SIGNATURE-MAIL.COM LLC SOFTWARE AND SERVICES AGREEMENT
(For Signature-mail Version 2.0 Beta) BEFORE ACCEPTING THIS AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE ABLE TO INSTALL, USE OR UPGRADE THE CONTENT OF VERSION 2.0 Beta OF SIGNATURE-MAIL™. The Signature-mail™ software (“Software”) was designed and developed by Signaturemail.com LLC, either alone or together with other third parties. Signature-mail.com LLC is willing to permit you to use the Software in accordance with this Agreement. In consideration for the opportunity to use the Software, you agree to accept delivery of the Software and to use it solely in accordance with the terms and conditions of this Agreement. In this Software and Services Agreement ("Agreement") Signature-mail.com LLC and you agree to the rights and obligations with respect to your use of the Software and access to on-line content upgrade services, if and when they are made available, as follows: 1. Grant of License Signature-mail.com LLC grants to you a non-exclusive, non-transferable license, without right to sublicense, distribute or modify, to use the Software and related documentation as delivered by Signature-mail.com LLC and to access Signature-mail.com’s on-line content upgrade services, if and when they become available. 2. Selection and Use The Software is offered on an "as is" basis and is unsupported except for the availability of the online helpdesk (http://www.signature-mail.com/help). There is no technical support offered to users of the Software, however, you may address questions to firstname.lastname@example.org. Signature-mail.com LLC has NO specific obligation to acknowledge or address these questions. The Software is intended to be used for the sole purpose of personalizing electronic communications with a personalized graphical representation, which may include your signature, greetings, drawings, or an image. Neither the Software nor any representation created through use of the Software is intended to be used to authenticate anything. A graphical representation of your signature created by the Software is not a legal signature, may not be used for any purpose requiring your signature, and may not be relied on for any legal or commercial purpose. The right to use the Software pursuant to this Agreement gives you no right to copy, reproduce or distribute any image or graphical representation owned by another.
SIGNATURE-MAIL.COM LLC SPECIFICALLY DISCLAIMS ANY LIABILITY ARISING FROM THE IMPROPER OR UNAUTHORIZED USE OR MISUSE OF A GRAPHICAL REPRESENTATION OF YOUR SIGNATURE OR OF ANY IMAGE IN VIOLATION OF THE RIGHTS OF OTHERS, OR ARISING FROM RELIANCE BY ANYONE ON THE GRAPHICAL REPRESENTATION OF YOUR SIGNATURE FOR ANY REASON. 3. Commercial Release Signature-mail.com LLC reserves the right to alter features, specifications, capabilities, functions, licensing terms, prices, release dates, general availability or other characteristics of its commercial releases. 4. Availability of Services Signature-mail.com may provide, for limited periods of time which will be specified in its offers, on-line content upgrade services for the Software, at its sole convenience and option, which, for example, would enable you to add your handwritten images to online greeting cards. During such offers, Signature-mail.com agrees to take all reasonable steps to ensure the availability of the on-line content upgrade services, however, you recognize and agree that interruptions in service are inevitable and shall not give rise to any liability by Signature-mail.com to you or any third person. Signature-mail.com shall have the right at any time to change or discontinue all or any aspect of the on-line content upgrade services whether free or on a paid basis, including, but not limited to, content, hours of availability, and equipment needed for access or use. 5. Title Title, ownership rights, and intellectual property rights in and to the Software will at all times reside exclusively with Signature-mail.com LLC and/or its suppliers. By your acceptance of this Agreement, you agree to abide by all applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of Signature-mail.com LLC and/or its suppliers, and you agree not to modify or adapt the Software, in whole or in part, or attempt to decipher, decompile, disassemble or reverse engineer the Software, in whole or in part. 6. Termination This Agreement and your license to use the Software or access to any available on-line content upgrade services will be in effect for the period of time indicated in the offering terms and payment plan by which you acquired the right to use the software. All disclaimers of warranties and limitation of liability set forth in this Agreement shall survive any termination of this Agreement. If you violate the terms of this license agreement, Signature-mail.com LLC may immediately terminate the license and seek from you any damages resulting from such violation. 7. Feedback Should you have any feedback or suggestions about the use, operation and functionality of the Software, you may send them to email@example.com. You agree that
all right, title and interest to any feedback or suggestions relating to the Software or any inventions relating to an improvement of the Software conceived in or made as a result of your feedback or suggestions shall become the exclusive property of Signature-mail.com LLC and that Signature-mail.com LLC may disclose and use such information for any purposes whatsoever, entirely without obligation of any kind to you. 8. Warranty Exclusion. You understand and acknowledge that the Software may have bugs and that Signaturemail.com LLC makes no representations or warranties regarding the Software, its use, or use of any on-line content upgrade services. You acknowledge that the Software or any available on-line content upgrade services may not operate error-free and may not perform all intended functions. You accept the risk that the Software or on-line content upgrade services may adversely affect the operation of your computer or other software you use. SIGNATURE-MAIL.COM LLC IS PROVIDING THE SOFTWARE AND, WHEN AVAILABLE, CONTENT UPGRADE SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. SIGNATURE-MAIL.COM LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SOFTWARE OR ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. SIGNATURE-MAIL.COM LLC OR ITS DIRECT OR INDIRECT SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY UNDER ANY THEORY OF LIABILITY OR FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT SUFFERED BY YOU OR ANY USER OF THE SOFTWARE ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR FAILURE TO PERFORM OF THE SOFTWARE, WHETHER IN TORT, CONTRACT OR OTHERWISE, EVEN IF SIGNATURE-MAIL.COM LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. This disclaimer of liability applies to any damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration or use of any information provided to Signaturemail.com, whether for breach of contract, tortuous behavior, negligence or any other cause of action.
In particular, Signature-mail.com LLC and its direct and indirect suppliers are not responsible for any losses or costs that incurred as a result of using the Software or online content upgrade services including, without limitation, loss of business profits, business interruption, loss of information or data, the cost of recovering such information or data, the cost of a substitute Software, or claims by third parties. YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF YOUR DATA USED IN CONNECTION WITH THE SOFTWARE. No oral or written information given by Signature-mail.com LLC, its agents or employees shall create a modification or addition to this warranty unless it is set forth in writing, references this Agreement and is signed on behalf of Signature-mail.com LLC by an authorized official. 9. Proprietary Rights Exclusion Signature-mail.com LLC expressly disclaims any representation or warranty that the Software, use of any available on-line content upgrade services, or any Software developed using the Software or on-line content upgrade services does not infringe any proprietary rights of any third parties. You shall assume sole responsibility for any such infringement. 10. Indemnification You hereby agree to indemnify, defend and hold Signature-mail.com LLC harmless from and against any and all claims, actions, suits, liabilities, judgments, losses, damages, attorneys' fees and other expenses of every nature and character by reason of this Agreement or use by you of the Software or on-line content upgrade services that are made available. You agree to indemnify and hold Signature-mail.com LLC harmless against all losses, damages, penalties, or causes of action resulting from a violation by you of any applicable laws, including the U.S. export control laws. 11. Governing Law The validity, performance, construction and interpretation of this Agreement shall be governed by and construed in accordance with the laws of the State of Virginia and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This Agreement sets forth the entire agreement between you and Signature-mail.com LLC. You may not assign, transfer or sublicense this Agreement or any portion thereof, and any attempted assignment shall be void and of no effect. If any provision of this Agreement is held to be unenforceable, that provision will be severed and the remainder of this Agreement will continue in full force and effect. By accepting this Agreement you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.