Endymion MailMan

30-day Evaluation Software

License Agreement

IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING 30-DAY EVALUATION SOFTWARE LICENSE AGREEMENT BEFORE USING THIS SOFTWARE. BY USING THE SOFTWARE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE, PROMPTLY DISCONTINUE USE OF THE SOFTWARE, UNINSTALL THE SOFTWARE FROM YOUR COMPUTER SYSTEM, AND DESTROY ALL COPIES OF THE SOFTWARE.

This 30-day Evaluation Software License Agreement (“30-day License”) is a legal contract between Endymion Corporation (“Endymion”) and you (“Licensee”) and governs your use of the Software.

1. GRANT OF LICENSE. Endymion grants Licensee a nonexclusive, nontransferable license to use one copy of Endymion MailMan, including the software and its related user documentation, interface templates, and images (collectively the “Software”) in accordance with this 30-day License. “Software” also includes any updates, upgrades, modifications, revisions, and additions to the Software released by Endymion. “Use” means loading, storing, installing, executing, or displaying the Software. Licensee may use the Software for evaluation purposes only. Endymion reserves the right, without liability or prior notification, to change the features or characteristics of the Software at any time.

2. OWNERSHIP OF SOFTWARE. The Software is owned and copyrighted by Endymion. International treaty provisions and other intellectual property laws also protect the Software. This 30-day License confers no title to, nor ownership in, the Software.

3. COPY RESTRICTIONS. The Software is copyrighted. Unauthorized copying of the Software, including modifying, merging, or including the Software within any other product, application, or article, is expressly forbidden. Licensee will be held legally responsible for any copyright infringement that is caused or encouraged by Licensee’s failure to comply with the terms and conditions of this 30-day License.

4. USE RESTRICTIONS. Licensee will not, nor permit anyone else to, modify, adapt, reverse engineer, decompile, disassemble, derive source code from, or create derivative works based on the Software. Any attempt to do any of the foregoing, without the prior written consent of Endymion, will be a material breach of this 30-day License which will immediately entitle Endymion to exercise any remedy that may exist at law or in equity.

5. TRANSFER RESTRICTIONS. Licensee will not distribute or sell copies of the Software to others. Licensee will not rent, lease, assign, sublicense, or lend the Software. Licensee will not transfer the Software to anyone.

6. TECHNICAL SUPPORT. Licensee agrees that these terms and conditions govern any technical support provided by Endymion pertaining to this Software or any other subject matter. However, Endymion is not required to provide technical support for this 30-day License.

7. CUSTOM MODIFICATIONS OR ADDITIONS. Licensee agrees that these terms and conditions govern all custom modifications or additions to the Software made by Endymion.

8. DISCLAIMER OF WARRANTY. Licensee expressly acknowledges and agrees that the use of the Software is at Licensee’s sole risk. The Software and any technical support are provided “as is” and without any warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, ENDYMION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ENDYMION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, ENDYMION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR ANY TECHNICAL SUPPORT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ENDYMION OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply.

9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ENDYMION, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO THE LICENSEE FOR ANY DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF ANTICIPATED BENEFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ENDYMION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply. IN NO EVENT SHALL ENDYMION’S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE OR OTHERWISE, EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE.

10. EXPORT LAW ASSURANCES. Licensee agrees and certifies that the Software or any other technical data received from Endymion will not be exported outside the United States except as authorized and as allowed by the laws and regulations of the United States. If Licensee rightfully obtains the Software outside of the United States, Licensee agrees not re-export the Software or any other technical data received from Endymion, except as allowed by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which Licensee obtained the Software. The Software will not be exported to any of the following countries: Cuba, Iran, Iraq, North Korea, Sudan, Syria, Serbia, Libya or any other country currently on the United States Bureau of Export Administration’s list of embargoed countries.

11. TERMINATION. This 30-day License is effective until terminated. This 30-day License will terminate automatically without notice from Endymion if Licensee fails to comply with any provision of this 30-day License. Upon termination, Licensee must destroy all copies of the Software.

12. GOVERNING LAW AND SEVERABILITY. This 30-day License will be governed by and construed in accordance with the laws of the State of Florida, U.S.A., regardless of its choice of law provisions. Any dispute or action arising out of or related to these terms and conditions will be adjudicated solely in the applicable federal or state courts of competent jurisdiction located in the county of Alachua, Florida. The parties each consent to the jurisdiction and venue of those courts. If any part of this 30-day License is found void and unenforceable, it will not affect the validity of the remaining terms and conditions, which will continue in full force and effect.

13. ATTORNEY’S FEES AND COSTS. The prevailing party will have the right to collect from the other party its reasonable attorney’s fees, costs, and necessary disbursements incurred in interpreting or enforcing this 30-day License.

14. NO WAIVER. Failure or delay to exercise any right, action, remedy, power, or privilege under this 30-day License will not constitute a waiver, unless expressly waived in writing, and signed by a duly authorized representative of Endymion. No waiver of any provisions of this 30-day License will be deemed, or will constitute, a waiver of any other provisions, whether or not similar, nor will any waiver constitute a continuing waiver.

15. ENTIRE AGREEMENT. This 30-day License constitutes the entire agreement between the parties with respect to the use of the Software, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any additional or different terms or conditions proposed by Licensee are rejected and will be of no force and effect unless expressly agreed to in writing by Endymion. No amendment to or modification of this 30-day License will be binding unless in writing and signed by a duly authorized representative of Endymion.