End User License Agreement (EULA)
SOFTWARE PRODUCT: AXIGEN Mail Server
Copyright since 2001 (C) GeCAD Technologies LTD - All Rights Reserved
AXIGEN is a trademark of GeCAD Technologies LTD (GeCAD)


IMPORTANT. READ CAREFULLY:

GeCAD Technologies LTD, with its headquarter in Romania, Bucharest, having the
registration no. J40/10031/2001 and VAT ID RO 14330785 is the owner of this
Software Product.
SOFTWARE PRODUCT
This Software Product includes computer software and associated media and
printed materials (if any), and may include online or electronic documentation
or any copies of them. 
The SOFTWARE PRODUCT is licensed, not sold. The acceptance of any purchase
order placed by you is expressly made conditioned on your assent to the terms
set forth herein, and not those set by you within the purchase order. All
rights of any kind, which are not expressly granted by the present EULA, are
entirely and exclusively reserved to and by GeCAD.
START DATE
By downloading, installing, copying, or otherwise using the SOFTWARE PRODUCT,
you agree to be bound by the terms of this EULA. If you do not agree with the
present EULA, you are not authorized to download, install, to copy or to
otherwise use the SOFTWARE PRODUCT. Obtaining the ownership of the material
support of the software only shall not grant you any right to install, to copy,
to use, or to otherwise exploit the SOFTWARE PRODUCT.

1. TYPES OF LICENSE

a. Axigen Mail Server - Standard License 
The SOFTWARE PRODUCT is not free software. Therefore you, as Licensee, hereby
agree to pay the license fee, per copy of the SOFTWARE PRODUCT acquired. 
Commencement date: The license granted by this EULA commence on the date that
you install, copy or otherwise first use the SOFTWARE PRODUCT but no later than
1 month after the purchase date. The license shall be either perpetual or
limited in time based on the product type and/or purchasing documents, except
if otherwise expressly provided within the license type you acquire.
Delivery and registration: The delivery of the SOFTWARE PRODUCT is in the form
of a Registration Code (an alpha numeric code). As an End User you have to
register the SOFTWARE PRODUCT using the Registration Code with GECAD directly,
at www.axigen.com.
As a result of the registration GECAD will send you the License Key in the form
of a file, which enables you to use the Software Product in the terms of this
EULA and in the quantity described in the Purchasing Documents.
You may not provide or make available by any means the Registration Code and
the License Key to any third party. You undertake to take such steps as are
necessary in order to protect the License Key against unauthorized use. Should
a multiple use of the License Key be detected, GECAD is entitled to damages for
the prejudice suffered and may terminate your use of the Software without any
compensation.
Right to use & install. Except as set forth below, this license grant you the
non-exclusive and non-transferable right to install and use the copy of the
SOFTWARE PRODUCT on as many servers, for the purpose of serving as many
mailboxes and domains and for as many Locations (meaning postal address where
is/are located the server/-s with the Software Product), as expressly set by
purchase document. Any new server, mailbox, domain and Location exceeding the
number allowed by the present EULA and the purchase document, may be served by
the SOFTWARE PRODUCT only after payment of the appropriate license fee and/or
written approval of GECAD.
Maintenance The standard license includes one year of Maintenance (as defined
herewithin at section d)). Thereafter, you shall have the option of purchasing
annual Maintenance services from GECAD.
Support Services: The standard license includes one year of Basic Support and
it is conditioned by the registration of the SOFTWARE PRODUCT, on the GECAD
website. Renewal of the Basic support for one additional year is free of
charge, however, is subject to registration on www.axigen.com site and
Gecad's approval. 
Miscellaneous 
From time to time, only for a limited period of time, GeCAD can grant without
charge Standard Licenses of AXIGEN to a certain type of end users, for
marketing and publicity matters and not for sale or any other type of commerce
for profit. In this case you are also bound to the rest of the applicable
obligations provided by the present EULA.

