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End User License Agreement For Xeams
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PLEASE READ THIS AGREEMENT BEFORE DOWNLOADING THIS SOFTWARE PACKAGE. IF YOU
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DOWNLOAD THIS SOFTWARE AND KEEP IT FOR MORE THAN THIRTY (30) DAYS, YOU ACCEPT
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ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE
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TERMS AND CONDITIONS, DO NOT DOWNLOAD OR USE THIS SOFTWARE.
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1. DEFINITION OF TERMS
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(a) Freeware: As the name implies, freeware is free of any obligation to the
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end user. You can download the program and use it indefinitely at no charge.
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You are also free to distribute it to anyone you want, provided the
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distribution is an unmodified version of what you downloaded from our Web Site.
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(b) Shareware: This is built on the concept of "try it before you buy it." A
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version of the software that is missing features or cannot be used more than a
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certain number of times or days is distributed freely.
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2. GENERAL
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The Software downloaded from this site is owned by Synametrics Technologies
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(formerly known as IndusSoft Technologies) and is protected by U.S. copyright
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laws and other laws and by international treaties.
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3. LICENSE GRANTS
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Upon your acceptance of this Software License Agreement Synametrics grants you
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a non-exclusive, non-transferable, limited license to install and use a copy of
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the Software on your compatible computer, up to the Permitted Number of
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computers.
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(a) Community Edition: Is free for home/personal environments. Message
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filtering for spam can only be used for up to 5 users and cannot be used in a
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commercial environment. This edition is not licensed for commercial use.
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• Ideal for Enthusiasts: Designed for home users, students, or small-scale
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personal projects to experience robust email security without cost.
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• Feature Availability: Includes core filtering capabilities such as Spam,
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Virus, and Phish protection to keep personal inboxes clean.
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• Community-Driven Support: Users of this edition are encouraged to utilize
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our community forums for troubleshooting and sharing best practices.
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(b) Enterprise Edition: Is based on a yearly subscription, priced by the number
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of users you have on your system. This can be used in a commercial environment.
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• Scalability for Business: Built to handle high-volume mail traffic for
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organizations of any size, from small businesses to large enterprises.
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• Compliance and Archiving: Offers advanced features for email archiving and
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discovery, helping businesses meet legal and regulatory requirements.
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• Priority Reliability: Includes access to the Subscription and Maintenance
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Package (SMP), ensuring your system always has the latest security
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definitions and performance updates.
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Other Restrictions: You may not loan, rent, lease, sublicense, distribute or
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otherwise transfer all or any portion of the Software to third parties. You may
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not copy the Software except as expressly set forth above, and any copies that
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you are permitted to make pursuant to this Software License Agreement must
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contain the same copyright, patent and other intellectual property markings
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that appear on or in the Software. You may not modify, adapt or translate the
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Software. You may not, directly or indirectly, encumber or suffer to exist any
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lien or security interest on the Software; knowingly take any action that would
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cause the Software to be placed in the public domain; or use the Software in
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any computer environment not specified in this Software License Agreement. You
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will comply with applicable law and Synametrics instructions regarding the use
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of the Software. You agree to notify your employees and agents who may have
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access to the Software of the restrictions contained in this Software License
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Agreement and to ensure their compliance with these restrictions. You agree
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that you are solely responsible for the accuracy and adequacy of the software
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for your intended use and you will indemnify and HOLD harmless Synametrics from
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any 3rd party suit to the extent based upon the accuracy and adequacy of the
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software in your use. Without limitation, The Software is not intended for use
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in the operation of nuclear facilities, aircraft navigation, communication
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systems or air traffic control equipment, where the failure of the Software
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could lead to death, personal injury or severe physical or environmental
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damage.
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4. USER ASSOCIATIONS
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Users are typically defined by an email address. This could either be an actual
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person or a role handled by multiple individuals. For example,
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john.doe@yourCompany.com or sales@yourcompany.com
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Associated emails belonging to the same individual are allowed and are not
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counted towards a user license. For example, John Doe could have multiple
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associated addresses like john@yourcompany.com or doe.j@yourcompany.com.
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Different variations of email address belonging to the same individual is not
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considered extra user.
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Associating multiple individuals to the same email account is not allowed and
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is a violation of Xeams licensing policy. The pricing model in Xeams is based
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on number of individuals who get their messages filtered. For example,
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Associating John's email, john.doe@yourCompany.com, with Bob's,
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bob.smith@yourCompany.com, is considered a violation of our licensing
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agreement.
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5. LIMITED TRANSFER RIGHTS
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Notwithstanding the foregoing, you may transfer all your rights to use the
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Software to another person or legal entity provided that: (a) you also transfer
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each of this Software License Agreement, the Software and all other software or
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hardware bundled or pre-installed with the Software, including all copies,
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updates and prior versions, and all copies of font software converted into
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other formats, to such person or entity; (b) you retain no copies, including
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backups and copies stored on a computer; (c) the receiving party secures a
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personalized key code from Synametrics; and (d) the receiving party accepts the
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terms and conditions of this Software License Agreement and any other terms and
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conditions upon which you legally purchased a license to the Software.
