Mailit ST License Confirmation

Confirm the Mailit ST license agreement to download

Mailit ST is free. Using Mailit ST beyond the trail period of the Mailit FileMaker® plug-in requires a server license of Mailit 8.

"DACONS
 http://www.dacons.net 
Dacons Mailit Plug-in Software and Apps License Agreement 1. IMPORTANT NOTICE: YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU DOWNLOAD, INSTALL OR USE Dacons PROPRIETARY MAILIT SOFTWARE AND APPS. BY INSTALLING OR USNG THE SOFTWARE AND APPS, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE OR APPS. 
2. DEFINITIONS ”Dacons” – Dacons UG (haftungsbeschränkt). Legal address: Am Fürstenweiher 31, 69118 Heidelberg, Germany ”You” and ”Your” - the party purchasing a license or evaluating the software under the terms of this agreement. ”Software” or ”Licensed Software” or ”plug-in” means the plug-in Mailit, compiled objects, libraries, modules, license key and any and all updates thereto, together with all associated documentation and examples provided by Dacons or its authorized resellers. ”License Key” or ”registration code” – a unique code provided by Dacons which identifies You, as well as the license type, and which unlocks or enables certain features of the Licensed Software ”Solution” or ”Your Solution” - a software FileMaker solution that You develop which incorporates all or parts of the Licensed Software. “Apps” - a software FileMaker solution that we provide, free or for payment, as a means to demonstrate plug-in functionality or emailing ”Trial Period” - a specified period of time during which You may temporarily use the Licensed Software for evaluation purposes only. Dacons UG (haftungsbeschraenkt) Mailit Software and Apps License Agreement 1 of 10 3A. GENERAL LICENSE GRANT In consideration of Your payment of applicable license fees and/or Your acceptance of the terms of this Agreement, Dacons hereby grants to You certain nonexclusive and nontransferable rights limited by the terms of this Agreement. The Licensed Software is licensed (not sold) to You, for use strictly under the terms of this Agreement. The Software is licensed (not sold) to you, in machine-readable (object code) form only for use only under the terms of this Agreement, and Dacons reserves all rights not expressly granted to you in this Agreement. If a License Key contains an expiration date or does not indicate the number of users licensed, it is considered temporary, and multiple developers may use it for the sole purpose of evaluating the Software. With a developer license, you are granted a nonexclusive, royalty-free license to integrate the plug-in into your FileMaker ® solution and to distribute such plug-ins in connection with such solution, provided that (a) such solution do not in any way compete with the Software or expose the functionality of the Software through a programmable interface, and (b) the solution has not been programmed for your in-house use in which case you need to buy a network license (c) you purchased a network or developer license that allows for the number of end-users in one organization that will actually use your solution and (d) you are not de- veloping, or selling any types of plug-ins or extensions for the database software FileMaker as that would be in competition to Dacons own plug-ins for FileMaker. You may embed the License Key in Solutions that you distribute, provided that the following conditions are met: (a) each such Solution must be marked with a prominent copyright notice bearing your name as it appears in the License Key; (b) the License Key may not be embedded in any such Solution or distributed in any other manner that makes the License Key visible to the end user; and (c) Licensee may only distribute Dacons plug-ins in conjunction with and as a part of Licensee’s own software product. Licensee’s software product may include bound FileMaker Pro solutions and ”unbound” native FileMaker Pro solutions If you up- grade the Software to a higher-numbered version thereof or to a comparable Dacons software product, this license is terminated and your rights shall be limited to the license associated with that product or version. 3B. TRAIL LICENSE To facilitate an evaluation of the Licensed Software by You, Dacons may provide a temporary Trail Key that are encoded with an embedded expiration date. This trail key might be embedded in the ”demo download” of the plug-in. The License granted in conjunction with such Trail Key and the ”demo version” is considered temporary, and multiple developers may use it for the sole purpose of evaluating the Licensed Software dur- ing a specific Evaluation Trial Period. Licensed Evaluation Trial Software contains mechanisms that inhibit its ability to function at a later date. Those are not allowed to be manipulated. It is Your responsibility to Dacons UG (haftungsbeschraenkt) Mailit Software and Apps License Agreement 2 of 10 ensure that the Solution You create do not contain Licensed Evaluation Trial Software. 