SMTPing End User License Agreement (EULA)

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and LAVA SoftWorks for the LAVA SoftWorks software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT") and elements that can be used within the SOFTWARE PRODUCT ("THEME PACKS"), either if they are created by LAVA SoftWorks or its personnel or its associates or its collaborators as gifts to specific users or released for the general public.

By installing, copying, or otherwise using the SOFTWARE PRODUCT and any THEME PACKS, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and LAVA SoftWorks, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT or any of its THEME PACKS.

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. THEME PACKS for the SOFTWARE PRODUCT are also licensed, not sold.

1. GRANT OF LICENSE.

The SOFTWARE PRODUCT and its THEME PACKS are licensed as follows:

(a) Installation and Use.

LAVA SoftWorks grants you the right to install and use copies of the SOFTWARE PRODUCT with or without third-party software components on a single physical or virtual computer running a validly licensed copy of the Microsoft Windows operating system, Apple Mac operating system or any Unix/Linux operating system. Only one instance of the SOFTWARE PRODUCT may be running at a time. Running more than one instance on a different physical or virtual computer is not allowed. You're also entitled to download and install any THEME PACKS from the SOFTWARE WEBSITE. Downloading and installing THEME PACKS from any place other than the SOFTWARE WEBSITE is not allowed.

(i) License modes

"Free License" mode is obtained by downloading and installing the SOFTWARE PRODUCT from either the SOFTWARE WEBSITE or any of its authorized third-party websites, and it can be used by individuals or representatives for companies of any size.

"Full (retail/non-free) License" mode is set to a Free License by purchasing from LAVA SoftWorks upgrade.

Both License modes entitle the owner of the License for the SOFTWARE PRODUCT to be used for personal and/or commercial use.

You may also make copies of the SOFTWARE PRODUCT and any of its THEME PACKS as may be necessary for backup and archival purposes.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Maintenance of Copyright Notices.

You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT or any of its THEME PACKS.

(b) Distribution.

You may freely distribute FREE VERSIONS of the SOFTWARE PRODUCT to third parties. THEME PACKS downloaded from the SOFTWARE WEBSITE may not be distributed or shared by any means.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT or any THEME PACK, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 

(d) Rental.

You may not rent, lease, or lend the SOFTWARE PRODUCT or any THEME PACK.

(e) Support Services.

LAVA SoftWorks may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code or THEME PACKS 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. 

(f) Compliance with Applicable Laws.

You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT and its THEME PACKS.

3. TERMINATION

Without prejudice to any other rights, LAVA SoftWorks 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 THEME PACKS in your possession.

4. COPYRIGHT

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by LAVA SoftWorks or its suppliers. All title and intellectual property rights in and to the additional software included with the SOFTWARE PRODUCT which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such additional software, for each comes with its own copyright terms. All rights not expressly granted are reserved by LAVA SoftWorks.

Mentioned brands, trademarks and other elements rights may be reserved by its owners.

5. NO WARRANTIES

LAVA SoftWorks expressly disclaims any warranty for the SOFTWARE PRODUCT or its THEME PACKS. The SOFTWARE PRODUCT and the THEME PACKS are provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. LAVA SoftWorks does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT or its THEME PACKS. LAVA SoftWorks makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. LAVA SoftWorks further expressly disclaims any warranty or representation to Authorized Users or to any third party.

6. LIMITATION OF LIABILITY

In no event shall LAVA SoftWorks be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT or its THEME PACKS, even if LAVA SoftWorks has been advised of the possibility of such damages. In no event will LAVA SoftWorks be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. LAVA SoftWorks shall have no liability with respect to the content of the SOFTWARE PRODUCT or contents created for the SOFTWARE PRODUCT or THEME PACKS or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.