MediaAutoResponder.com END-USER SOFTWARE AGREEMENT


MediaAutoResponder.com is a reseller of the Media Autoresponder Software and therefore will be will be bound the MediaAutoresponders Resellers Agreement.This Software Agreement ("Agreement") is between You (either an individual or an entity), the End User, and MediaAutoResponder.com ("MediaAutoResponder.com"). The Agreement authorizes You to use the Software specified in Clause 1 below, which may be stored on a CD-ROM, sent to You by electronic mail, or downloaded from MediaAutoResponder.com's Web pages or Servers or from other sources under the terms and conditions set forth below. This is an agreement on end-user rights and not an agreement for sale. MediaAutoResponder.com continues to own the copy of the Software and the physical media contained in the sales package and any other copy that You are authorized to make pursuant to this Agreement.
Read this Agreement carefully before installing, downloading, or using the Software. By ordering, installing, downloading, and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, cancel the installation or downloading, or destroy or return the Software and accompanying documentation to MediaAutoResponder.com. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.


1. SOFTWARE.


As used in this Agreement, the term "Software" means, collectively: (i) the software product identified above (ii) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the software delivered via a CD-ROM, electronic mail, or Web page (iii) digital images, stock photographs, clip art, or other artistic works ("files") (iv) related explanatory written materials and any other possible documentation related thereto ("Documentation"); (v) fonts, and (vi) upgrades, modified versions, updates, additions, and copies of the Software (collectively "Updates"), if any, licensed to You by MediaAutoResponder.com under this Agreement.


2. END USER RIGHTS AND USE.


MediaAutoResponder.com grants to You non-exclusive, non-transferable end-user rights to install the Software on a any domain name that you have registered.


3. LIMITATIONS ON END USER RIGHTS.


You may not copy, distribute, or make derivative works of the Software except as follows:
(a) You may make one copy of the Software on magnetic media as an archival backup copy, provided Your archival backup copy is not installed or used on any computer, server, or domain name. Any other copies You make of the Software are in violation of this Agreement.
(b) You may not use, modify, translate, reproduce, or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement.
(c) You may not resell, sublicense, rent, lease, or lend the Software.
(d) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software.
(e) Unless stated otherwise in the Documentation, You shall not display, modify, reproduce, or distribute any of the files included with the Software. In the event that the Documentation allows You to display the files, You shall not distribute the files on a stand-alone basis, i.e., in circumstances in which the files constitute the primary value of the product being distributed. Files may not be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographic material or in any otherwise illegal manner. You may not register or claim any rights in the files or derivative works thereof.
(f) You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.


4. COPYRIGHT.


The Software and all rights, without limitation including proprietary rights therein, are owned by MediaAutoResponder.com and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of MediaAutoResponder.com and/or its licensors and affiliates. You must not copy the Software, except as set forth in clause 3 (Limitations On End-User Rights). Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software.


5 .MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES.


You may not rent, lease, sublicense, lend, or transfer versions or copies of the Software You do not use. If the Software is an Update to a previous version of the Software, You must possess valid end-user rights to such a previous version in order to use the Update, and You may use the previous version for ninety (90) days after You receive the Update in order to assist You in the transition to the Update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to install the Update.


6. COMMENCEMENT & TERMINATION.


This Agreement is effective from the first date You install the Software. You may terminate this Agreement at any time by permanently deleting, destroying, and returning, at Your own costs, the Software, all backup copies, and all related materials provided by MediaAutoResponder.com. Your end-user rights automatically and immediately terminate without notice from MediaAutoResponder.com if You fail to comply with any provision of this Agreement. In such an event, You must immediately delete, destroy, or return at Your own cost, the Software, all backup copies, and all related material to MediaAutoResponder.com.


7. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
NEITHER MediaAutoResponder.com, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY MediaAutoResponder.com OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.
8. NO OTHER OBLIGATIONS.


This Agreement creates no obligations on the part of MediaAutoResponder.com other than as specifically set forth herein.


9. LIMITATION OF LIABILITY.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MediaAutoResponder.com, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MediaAutoResponder.com OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, MediaAutoResponder.com, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50.00.
Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits MediaAutoResponder.com's liability to You in the event of death or personal injury resulting from MediaAutoResponder.com's negligence. MediaAutoResponder.com is acting on behalf of its employees and licensors or affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause 9, but in no other respects and for no other purpose.


10. TECHNICAL SUPPORT.
MediaAutoResponder.com has no obligation to furnish You with technical support unless separately agreed in writing between You and MediaAutoResponder.com.


11. NOTICES.
All notices and return of the Software and Documentation should be delivered to:
Media Auto Responder.net
Admin@MediaAutoResponder.com


12. APPLICABLE LAW & GENERAL PROVISIONS.


This Agreement is governed by the laws of California. All disputes arising from or relating to this Agreement shall be settled by a single arbitrator appointed by the Orange County Court System of California. The arbitration procedure shall take place in Orange County, California in the English language. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of MediaAutoResponder.com, although MediaAutoResponder.com may vary the terms of this Agreement.
This is the entire agreement between MediaAutoResponder.com and You relating to the Software, and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the Software.

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