3C. SINGLE AND NETWORK LICENSE FOR UP TO 10 USERS IN A NETWORK The following terms and conditions contained in this section (3C) apply to You if at the time of original purchase or most recent upgrade, the License granted to You by Dacons was defined as ”Single or Network License” License. You are hereby granted a nonexclusive license to integrate the Licensed Software into Your Solution and to use this solution privately or in your company. You may use this license on one or 10 computers depending which size of single/ network license you purchased (indicated by the ”seats in a network” number purchase). You may use the plug-in with your solution at your entire company site (one postal address). This license does not allow deployment of the plug-in on FileMaker Server or FileMaker Server Advanced (see 3D, 3E and 3F for licenses that allow deployment with FileMaker Server or FileMaker Server Advanced). You must not distribute or sell the plug-in with your solution to any third party if you do not own a Single solution developer license (see 3F) or a Solution portfolio developer license (see 3G). For each License Key provided to You by Dacons, You are granted a nonexclusive License to provide the Licensed Software and/or the License Key(s) to the number of Your employees as indicated by Dacons and further explained above. Should the number of users in your company with access to the Licensed Software and/or the License Key(s) ever exceed the number indicated at the time of original purchase or most recent upgrade, You agree to inform Dacons of such change and to upgrade Your License accordingly by paying an upgrade fee to Dacons in a timely manner. 3D. NETWORK LICENSE 15 AND MORE USER IN A NETWORK The following terms and conditions contained in this section (3D) apply to You if at the time of original pur- chase or most recent upgrade, the License granted to You by Dacons was defined as ”Single or Network License” License. You are hereby granted a nonexclusive license to integrate the Licensed Software into Your Solution and to use this solution privately or in your company. You may use this license on 15 computers if you bought a network license for up to 15 users. You may use the plug-in with your solution at your entire company site (one postal address) if you bought a ”Site License” of Dacons plug-in or worldwide in one named organization if you bought a ”World License”. This license does also allow deployment of the plug-in on one FileMaker Server or FileMaker Server advanced. Dacons UG (haftungsbeschraenkt) Mailit Software and Apps License Agreement 3 of 10 You must not distribute or sell the plug-in with your solution to any third party if you do not own a Single solution developer license (see 3F) or a Solution portfolio developer license (see 3G). For each License Key provided to You by Dacons, You are granted a nonexclusive License to provide the Licensed Software and/or the License Key(s) to the number of Your employees as indicated by Dacons and further explained above. Should the number of users in your company with access to the Licensed Software and/or the License Key(s) ever exceed the number indicated at the time of original purchase or most recent upgrade, You agree to inform Dacons of such change and to upgrade Your License accordingly by paying an upgrade fee to Dacons in a timely manner. 3E. SERVER LICENSE The following terms and conditions contained in this section (3E) apply to You if at the time of original pur- chase or most recent upgrade, the License granted to You by Dacons was defined as ”Server” License. You are hereby granted a nonexclusive license to integrate the Licensed Software into Your Solution and to use this solution privately or in your company. You may use this license if your solution requires the plug-in functions only on one server side (e.g. SSS or Web Publishing) in combination with FileMaker Server or File- Maker Server Advanced (FileMaker Server and FileMaker Server Advanced have to be licensed separately from FileMaker Inc.). You must not distribute or sell the plug-in with your solution to any third party if you do not own a Single solution developer license (see 3F) or a Solution portfolio developer license (see 3G). For each License Key provided to You by Dacons, You are granted a nonexclusive License to provide the Licensed Software and/or the License Key(s) to the number of Your employees as indicated by Dacons and further explained above. Should the number of users in your company with access to the Licensed Software and/or the License Key(s) ever exceed the number indicated at the time of original purchase or most recent upgrade, You agree to inform Dacons of such change and to upgrade Your License accordingly by paying an upgrade fee to Dacons in a timely manner. 