Spamatak! - Personalized Intelligent Email Protection

Legal Notices

SPAMATAK™ TESTING AGREEMENT

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

THIS VERSION OF SPAMATAK AND ANY OTHER SOFTWARE, UPGRADES OR UPDATES AND RELATED MATERIALS (THE "PRODUCT") ARE LICENSED TO YOU BY VIRAMATIX SDN BHD ("VIRAMATIX") SUBJECT TO THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "I ACCEPT" BUTTON, INSTALLING OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL OR USE THE PRODUCT AND IMMEDIATELY DELETE ANY COPY OF IT FROM ALL STORAGE MEDIA.

VIRAMATIX RESERVES THE RIGHT TO REVISE THE TERMS OF THIS AGREEMENT AT ANY TIME, AT ITS SOLE DISCRETION AND WITHOUT ANY PRIOR NOTICE. VIRAMATIX WILL POST THE LATEST VERSION OF THE LICENCE AGREEMENT AT HTTP://WWW.SPAMATAK.COM. AT ALL TIMES, THE LATEST VERSION OF THE LICENCE AGREEMENT WHICH IS PUBLISHED ON THE ABOVE LINK SHALL BE BINDING AND SUPERSEDE ANY OTHER VERSION.

Licence
=========
Viramatix hereby grants you a non-exclusive and non-assignable licence solely for the purpose of evaluating the Product on an ‘as-is’ basis, subject to the terms and conditions of this Agreement, for your personal, non-commercial use only. Any commercial use of the Product is strictly forbidden under this Agreement. If you wish to engage in any kind of commercial use of the Product, you are required to obtain Viramatix's express prior written consent to such use, as well as an appropriate commercial licence to use the Product, by contacting Viramatix via email to the following email address: enquiries@viramatix.com. In the course of evaluating the Product, you may process your own data and retain the benefit of such processing but Viramatix shall have no liability whatsoever for any errors or defects therein.

Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limiting the foregoing, you may not: (a) modify or create any derivative works of the Product; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; or (c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product without the prior written permission of Viramatix; or (d) use the Product in a manner in breach of the terms and conditions hereincontained; or (e) use the Product in any manner which is not in compliance with all applicable laws, regulations and government authorizations, including but not limited to export control, copyright, trademarks, patent, secrecy, defamation, decency, and privacy-related laws, regulations and authorizations; (f) use, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to, and/or exploit, the Product for commercial purposes, or in a commercial manner.

The licence granted herein shall be subject to all the other terms and conditions of this Agreement and shall not be construed so as to grant you any right which is not explicitly granted in this Agreement.

Confidentiality
====================
You agree to keep confidential and not disclose the existence, features, capabilities or contents of the Product or the results of your evaluation thereof or the contents of this Agreement to any third party, provided that this Clause shall not extend to information which was rightfully in the possession of the Customer prior to using the Product, which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this Clause). You shall keep the Product in your exclusive possession and control and safeguard the Product from access by any unauthorised person.

Proprietary Rights
====================
Viramatix retains sole and exclusive ownership of all rights, title and interests in the Product and the technology related thereto. All proprietary rights in all third party materials and information accessed by you through the use of the Product shall remain vested in the said third party.

This clause shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter.

Copyright Infringement Policy
===============================
Viramatix is committed to protecting the rights of copyright holders and seek to comply with all applicable laws and regulations regarding the protection of intellectual property. Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and Viramatix will undertake appropriate steps against copyright repeat offenders. You are responsible for complying with all laws and regulations applicable to the material that is made available for access. You explicitly acknowledge that accessing some data may require authorization and may be subject to restrictions. You hereby undertake to determine what restrictions apply, to comply with all applicable restrictions and to obtain all necessary authorizations. The licence to use the Product granted hereunder is conditional upon your agreement not to use the Product to infringe the intellectual property rights of third parties in any way. Viramatix, at its sole discretion, may terminate this Agreement with users who are infringers of the copyrights, or other intellectual property rights, of others.

Privacy
=========
In order to enable the development and improvement of the Product, for providing greater consumer experience (by relevant offerings), for the operation of some of the functionalities of the Product and for the ability to send you targeted promotional materials of Viramatix or any of its business partners, Viramatix may gather your contact information and other personally identifiable information (such as username, email address, country and zip-code), and demographic information (like age, occupation or gender). Viramatix, its partners, affiliates or other third parties may use any information submitted or collected from you.

Viramatix may further gather information, usage pattern, and registration parameters provided by you, your IP address, the Product, system configuration and/or other network information. Viramatix, its partners, affiliates or other third parties may use this information provided by you and/or the Product, or information related to, for the purpose of providing targeted advertising, marketing, co-registration to other services by Viramatix or other parties and for the development and improvement of the Products, provided that if published, it will be done only in aggregated form which is not personally identifiable. Viramatix may share this information with its business partners.

Viramatix may use "cookies" to monitor users' activity.

