E-mail Management Server 2006
For Exchange 2000, 2003 or later
Evaluation Version Agreement

INTRODUCTION

1. In using this software, the company or individual ("user") and MADSolutions ("Supplier") agree that user will use the E-mail Management Server Evaluation under the terms of this Evaluation Version Agreement ("Agreement"). As used in this Agreement, the term "Product" refers to E-mail Management Server Evaluation software, its user manual and other documentation.

CONFIDENTIAL INFORMATION

2. User agrees not to decompile or reverse engineer the Product at any time during or after the Evaluation period.

OWNERSHIP OF THE PRODUCT

3. User acknowledges that the Product, its copyright, its trademark, and any other intellectual property rights in the Product are owned by Supplier.  User acquires no ownership of the Product from this Agreement and no right to use the Product beyond the term of the Evaluation period. User acquires no right to copy the Product, prepare derivative works or participate in development, manufacturing, marketing, and maintenance of the Product.

USER MAY NOT COPY THE PRODUCT; LIMITED LICENSE

4. User may not copy the Product, and may not provide any copy to any other person. User may not modify the Product in any way. User may
install the Product on one hard disk for Evaluation at User's sole risk, but must remove such copy from such disk at the end of the Evaluation period or upon Supplier's request, which ever is sooner. User has a limited license to use the Product solely for the purpose of Evaluation and solely during the period of the Evaluation.

RISKS FROM THE PRODUCT

5. User understands that the Product may may produce unexpected results. User agrees that any use of the Evaluation version of the Product, whether as part of this Evaluation or otherwise, will be entirely at User's own risk. User agrees to backup data and take other appropriate measures to protect programs and data. User agrees not to allow any third party to use the Product on User's hardware or otherwise and to indemnify and hold Supplier harmless from any damages or claims arising from use by any third party.

7. THE PRODUCT AND ANY SUPPORT FROM SUPPLIER ARE PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. SUPPLIER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, EVEN IF SUPPLIER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY USER OR FOR ANY THIRD PARTY CLAIM.

NO OBLIGATION ON BEHALF OF SUPPLIER ON ACCOUNT OF INFORMATION PROVIDED BY USER

8. Supplier does not want to receive and User agrees not to disclose to Supplier any information that is confidential or proprietary to User or others.

9. User agrees that the contents of all oral and written reports to Supplier and any other materials, information, ideas, concepts, and know-how provided by User (including corrections to problems in the Product and documentation) become the property of Supplier and may be used by Supplier for all business purposes, without any accounting or any payment to User. Under no circumstances will Supplier become liable for any payment to User for any information that User provides, whether concerning the Product or otherwise, no matter how such information is used or exploited by Supplier or anyone else. 

PUBLICITY

10. User grants Supplier the right, to be exercised in Supplier's sole discretion, to use User's comments in Supplier's promotions, press releases, public relations, advertisements, and other sales and marketing activities. Such right shall be unlimited in duration and no compensation shall be required for Supplier's exercise of such right. 

GENERAL PROVISIONS

11. This Agreement does not authorize User to use Supplier's names or trademarks or the fact of the Evaluation for any publicity or marketing or other activities.

12. Neither User nor Supplier has any obligation to purchase anything under this Agreement. No agency, partnership, joint venture, or other joint relationship is created by this Agreement. Supplier may enter into the same or similar Agreements with others.

13. This document is a complete statement of the contract between the parties, and any change or addition to this Agreement must be in a writing signed by User and Supplier.