b. AXIGEN Mail Server - Evaluation license and registration
This Evaluation license and registration of the SOFTWARE PRODUCT is free
software. 
Right to install and use: This license grants you the non-exclusive and
non-transferable right to install and use Evaluation Version of the SOFTWARE
PRODUCT on one computer only, for evaluation purposes only, without charge for
a period of 30 (thirty) days. You are also bound to the terms & conditions
provided by Article 1 point a) above, except the restriction regarding the
number of mailboxes, domains and Locations.
Right to distribute: During the evaluation period you are hereby licensed,
without charge, for the following:
(ii) to give exact copies of this Evaluation Version of the software personally
to anyone, except for the purpose of extending their 30 (thirty) day evaluation
period;
(iii) to distribute exact copies of this Evaluation Version of the software, if
done exclusively through electronic channels.
No benefits: You are specifically prohibited from charging, requesting
donations or otherwise asking or receiving economical benefits for any such
copies, however made, and from distributing the software and/or documentation
with other products (commercial or otherwise) without prior GeCAD written
permission. 
Termination: Upon expiration of the evaluation period you are obliged to
uninstall and destroy all SOFTWARE PRODUCT's copies. It is strictly forbidden
to partially or totally, temporary or definitively, reproduce or retain
SOFTWARE PRODUCT's copies, as well as to use for any purposes, to conduct any
other activity concerning SOFTWARE PRODUCT's copies upon expiration of the
evaluation period. 
Unregistered and unauthorized use of the software after the 30 day evaluation
period represents a violation of GECAD's copyright as well as a violation of
Romanian and international copyright laws.

c. Axigen Mail Server - Educational License 
You may use the SOFTWARE PRODUCTS acquired in special conditions (usually lower
price) as Educational License ONLY if you are an educational institute or an
academic personnel, within the terms and conditions hereunder, ONLY on
educational purpose computers. You are also bound to the obligations provided
by Article 1 point a) above.
The following entities are entitled to acquire Educational License:
(i)academic institutions in conjunction with educational activities such as
teaching, research;
(ii)academic personnel in conjunction with teaching and learning activities.
You hereby agree to demonstrate the status of educational or of academic
personnel institute by sending specific documents to GeCAD or to a GeCAD
Partner if required by GeCAD or by a GeCAD Partner. Failure to comply with this
obligation will entitle Gecad not to apply the special conditions (lower price)
or in case these special conditions were already given to refund/charge back.
	  	
d. Axigen Mail Server's Maintenance
The SOFTWARE PRODUCT is updated from time to time (such as bug fixes or other
improvements). This are referred to as 'Maintenance'. The standard
license includes one year of Maintenance. 
After the expiration of the first year of maintenance benefits as provided by
the standard license within Article 1 a), you may obtain software updates by
purchasing Maintenance subscription for successive and consecutive periods of
one year each. During the Maintenance period, the general rules which are
provided by Article 1 a) shall apply.
GeCAD has the right to discontinue creating, releasing and providing
maintenance for or related to the SOFTWARE PRODUCT version acquired by you in
case GeCAD releases a new version of the SOFTWARE PRODUCT. In such case, during
Maintenance period, you may obtain without any charge the newly released
version (to replace the one acquired previously by you), provided that you
previously have registered the SOFTWARE PRODUCT from GeCAD. This upgrade to new
version will not extend the content update period of one year. These represent
the general rules of granting maintenance under the present EULA.
Maintenance services shall comprise of the provision of new versions of the
SOFTWARE PRODUCT only, and no other maintenance services or assistance are
included.

2. GENERAL RIGHTS AND LIMITATIONS

a) Messages and Notifications
You accept that from time to time, the SOFTWARE PRODUCT will send a message
containing details of the key or keys installed to GECAD and it agrees not to
interfere with the delivery of this message.
You accept, that GECAD may receive error messages from the SOFTWARE PRODUCT
installed on the your system in the event that the SOFTWARE PRODUCT fails for
some reason (and that GECAD has the option to turn this off)

b) Storage
You may also make as many copies of the SOFTWARE PRODUCT, for back-up purposes
only.

c) Derivative works
GeCAD reserves all rights not expressly granted by the present EULA including,
without limitation, modification rights, translation rights, rights to source
code etc. You are not allowed to make, or to allow being made any kind of
derivative works products, from the SOFTWARE PRODUCTS concerned by the present
EULA. Consequently, you are strictly forbidden to add, change, modify, erase
features and / or interfaces related to the SOFTWARE PRODUCT, or to any other
way create or alter such features and / or interfaces, except for changes to
the HTML pages with the exception of preservation of the GeCAD Technologies LTD
copyright to the HTML help and 'about us' pages. You are also forbidden
to allow other parties to add, change, modify, erase features and / or
interfaces related to the SOFTWARE PRODUCT, or to any other way create or alter
such features and / or interfaces.
In case you want to have the right to make any kind of derivative works from
the SOFTWARE PRODUCT, you must obtain GeCAD's express, prior and written
approval in this respect.

