDATES FPSN is under no obligation to maintain or support or update the Software in any way, or to provide updates or error corrections. CONFIDENTIALITY The Software and any license authorization codes are confidential and proprietary information of FPSN. User agrees to take adequate steps to protect the Software and any license authorization codes, if any, from unauthorized disclosure or use. User agrees that User will not disclose the Software, in source code or object code form, to any third party, except as otherwise provided herein. WARRANTY FPSN expressly disclaims all warranties, whether express, implied or statutory, including, without limitations, the implied warranties of merchantability, or fitness for a particular purpose, non-infringement of third party intellectual property rights, and any warranty that may arise by reason of trade usage, custom, or course of dealing. Without limiting the foregoing, User acknowledges that the software is provided as is and that FPSN does not warrant that the software will run uninterrupted or error free nor that the software will operate with hardware and/or software not provided by FPSN. This disclaimer of warranty constitutes and essential part of the Agreement. LIMITED LIABILITY The User assumes the entire risk as to results and performance of the software. Under no circumstances will FPSN or its licensors be liable for any direct or special, indirect, incidental, exemplary or consequential damages of any kind or nature whatsoever, whether based on contract, warranty, tort (including negligence), strict liability or otherwise, arising out of or in any way related to the software or this agreement, even if FPSN or its licensors have been advised of the possibility of such damage or is such damage could have been reasonably foreseen, and notwithstanding any failure of essential purpose of any exclusive remedy provided in this Agreement. Such limitation on damages includes, but is not limited to, damages for loss of goodwill, lost profits, loss of data or software, work stoppage, computer failure or malfunction or impairment of other goods. In no event will FSPN or its licensors be liable for the costs of procurement of substitute software or services. In addition, in no event with the total liability of FPSN in connection with this Agreement or the software exceed the actual amount paid to FPSN, if any, for the software giving rise to the claim. User acknowledges that this software is not designed or licensed for use in on-line equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or life-critical applications. FPSN expressly disclaims any liability resulting from use of the software in any such on-line equipment in hazardous environments and accepts no liability in respect of any actions or claims based on the use of the software in any such on-line equipment in hazardous environments by the User. For purposes of this paragraph, the term life critical application means an application in which the functions or malfunctioning of the software may result directly or indirectly in physical injury or loss of human life. TERMINATION This Agreement will terminate immediately and automatically without notice if User breaches any provision in this Agreement. Upon termination User will remove all copies of the Software or any part of the Software from any and all computer storage devices and destroy the Software. At FPSN's request, User or User’s authorized signatory, will certify in writing to FPSN that all complete and partial copies of the Software have been destroyed and that none remain in User’s possession or under User’s control. The provisions of this Agreement, except for the license grant and warranty, will survive termination. U.S. GOVERNMENT RIGHTS If User uses the Software by or for any unit or agency of the United States Government, this provision applies. The Software shall be classified as "commercial computer software", as that term is defined in the Federal Acquisition Regulation (the "FAR") and its supplements. FPSN represents that the Software was developed entirely at private expense, that no part of the Software was first produced in the performance of a Government contract, and that no part of the Software is in the public domain. RESTRICTED RIGHTS Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is FPSN.NET Development, Inc. 910 Grape Ave. Boulder Colorado, 80304, United States. EXPORT LAW User acknowledges and agrees that the Software may be subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the regulations thereunder. User agrees and certifies that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred, or re-exported, directly or indirectly, into any country, except pursuant to an export control license under the Act and the regulations thereunder, or will be used for any purpose prohibited by the same. By using the Software, User acknowledges and agrees to the foregoing, and User represents and warrants that User will comply with all of the United States and other applicable country laws and regulations when either exporting or re-exporting or importing the Software or any underlying information technology. Further, User represents and warrants that User is not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria or a party listed in the U.S. Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals. GOVERNING LAW This Agreement is governed by the laws of the State of California without regard to conflict of laws rules and principles. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. MISCELLANEOUS If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby. No delay or failure by either party to exercise or enforce at any time any right or provision hereof shall be considered a waiver thereof or of such party's right thereafter to exercise or enforce each and every right and provision of this Agreement. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. User may not assign this Agreement in whole or in part, without FPSN's prior written consent. Any attempt to assign this Agreement without such consent will be null and void. This Agreement is the complete and exclusive statement between User and FPSN relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties, if any. In the case of any conflict between the terms of this Agreement and the provisions of any purchase order for the Software, the terms of this Agreement shall control. Do you agree to the Terms and Conditions of this license:

generated: Sun Feb 5 17:58:21 MST 2012