3F. SOLUTION PORTFOLIO DEVELOPER LICENSE The following terms and conditions contained in this section (3G) apply to You ONLY if at the time of original purchase or most recent upgrade, the License granted to You by Dacons was defined as ”Solution portfolio developer” License. You are hereby granted a nonexclusive, royalty-free license to integrate the Licensed Software into an un- limited number of FileMaker Solutions for contract development and/or to distribute such Licensed Software in connection with Your Solution including adaptions, provided that (a) Your Solutions do not in any way compete with the Licensed Software or expose the functionality of the Licensed Dacons UG (haftungsbeschraenkt) Mailit Software and Apps License Agreement 4 of 10 Software through a programmable interface; (b) each of Your Solutions developed using Licensed Software is substantially larger, more complex, and contains a significantly wider range of functions as compared to the Licensed Software; (c) each of Your Solutions developed using Licensed Software is designed for end users rather than for de- velopers who would be able to build other software that would compete with the Licensed Software, (d) you are not developing, or selling any types of plug-ins or extensions for the database software FileMaker as that would be in competition to Dacons own plug-ins for FileMaker and (e) You do not permit further distribution of the Licensed Software by Your end users. You may embed the License Keys in the Solution You distribute, provided that the following conditions are met: (a) each such Solution must be marked with a prominent copyright notice bearing Your name as de- clared by You during purchase of the License; (b) the License Key may not be embedded in any such Solution or distributed in any other manner that makes the License Key visible to the end user. You may allow the use of your solution with the amount of end-users running your solution at one client organization depending of the number of seats you bought the developer license for. Your solution together with the plug-in may be used on one to 10, 25 or unlimited number of computers depending which size of developer license you purchased (indicated by the ”number of computer in the end user network” number purchase). You may not use the plug-in for in-house solutions if you bought the developer license. To use a plug-in in combination with your solution in-house you need to buy the appropriate single or network license. This license does allow deployment and distribution of the plug-in on one FileMaker Server or FileMaker Server at each end customers. Above conditions apply for distribution. For each License Key provided to You by Dacons, You are granted a nonexclusive License to provide the Licensed Software and/or the License Key(s) to the number of end-users at your clients site as indicated by Dacons and explained above. Should the number of end-users with access to the Licensed Software ever exceed the number indicated at the time of original purchase or most recent upgrade, You agree to inform Dacons of such change and to upgrade Your License accordingly by paying an upgrade fee to Dacons in a timely manner. 4. TERMS OF USE In order to use the Software as well as any Apps provided by Dacons (email solution apps, example apps like “Personal Mail” or “Mailit ST”), you must: Be at least eighteen years old and able to enter into this agreement and agree to its terms. By using the Software and Apps, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Software and Dacons UG (haftungsbeschraenkt) Mailit Software and Apps License Agreement 5 of 10 Apps in a way that violates any laws or regulations. Note that by representing and warranting you are making a legally enforceable promise. We own all proprietary rights in the Apps we provide including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. Rules and Abuse By using the Software and Apps, you are making a legally enforceable promise to follow these rules: You are aware that you are solely responsible for the messages you send and data you process with the Software or Apps. You are responsible to be compliant with any data protection and privacy laws while handling data with the Software or Apps. You will not send spam. You will not send unsolicited emails. In many cases sending unsolicited email (AKA Spam) is in violation of the law, and you will be solely accountable and liable for damages and violations. You will not use purchased, rented, or third-party lists of email addresses. You will not use the Software or Apps to distribute anything offensive, to promote anything illegal, or to threat or harass anyone or any hateful content. You may not use the Software and Apps to create, send, display, advertise, or sell (as applicable): Illegal goods or services, emails that violate the CAN-SPAM act or other anti-spam laws, pornography/sexually explicit content, campaigns promoting or supporting terrorism or violent extremism, counterfeit products or products that infringe the intellectual property rights of others, products claiming to prevent, treat, or cure COVID-19 that are not approved or authorized for emergency use by regulatory or public health agencies. You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws if you deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users . 