This End User License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) and Mail-Filters.com, Inc. ("Mail-Filters") regarding the use of Mail-Filters' software (hosted service) entitled  SpamRepellent, which may include user documentation provided in "online" or electronic form (the "Software").  By filling in the user information and clicking the button marked "I Accept" below or downloading the Software, you agree to be bound by the terms of this Agreement.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD EXIT THIS PAGE AND NOT DOWNLOAD OR INSTALL OR USE THE SOFTWARE. 

Grant of License.  This Agreement permits you to use one copy of the specified version of the Software, for internal purposes only, on only one computer, and only by one user, at a time.  If you have purchased multiple licenses for the Software, then at any time you may have as many copies of the Software in use as you have licenses.  The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.

Copyright.  The Software is owned by Mail-Filters or its suppliers or licensors and is protected by United States copyright laws and international treaty provisions.  Therefore, you may not use, copy, or distribute the Software without authorization.  You may (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.  You may not copy the printed materials accompanying the Software, nor print copies of any user documentation provided in "online" or electronic form.

Restrictions.  You may not rent, lease, or loan the Software, but you may transfer your rights under this Agreement permanently with thirty (30) days prior written notice to Mail-Filters, provided you transfer this Agreement, the Software and all accompanying printed materials, retain no copies, and the recipient agrees to the terms of this Agreement.  You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon the Software.  In addition, you acknowledge that the Software and accompanying materials are the valuable proprietary and trade secret information of Mail-Filters. You shall not use or disclose the Software and accompanying materials except as specifically permitted under this Agreement and you shall take all reasonable precautions to maintain the confidentiality of the Software and all accompanying materials.

Limited Warranty.  Mail-Filters warrants that the media, if applicable, on which the Software is furnished under normal use will be free from defects in materials and workmanship for a period of ninety (90) days from the date of receipt.  This warranty is valid only for the original purchaser.  Some states do not allow limitations on implied warranties, so the above limitation may not apply to you.  Mail-Filters' entire liability and your exclusive remedy under this warranty will be replacement of the defective media that does not meet Mail-Filters' limited warranty and that is returned to Mail-Filters or an Mail-Filters authorized representative with a copy of your receipt.  This limited warranty is void if failure of the Software has resulted from accident, abuse, or misapplication.  Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE OTHERS THAT VARY FROM STATE TO STATE.

NO OTHER WARRANTIES. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.  SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MAIL-FILTERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.   THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

U.S. Government-Restricted Rights.  The Software and accompanying documentation are deemed to be "commercial computer Software" and "commercial computer Software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable.  Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

Export Restrictions.  You may not download, export, or re-export the Software (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.  By downloading or using the Software, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

General.  This Agreement is governed by the laws of the United States and the State of California, without reference to conflict of laws principles.  Any dispute between you and Mail-Filters regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the state of California. This Agreement is the entire agreement between you and Mail-Filters and supersedes any other communications or advertising with respect to the Software an documentation.  If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.

Please read the above terms and conditions carefully.  By clicking on the "Yes, I Accept" link below you are accepting and agreeing to the terms of this Agreement with MAIL-FILTERS.  If you are agreeing to this Agreement on behalf of a company, you represent that you are authorized to bind the company to such an Agreement.  If you do not meet this criterion or you do not agree to any of the terms of this Agreement, please click on the "No, I Reject" link below or use your browser's Back button to exit this page.