END-USER LICENSE AGREEMENT FOR: DAWKCO SMTP RULES COMPONENT SOFTWARE IMPORTANT-READ CAREFULLY This DAWKCo Software End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and DAWKCo Software, a division of The Kelly Company, for the DAWKCo software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, 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 return it to your place of purchase within 30 days for a refund, provided that you have not installed the SOFTWARE PRODUCT, you have destoyed any and all copies made of the SOFTWARE PRODUCT, you have not transferred the SOFTWARE PRODUCT or any copies of the SOFTWARE PRODUCT to any other person or entity, and you have not allowed any other person or entity to install, use or copy the SOFTWARE PRODUCT. SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. NOTICE: THIS DAWKCO SOFTWARE LICENSE IN NO WAY SUPERSEDES YOUR LICENSE FROM MICROSOFT GOVERNING YOUR USE OF THE MICROSOFT WINDOWS® OPERATING SYSTEM--it is entirely your responsibility to ensure your own compliance with the Microsoft license agreement governing your use of the Windows operating system. 1. GRANT OF LICENSE. This EULA grants you the following rights: · You may install and use one copy of the SOFTWARE PRODUCT on a single network server computer. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers. · You may make a copy, or copies, of the SOFTWARE PRODUCT for archival backup purposes only, such as on a tape backup system, etc. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. · By using the SOFTWARE PRODUCT, you agree and certify that neither the software, nor any other technical data received from DAWKCo Software, will be exported outside the United States of America into any country to which the U.S. has embargoed goods, or to a national or resident of any such country, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or otherwise in violation of or prohibited by the laws, rules, regulations or administrative orders of the government of the United States of America. By using the SOFTWARE PRODUCT, you are agreeing to the foregoing and are representing and warranting that you are not located in, under the control of, or a national or resident of any such country, on any such list or order, or subject to any such prohibition. · You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code by which the SOFTWARE PRODUCT operates, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. · The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. · You may not rent, lease, or lend the SOFTWARE PRODUCT. · DAWKCo Software may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. Technical information that you provide to DAWKCo Software while receiving Support Services may be used by DAWKCo Software for subsequent product support and development. · You may permanently transfer all of your rights under this EULA, provided that you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any and all upgrades and this EULA,) and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT. · Without prejudice to any other rights, DAWKCo Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by DAWKCo Software 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 formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. 4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by DAWKCo Software and The Kelly Company; copyright ©2003-2006 DAWKCo Software and The Kelly Company, all rights reserved. Portions of The SOFTWARE PRODUCT are derived from the RSA Data Security, Inc. "MD5 Message-Digest Algorithm," copyright ©1991-1992 RSA Data Security, Inc., all rights reserved. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer, provided that you keep the original and possibly a copy, or copies, solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. 5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT. 6. U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government is provided with the same commercial license rights and restrictions described elsewhere herein. Manufacturer is DAWKCo Software, 5675 Keene Rd, Corning, CA 96021-9223, United States of America. MISCELLANEOUS If you acquired this product in the United States, this EULA is governed by the laws of the State of California. If this product was acquired outside the United States, then local law may or may not apply. Should you have any questions concerning this EULA, or if you desire to contact DAWKCo Software for any reason, please contact: DAWKCo Software 5675 Keene Rd Corning CA 96021-9223 United States of America Phone: 1-530-824-9577 Fax: 1-530-824-2422 LIMITED WARRANTY DAWKCo Software warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with published specifications for a period of ninety (90) days from the date of receipt, and (b) that within that period, DAWKCo Software Support Services will accept up to two free direct phone call technical support incidents and make reasonable efforts to solve any problem issues; however, DAWKCo Software cannot and will not provide any on-site services. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days. CUSTOMER REMEDIES. DAWKCo Software's and/or The Kelly Company's entire liability and your exclusive remedy shall be, at DAWKCo Software's option, either (a) return of the price paid less shipping and handling, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet DAWKCo Software's Limited Warranty and which is returned to DAWKCo Software 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. In all cases, a proof of purchase will be required. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAWKCO SOFTWARE AND/OR THE KELLY COMPANY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAWKCO SOFTWARE OR THE KELLY COMPANY 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 PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF DAWKCO SOFTWARE OR THE KELLY COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, DAWKCO SOFTWARE'S AND/OR THE KELLY COMPANY'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. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.