END-USER
LICENSE AGREEMENT FOR Nsi Software products
IMPORTANT:
READ CAREFULLY : This Nsi Software
End-User License Agreement ("EULA") is a
legal agreement between you (either an individual
or a single entity) and Nsi Software Corporation for
the Nsi Software software product identified above,
which includes computer software and may include associated
media, printed materials, and "online" or
electronic documentation ("SOFTWARE PRODUCT").
The SOFTWARE PRODUCT also includes
any updates and supplements to the original SOFTWARE
PRODUCT provided to you by Nsi Software. Any software
provided along with the SOFTWARE PRODUCT that is associated
with a separate end-user license agreement is licensed
to you under the terms of that license agreement.
By installing, copying, downloading,
accessing or otherwise using the SOFTWARE PRODUCT,
you agree to be bound by the terms of this EULA. If
you do not agree to the terms of this EULA, do not
install or use the SOFTWARE PRODUCT. SOFTWARE PRODUCT
LICENSE 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.
1. GRANT OF LICENSE.
This EULA grants you the following rights: * Systems
Software. You may install and use one copy of the
SOFTWARE PRODUCT on a single computer, including a
workstation, terminal or other digital electronic
device ("COMPUTER"). * Storage/Network Use.
You may also store or install a copy of the SOFTWARE
PRODUCT on a storage device, such as a network server,
used only to install or run the SOFTWARE PRODUCT on
your other COMPUTERS over an internal network; however,
you must acquire and dedicate a license for each separate
COMPUTER on or from which the SOFTWARE PRODUCT is
installed, used, accessed, displayed or run. A license
for the SOFTWARE PRODUCT may not be shared or used
concurrently on different COMPUTERS. Notwithstanding
the foregoing, any number of COMPUTERS may access
or otherwise utilize the file and print services and
peer web services of the SOFTWARE PRODUCT. In addition,
you may use the "Multiple Display" feature
of the SOFTWARE PRODUCT to expand your desktop as
described in the on-line Help file, without obtaining
a license for each display. * License Pak. If this
package is a Nsi Software License Pak, you may install
and use additional copies of the computer software
portion of the SOFTWARE PRODUCT up to the number of
copies specified above as "Licensed Copies".
2. DESCRIPTION OF OTHER RIGHTS
AND LIMITATIONS. * Academic Edition Software.
If the SOFTWARE PRODUCT is identified as "Academic
Edition" or "AE," you must be a "Qualified
Educational User" to use the SOFTWARE PRODUCT.
If you are not a Qualified Education User, you have
no rights under this EULA. * Not For Resale Software.
If the SOFTWARE PRODUCT is labeled "Not For Resale"
or "NFR," then, notwithstanding other sections
of this EULA, your use of the SOFTWARE PRODUCT is
limited to use for demonstration, test, or evaluation
purposes and you may not resell, or otherwise transfer
for value, the SOFTWARE PRODUCT. * Limitations 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. * Separation
of Components. The SOFTWARE PRODUCT is licensed as
a single product. Its component parts may not be separated
for use on more than one computer. * Rental. You may
not rent, lease or lend the SOFTWARE PRODUCT. * Trademarks.
This EULA does not grant you any rights in connection
with any trademarks or service marks of Nsi Software
inc. * Support Services. Nsi Software may provide
you with support services related to the SOFTWARE
PRODUCT ("Support Services"). Use of Support
Services is governed by the Nsi Software polices and
programs described in the user manual, in "on
line" documentation and/or other Nsi Software-provided
materials. 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. With respect to technical
information you provide to Nsi Software as part of
the Support Services, Nsi Software may use such information
for its business purposes, including for product support
and development. Nsi Software will not utilize such
technical information in a form that personally identifies
you. * Software Transfer. The initial user of the
SOFTWARE PRODUCT may make a one-time permanent transfer
of this EULA and SOFTWARE PRODUCT only directly to
an end user. This transfer must include all of the
SOFTWARE PRODUCT (including all component parts, the
media and printed materials, any upgrades, this EULA,
and, if applicable, the Certificate of Authenticity).
Such transfer may not be by way of coNsignment or
any other indirect transfer. The transferee of such
one-time transfer must agree to comply with the terms
of this EULA, including the obligation not to further
transfer this EULA and SOFTWARE PRODUCT. * Termination.