5. RESTRICTIONS ON USE AND TRANSFER. You may not sublicense, rent, lease, assign or otherwise transfer the Licensed Software or any of Your rights thereto, either in whole or in part, to anyone else, except that You may, after obtaining written permis- sion from Dacons, permanently transfer the Licensed Software in its entirety, provided You retain no copies of the Licensed Software and the transferee agrees to the terms and conditions of this Agreement. Use of the Licensed Software with a License Key obtained from a source other than Dacons or its authorized resellers is expressly and strictly forbidden. Dacons reserves the right to take any and all actions that Dacons, in its sole discretion, deems necessary to protect against, monitor and Dacons UG (haftungsbeschraenkt) Mailit Software and Apps License Agreement 6 of 10 control the use of the Licensed Software with illegal License Keys. You agree to ensure that anyone who uses any portion of the Licensed Software provided to You complies with the terms and conditions of this Agreement. 6. INTELLECTUAL PROPERTY RIGHTS. You acknowledge that the Licensed Software contains copyrighted material, trade secrets, trademarks and other proprietary material of Dacons (”Confidential Information”), and is protected under international copy- right law and other applicable laws. You may not engage in any unauthorized use or disclosure of any Confidential Information. You agree that the source code of the Licensed Software is confidential and propri- etary to Dacons. Accordingly, You may not copy the Licensed Software, or decompile, disassemble, reverse engineer or create a derivative work based upon the Licensed Software, or authorize anyone else to do so. You must reproduce and maintain all copyright notices that are contained in the Licensed Software on any copy thereof that You make or use. 7. TERM AND TERMINATION. Except as otherwise provided in this Agreement, the term of the license granted herein is perpetual and becomes effective when You install or use the Licensed Software. You may terminate this license at any time by destroying any and all copies of the Licensed Software. This Agreement and the associated license for the Licensed Software will terminate automatically and without provision of notice by Dacons if You fail to comply with any of the terms or conditions of this Agreement or if You cease permanent use of the Licensed Software, for whatever reason. Upon termination of this Agreement for any reason, You agree that You will destroy all copies of the Licensed Software. In addition to this sentence and the previous sentence, Sections 4, 5 and 7-12 shall survive any termination of this Agreement. 8. LIMITED WARRANTY. Dacons warrants that the Licensed Software will perform substantially in accordance with its accompanying documentation, when operated in the execution environment specified in such documentation, for the warranty period ending thirty (30) days following the date on which You first install or first use the Licensed Software. This limited warranty is void if failure of the Licensed Software to conform to such warranty is caused in whole or in part by (a) any defect in any hardware or other equipment used with the Licensed Soft- ware; (b) any failure of any hardware or any other equipment used with the Licensed Software to function in accordance with applicable manufacturer’s specifications for such items; (c) any alteration, modification or enhancement of the Licensed Software by You or anyone other than Dacons; (d) any failure by You or anyone else to Dacons UG (haftungsbeschraenkt) Mailit Software and Apps License Agreement 7 of 10 follow Dacons instructions with respect to proper use of the Licensed Software; or (e) im- proper use, abuse, accident, neglect or negligence on the part of You or anyone other than Dacons. Dacons will not be obligated to honor the limited warranty or provide any remedy thereunder unless the Licensed Software is returned to Dacons along with the original dated receipt. Any replacement Licensed Software will be warranted for thirty (30) days following the date on which Dacons provides it to You. You understand that no Licensed Software updates or upgrades are included with this limited warranty and that Dacons may update or revise the Licensed Software at any time and, in so doing, incurs no obligation to furnish such updates or revisions to You. