1. Acceptance of terms
Welcome to OMID SOFT Email Director. OMID SOFT provides this service to you, subject to the following terms of service, which may be updated by us from time to time without notice to you.
This License Agreement sets forth the terms and conditions of your use of OMID SOFT's service. To complete the purchase process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this agreement. This agreement will become effective when accepted by OMID SOFT. OMID SOFT may elect to accept or reject your purchase for any reason at its sole discretion.
2. Description of product
Email Director is an email application for mailing list management and distribution. In order to use the service, you must obtain access to the World Wide Web, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. Disclaimer of warranty
Email Director is distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. OMID SOFT does not warrant, guarantee, or make any representations regarding the use of, or the results of the use of, Email Director. OMID SOFT does not warrant that the operation of Email Director will be uninterrupted or error free.
4. Ownership of the computer
You represent and warrant that you are the owner of the computer that you have authorized the download and installation of the software, or the owner of the computer has authorized you to do so. You agree, with respect to all other users of the computer that you have caused the software to reside, to provide a copy of this agreement and to obtain their consent to same before allowing them to use the computer. Also, you agree not to use the software, in a manner prohibited by law, or in violation of any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in your use of the software.
5. Ownership of the software
You agree that the software and all licensed materials it might contain are licensed, not sold to you. You agree that the software and its content, including the whole website, belong to OMID SOFT, including all intellectual and proprietary rights, unless otherwise specified. OMID SOFT retains all right, title and interest in and to the software and its content at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist.
6. Non registered software product
You may distribute, for evaluation purposes only, the evaluation (non registered) version of the software only, provided that, the copy of the evaluation software is in its original form as supplied by OMID SOFT and that this distribution is free of charge.
7. Registered software product
You may not distribute, copy and provide access to the registered version of the software and any content provided by OMID SOFT that is not in the evaluation version.
All fees are non-refundable, in whole or in part, even if your service is suspended or cancelled. OMID SOFT reserves the right to amend, increase, or decrease fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
If you upgrade the Email Director to a higher-numbered version thereof, this license is terminated and your rights shall be limited to the license associated with that version.
10. Account access
To access or use the OMID SOFT services or to modify your account, you may be required to establish an account and obtain a username and password. You authorize us to process any and all account transactions initiated through the use of your username and/or password. You are solely responsible for maintaining the confidentiality of your username and password. You must immediately notify us of any unauthorized use of your username or password, and you are responsible for any unauthorized activities, charges and/or liabilities made through your username or password. In no event will we be liable for the unauthorized use or misuse of your username or password.
Customer shall indemnify and defend against any and all claims, including claims by third parties or employees of customer, which arise directly or indirectly out of customer's use or operation of the Email Director.
You are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, the product or any portion thereof.
You may make a single backup copy of the software solely for your archival purposes and to reinstall the software on the computer. However, if you would like to have the software on CD as a backup copy, or simply because you prefer a tangible product, you may order the software on CD. Except as expressly provided in this EULA or by local law, you may not otherwise make copies of the software, including the printed materials accompanying the software. You may not loan, rent, lease, lend or otherwise transfer the CD or backup copy to another user.
You are also expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the product as the product contain proprietary material of OMID SOFT. You may not otherwise modify, alter, adapt, port, or merge the product.
You may not remove, alter, deface, overprint or otherwise obscure OMID SOFT patent, trademark, service mark or copyright notices.
You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to the product, including but not limited to the object code, documentation, help files, examples, and benchmarks.
13. Limitation of liability
You agree that OMID SOFT will not be liable for any:
► Use of your service.
► Interruption of business.
► Suspension or loss of your service.
► Access delays or access interruptions to this site or the web site(s) you access by the service purchased in your name.
► Data non-delivery, mis-delivery, corruption, destruction or other modification.
► Events beyond OMID SOFT's reasonable control.
► The processing of this application.
14. Check for updates
Email Director will perform version checking. This does not involve sending information from your computer to us, but does involve the software contacting our servers to pull a list of available updates.
15. Export restrictions
You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your products incorporating or using any OMID SOFT services in violation of the laws and regulations of any applicable jurisdiction.
Email Director is subject to certain export restrictions of the United States Government.
If you are :
A. In a country to which export from the U.S. is restricted for anti terrorism reasons, or a national of any such country, wherever located.
B. In a country to which the U.S. has embargoed or restricted the export of goods or services, or a national of any such country, wherever located.
C. A person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government, then you may not install, download, access or use Email Director.
By accepting this license, you warrant and represent to OMID SOFT that :
1. You do not match the criteria set forth in (A), (B), or (C) above.
2. That you will not export or re-export the software to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (A), (B), or (C) above.
3. That neither the U.S. Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.
16. U.S. Government End Users
This software is a "commercial item", as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the software with only those rights set forth herein.
17. Special admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
All fees do not include taxes. If OMID SOFT is required to pay any taxes in connection with your order, other than taxes based on OMID SOFT's income, such taxes will be billed to and paid by you.
19. SPAM / UCE
Be aware that you are solely responsible for the messages you send. In many cases, sending unsolicited email is in violation of the law, and you will be solely accountable and liable for damages and violations. We reserve the right to suspend your account and refuse technical support if you:
► Send unsolicited email.
► Hijack a mail server relay.
► Forge header information.
► Distribute illegal information or materials.
► Put false or misleading information in the subject.
► Fail to provide a means for unsubscribing from lists.
20. Breach and revocation
OMID SOFT reserves the right to suspend, cancel, transfer or modify your service in the event:
► You materially breach this agreement and do not cure such breach within thirty (30) days of notice by OMID SOFT.
► You use the service provided to you to send unsolicited commercial advertisements in contradiction to either applicable laws or OMID SOFT's Anti SPAM Policy.
► You use your service in connection with unlawful activity.
► Grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement.
You agree that any notices required to be given under this agreement by OMID SOFT to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
OMID SOFT may terminate this agreement at any time by delivering notice to you, and you may terminate this agreement at any time by removing all copies of the product from your computer and destroying all product materials. This obligation shall survive the termination of this agreement.