Without prejudice to any other rights, Nsi Software
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
and all of its component parts.
3. UPGRADES. If
the SOFTWARE PRODUCT is labeled as an upgrade, you
must be properly licensed to use a product identified
by Nsi Software as being eligible for the upgrade
in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT
labeled as an upgrade replaces and/or supplements
the product that formed the basis for your eligibility
for the upgrade. You may use the resulting upgraded
product only in accordance with the terms of this
EULA. If the SOFTWARE PRODUCT is an upgrade of a component
of a package of software programs that you licensed
as a single product, the SOFTWARE PRODUCT may be used
and transferred only as part of that single product
package and may not be separated for use on more than
one computer.
4. COPYRIGHT. All
title and intellectual property rights in and to the
SOFTWARE PRODUCT (including but not limited to any
images, photographs, animations, video, audio, music,
text, and "applets" incorporated into the
SOFTWARE PRODUCT), the accompanying printed materials,
and any copies of the SOFTWARE PRODUCT are owned by
Nsi Software 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 Nsi Software.
5. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than
one medium. Regardless of the type or size of medium
you receive, you may use only one medium that is appropriate
for your single computer. You may not use or install
the other medium on another computer. You may not
loan, rent, lease, lend or otherwise transfer the
other medium to another user, except as part of the
permanent transfer (as provided above) of the SOFTWARE
PRODUCT.
6. BACKUP COPY.
After installation of one copy of the SOFTWARE PRODUCT
pursuant to this EULA, you may keep the original media
on which the SOFTWARE PRODUCT was provided by Nsi
Software solely for backup or archival purposes. If
the original media is required to use the SOFTWARE
PRODUCT on the COMPUTER, you may make one copy of
the SOFTWARE PRODUCT solely for backup or archival
purposes. Except as expressly provided in this EULA,
you may not otherwise make copies of the SOFTWARE
PRODUCT or the printed materials accompanying the
SOFTWARE PRODUCT.
7. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the
SOFTWARE PRODUCT to any country, person, entity or
end user subject to India export restrictions. You
specifically agree not to export or re-export the
SOFTWARE PRODUCT: (i) to any country to which the
India has embargoed or restricted the export of goods
or services, which currently include. (ii) to any
end-user who you know or have reason to know will
utilize the SOFTWARE PRODUCT or portion thereof in
the design, development or production of nuclear,
chemical or biological weapons; or (iii) to any end-user
who has been prohibited from participating in India
export transactions by any federal agency of the Indian
government. MISCELLANEOUS If you acquired this product
in India, this EULA is governed by the laws of the
Province of Ahmedabad, India. Each of the parties
hereto irrevocably attorns to the jurisdiction of
the courts of the Province of Ahmedabad and further
agrees to commence any litigation which may arise
hereunder in the courts located in the Judicial District
of Ahmedabad, Province of Ahmedabad. If you acquired
this product in the India, this EULA is governed by
the laws of the State of Delhi. If this product was
acquired outside the India, then local law may apply.
Should you have any questions concerning this EULA,
or if you desire to contact Nsi Software for any reason,
please contact Nsi Email Express Software. Nsi Software
warrants that (a) the SOFTWARE PRODUCT will perform
substantially in accordance with the accompanying
written materials for a period of 30 days from the
date of receipt, and (b) any Support Services provided
by Nsi Software shall be substantially as described
in applicable written materials provided to you by
Nsi Software, and Nsi Software support engineers will
make commercially reasonable efforts to solve any
problem. To the extent allowed by applicable law,
implied warranties on the SOFTWARE PRODUCT, if any,
are limited to 30 days. Some states/jurisdictions
do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to
you.