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, THE LICENSED SOFTWARE IS PRO- VIDED TO YOU ”AS IS”, AND DACONS MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSO- EVER WITH RESPECT TO ITS FUNCTIONALITY, CONDITION, PERFORMANCE, OPERABILITY OR USE. WITHOUT LIMITING THE FOREGOING, DACONS DISCLAIMS ALL IMPLIED WARRANTIES IN- CLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM INFRINGEMENT. SOME JURISDICTIONS DO NOT AL- LOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER. 9. LIMITATIONS OF LIABILITY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING LIMITED WAR- RANTY SHALL BE, AT DACONS OPTION, EITHER (A) REPAIR OR REPLACEMENT OF THE LICENSED SOFTWARE SO THAT IT CONFORMS TO THE FOREGOING LIMITED WARRANTY, OR (B) REFUND OF THE FEE THAT YOU PAID TO LICENSE THE LICENSED SOFTWARE. IN NO EVENT SHALL DACONS BE LIABLEFOR ANY DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, LOSSES RESULTING FROM BUSINESS INTERRUPTION OR LOSS OF DATA, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY UNDER WHICH SUCH LIABILITY MAY BE ASSERTED, EVEN IF DACONS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. DACONS SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED SOFTWARE, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA. IN NO EVENT SHALL DACONS’ MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO LICENSE THE LICENSED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABIL- ITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Dacons UG (haftungsbeschraenkt) Mailit Software and Apps License Agreement 8 of 10 10. INDEMNIFICATION. You agree to defend, indemnify, and hold Dacons and all of its employees, agents, representatives, direc- tors, officers, partners, shareholders, attorneys, predecessors, successors, and assigns harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from Your use of the Licensed Software, or any breach of this Agreement, except to the extent such claim relates to or arises from a violation by Dacons of any third party copyright, trademark, trade secret or other intellectual property right. 11. U.S. GOVERNMENT RESTRICTED RIGHTS. If You are licensing the Licensed Software on behalf of the U.S. Government or any of its agencies (”Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Licensed Software by the Government is subject to restricted rights in accordance with Federal Acquisition Regulation (” FAR”) 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement (”DFARS”) 227.7202 for military agencies. The Licensed Software is commercial. Use of the Licensed Software by the Government is further restricted in accordance with the terms and conditions of this Agreement. 12. MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its appli- cation in any other circumstances and the remaining provisions of this Agreement shall not be affected. No waiver of any right under this Agreement shall be effective unless given in writing by an authorized repre- sentative of Dacons. No waiver by Dacons of any right shall be deemed to be a waiver of any other right of Dacons arising under this Agreement. This Agreement is solely between You and Dacons and shall not be construed to create any third party beneficiary rights in any other individual, partnership, corporation or other entity. This Agreement shall be governed by and interpreted in accordance with the laws of the United Kingdom, without regard to its provisions governing conflicts of law. Any and all disputes between You and Dacons pertaining to this Agreement shall be submitted to one arbitrator in binding arbitration within ten miles of London.. The arbitrator shall be experienced in computer consulting, the development of custom software, the sale of packaged software, or related services. Evidence and argument may be presented in person or by telephone, fax, postal mail, electronic mail, and other methods of communication approved by the arbitrator. The prevailing party in such proceeding shall be entitled to recover its actually incurred costs, including reasonable attorney’s fees, arbitration and court costs. All hearings shall be held and a written ar- bitration award issued within one-hundred eighty (180) days of the date on which the Dacons UG (haftungsbeschraenkt) Mailit Software and Apps License Agreement 9 of 10 arbitrator is appointed. Judgment on the award shall be final and binding and may be entered in any court of competent jurisdiction. 13. ENTIRE AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DACONS, AND THAT IT SUPERSEDES ANY PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE LI- CENSED SOFTWARE AND THE SUBJECT MATTER HEREOF. DACONS SHALL NOT BE BOUND BY ANY PROVISION OF ANY PURCHASE ORDER, RECEIPT, ACCEPTANCE, CONFIRMATION, CORRE- SPONDENCE OR OTHERWISE, OR BY ANY AGREEMENT BETWEEN YOU AND ANY OTHER PARTY, UNLESS DACONS SPECIFICALLY AGREES TO SUCH PROVISION IN WRITING IN A FORM OF A LEGAL CONTRACT, DATED AND SIGNED BY YOU AND BY DACONS OFFICER OR AUTHORIZED EMPLOYEE. NO VENDOR, DISTRIBUTOR, PROVIDER, RESELLER, OEM, SALES REPRESENTATIVE, OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRE- SENTATION OR PROMISE REGARDING THE LICENSED SOFTWARE WHICH IS DIFFERENT FROM THOSE SET FORTH IN THIS AGREEMENT. The licence and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.] Updated Jan 5, 2022. Dacons UG (haftungsbeschraenkt) Mailit Software and Apps License Agreement 10 of 10 ";

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