SendSafe System License Agreement
PURCHASE OF A LICENSE AND (OR) USE OF THIS PRODUCT AND (OR) SIGNING OF THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR AGREEMENT TO ABIDE BY THEM.
ANY AND ALL SOURCE CODE PROVIDED WITH THIS PRODUCT AND PROCESSES IMPLEMENTED BY SAID SOURCE CODE ARE A TRADE SECRET OF KJB SOFTWARE DEVELOPMENT INC. YOU, THE END USER, MUST MAKE ALL EFFORTS TO KEEP THIS SOURCE CODE AND PROCESSES THEREOF CONFIDENTIAL AND SECRET AND NOT DISSEMINATE THE SOURCE CODE OR KNOWLEDGE OF ITS PROCESSES IN PART (OR WHOLE) IN ANY FORM TO ANY THIRD PARTY.
(1) This is a legal agreement between you the "End User" and KJB Software Development Inc. By using this software package in any way or form you, the End User, is agreeing to be bound by the terms of this agreement.
(2) You, the original purchaser, are granted a nonexclusive license to use this software and source code under the terms of this agreement. This license allows you to use the software and source code on one computer at the same time for the duration of your SendSafe software subscription and to service and operate no more than 5 domain names and (or) storefronts on this same computer. You must purchase an additional license for each additional set of 5 storefronts and (or) domain names for which you wish to use SendSafe. You may not rent, lease, or give away this software product.
(3) THE SOFTWARE AND ACCOMPANYING DOCUMENTATION AND SOURCE CODE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE END USER.
(4) This software and source code package contains valuable, Confidential Information and Trade Secrets which you, the End User, agree to protect. The Source code provided with this product is a Trade Secret of KJB Software Development Inc. You, the End User, must make all efforts to keep this Source code confidential and secret and not disseminate it in part (or whole) in any form to any third party. You, the End User, agree to restrict circulation of Confidential Information or Trade Secret information including source code in your organization to those employees who need to receive said information and source code in order to carry out their jobs as employees and to hold in confidence all Confidential Information and Trade Secrets and Source Code made available to them and to use the Confidential Information and Trade Secrets and Source Code only for authorized purposes. You, the End User, shall not provide, post, distribute, discuss, communicate, or make available in any way or in any form the source code to any third party. You, the End User, shall take all measures necessary to keep secret and prevent the source code and software from being accessed or downloaded off any computer system. These measures must include among other things denying all remote read access permission to any directory that contains any source code include files. You, End User shall not include any portion of the source code or algorithmic logic in any other product or document. You, the End User, shall not sell, lease, rent, give away, or in any manor disseminate or make available the source code. You, the End User, may not use the Product or any portion of the Source code to design, create, develop or test software or other products. You, the End User, may not release the results of any performance or functional evaluation or benchmarking of the Product to any third party without prior written approval of KJB Software Development Inc. for each such release. YOU, THE END USER, AGREE KJB SOFTWARE DEVELOPMENT INC. WILL NOT BE HELD LIABLE FOR DIRECT OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES DUE TO THE LOSS OF DATA, LOSS OF BUSINESS REVENUES, LOSS OR MISUSE OF CUSTOMER CREDIT CARD INFORMATION, BUSINESS INTERRUPTION, LOSS OF CUSTOMERS, OR ANY OTHER TYPE OF LOSS OR LIABILITY FOR ANY REASON. IN NO EVENT SHALL KJB SOFTWARE DEVELOPMENT INC. BE LIABILITY FOR ANY DAMAGES OR LOSS IN EXCESS OF ONE HUNDRED DOLLARS.
(5) You the "End Purchaser" or "End User" agree to all current and future terms and conditions stated on the "Policies and Terms" page of this website.
(6) STATEMENTS AND (OR) EVALUATIONS OF COMMERCE SECURITY ARE NOT A GUARANTEE OF PROTECTION EITHER IMPLIED OR STATED. KJB SOFTWARE DEVELOPMENT INC. IS NOT RESPONSIBLE FOR LOSS OF DATA, MONEY, OR BUSINESS. USE OF THE JSOF SYSTEM IS COMPLETELY AT THE RISK OF THE END USER OR PURCHASER OF THE JSOF SYSTEM AND NOT KJB SOFTWARE DEVELOPMENT INC. ALL LEGAL OBLIGATIONS AND RESPONSIBILITIES FOR USE OR LOSS ARE ASSUMED BY THE PURCHASER AS A CONDITION OF PURCHASE OR THE END USER AS A CONDITION OF USE OF THIS SOFTWARE. ALL OPTIONS FOR LEGAL RECOURSE AGAINST KJB SOFTWARE DEVELOPMENT INC ARE WAIVED BY THE PURCHASER AND END USER AS A LICENSED CONDITION OF THIS PURCHASE AND PERMISSION TO USE.