This Limited Warranty is void if
failure of the SOFTWARE PRODUCT has resulted from
accident, abuse, or misapplication. Any replacement
SOFTWARE PRODUCT will be warranted for the remainder
of the original warranty period or thirty (30) days,
whichever is longer. Outside the India, neither these
remedies nor any product support services offered
by Nsi Software are available without proof of purchase
from an authorized international source. NO OTHER
WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, Nsi Software AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO
THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE
TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS,
WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL Nsi Software
OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE
FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF Nsi Software
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, Nsi Software’S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED
TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU
FOR THE SOFTWARE PRODUCT; PROVIDED, HOWEVER, IF YOU
HAVE ENTERED INTO A Nsi Software SUPPORT SERVICES
AGREEMENT, Nsi Software’S ENTIRE LIABILITY REGARDING
SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF
THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Nsi
Software Inc. PUBLIC SOURCE LICENSE AGREEMENT
1. General; Definitions. This License
applies to any program or other work which Nsi Software
Inc. ("Nsi") makes publicly available and
which contains a notice placed by Nsi identifying
such program or work as "Original Code"
and stating that it is subject to the terms of this
Nsi Public Source License ("License"). As
used in this License: 1.1 "Applicable Patent
Rights" mean: (a) in the case where Nsi is the
grantor of rights, (i) claims of patents that are
now or hereafter acquired, owned by or assigned to
Nsi and (ii) that cover subject matter contained in
the Original Code, but only to the extent necessary
to use, reproduce and/or distribute the Original Code
without infringement; and (b) in the case where You
are the grantor of rights, (i) claims of patents that
are now or hereafter acquired, owned by or assigned
to You and (ii) that cover subject matter in Your
Modifications, taken alone or in combination with
Original Code. 1.2 "Contributor" means any
person or entity that creates or contributes to the
creation of Modifications. 1.3 "Covered Code"
means the Original Code, Modifications, the combination
of Original Code and any Modifications, and/or any
respective portions thereof. 1.4 "Deploy"
means to use, sublicense or distribute Covered Code
other than for Your internal research and development
(R&D) and/or Personal Use, and includes without
limitation, any and all internal use or distribution
of Covered Code within Your business or organization
except for R&D use and/or Personal Use, as well
as direct or indirect subliceNsing or distribution
of Covered Code by You to any third party in any form
or manner. 1.5 "Larger Work" means a work
which combines Covered Code or portions thereof with
code not governed by the terms of this License. 1.6
"Modifications" mean any addition to, deletion
from, and/or change to, the substance and/or structure
of the Original Code, any previous Modifications,
the combination of Original Code and any previous
Modifications, and/or any respective portions thereof.
When code is released as a series of files, a Modification
is: (a) any addition to or deletion from the contents
of a file containing Covered Code; and/or (b) any
new file or other representation of computer program
statements that contains any part of Covered Code.
1.7 "Original Code" means (a) the Source
Code of a program or other work as originally made
available by Nsi under this License, including the
Source Code of any updates or upgrades to such programs
or works made available by Nsi under this License,
and that has been expressly identified by Nsi as such
in the header file(s) of such work; and (b) the object
code compiled from such Source Code and originally
made available by Nsi under this License. 1.8 "Personal
Use" means use of Covered Code by an individual
solely for his or her personal, private and non-commercial
purposes. An individual's use of Covered Code in his
or her capacity as an officer, employee, member, independent
contractor or agent of a corporation, business or
organization (commercial or non-commercial) does not
qualify as Personal Use. 1.9 "Source Code"
means the human readable form of a program or other
work that is suitable for making modifications to
it, including all modules it contains, plus any associated
interface definition files, scripts used to control
compilation and installation of an executable (object
code). 1.10 "You" or "Your" means
an individual or a legal entity exercising rights
under this License. For legal entities, "You"
or "Your" includes any entity which controls,
is controlled by, or is under common control with,
You, where "control" means (a) the power,
direct or indirect, to cause the direction or management
of such entity, whether by contract or otherwise,
or (b) ownership of fifty percent (50%) or more of
the outstanding shares or beneficial ownership of
such entity. 2. Permitted Uses; Conditions & Restrictions.
