Total Access Emailer Licensing Terms
YOU MUST AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE YOU
CAN INSTALL OR USE THE SOFTWARE.
IF YOU DO NOT ACCEPT THE TERMS OF THE LICENSE AGREEMENT FOR THIS OR
ANY FMS SOFTWARE PRODUCT, YOU MAY NOT INSTALL OR USE THE SOFTWARE. YOU
SHOULD PROMPTLY RETURN ANY FMS SOFTWARE PRODUCT FOR WHICH YOU ARE
UNWILLING OR UNABLE TO AGREE TO THE TERMS OF THE FMS SOFTWARE LICENSE
AGREEMENT FOR A REFUND OF THE PURCHASE PRICE.
Ownership of the Software
The enclosed software program ("SOFTWARE") and the accompanying
written materials are owned by FMS, Inc. or its suppliers and are
protected by United States copyright laws, by laws of other nations, and
by international treaties. You must treat the SOFTWARE like any other
copyrighted material except that you may make one copy of the SOFTWARE
solely for backup or archival purpose, and you may transfer the SOFTWARE
to a permanent storage device.
Grant of License
The SOFTWARE is available in a Standard Version and a Professional
Version. The Professional Version includes a programmatic interface and
The SOFTWARE is available on a per license basis. Licenses are
granted on a PER USER basis. For each license, one designated person can
use the SOFTWARE on one computer at a time.
Use and Redistribution Rights
This SOFTWARE license is for one user only. A Runtime License can be
purchased as part of the Professional Version. The Runtime License
grants limited redistribution rights. The Runtime Library Database is
available to distribute applications that use the email settings created
with Total Access Emailer. The Runtime License provides the
non-exclusive, royalty-free right to incorporate email blasts from Total
Access Emailer in your applications, provided that:
Each developer using the SOFTWARE owns a Runtime License.
Your application adds substantial value to the SOFTWARE and is
not a standalone email program.
Your application does not attempt to replicate the interactive
user interface of the SOFTWARE.
Your application is not a freeware or shareware product.
You only distribute the designated redistributable files and no
other files of the SOFTWARE.
If you claim a copyright, you must add a clause stating "Portions
of this program are copyright Total Access Emailer from FMS, Inc.",
and do not claim ownership of the SOFTWARE.
You agree to indemnify, hold harmless, and defend FMS and its
suppliers or contractors from and against any claims or lawsuits,
including attorneys’ fees, which arise or result from the use or
distribution or other activities relating to your applications.
Under no circumstances may you attempt to reverse engineer this
product. You may not rent or lease the SOFTWARE, but you may transfer
the SOFTWARE and the accompanying written materials on a permanent basis
provided you retain no copies and the recipient agrees to the terms in
this SOFTWARE License. Ownership transfers must be reported to FMS, Inc.
in writing and are not accepted if the original developer already
distributed applications using the SOFTWARE.
Transfer of License
If your SOFTWARE is marked, "NOT FOR RESALE," you may not sell or
resell the SOFTWARE, nor may you transfer the FMS Software license.
If your SOFTWARE is not marked, "NOT FOR RESALE," you may transfer
your license of the SOFTWARE to another user or entity provided that:
You have not distributed applications including the SOFTWARE with
the Runtime License.
The recipient agrees to all terms of the FMS Software License
You provide all original materials including software disks or
compact disks, and any other part of the SOFTWARE’s physical
distribution to the recipient.
You remove all installations of the SOFTWARE.
You notify FMS, in writing, of the ownership transfer.
If you discover physical defects in the media on which this SOFTWARE
is distributed, or in the related manual, FMS, Inc. will replace the
media or manual at no charge to you, provided you return the item(s)
within 60 days after purchase.
ALL IMPLIED WARRANTIES ON THE MEDIA AND MANUAL, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
LIMITED TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THIS PRODUCT.
Although FMS, Inc. has tested this program and reviewed the
documentation, FMS, Inc. makes no warranty or representation, either
expressed or implied, with respect to this SOFTWARE, its quality,
performance, merchantability, or fitness for a particular purpose. As a
result, this SOFTWARE is licensed "AS-IS", and you are assuming the
entire risk as to its quality and performance.
IN NO EVENT WILL FMS, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, OR
INABILITY TO USE THIS SOFTWARE OR ITS DOCUMENTATION.
THE WARRANTY AND REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE
EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR
Some states do not allow the exclusion or limitation of implied
warrantees or liability for incidental or consequential damages, so the
above limitations or exclusions may not apply to you. This warranty
gives you specific legal rights; you may also have other rights that
vary from state to state.
U.S. Government Restricted Rights
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c) (1) and (2) of the Commercial Computer Software -
Restricted Rights at 48 CFR 52.227-19, as applicable.