END-USER LICENSE AGREEMENT FOR ApolloXMail. IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL. APOLLOSAT End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and APOLLOSAT for the APOLLOSAT software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and APOLLOSAT, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
Customer is responsible for the payment of charges for all products and services furnished to customer under this agreement. ApolloXMail email service is billed to the credit card number provided by the customer. Any applicable federal, state, local and/or foreign taxes, fees and surcharges will be added to the customer's bill as necessary.
Customer acknowledges APOLLOSAT will automatically renew the ApolloXMail account at the end of the plan unless customer contacts APOLLOSAT via email or via phone prior to this date to change or terminate the plan. Service will be renewed for a service duration equal to that which is then expiring.
Customer agrees to review his/her invoice to verify accuracy within 10 days of receipt and notify APOLLOSAT immediately of any discrepancies contained therein and to request any compensation due.
Customer agrees to indemnify, hold harmless, and defend APOLLOSAT against any claims resulting from or relating to customer's breach of this agreement or misuse of the ApolloXMail service or other equipment or services used in connection with ApolloXMail service.
APOLLOSAT parties shall not be liable for any harm, loss, liability, damage, expense, cost, suit, claim or demand whatsoever. Under no circumstances will APOLLOSAT be liable for any indirect, aggravated, exemplary, punitive, special, incidental or consequential damages (including damages for lost profits, lost revenues, lost information, business interruption, failure to realize anticipated savings or any other commercial or economic loss), or third party claims, expenses, costs, liability, loss, or damage whatsoever, whether arising in negligence, tort, statute, equity, contract, common law, or any other cause of action or legal theory, even if APOLLOSAT has been advised of the possibility of such damages. Customer agrees, acknowledges and confirms that the limitations of liability set out in this agreement are fair and reasonable in the commercial circumstances of this agreement and that APOLLOSAT would not have entered into this agreement but for customer's agreement to limit APOLLOSAT's liability in the manner and to the extent provided for herein.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
APOLLOSAT grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed.
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from APOLLOSAT's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
APOLLOSAT may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, APOLLOSAT may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by APOLLOSAT or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by APOLLOSAT.
APOLLOSAT expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. APOLLOSAT does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. APOLLOSAT 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. APOLLOSAT further expressly disclaims any warranty or representation to Authorized Users or to any third party.
In no event shall APOLLOSAT 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 the SOFTWARE PRODUCT, even if APOLLOSAT has been advised of the possibility of such damages. In no event will APOLLOSAT be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. APOLLOSAT shall have no liability with respect to the content of the SOFTWARE PRODUCT 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.