Subject to the terms and conditions of this License,
Nsi hereby grants You, effective on the date You accept
this License and get the Original Code, a world-wide,
non-exclusive license, to the extent of Nsi's Applicable
copyrights covering the Original Code, to do the following:
2.1 You may use, reproduce, display, perform, modify
and distribute Original Code, with or without Modifications,
solely for Your internal research and development
and/or Personal Use, provided that in each instance:
(a) You must retain and reproduce in all copies of
Original Code the copyright and other proprietary
notices and disclaimers of Nsi as they appear in the
Original Code, and keep intact all notices in the
Original Code that refer to this License; and (b)
You must include a copy of this License with every
copy of Source Code of Covered Code and documentation
You distribute, and You may not offer or impose any
terms on such Source Code that alter or restrict this
License or the recipients' rights hereunder, except
as permitted under Section 6. 2.2 You may use, reproduce,
display, perform, modify and Deploy Covered Code,
provided that in each instance: (a) You must satisfy
all the conditions of Section 2.1 with respect to
the Source Code of the Covered Code; (b) You must
duplicate, to the extent it does not already exist,
the notice in Exhibit A in each file of the Source
Code of all Your Modifications, and cause the modified
files to carry prominent notices stating that You
changed the files and the date of any change; (c)
You must make Source Code of all Your Deployed Modifications
publicly available under the terms of this License,
including the license grants set forth in Section
3 below, for as long as you Deploy the Covered Code
or twelve (12) months from the date of initial Deployment,
whichever is longer. You should preferably distribute
the Source Code of Your Deployed Modifications electronically
(e.g. download from a web site); and (d) if You Deploy
Covered Code in object code, executable form only,
You must include a prominent notice, in the code itself
as well as in related documentation, stating that
Source Code of the Covered Code is available under
the terms of this License with information on how
and where to obtain such Source Code. 2.3 You expressly
acknowledge and agree that although Nsi and each Contributor
grants the licenses to their respective portions of
the Covered Code set forth herein, no assurances are
provided by Nsi or any Contributor that the Covered
Code does not infringe the patent or other intellectual
property rights of any other entity. Nsi and each
Contributor disclaim any liability to You for claims
brought by any other entity based on infringement
of intellectual property rights or otherwise. As a
condition to exercising the rights and licenses granted
hereunder, You hereby assume sole respoNsibility to
secure any other intellectual property rights needed,
if any. For example, if a third party patent license
is required to allow You to distribute the Covered
Code, it is Your respoNsibility to acquire that license
before distributing the Covered Code. 3. Limitations
on Patent License. Except as expressly stated in Section
2, no other patent rights, express or implied, are
granted by Nsi herein. Modifications and/or Larger
Works may require additional patent licenses from
Nsi which Nsi may grant in its sole discretion. 4.
Additional Terms. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or
liability obligations and/or other rights coNsistent
with the scope of the license granted herein ("Additional
Terms") to one or more recipients of Covered
Code. However, You may do so only on Your own behalf
and as Your sole respoNsibility, and not on behalf
of Nsi or any Contributor. You must obtain the recipient's
agreement that any such Additional Terms are offered
by You alone, and You hereby agree to indemnify, defend
and hold Nsi and every Contributor harmless for any
liability incurred by or claims asserted against Nsi
or such Contributor by reason of any such Additional
Terms. 5. Versions of the License. Nsi may publish
revised and/or new versions of this License from time
to time. Each version will be given a distinguishing
version number. Once Original Code has been published
under a particular version of this License, You may
continue to use it under the terms of that version.
You may also choose to use such Original Code under
the terms of any subsequent version of this License
published by Nsi. No one other than Nsi has the right
to modify the terms applicable to Covered Code created
under this License. 6. NO WARRANTY OR SUPPORT. The
Covered Code may contain in whole or in part pre-release,
untested, or not fully tested works. The Covered Code
may contain errors that could cause failures or loss
of data, and may be incomplete or contain inaccuracies.
You expressly acknowledge and agree that use of the
Covered Code, or any portion thereof, is at Your sole
and entire risk. THE COVERED CODE IS PROVIDED "AS
IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
OF ANY KIND AND Nsi AND Nsi'S LICENSOR(S) (COLLECTIVELY
REFERRED TO AS "Nsi" FOR THE PURPOSES OF
SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM
ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY
RIGHTS. Nsi AND EACH CONTRIBUTOR DOES NOT WARRANT
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED
CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED
CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION
OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
Nsi, AN Nsi AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR
SHALL CREATE A WARRANTY. You acknowledge that the
Covered Code is not intended for use in the operation
of nuclear facilities, aircraft navigation, communication
systems, or air traffic control machines in which
case the failure of the Covered Code could lead to
death, personal injury, or severe physical or environmental
damage. 7. LIMITATION OF LIABILITY. TO THE EXTENT
NOT PROHIBITED BY LAW, IN NO EVENT SHALL Nsi OR ANY
CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
RELATING TO THIS LICENSE OR YOUR USE OR INABILITY
TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER
UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN
IF Nsi OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU. In no event shall Nsi's total liability
to You for all damages (other than as may be required
by applicable law) under this License exceed the amount
of 9 dollars ($9.00). 8. Trademarks. This License
does not grant any rights to use the trademarks or
trade names "Nsi", "Nsi Software products"
or any other trademarks or trade names belonging to
Nsi (collectively "Nsi Marks") or to any
trademark or trade name belonging to any Contributor.
