This Email End User License Agreement ("Agreement") is by and between InfoQuest Technologies, Inc. ("INFOQUEST" ), a/an Pennsylvania corporation, and you, your heirs, assigns, agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of the INFOQUEST Email Software ("Email"). Your use of Email constitutes Your agreement to all such terms and conditions. By using Email, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which INFOQUEST may establish from time to time.
1. SOFTWARE AND SERVICE DETAILS
THE SOFTWARE
INFOQUEST grants You a non-exclusive license to use Email for the purpose of retrieving, viewing, composing, and sending electronic mail and for other such electronic mail purposes as are ordinary and customary. You are free to use Email on any computer, but not on two or more computers at one time.
You may customize or modify the appearance of Email as provided and allowed by the instructions. You may not otherwise alter or modify the Software. You are not authorized to combine Email with any other software program, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon Email.
THE SERVICES
By using Email, You agree to be bound by INFOQUEST's Email Services User Agreement. INFOQUEST explicitly reserves the right to terminate Your license if it comes to INFOQUEST's attention that You are using Email for objectionable activities, including sending unsolicited email or SPAM; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; or activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; activities designed to harm minors in any way.
2. INFOQUEST's RIGHTS
INFOQUEST retains all rights to this Software. Email and any copies that You are authorized to make are the intellectual property of INFOQUEST. The source code and its organization are the exclusive property of INFOQUEST and Email is protected by copyright, including United States Copyright Law. You agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Except as expressly stated in Section I above, this Agreement does not grant you and rights in Email and all rights are reserved by INFOQUEST.
INFOQUEST reserves the right to:
A. Modify Pricing through email notification.
B. Terminate Your license for unsolicited, commercial e-mailing; illegal access to other computers or networks (i.e. hacking); distribution of Internet Viruses or like destructive activities; and other activities whether lawful or unlawful that we determine harmful to subscribers, operations, and reputation.
C. Terminate Your license if the contents of Your email result in or are the subject of, legal action or threatened legal action, against INFOQUEST or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your license shall be done solely by INFOQUEST, and in doing so, INFOQUEST shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.
3. LIABILITY AND INDEMNIFICATION
INFOQUEST provides Email 'as is' and without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall INFOQUEST be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect special, incidental, or consequential damages of any kind, even if INFOQUEST has been advised of the possibility of such damages arising from any defect or error in the Software. You shall indemnify, defend by counsel reasonably acceptable to INFOQUEST, protect and hold INFOQUEST harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or relating to Your use of Email.
4. SEVERABILITY
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
5. VENUE; WAIVER OF TRIAL BY JURY
This agreement shall be deemed entered into the state of Pennsylvania. The laws and judicial decisions of Dauphin County, Pennsylvania, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Dauphin County, Pennsylvania.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this agreement.
6. NOTICES
You agree that all notices (except for notices concerning breach of this Agreement) from INFOQUEST to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address You have on file with INFOQUEST. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to INFOQUEST shall be made either by first class mail, email, or facsimile to the address we provide on our Web site.
Revised: 03/22/2007