Total Access Emailer Licensing Terms

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.

The SOFTWARE is available in a Standard Version and a Professional Version. The Professional Version includes a programmatic interface and Runtime License.

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.

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:

1. Each developer using the SOFTWARE owns a Runtime License.
2. Your application adds substantial value to the SOFTWARE and is not a standalone email program.
3. Your application does not attempt to replicate the interactive user interface of the SOFTWARE.
4. Your application is not a freeware or shareware product.
5. You only distribute the designated redistributable files and no other files of the SOFTWARE.
6. 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.
7. 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.

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:

1. You have not distributed applications including the SOFTWARE with the Runtime License.
2. The recipient agrees to all terms of the FMS Software License Agreement.
3. You provide all original materials including software disks or compact disks, and any other part of the SOFTWARE’s physical distribution to the recipient.
4. You remove all installations of the SOFTWARE.
5. 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 IMPLIED.

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.

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.