No Nsi Marks may be used to endorse or promote products
derived from the Original Code. 9. Ownership. Subject
to the licenses granted under this License, each Contributor
retains all rights, title and interest in and to any
Modifications made by such Contributor. Nsi retains
all rights, title and interest in and to the Original
Code and any Modifications made by or on behalf of
Nsi ("Nsi Modifications"), and such Nsi
Modifications will not be automatically subject to
this License. Nsi may, at its sole discretion, choose
to license such Nsi Modifications under this License,
or on different terms from those contained in this
License or may choose not to license them at all.
10. Termination. 10.1 Termination. This License and
the rights granted hereunder will terminate: (a) automatically
without notice from Nsi if You fail to comply with
any term(s) of this License and fail to cure such
breach within 2 days of becoming aware of such breach;
(b) immediately in the event of the circumstances
described in Section 11.3(b); or (c) automatically
without notice from Nsi if You, at any time during
the term of this License, commence an action for patent
infringement against Nsi. 10.2 Effect of Termination.
Upon termination, You agree to immediately stop any
further use, reproduction, modification, subliceNsing
and distribution of the Covered Code and to destroy
all copies of the Covered Code that are in your possession
or control. All sublicenses to the Covered Code which
have been properly granted prior to termination shall
survive any termination of this License. No party
will be liable to any other for compensation, indemnity
or damages of any sort solely as a result of terminating
this License in accordance with its terms, and termination
of this License will be without prejudice to any other
right or remedy of any party. 11. Miscellaneous. 11.1
Independent Development. Nothing in this License will
impair Nsi's right to acquire, license, develop, have
others develop for it, market and/or distribute technology
or products that perform the same or similar functions
as, or otherwise compete with, Modifications, Larger
Works, technology or products that You may develop,
produce, market or distribute. 11.2 Waiver; Construction.
Failure by Nsi or any Contributor to enforce any provision
of this License will not be deemed a waiver of future
enforcement of that or any other provision. Any law
or regulation which provides that the language of
a contract shall be construed against the drafter
will not apply to this License. 11.3 Severability.
(a) If for any reason a court of competent jurisdiction
finds any provision of this License, or portion thereof,
to be unenforceable, that provision of the License
will be enforced to the maximum extent permissible
so as to effect the economic benefits and intent of
the parties, and the remainder of this License will
continue in full force and effect. (b) Notwithstanding
the foregoing, if applicable law prohibits or restricts
You from fully and/or specifically complying with
Sections 2 and/or 3 or prevents the enforceability
of either of those Sections, this License will immediately
terminate and You must immediately discontinue any
use of the Covered Code and destroy all copies of
it that are in your possession or control. 11.4 This
Agreement is governed by the laws of India. If any
legal action is brought by Nsi Software Inc., regarding
the breach of this License Agreement or in any other
way to enforce this Agreement, Nsi Software Inc.,
shall be entitled to recover, in addition to any other
relief, lost profits or lost sales of the software,
other consequential damage, reasonable attorney fees,
court costs and all other expenses of litigation.
In the event that one or more of the provisions in
this Agreement shall be held invalid by a court of
competent jurisdiction, the remaining provisions shall
nevertheless be valid. COPYRIGHTS: 12. Nsi Software
products and all enclosed files are copyright 2005
by Nsi Email Express and are protected by Gujarat
Copyright law and international treaty agreements.
All rights reserved. 13. Nsi Software products are
distributed and supported by Nsi Email Express in
Gujarat, India and almost all other countries in the
world. 14. All brands and product names are trademarks
or registered trademarks of their respective holders.
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