You hereby explicitly agree to the collection and use of any information by Viramatix or its business partners as stated hereunder. If you do not agree to the collection and use of your personal information as stated, you must immediately cease your use of the Product and completely un-install and/or delete the Product from all storage media.

Indemnification
==================
You hereby undertake to comply with any legal obligations, including but not limited to, obligations imposed by copyright, trademarks, patent, secrecy, defamation, decency, privacy and export laws. You agree to indemnify Viramatix and its officers, employees, agents and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including legal fees) which may arise from your illegal, unauthorized or abusive use.

Third Party's Content
========================
Viramatix does not control the content of files and information that may be accessed through the use of the Product. Viramatix does not endorse the contents of any information or data, accessed through the use of the Product, and does not warrant or guarantee that such information or data is free of errors or viruses.

Viramatix shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the files and information accessed through the use of the Product, nor to the right to make such information available or accessible. The use of such files and information is at your sole responsibility and Viramatix explicitly disclaims any responsibility to the use or misuse of any information.

Registration Process
======================
The Product may require registration codes, passwords, or identification numbers ("Code"). Viramatix shall issue you a unique Code for the registration process. The Code shall enable the use of the Product, and shall correspond to a single designated computer on which your Product is installed. Please note that various technological measures (such as: client-server procedures) may be used by Viramatix to protect Viramatix's intellectual property rights, prevent the unauthorized use of the Product, and for security purposes. You hereby agree to such measures, as shall apply to the Product.

You will bear the sole responsibility for (1) maintaining the strict confidentiality of any Code assigned to you (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your Code. Viramatix shall not be liable for any harm related to the theft of your Code, any disclosure of your Code, or your authorization to allow another person or entity to access and use the Product or Service using your Code. You agree to immediately notify Viramatix of any unauthorized use of your Code.

Term and Termination
======================
This Agreement shall commence upon your use of the Product. Viramatix may terminate this Agreement and/or limit or revoke access to any Product at any time, with immediate effect, and without penalty. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of Viramatix nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. Upon termination, you shall destroy all copies of the Product.

Amendment of Product
====================================
The Product, functions and features provided by Viramatix may change from time to time. You hereby agree and acknowledge that Viramatix is permitted to limit, disable, eliminate or cancel some or all of the functionality of the Product. Viramatix reserves the right to discontinue the release and support of any version of the Product or to revise the Product so it provides different features, features in different combinations, and/or different environment configurations.

Disclaimer of Warranty and Liability
========================
BECAUSE OF THE EXPERIMENTAL NATURE OF THE PRODUCT, VIRAMATIX DOES NOT WARRANT THAT THE PRODUCT IS FREE FROM FAULTS OR DEFECTS. VIRAMATIX EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE PRODUCT OR ANY INFORMATION DELIVERED OR SENT BY VIRAMATIX OR ANY THIRD PARTY THROUGH THE PRODUCT.  YOU SHALL USE THE PRODUCT AT YOUR OWN RISK AND THE PRODUCT IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE PRODUCT MAY NOT BE FULLY FUNCTIONABLE, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL COMPUTER SYSTEM CONFIGURATION (E.G. IF YOU ARE USING A PLATFORM AND/OR A BROWSER WHICH ARE NOT INCLUDED IN VIRAMATIX'S SUPPORTED PLATFORMS OR SUPPORTED BROWSERS LIST), OR MAY BE DISABLED OR FORBIDDEN FOR USE DUE TO LEGAL REQUIREMENTS APPLICABLE IN AND/OR TO YOUR JURISDICTION.

THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT IS BORNE BY YOU. THE PRODUCT IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS, OR FOR HANDLING SENSITIVE, PRIVATE, OR CONFIDENTIAL INFORMATION OF ANY SORT. THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS.

VIRAMATIX DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY INFORMATION, DATA, COMPUTER PROGRAM, CONTENT AND OTHER MATERIALS RECEIVED ON OR THROUGH THE PRODUCT WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS.

YOU HEREBY AGREE TO COMPLY WITH ALL RELEVANT EXPORT LAWS AND REGULATIONS, AND TO ENSURE THAT THE PRODUCT IS NOT EXPORTED IN VIOLATION OF SUCH APPLICABLE LAWS.

THE EXPRESS TERMS OF THIS AGREEMENT ARE IN LIEU OF ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability
==========================
In no event will Viramatix be liable for any indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits and savings and the like), or any other damages arising out of the unavailability, use, reliance on, inability to utilize or improper use of the Product, even if advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise.

Miscellaneous
===============
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) This Agreement shall be governed by and construed in accordance with the laws of Malaysia and each of the parties agrees to submit to the exclusive jurisdiction of the courts of Malaysia. (c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. (d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

Privacy Statement
We acknowledge your right to privacy and will treat all information received by us with utmost confidentiality. Any contact details, feedback, queries, comments or information on use of Spamatak sent by you will not be disclosed to any third party.

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