License and Disclaimer of Warranty and Liability

Subject to the terms below, KaplanSoft hereby grants you a non-exclusive, non-transferable license to install and to use the downloadable, TekSMTP.

Whether you are licensing the TekSMTP as an individual or on behalf of an entity, you may not: (i) reverse engineer, decompile, or disassemble the TekSMTP; (ii) modify, or create derivative works based upon, the TekSMTP in whole or in part; (iii) distribute modified copies of the TekSMTP; (iv) remove any proprietary notices or labels on the TekSMTP; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to TekSMTP.

You acknowledge that no title to the intellectual property in the TekSMTP is transferred to you. Title, ownership, rights, and intellectual property rights in and to the TekSMTP shall remain in KaplanSoft.

From time to time, KaplanSoft may make available updates to the TekSMTP. You may download and install or otherwise use those updates to the TekSMTP that are released.

TekSMTP IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND AND PROVIDED TO YOU AT NO CHARGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KaplanSoft FURTHER DISCLAIMS ALL WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. KaplanSoft DOES NOT WARRANT THAT TekSMTP WILL DOWNLOAD, INSTALL OR OPERATE CORRECTLY ON YOUR COMPUTER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KaplanSoft BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER 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 LICENSE AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF KaplanSoft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If this product is a beta release, KaplanSoft does not warrant that the commercial release of this product will be backward-compatible. This product is provided solely on an 'as-is' basis, and author, KaplanSoft makes any claim as to fitness for a particular purpose whatsoever.

KaplanSoft reserves the right to modify or update any part of this Agreement and Disclaimer without prior notification.

If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

All rights not expressly granted in this Agreement are reserved by KaplanSoft.

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