Endymion MailMan version 2.0Last-modified: Friday, June 05, 1998
End User License Agreement
Copyright © 1998 Endymion Corporation, All Rights Reserved.
Non-Commercial Use Only
This version of Endymion MailMan, version 2.0, ("MailMan") including the software and its related user documentation, HTML templates, and images, but excluding the module "cgi-lib.pl", ("Software Product") is owned by Endymion Corporation, ("Endymion") and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Endymion has decided that it is in the best interest of both Endymion and the world at large, ("The World") if the source code for MailMan is openly available for examination and if individuals and organizations subject to sections 1, 2 and 3 below, are allowed unlimited use of MailMan at no charge. To that end, Endymion is making this Software Product available to The World within the scope of the following licenses, provided that all of the terms and conditions set forth below are complied with.
1.) Non-Commercial Use License.
You may use this Software Product solely for non-commercial purposes. The term "non-commercial" means that the product is not used for any commercial purpose, which includes, but is not limited to, any activity engaged for the purpose of generating revenues (directly or indirectly). For example, a commercial purpose includes any use of the product within a commercial business or facility, even if said use is not in direct support of the generation of revenue. Commercial purpose also includes the use of the product to provide a service, or in support of service, for which you charge, and commercial purpose explicitly includes use by any government agency or organization, at any level, in any country. Use of this Software Product by the Church of Scientology International or any other organizations directly related to the Church of Scientology is explicitly considered commercial purpose. Examples of non-commercial purposes include use at home for personal correspondence, use by students for academic activities, or use by human rights organizations.
2.) Specific Restrictions.Sending unsolicited electronic mail, whether commercial or not, with this Software Product is specifically prohibited by this license agreement. If you are determined to use this Software Product to send unsolicited electronic mail to any party you must purchase a commercial license for your installation. Note that Endymion does not issue commercial licenses for the purpose of sending unsolicited electronic mail. Endymion further reserves the right to prohibit the use of this Software Product by any other individuals or organizations that are unpleasant or impolite.
3.) Distribution Prohibited.
You may not make copies of this Software Product and distribute such copies to any other individual, organization, sovereign state, artificial intelligence, alien being or other natural or unnatural entity, whether animal, mineral or vegetable.
4.) Proprietary Consumption Prohibited.
You may examine, disassemble, damage, and otherwise modify the source code for this Software Product for non-commercial use. Any attempt to use this Software Product's source code, example templates, example images, documentation, or other intellectual property rights within any other application, article or product, whether commercial or non-commercial, is explicitly prohibited. Please contact Endymion if you are interested in incorporating parts of this Software Product into other applications, articles or products. Endymion is interested in cooperating in such efforts.
5.) Other Uses.All right, title and interest in this Software Product, including its source code, example templates, example images, accompanying user documentation, and all copyrights therein and related trademarks, trade names, bugs, humorous source code comments and other intellectual property rights, are owned by Endymion. All license rights not granted herein are reserved by Endymion. Should you wish to use or distribute this Software Product for commercial purposes, commercial use licenses are available from Endymion; please refer to the MailMan section of the Endymion web site located at <URL:http://www.endymion.com/products/mailman> for further information.
6.) "Use" Defined.
The software is in "use" 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 a computer for the purpose of being accessible by users for the purpose of providing electronic mail services.
7.) Technical Support.
This Software Product is user-supported, meaning that assistance in its installation and use may be limited to help available from friends, family, household pets, nagging intuition, religious clergy, ancient and venerable deities, Ouija boards, and other users on the Internet. Though Endymion does not offer technical support for this Software Product, we welcome your feedback. Technical support is available from Endymion under their standard support policies for those who have purchased commercial installation licenses for this product. For further information, please refer to <URL:http://www.endymion.com/products/mailman>.
8.) No Warranty.
This Software Product is provided for non-commercial use only, comes with no warranty, and is provided on an "as is" basis. You assume the entire cost of any damage resulting from the information contained in or produced by this Software Product. You assume all responsibilities for selection of this software product to achieve your intended results, for the selection of this Software Product to achieve your intended results, and for the installation of, use of, and results obtained from it. To the maximum extent permitted by applicable law, Endymion disclaims all warranties, either expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, conformance with description, coolness factor, and non-infringement, with respect to this software product.
9.) Limitation of Liability.
The cumulative liability of Endymion to you or any other party for any loss or damages resulting from any claims, demands or actions arising out of or relating to these terms and conditions shall not exceed one U.S. dollar. In no even shall Endymion be liable for any indirect, incidental, consequential, special or exemplary damages or lost profits whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, migraine headaches, or other pecuniary loss) arising out of the use or inability to use this Software Product, even if Endymion has been advised of the possibility of such damages.
Because some jurisdictions do not allow the limitations on implied warranties or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
These terms and conditions may not be modified, amended, canceled or in any way altered, nor may they be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by a duly authorized officer of Endymion. These terms and conditions shall be construed and enforced in accordance with the laws of the State of Florida, United States of America. Any action or proceeding brought by anyone arising out of or related to these terms and conditions shall be brought only in a state or federal court of competent jurisdiction located in the county of Alachua, Florida, and the parties hereby consent to the jurisdiction and venue of said courts. Should any term of these terms and conditions be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. These terms and conditions are in the English language, and only the English language version hereof, regardless of the existence of other language translations of these terms and conditions, shall be controlling in all respects. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Endymion reserves the right at any time without liability or prior notice to change the features or characteristics of this Software Product, or its documentation and related materials, or future versions or editions thereof. These terms and conditions constitute the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communication between us relating to the subject matter of these terms and conditions.
Copyright © 1998 Endymion Corporation. All rights reserved. The "cgi-lib.pl" library used by MailMan is copyright © 1996 Steven E. Brenner and used under the permission granted in the copyright notice. Endymion may have patents and/or pending patent applications covering subject matter in this software or its documentation; the furnishing of this software or documentation does not give you any license to these patents.
Should you have any questions concerning these terms and conditions, or if you desire to contact Endymion for any reason, please write: Endymion Corporation; PO Box 142184; Gainesville, FL; 32614-2184, <URL:http://www.endymion.com> Inquiries concerning MailMan can be directed by Internet email to <email@example.com>.