This End User License Agreement (EULA) is a legal agreement between you (either an individual, corporation, public organization or a company whatsoever) and DesignerFreeSolutions for the software product referred to as product accompanying this EULA, which includes computer software and may include associated media and printed materials, database scripts and schema, as well as on-line or electronic documentation. By installing, copying, or otherwise using the software product, you agree to be bound by the terms of this EULA.
You can install the product on an unlimited number of web sites that you own or operate or at your clients websites.
Your subscription is valid for 12 months. Within this period you will have the option to create licenses for new installations of the latest available release and free support. You can renew this license for another 12 months with 20% discount.
This license is not refundable. You should first order a regular license so that you can properly evaluate nuevoMailer and make sure that it works as you like and covers your needs. Should you decide to purchase the subscription license within the next 30 days you will have a full discount on what you paid.
You can modify the source code to suit your particular needs. The modified code and/or any parts, components or derivatives of it should not be made available for sale, resale or distribution under any circumstances except for the purpose of this license. The modification does not constitute an intellectual property rights transfer neither a copyrights transfer. Both remain under DesignerFreeSolutions.
You can set your own price to your own customers but in no case this can be lower than the nuevomailer.com public price of the single license version of the product which is nuevoMailer SB.
You may use screenshots in your promotion. But for your own interest you must ensure that the screenshots do not point directly to our product.
You may rename the product.
You cannot modify the code or in any way re-engineer it with the objective of making a new product based on our product.
You cannot advertise it nor sell it directly online as your own product. This means that you cannot have "Buy now", "Add to basket", "Purchase online" or similar buttons (or links) available to the general public. You may only use such buttons if you plan to offer it as a service, hosted and administered by you.
You cannot use sales-copy taken from DesignerFreeSolutions.com or nuevoMailer.com.
No direct or indirect association with our software may be implied or the names DesignerFreeSolutions & nuevoMailer may be used in your promotional activities.
Support is up to you or you can outsource it to us or to anyone you want.
You cannot resell this license. You may permanently transfer all of your rights under this agreement provided you retain no copies, you transfer the entire software product (including all component parts, any upgrades and this agreement), and the recipient agrees to the terms of this agreement. You should notify DesignerFreeSolutions in such an event.
This license is not a copyright transfer neither an Intellectual Property Rights (IPR) transfer. You are not buying the software product. You are buying the license to use the software product according to the terms described in this document.
DesignerFreeSolutions expressly disclaims any warranty for the software product. The software product and any related documentation is provided "as is" without warranty of any kind. DesignerFreeSolutions does not warrant that the functions of the software product will meet your requirements or that operation of the software product will be uninterrupted or error free. The entire risk arising out of use or performance of the software product remains with you.
To the maximum extent permitted by applicable law, in no event shall DesignerFreeSolutions or its affiliates or its resellers or its associates be liable for any special, incidental, direct or 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, even if DesignerFreeSolutions has been advised of the possibility of such damages.
You acknowledge that the SOFTWARE's source code contains valuable and proprietary trade secrets of DesignerFreeSolutions. All individuals employed by or belonging to your entity agree to expend every effort to insure its confidentiality. You agree to assume full responsibility for such employees or contractors use, or misuse, of such disclosed source code as if it was your use. These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on DesignerFreeSolutions information, or approved in writing for release by DesignerFreeSolutions without restriction.
You agree to indemnify, hold harmless, and defend DesignerFreeSolutions and its resellers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of the SOFTWARE "by you" and/or the use or distribution of your resulting product that includes the SOFTWARE.
This agreement will only be considered as "concluded" after full payment of the license cost has been received.