END-USER LICENSE AGREEMENT ‘EULA’ FOR
HOT PEPPER TECHNOLOGY’S
EMAIL DETECTIVE - FORENSIC SOFTWARE TOOL

IMPORTANT: READ CAREFULLY:

This ‘EULA’ is a legal agreement between you (either an individual or a single entity) and Hot Pepper Technology, Inc. for the use of Hot Pepper Technology's SOFTWARE PRODUCT, the EMail Detective - Forensic Software Tool, which includes computer software as well as all related descriptive media, printed materials and ‘online’ or electronic documentation. The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Hot Pepper Technology. Any software provided along with the SOFTWARE PRODUCT that is subject to a separate end-user license agreement is licensed to you under the terms of that separate 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; you may, however, return it to your place of purchase for a full refund.

SOFTWARE PRODUCT LICENSE GRANT

1. Subject to the terms and conditions of this EULA, Hot Pepper Technology grants to you a non-exclusive, non-assignable license to use the EMail Detective SOFTWARE PRODUCT and its instructional materials.

2. This SOFTWARE PRODUCT is licensed, not sold, and the user may be prosecuted under U.S copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, in the event that the user violates any of the terms or provisions of this EULA.

3. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such revision shall not affect its enforceability under other circumstances or affect the enforcement of the remaining provisions within this agreement.

RIGHTS AND LIMITATIONS

1. You may install and use one copy of the SOFTWARE PRODUCT on a single computer, or a workstation, or a terminal or other digital electronic device. The SOFTWARE PRODUCT is licensed as a single product and its software component may not be separated for use on more than one computer. However, if this package is a ‘multi-user license’ (up to 5 users), this package may be installed and used on a maximum of (5) computers. If this package is a Hot Pepper Technology ‘site license’ or ‘agency license’ (unlimited usage for a specific location or an organization), you may install and use as many additional copies of the computer software portion of the SOFTWARE PRODUCT as required.

2. Agency license, Site license and multi-user license. You may 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 licensed 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.

3. If the SOFTWARE PRODUCT is labeled or contains the wording ‘Demo’, ‘Training’, ‘Test’ or ‘Evaluation’ then, notwithstanding other sections of this EULA, your use of the SOFTWARE PRODUCT is limited to usage for demonstration, test, or evaluation purposes only. You may not resell or otherwise transfer the SOFTWARE PRODUCT to any other party.

4. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except to the extent that such activity may be expressly permitted by existing, applicable law pertaining to this limitation.

5. You may not rent, lease or loan the SOFTWARE PRODUCT to any other party

6. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type of medium you receive, you may use only one medium that is appropriate for your single computer. You agree not use or install the other medium on another computer. You may not loan, or otherwise transfer such other medium to another user, except as part of a permanent transfer (as provided above) of the SOFTWARE PRODUCT.

7. After the installation of one copy of the SOFTWARE PRODUCT, pursuant to this EULA, you may retain the media on which the SOFTWARE PRODUCT was originally provided by Hot Pepper Technology solely for backup or archival purposes. Conversely, 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.

8. This EULA does not grant you any rights in connection with any trademarks or service marks of Hot Pepper Technology.

SUPPORT SERVICES

1. Hot Pepper Technology may provide you with support services related to the SOFTWARE PRODUCT. The use of such support services is governed by the Hot Pepper Technology polices and programs described in the user manual, in ‘on line’ documentation and/or in other materials provided by Hot Pepper Technology.

2. Any supplemental software code provided as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.

2. With respect to technical information you provide to Hot Pepper Technology, to facilitate the Support Services provided to you, Hot Pepper Technology may use such information for business and product development purposes. However, such technical information will not be utilized in any form that identifies you without your express permission.

UPGRADES

1. If the SOFTWARE PRODUCT is labeled as an ‘upgrade’, you must be properly licensed by Hot Pepper Technology 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 provides the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.

2. 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.

TERMINATION

Hot Pepper Technology may terminate this EULA without prejudice to any other rights it may have if you fail to comply with the terms and conditions of this EULA. In such event, you agree to remove and destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

COPYRIGHT

1. All title and intellectual property rights in and to the SOFTWARE PRODUCT, including images, photographs, animations, video, audio, music, text, and ‘applets’ incorporated into the SOFTWARE PRODUCT are owned by Hot Pepper Technology and/or its suppliers. All rights not expressly granted are reserved by Hot Pepper Technology.

2. All title and intellectual property rights in and to the content which may be accessed through the use of the SOFTWARE PRODUCT are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such contents.

U.S. GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Its use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Hot Pepper Technology/ P.O. Box 770374/Coral Springs, FL 33077-0374.

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 U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE PRODUCT: (1) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (2) 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 (3) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.

NOTE ON JAVA SUPPORT

THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

LIMITED WARRANTY

Hot Pepper Technology warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Hot Pepper Technology shall be substantially as described in applicable written materials provided to you by Hot Pepper Technology. Hot Pepper Technology support engineers will make reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days. The above limitation may not apply in states/jurisdictions that do not allow limitations on the duration of an implied warranty.

CUSTOMER REMEDIES

Hot Pepper Technology’s and its suppliers’ entire liability and your exclusive remedy shall be, at Hot Pepper Technology’s option, either by (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Hot Pepper Technology’s Limited Warranty and is returned to Hot Pepper Technology with a copy of your receipt. 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 United States, neither these remedies nor any product support services offered by Hot Pepper Technology are available without proof of purchase from an authorized international source.

Should you have any questions concerning this EULA, please contact
Hot Pepper Technology at:
1-954-340-8834 ph/fax USA or sales@hotpepperinc.com
www.HotPepperInc.com

Or write to:

Hot Pepper Technology, Inc.
P.O. Box 770374
Coral Springs, FL. USA 33077-0374

MISCELLANEOUS

If you acquired this product in the United States, this EULA is governed by the laws of the State of Florida. If you acquire this product on behalf of the U.S. Federal Government, then this EULA is governed by Federal Law. If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably affirms the jurisdiction of the Province of Ontario courts and agrees to comply with any decisions pertaining to this EULA that result from litigation initiated in the Judicial District of York, Province of Ontario. If this product was acquired outside the United States, then local law may apply.

NO OTHER WARRANTIES

To the maximum extent permitted by applicable law, Hot Pepper Technology 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


Due to the limitations imposed by AOL's restrictive proprietary files, HPT assumes no liability for the interpretation or completeness of EMD reports provided to a Licensee or end-user. Licensee may not use the EMD software or EMD reports provided by HPT for unlawful, or inappropriate purposes.

To the maximum extent permitted by applicable law, in no event shall Hot Pepper Technology 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 Hot Pepper Technology has been advised of the possibility of such damages. In any case, Hot Pepper Technology’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 U.S. $5.00; provided, however, if you have entered into a Hot Pepper Technology support services agreement, Hot Pepper Technology’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.

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