Welcome to GmailNotifier.Net Sign in | Join

Disclaimer

Last Updated: December 01, 2007

GmailNotifier.Net Software License Agreement

1. IMPORTANT NOTICE.

YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU DOWNLOAD, INSTALL OR USE GMAILNOTIFIER.NET’S PROPRIETARY SOFTWARE AND RELATED DOCUMENTATION (THE "LICENSED SOFTWARE") . BY INSTALLING OR USING THE LICENSED SOFTWARE, YOU AGREE TO BE BOUND BY THIS LICENSE AGREEMENT, AND ITS TERMS SHALL BE BINDING WITH RESPECT TO YOUR USE OF THE LICENSED SOFTWARE. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE.

2. DEFINITIONS.

"Licensed Software" means compiled Objects, Modules, License Key and any and all updates thereto, together with all associated documentation provided by GmailNotifier.Net or its authorized resellers.

"License Key" means a unique code provided by GmailNotifier.Net or its authorized resellers which identifies You, as well as the license type, and which unlocks or enables certain features of the Licensed Software.

"Application" or "Your Application" means a software application that You develop which incorporates all or parts of the Licensed Software.

"Evaluation Trial Period" means a specified period of time during which You may temporarily use the Licensed Software for evaluation purposes only. You can use available features in trial period.

"Free Edition" means "Evaluation Trial Period"

3. LICENSE GRANT.

The Cumulative License granted to You by GmailNotifier.Net is a combination of the Base License Grant, described in section (3A) below, which is common to every Licensed Software title covered by this agreement, and one or more supplemental License Grant which covers the specific product obtained by You from GmailNotifier.Net or its authorized resellers. Two basic types of supplemental License Grants are described in sections (3B) through (3E): Evaluation License. These basic types are hereby further defined and/or restricted as to the number of users/customers, depending on the specific product(s) being licensed by You. The precise combination of the Base License Grant and one or more supplemental License Grant(s) obtained by You is identified by GmailNotifier.Net at the time of purchase or most recent upgrade.

3A. BASE LICENSE GRANT.

In consideration of Your payment of applicable license fees and/or Your acceptance of the terms of this Agreement, GmailNotifier.Net 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, and GmailNotifier.Net reserves all rights not expressly granted to You herein. If You upgrade the Licensed Software to a higher-numbered version thereof or to a comparable GmailNotifier.Net product, this license is terminated and Your rights shall be limited to the license associated with the upgraded product or version.

3B. EVALUATION LICENSE or FREE LICENSE

In order to facilitate an efficient evaluation process of the Licensed Software by users/customers, GmailNotifier.Net may, at its discretion, provide specially designed, temporary License Key(s) that are encoded with an embedded expiration date. The License granted in conjunction with such License Key(s) is considered temporary, and multiple users may use it for the sole purpose of evaluating the Licensed Software during a specific Evaluation Trial Period/Free Period. Licensed Evaluation Trial Software contains mechanisms that inhibit its ability to function at a later date. It is Your responsibility to ensure that the Applications You create do not contain Licensed Evaluation Trial Software and that their ability to function at a later date is not inhibited or diminished.

4. 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 permission from GmailNotifier.Net, 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 GmailNotifier.Net or its authorized resellers is expressly and strictly forbidden. GmailNotifier.Net reserves the right to take any and all actions that GmailNotifier.Net, in its sole discretion, deems necessary to protect against, monitor and 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.

5. INTELLECTUAL PROPERTY RIGHTS.

You acknowledge that the Licensed Software contains copyrighted material, trade secrets, trademarks and other proprietary material of GmailNotifier.Net ("Confidential Information"), and is protected under United States and international copyright 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 proprietary to GmailNotifier.Net. 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.

6. 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 or by returning all such copies to GmailNotifier.Net. This Agreement and the associated license for the Licensed Software will terminate automatically and without provision of notice by GmailNotifier.Net 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 or return all such copies to GmailNotifier.Net. In addition to this sentence and the previous sentence, Sections 4, 5 and 7-13 shall survive any termination of this Agreement.