(7) KJB SOFTWARE DEVELOPMENT INC. IS NOT RESPONSIBLE FOR LOST OR STOLEN CREDIT CARD NUMBER INFORMATION OR OTHER BUSINESS OR PERSONAL INFORMATION. KJB SOFTWARE DEVELOPMENT INC. IS NOT (AND CANNOT BE) IN CONTROL OF THE SECURITY OF AN END USER'S WEB SITE AND SENDSAFE INSTALLATION AND CONFIGURATION AND CHANGED MADE TO SOURCE CODE. WEB SITE HTTPS INTERNET DATA TRANSFER SECURITY AS CONFIGURED IN SENDSAFE IS PROVIDED BY OTHER PARTIES WHICH HAVE PROVIDED THE WEB SERVER SOFTWARE AND THE DIGITAL SITE CERTIFICATES NEEDED TO ENABLE HTTPS WEB SERVER ENCRYPTION. BY USING SENDSAFE YOU, THE END USER, AGREE TO ACCEPT THESE TERMS AND AGREE TO HOLD KJB SOFTWARE DEVELOPMENT INC HARMLESS FOR ALL AND ANY LOSE, CONSEQUENTIAL, DIRECT, OR INDIRECT. ALL LEGAL OBLIGATIONS AND RESPONSIBILITIES FOR USE OR LOSS ARE ASSUMED BY THE PURCHASER AS A CONDITION OF PURCHASE OR THE END USER AS A CONDITION OF USE OF THIS SOFTWARE. ALL OPTIONS FOR LEGAL RECOURSE AGAINST KJB SOFTWARE DEVELOPMENT INC ARE WAIVED BY THE PURCHASER AND END USER AS A LICENSED CONDITION OF THIS PURCHASE AND PERMISSION TO USE.
(8) YOU, THE END USER, AGREE TO ABIDE BY ALL EXPORT RESTRICTIONS AND LIMITATIONS. THE SENDSAFE JSOF SYSTEM CONTAINS EMBEDDED ADVANCED ENCRYPTION LOGIC. YOU, THE END USER, OF THIS SOFTWARE AGREE TO NOT EXPORT OR REEXPORT THE SOFTWARE EXCEPT IN FULL COMPLIANCE WITH ALL UNITED STATES AND OTHER APPLICABLE LAWS AND REGULATIONS. THE CODE MAY NOT BE DOWNLOADED OR OTHERWISE EXPORTED OR REEXPORTED IN ANY FORM (I) INTO (OR TO A NATIONAL RESIDENT OF) CUBA, IRAQ, LIBYA, SERBIA, SUDAN, NORTH KOREA, IRAN, SYRIA OR THE TALIBAN-CONTROLLED AREAS OF AFGHANISTAN, OR TO ANYONE ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS, THE U.S. COMMERCE DEPARTMENT'S TABLE OF DENY ORDERS OR THE U.S. COMMERCE DEPARTMENT'S ENTITY LIST.
(9) You, the End User, agree to not remove any trademark, copyright, trade secret notices, or other notifications or marks of ownership found in the source code or compiled code.
(10) It is expressly agreed to by you, the End user that monetary damages would be inadequate to compensate KJB Software Development Inc for any breach of the Confidentially, Trade Secrets, and Resell covenants and agreements hereof. Accordingly, you, the End User agree and acknowledge that any such violation or threatened violation will cause irreparable injury and that, in addition to any other remedies which may be available, KJB Software Development Inc. shall be entitled to injunctive relief against the threatened breach of any sections hereof or the continuation of any such breach without the necessity of proving actual damages and may seek to specifically enforce the terms thereof.
(11) This Agreement shall be construed and enforced in accordance with the laws of the State of Texas or New Mexico. Any action or processing brought by either party against the other arising out of or related to the Agreement shall be brought only in a State or Federal Court of competent jurisdiction in Dallas, Texas or Las Cruces, New Mexico; with the choice of venue at the sole discretion of KJB Software Development Inc. The parties hereby agree to in personam jurisdiction of said courts.
(12) You, the End User, agree to not reverse engineer or in any way attempt to expose, discover, or extrapolate the internal workings of the compiled SendSafe code.
(13) If any provision of the Agreement is found void, invalid, or unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.
(14) This license agreement, the SendSafe complied code, and the SendSafe source code is not transferable or sellable under any conditions. You can not sell SendSafe. These restrictions are required to insure the confidentiality of the trade secret of the SendSafe GUI source which you have received as part of the purchase of the SendSafe License.
(15) This license agreement, the SendSafe complied code, and the SendSafe source code is not re-sellable under any conditions. You, the End User, can not resell SendSafe. These restrictions are required to insure the confidentiality of the trade secret of the SendSafe source which you, the End User, have received as part of the purchase of this SendSafe License.
(16) Due to the source code included in all software products, all software license sales and subscriptions are final. No refunds.
(17) The SendSafe e-commerce system authenticates license permission on a continuous basis. Internet access for the SendSafe robot is required at all times for the e-commerce system to continue running. If the SendSafe robot does not have internet access or your subscription has expired then the SendSafe e-commerce system will stop processing orders. You, the End User, agree not to modify any portion of the code which is used for enforcement of licensing without written permission from KJB Software Development Inc.
(18) Unless specifically stated otherwise in writing in this agreement, any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid, with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing next to their signature hereto, but each party may change such party's address by written notice in accordance with this section. Notices delivered personally shall be deemed to be received as of actual receipt and mailed notices shall be deemed to be received as of three (3) days after mailing unless otherwise provided.
(19) This Agreement may not be modified or amended in whole or in part except by written instrument signed by both parties hereto.
(20) This Agreement and the rights and obligations hereunder shall be binding upon and inure to the benefit of KJB Software Development Inc and the End User and their respective heirs, personal representatives, successors and permitted assigns.
(21) All SendSafe source code and compiled binary code is © Copyright KJB Software Development Inc. d/b/a C Prompt 1996 - 2006. All Rights not specifically granted by this license are reserved.