c) Reverse Engineering
You may not modify, translate, reverse engineer, recompile, disassemble or
create derivative works based on the SOFTWARE PRODUCT, or any portion thereof.

d) Copying
You may not copy the Software or Documentation except as expressly provided by
this EULA.

e) Transfer
You may not sell, loan, rent, lease or any other way transfer the SOFTWARE
PRODUCT or Documentation. 

f) Proprietary Notices
You may not remove, add or modify any proprietary notices, labels or marks on
the Software or Documentation.

g) Use of GeCAD's name
You may not use GeCAD's name(s), logo(s), or trademark(s) in any manner
including, without limitation, in your advertising or marketing materials
without written content.
You hereby undertake yourself not to use any name or trademark confusingly
similar to a GeCAD or to a GeCAD licensed third party's trademark, trade name
and/or product name. You hereby undertake yourself not to interfere with or
diminish GeCAD right, title and/or interest in GeCAD or licensed third party's
trademark(s), trade name(s) or Product name(s).

h) Confidentiality
The company undertakes to treat as confidential and keep secret all information
contained or embodied in the software and Documentation supplied by GeCAD.

2. TERMINATION

The license will automatically terminate if you fail to comply with the
obligation and limitations herein described. On termination you must destroy
all copies of the Software Product(s) and Documentation and all its component
parts. There shall be no refund or adjustment for amounts paid by you to GeCAD
for SOFTWARE PRODUCT(s) destroyed in accordance with the present article. The
provisions of the present EULA which by their nature extend beyond the
termination date of the EULA will survive and remain in effect and enforceable
until all obligations are fully satisfied. 

4. LIMITED WARRANTY

a. Media
GeCAD warrants that the media containing the SOFTWARE PRODUCT, if provided by
GeCAD, is free from defects in material and workmanship and will so remain for
30 (thirty) days from the date you acquired the SOFTWARE PRODUCT. Gecad’s
sole liability, and your sole remedy, for any breach of this warranty shall be
to replace your defective media. Replaced media shall be covered by this
limited warranty for 30 (thirty) days after the date of shipment to you of the
replaced media.

b. Software Product
This software and the accompanying files are provided "as is" and without
warranties as to performance or merchantability or any other warranties whether
expressed or implied. Because of the various hardware and software environments
into which the SOFTWARE PRODUCT may be put, no warranty or fitness for a
particular purpose is offered. 
Good data processing procedure dictates that any program should be thoroughly
tested with non-critical data before relying on it. The user hereby agrees to
assume the entire risk of using the program.
GeCAD will use reasonable commercial efforts to provide solutions for any
reported malfunctions. 

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY GECAD. GECAD
MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, AND
EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NO INFRINGEMENT OF THIRD PARTY RIGHTS. THE DURATION OF
IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR
CONDITIONS OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS
LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; NO GECAD PARTNER, DISTRIBUTOR, OR
EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO
THIS WARRANTY. If you make any modifications to the SOFTWARE PRODUCT during the
warranty period, if the media is subjected to accident, abuse, or improper use,
or if you violate the terms of this EULA, then this warranty shall immediately
be terminated. This warranty shall not apply if the SOFTWARE PRODUCT is used on
or in conjunction with hardware or software other than the unmodified version
of hardware and software which the Software Product(s) was designed to be used
as described in the Documentation.
NO warranty refers to evaluation period.

5. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL GECAD OR ITS PARTNERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF GECAD'S LIST PRICE FOR A
LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF GECAD SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY.


6. COPYRIGHT

All intellectual property rights in and to the SOFTWARE PRODUCT and
Documentation are property of GeCAD. All intellectual property rights related
to the SOFTWARE PRODUCT remain property of GeCAD. Romanian copyright law, local
copyright law and international treaties protect the SOFTWARE PRODUCT as well
as the rights related to it.

7. MISCELLANEOUS 

This EULA represents the complete agreement concerning this license between the
parties and supersedes all prior agreements and representations between them.
This EULA may be amended only in writingby GECAD. If any provision of this EULA
is held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable and the remaining
provisions of this EULA shall remain in full force and effect.
This EULA will be governed by the law of the country of copyright holder.
Neither this EULA, nor any terms and conditions contained herein, shall be
construed as creating a partnership, joint venture or agency relationship or as
granting a franchise.
You shall, at your own expense, promptly obtain and arrange for the maintenance
of all mandatory government approvals, if any, and comply with all applicable
local laws and regulations as may be necessary for your performance under this
EULA.