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Notwithstanding the foregoing, you may not transfer education, pre-release, or
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not-for-resale copies of the Software.
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6. LIMITED WARRANTY AND LIMITATION OF LIABILITY
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(a) Limited Warranty and Customer Remedies. Synametrics warrants to the person
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or entity that first purchases a license for use of the Software pursuant to
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the terms of this Software License Agreement that (i) the Software will perform
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substantially in accordance with any accompanying Documentation for a period of
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ninety (90) days from the date of receipt, and (ii) any support services
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provided by Synametrics shall be substantially as described in Section 6 of
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this agreement. Some states and jurisdictions do not allow limitations on
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duration of an implied warranty, so the above limitation may not apply to you.
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To the extent allowed by applicable law, implied warranties on the Software, if
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any, are limited to ninety (90) days. Synametrics and its supplier's entire
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liability and your exclusive remedy shall be, at Synametrics option, either (i)
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return of the price paid, if any, or (ii) repair or replacement of the Software
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that does not meet Synametrics Limited Warranty and which is returned to
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Synametrics with a copy of your receipt. This Limited Warranty is void if
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failure of the Software has resulted from accident, abuse, misapplication,
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abnormal use, Trojan horse, virus, or any other malicious external code. Any
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replacement Software will be warranted for the remainder of the original
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warranty period or thirty (30) days, whichever is longer. This limited warranty
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does not apply to Evaluation and/or Pre-release Software.
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(b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND
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REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR SYNAMETRICS OR ITS SUPPLIER
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BREACH OF WARRANTY. SYNAMETRICS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
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PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE
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FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR
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TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY
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LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SYNAMETRICS AND ITS SUPPLIERS MAKE
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NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED,
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WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER
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MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNAMETRICS AND ITS
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SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
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IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT
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OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE
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SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS
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LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH
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VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
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(c)Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
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EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL Synametrics OR
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ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR
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CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
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LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
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OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
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SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
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Synametrics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
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Synametrics ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE
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AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE
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PRODUCT. Because some states and jurisdictions do not allow the exclusion or
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limitation of liability, the above limitation may not apply to you. In such
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states and jurisdictions, Synametrics liability shall be limited to the
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greatest extent permitted by law and the limitations or exclusions of
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warranties and liability contained herein do not prejudice applicable statutory
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consumer rights of person acquiring goods otherwise than in the course of
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business. The disclaimer and limited liability above are fundamental to this
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Software License Agreement between Synametrics and you.
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(d) Infringement Claims. Synametrics will indemnify and hold you harmless and
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will defend or settle any claim, suit or proceeding brought against you by a
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third party that is based upon a claim that the content contained in the
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Software infringes a copyright or violates an intellectual or proprietary right
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protected by United States or European Union law ("Claim"), but only to the
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extent the Claim arises directly out of the use of the Software and subject to
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the limitations set forth in Section 5 of this Agreement except as otherwise
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expressly provided. You must notify Synametrics in writing of any Claim within
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ten (10) business days after you first receive notice of the Claim, and you
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shall provide to Synametrics at no cost with such assistance and cooperation as
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Synametrics may reasonably request from time to time in connection with the
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defense of the Claim. Synametrics shall have sole control over any Claim
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(including, without limitation, the selection of counsel and the right to
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settle on your behalf on any terms Synametrics deems desirable in the sole
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exercise of its discretion). You may, at your sole cost, retain separate
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counsel and participate in the defense or settlement negotiations. Synametrics
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shall pay actual damages, costs, and attorney fees awarded against you (or
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payable by you pursuant to a settlement agreement) in connection with a Claim
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to the extent such direct damages and costs are not reimbursed to you by
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insurance or a third party, to an aggregate maximum equal to the purchase price
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of the Software. If the Software or its use becomes the subject of a Claim or
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its use is enjoined, or if in the opinion of Synametrics legal counsel the
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Software is likely to become the subject of a Claim, Synametrics shall attempt
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to resolve the Claim by using commercially reasonable efforts to modify the
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Software or obtain a license to continue using the Software. If in the opinion
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of Synametrics legal counsel the Claim, the injunction or potential Claim
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cannot be resolved through reasonable modification or licensing, Synametrics,
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at its own election, may terminate this Software License Agreement without
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penalty, and will refund to you on a pro rata basis any fees paid in advance by
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you to Synametrics. THE FOREGOING CONSTITUTES SYNAMETRICS' SOLE AND EXCLUSIVE
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LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT. This indemnity does not apply
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to infringements that would not be such, except for customer-supplied elements.
