Genie Mail Backup 8.0

EULA - End User License Agreement

END LICENSE AGREEMENT
PLEASE READ THIS DOCUMENT (THIS "AGREEMENT") CAREFULLY BEFORE USING THE SOFTWARE PROVIDED ALONG WITH THIS AGREEMENT (THE "SOFTWARE"). BY CLICKING "I ACCEPT THE TERMS IN THE LICENSE AGREEMENT", YOU AGREE TO THE TERMS OF THIS AGREEMENT AND TO THE GENIE9 PRIVACY POLICY, WHICH IS INCORPORATED IN THIS AGREEMENT AND CAN BE FOUND AT GENIE9'S WEBSITE (HTTP://WWW.GENIE9.COM/ABOUTUS/PRIVACY.HTML). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY DELETE AND DESTROY ALL COPIES OF THE SOFTWARE.

1. Evaluation License:
GENIE ARCHIVE FOR OUTLOOK grants to you a non-exclusive, non-transferable, Evaluation License for trial and evaluation of the Licensed Software, in binary object code form, for a period of thirty (30) days from the date of download or installation. This License begins upon downloading or installing the Licensed Software and ends thirty (30) days thereafter ("Evaluation Period").

If you are not willing to use the Licensed Software, either the Free Edition or the Professional Edition, after the Evaluation Period, Licensee agrees to remove the software from Licensee's computer with immediate effect. You are forbidden from using the Licensed Software for any other use or otherwise offering it for resale under the terms of this Section 1. GENIE ARCHIVE FOR OUTLOOK retains all rights not specifically granted to you herein.

2. Commercial License:
As part of your choosing to license the Licensed software, GENIE ARCHIVE FOR OUTLOOK grants you a fee-bearing, non-exclusive, non-transferable, world-wide license to Use the Licensed Software including user documentation that you have downloaded from or received on media provided by GENIE ARCHIVE FOR OUTLOOK, including all updates, where applicable, provided that such access and Use of the License Software is in accordance with the Single Installation License granted by GENIE ARCHIVE FOR OUTLOOK. "Use" means storing, locating, installing, executing or displaying the License Software. "Single Installation License" means that one copy of the Licensed Software can be installed only in one CPU.

3. License to Use
One copy of the evaluation version of GENIE ARCHIVE FOR OUTLOOK may be used by a single person for evaluation purposes without charge up to 30 days. Subsequent downloads of the evaluation version by or for the same user do not extend, renew, or otherwise restart the term of the license for the evaluation version.

One copy of the registered version of GENIE ARCHIVE FOR OUTLOOK may be used by a single person who uses the software personally. The registered version of GENIE ARCHIVE FOR OUTLOOK may not be rented, loaned, leased, licensed, or otherwise used, by anyone other than the individual who has registered the software.

Site licenses for GENIE ARCHIVE FOR OUTLOOK may be obtained from Genie9.com Corp which cover multiple users at one location or multiple users within a business entity.

You may make a reasonable number of copies of the registered version of the software for backup and archival purposes. You also agree that you may not reverse assemble, reverse compile, or otherwise translate the Program.

No Additional Licenses
All rights to the GENIE ARCHIVE FOR OUTLOOK software and documentation not expressly granted under this Agreement are reserved to Genie9.com Corp. You may not translate, decompile, disassemble or reverse engineer the GENIE ARCHIVE FOR OUTLOOK software or documentation.

4. Technical Support:
Genie9 provides support that includes email support for problem reporting, product updates, upgrades and online access to product documentation to registered and non-registered users. For contact: http://www.genie9.com/support/default.html

5. Ownership and Intellectual Property:
Genie9 owns all right, title and interest in and to the Licensed Software. Genie9 expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Licensed Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you by Genie9.

6. Warranty Disclaimer:
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH GENIE ARCHIVE FOR OUTLOOK MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. IN PARTICULAR, GENIE9.COM CORP SHALL HAVE NO LIABILITY FOR ANY DATA STORED OR PROCESSED WITH THIS SOFTWARE, INCLUDING THE COSTS OF RECOVERING SUCH DATA. THE USER MUST ASSUME THE ENTIRE RISK OF USING THIS PROGRAM. ANY LIABILITY OF GENIE9.COM CORP. WILL BE LIMITED EXCLUSIVELY TO PRODUCT EPLACEMENT OR REFUND OF PURCHASE PRICE.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Genie9 OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF Genie9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Limitation of Liability:
Genie9's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS END USER LICENSE SHALL NOT EXCEED ONE DOLLAR (US $1.00).

USE OF THIS PRODUCT FOR ANY PERIOD OF TIME CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND SUBJECTS YOU TO ITS CONTENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THIS LANGUAGE MAY NOT APPLY. IN SUCH CASE, GENIE9.COM INC'S LIABILITIES WILL BE LIMITED BY THE ABOVE LIMITATION OF REMEDIES PROVISION.

8. Indemnification:
User agrees to indemnify and hold Genie9, contractors, suppliers and its and their employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of these Terms by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.

9. Termination:
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to Genie9 all copies of the Licensed Software in your possession. Genie9 may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of this Agreement. Upon termination, you shall destroy or return to Genie9 all copies of the Licensed Software and certify in writing that all know copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.

10. Notice
All notices to a party shall be in writing and shall be made either via email or conventional mail. Genie9 may broadcast notices or messages through the Service to inform User of changes to the Terms, the Service, or other matters of importance; such broadcasts shall constitute notice to User.

11. Proprietary Rights To Content
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service ("Content") by Genie9 or Genie9's Advertisers ("Advertiser"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.

Copyright (c) 2008 Genie9, Corp. All rights reserved.