This End-User License Agreement ("EULA") is a legal agreement between you, the end
customer ("Licensee" or "you") and MailSite Software, Inc. (hereafter referred to
as "MailSite" or "Licensor") for the AstraSync software products purchased through
our company or one of our affiliates, which may include computer software and associated
media, electronic documentation and printed materials ("The Software"). By installing,
copying, distributing or otherwise using The Software, you agree to be bound by
the terms of this EULA. If you do not agree to the terms of this EULA you must not
install, use or distribute The Software, and you must destroy all copies of The
Software that you have. Even if The Software was purchased by you and you have not
installed, copied or otherwise used The Software, you may not return it to MailSite
or its affiliates for any refund.
The Software is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The Software is licensed,
not sold and always remains the property of MailSite.
If you have not paid the registration fee for The Software, you may be granted an
evaluation license to use The Software as described in Sections 1, 2.1 and Sections
3 - 10 below.
If you have paid the registration fee for The Software, you are hereby granted a
license to use The Software as described in Sections 1, 2.2 and Sections 3 - 10
2.1. Evaluation License
Subject to the terms of this EULA, use The Software for evaluation purposes without
charge for a period of seven (7) days only ("Evaluation Period"). The Evaluation
Period commences when you first register The Software on the website, and expires
exactly seven (7) days later.
You may not:
Use The Software after the Evaluation Period has expired without payment of the
registration fee to MailSite.
Use of The Software after the Evaluation Period has expired requires payment of
a registration fee to MailSite. For more information about payment methods, please
Use of The Software after the Evaluation Period has expired is in violation of this
EULA, and US and international copyright laws.
2.2. Registered License
Subject to the terms of this EULA, use one copy of The Software at a time, connecting
to a single ActiveSync account during the subscription term.
You may not:
Disclose to third parties, or publish your registration details via electronic or
The Software and the accompanying documentation contain copyrighted material, trade
secrets, and other proprietary information belonging to Licensor and/or its licensors
and are therefore protected by United States copyright laws, international treaty
provisions and all other applicable laws. In order to protect them, and except as
permitted by applicable law, you may not: (a) modify, decompile, disassemble, decrypt,
or otherwise reverse engineer The Software or create derivative works based upon
The Software in whole or in part; (b) rent, transfer, assign, lease, sublicense
or grant any rights in The Software, or any portion thereof, in any form to any
person without the prior written consent of Licensor which, if given, shall be subject
to the conferee's consent to the terms and conditions of this EULA; or (c) remove
any proprietary notices, labels or marks on The Software
Without prejudice to any other rights, MailSite 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.
All title, including but not limited to copyrights, in and to The Software and any
copies thereof are owned by MailSite. All title and intellectual property rights
in and to the content which may be accessed through use of The Software 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 MailSite.
6. Limited Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAILSITE DISCLAIMS ALL WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT,
WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES. MAILSITE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS
OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
7. Limitations of Remedies and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAILSITE BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES,
EVEN IF MAILSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
MAILSITE'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 OR $5.00
US. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Sales & Refund Policy
Sales, once transacted, are in all cases final.
You may request a refund on your AstraSync subscription up to 30 days from the date of sale.
Refunds will only be given where there is an outstanding technical issue which our team have been unable to resolve.
We reserve the right to deduct the $25 refund transaction fee charged by the payment processor from the amount refunded.
After the 30 days no refunds will be granted, except at the specific discretion of MailSite.
This Agreement shall be governed by and construed in accordance with the laws of
the United States and the State of California, as applied to agreements entered
into and to be performed entirely within California between California residents.
If for any reason a court of competent jurisdiction finds any
provision of this Agreement or portion thereof, to be unenforceable, that provision
of the License shall be enforced to the maximum extent permissible so as to effect
the intent of the parties, and the remainder of this Agreement shall continue in
full force and effect. This Agreement is deemed entered into at Campbell, California,
and jurisdiction for resolution of any disputes shall reside solely in the state
and federal courts of the County of Santa Clara, State of California. This Agreement
shall be construed as to its fair meaning and not strictly for or against either
You acknowledge that, in providing you with The Software, Licensor has relied upon
your agreement to be bound by the terms of this Agreement. You further acknowledge
that you have read, understood, and agreed to be bound by the terms of this Agreement,
and hereby reaffirm your acceptance of those terms. You further acknowledge that
this Agreement constitutes the complete statement of the agreement between you and
Licensor, and that the Agreement does not include any other prior or contemporaneous
promises, representations, or descriptions regarding The Software. However, this
Agreement does not limit any rights that Licensor may have under trade secret, copyright,
patent, or other laws that may be available to it. The agents, employees, distributors,
and dealers of Licensor are not authorized to make modifications to this Agreement,
or to make any additional representations, commitments, or warranties binding on
Licensor. Accordingly, additional statements such as dealer or other advertising
or presentations, whether oral or written, do not constitute representations or
warranties by Licensor and should not be relied upon. This Agreement may be modified
only in writing. If any provision of this Agreement is invalid or unenforceable
under applicable law, it is to that extent, deemed omitted and the remaining provisions
will continue in full force and effect. Use, duplication or disclosure by the U.S.
Government is subject to restrictions stated in paragraph (c) (1) (ii) of the Rights
in Technical Data and Computer Software clause at 252.227-7013.
Bouncy Castle License
The Software contains cryptographic software that is the copyright (c) 2000 - 2008 The Legion Of The Bouncy Castle (http://www.bouncycastle.org)
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in the
Software without restriction, including without limitation the rights to use, copy,
modify, merge, publish, distribute, sublicense, and/or sell copies of the Software,
and to permit persons to whom the Software is furnished to do so, subject to the
The above copyright notice and this permission notice shall be included in all copies
or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS
BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE
USE OR OTHER DEALINGS IN THE SOFTWARE.