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7. LICENSES AND SUBSCRIPTIONS
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Enterprise edition provides multiple License Packages for the version of
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Software product edition that you have licensed. The Enterprise edition run as
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a yearly subscription which must be renewed each year in order to maintain
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usage. Support and free upgrades to the software are included in this yearly
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subscription. Your rights with respect to the subscription and maintenance
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package (SMP) as well as your upgrade eligibility depend on your decision to
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purchase SMP. Technical support is provided via a Web-based support form and
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via email. There is no guaranteed response time.
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(a) Synametrics, at its option and in its sole discretion on a case by case
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basis, may decide to offer license releases to you as a courtesy, but these
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releases will not include any new features in excess of the feature set at the
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time of your purchase of the Software.
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(b) If you have purchased SMP, then solely for the duration of its delineated
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Subscription Period, you are eligible to receive the version of the Software
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edition that you have licensed and all maintenance releases and updates for
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that edition that are released during your Subscription Period. For the
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duration of SMP Subscription Period, you will also be eligible to receive
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upgrades to the comparable edition of the next version of the Software that
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succeeds the Software edition that you have licensed for applicable upgrades
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released during your Subscription Period. The specific upgrade edition that you
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are eligible to receive based on your Subscription Period is further detailed
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in the SMP that you have purchased. Priority Technical Support is provided via
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email, phone, and forums, and Synametrics will make commercially reasonable
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efforts to respond via e-mail to all requests during Synametrics' business
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hours (MO-FR, 9am EST 5pm EST, US holidays excluded) and to make reasonable
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efforts to provide work-around to errors reported in the Software.
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During the Subscription Period you may also report any Software problem or
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error to Synametrics. If Synametrics determines that a reported reproducible
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material error in the Software exists and significantly impairs the usability
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and utility of the Software, Synametrics agrees to use reasonable commercial
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efforts to correct or provide a usable work-around solution in an upcoming
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maintenance release or update, which is made available at certain times at
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Synametrics' sole discretion.
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If Synametrics, in its discretion, requests written verification of an error or
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malfunction discovered by you or requests supporting example files that exhibit
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the Software problem, you shall promptly provide such verification or files, by
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email, telecopy, or overnight mail, setting forth in reasonable detail the
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respects in which the Software fails to perform. You shall use reasonable
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efforts to cooperate in diagnosis or study of errors. Synametrics may include
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error corrections in maintenance releases, updates, or new major releases of
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the Software. Synametrics is not obligated to fix errors that are immaterial.
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Immaterial errors are those that do not significantly impact use of the
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Software. Whether or not you have purchased the Support & Maintenance Package,
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technical support only covers issues or questions resulting directly out of the
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operation of the Software and Synametrics will not provide you with generic
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consultation, assistance, or advice under any circumstances. Updating Software
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may require the updating of software not covered by this Software License
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Agreement before installation. Updates of the operating system and application
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software not specifically covered by this Software License Agreement are your
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responsibility and will not be provided by Synametrics under this Software
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License Agreement. Synametrics' obligations under this Section 6 are contingent
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upon your proper use of the Software and your compliance with the terms and
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conditions of this Software License Agreement at all times. Synametrics shall
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be under no obligation to provide the above technical support if, in
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Synametrics' opinion, the Software has failed due to the following conditions:
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(i) damage caused by the relocation of the software to another location or CPU;
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(ii) alterations, modifications or attempts to change the Software without
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Synametrics' written approval; (iii) causes external to the Software, such as
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natural disasters, the failure or fluctuation of electrical power, or computer
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equipment failure; (iv) your failure to maintain the Software at Synametrics'
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specified release level; or (v) use of the Software with other software without
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Synametrics' prior written approval. It will be your sole responsibility to:
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(i) comply with all Synametrics-specified operating and troubleshooting
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procedures and then notify Synametrics immediately of Software malfunction and
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provide Synametrics with complete information thereof; (ii) provide for the
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security of your confidential information; (iii) establish and maintain backup
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systems and procedures necessary to reconstruct lost or altered files, data or
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programs.
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8. THIRD-PARTY LICENSES
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The following open-source components, provided by the Apache Foundation and
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Bouncy Castle, are integrated into this software product: Apache Tomcat, Apache
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Commons, Bouncy Castle FIPS provider.
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8a. Apache Foundation Components: The User's usage of Apache Foundation
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components is governed by the respective licenses provided by the Apache
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Foundation. By using the Company's software product(s), the User agrees to
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comply with the terms and conditions set forth in the licenses of the Apache
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Foundation components.
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8a. Bouncy Castle Components: The User's usage of Bouncy Castle components is
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subject to the terms and conditions specified by Bouncy Castle. By utilizing
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the Company's software product(s), the User acknowledges and agrees to adhere
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to the terms delineated in the licenses of the Bouncy Castle components.
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Mario Fetka