End User License Agreement
THIS LICENSE AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, CALIFORNIA AND SHALL INURE TO THE BENEFIT OF SALT CREEK MEDIA OR ITS ASSIGNS.
END USER LICENSE AGREEMENT
Whats Mailing ("Whats Mailing") and accompanying documentation is licensed and not sold. This Online Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Salt Creek Media or its subsidiaries, affiliates, and suppliers (collectively "Salt Creek Media") own all intellectual property rights in Whats Mailing Data Systems. The Licensee's ("you" or "your") license to download, use, copy, or change Whats Mailing is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
Whats Mailing Data Systems and Salt Creek Media is protected by Federal Copyright Law. Salt Creek Media retains the title to and ownership of Whats Mailing Data Systems. You are licensed to use Whats Mailing on the following terms and conditions:
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY LOGGING IN AND USING WHATS MAILING. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD WHATS MAILING. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT LOGIN, INSTALL, USE, COPY or OTHERWISE INTERACT WITH WHATS MAILING.
The licensee is defined as the individual or company utilizing Whats Mailing. Salt Creek Media hereby grants the licensee a nonexclusive license authorizing the licensee to use Whats Mailing Systems. Please contact Salt Creek Media if you require additional license or access. Use of this product by more than one individual or by anyone other than the licensee terminates, without notification, this license and the right to use this product. This Agreement entitles you to login and use Whats Mailing. This Agreement does not permit the installation or use of multiple copies of Whats Mailing, or the installation of Whats Mailing on more than one computer or web site at any given time, on a system or server that allows shared used of applications, on a multi-user network, the Internet, or on any configuration or system of computers that allows multiple use. For further information regarding multiple copy licensing of Whats Mailing, please contact Salt Creek Media.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for Whats Mailing. You may not modify Whats Mailing or create any derivative work of Whats Mailing or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of Whats Mailing.
DISCLAIMER OF NO WARRANTIES
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SALT CREEK MEDIA, SALT CREEK MEDIA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF SECURITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH WHATS MAILING.
Salt Creek Media expressly disclaims any warranty for Whats Mailing. Whats Mailing is provided as is without any express or implied warranty of any kind, including but not limited to any warranties of SECURITY or fitness of a particular purpose. Salt Creek Media does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within Whats Mailing. Salt Creek Media makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Salt Creek Media further expressly disclaims any warranty or representation to Authorized Users or to any third party.
Salt Creek Media makes no warranty that our online Software Products will meet your requirements or operate under your specific conditions of use. Salt Creek Media makes no warranty that operation of our online Software Product will be completely secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER Whats Mailing SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF Whats Mailing TO MEET YOUR REQUIREMENTS. Salt Creek Media WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
LIMITATION OF LIABILITY
LIMITATION OF LIABILITY In no event shall Salt Creek Media be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of Authorized Users' use of or inability to use Whats Mailing, even if Salt Creek Media has been advised of the possibility of such damages. In no event will Salt Creek Media be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Salt Creek Media shall have no liability with respect to the content of Whats Mailing or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
UNDER NO CIRCUMSTANCES SHALL SALT CREEK MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF WHATS MAILING, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SALT CREEK MEDIA OR ANY OTHER PARTY, EVEN IF SALT CREEK MEDIA IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS SALT CREEK MEDIAS ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or removal of access to Whats Mailing. Selection of whether to correct or remove shall be solely at the discretion of Salt Creek Media.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.