7. LIMITED WARRANTY.

GmailNotifier.Net 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 Software; (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 GmailNotifier.Net; (d) any failure by You or anyone else to follow GmailNotifier.Net's instructions with respect to proper use of the Licensed Software; or (e) improper use, abuse, accident, neglect or negligence on the part of You or anyone other than GmailNotifier.Net. GmailNotifier.Net will not be obligated to honor the limited warranty or provide any remedy thereunder unless the Licensed Software is returned to GmailNotifier.Net along with the original dated receipt. Any replacement Licensed Software will be warranted for thirty (30) days following the date on which GmailNotifier.Net provides it to You. You understand that no Licensed Software updates or upgrades are included with this limited warranty and that GmailNotifier.Net 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 PROVIDED TO YOU "AS IS", AND GMAILNOTIFIER.NET MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO ITS FUNCTIONALITY, CONDITION, PERFORMANCE, OPERABILITY OR USE. WITHOUT LIMITING THE FOREGOING, GMAILNOTIFIER.NET DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW 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.

8. LIMITATIONS OF LIABILITY.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING LIMITED WARRANTY SHALL BE, AT GMAILNOTIFIER.NET'S 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 GMAILNOTIFIER.NET BE LIABLE FOR 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 GmailNotifier.Net HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. GMAILNOTIFIER.NET 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 GmailNotifier.Net'S 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 LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. INDEMNIFICATION.

You agree to defend, indemnify, and hold GmailNotifier.Net and all of its employees, agents, representatives, directors, 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 GmailNotifier.Net of any third party copyright, trademark, trade secret or other intellectual property right.

10. EXPORT.

You agree that You will not export or transmit the Licensed Software or any Applications, directly or indirectly, to any restricted countries or in any manner that would violate United States laws and regulations as shall from time to time govern the license and delivery of technology abroad by persons subject to the jurisdiction of the United States government, including the Export Administration Act of 1979, as amended, and any applicable laws or regulations issued thereafter.

11. MISCELLANEOUS.

If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application 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 representative of GmailNotifier.Net. No waiver by GmailNotifier.Net of any right shall be deemed to be a waiver of any other right of GmailNotifier.Net arising under this Agreement. This Agreement is solely between You and GmailNotifier.Net and shall not be construed to create any third party beneficiary rights in any other individual, partnership, corporation or other entity.

12. ENTIRE AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND GMAILNOTIFIER.NET, AND THAT IT SUPERSEDES ANY PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE LICENSED SOFTWARE AND THE SUBJECT MATTER HEREOF.GMAILNOTIFIER.NET RESERVES THE RIGHTS TO CHANGE THIS AGREEMENT AT ANY TIME. GMAILNOTIFIER.NET SHALL NOT BE BOUND BY ANY PROVISION OF ANY PURCHASE ORDER, RECEIPT, ACCEPTANCE, CONFIRMATION, CORRESPONDENCE OR OTHERWISE, OR BY ANY AGREEMENT BETWEEN YOU AND ANY OTHER PARTY, UNLESS GMAILNOTIFIER.NET SPECIFICALLY AGREES TO SUCH PROVISION IN WRITING IN A FORM OF A LEGAL CONTRACT, DATED AND SIGNED BY YOU AND BY GMAILNOTIFIER.NET’S 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, REPRESENTATION OR PROMISE REGARDING THE LICENSED SOFTWARE WHICH IS DIFFERENT FROM THOSE SET FORTH IN THIS AGREEMENT.


Download Pro Version

Click here to download version 1.0 of Gmail Notifier for Google Apps

 

GET FREE LICENSE!


Recent Additions

  • Open email conversation on one click!
  • Set Trasparency Level
  • Drage & Drop Feature
  • Mailto & Proxy settings' window
  • Notifier Settings
Copyright © GmailNotifier.Net, 2010. All rights reserved.