EmailMover Copyright Notice and License Agreement

STOP: READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING THE INSTALLATION OF THIS SOFTWARE. PROCEEDING PAST THIS POINT INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, THEN DO NOT PROCEED TO THE NEXT SCREEN.

APPLIES TO: EmailMover Standard, EmailMover Multi-URL and EmailMover Commercial Products

Unless otherwise explicitly noted in this agreement, EmailMover software, screen designs, graphic images, associated documentation, sales literature and program code are the property of ViziMetrics, Inc. ("ViziMetrics"), a Georgia Corporation, PO Box 1118, Tucker, GA 30084. ViziMetrics owns and operates the EmailMover.com website. All the aforementioned materials are Copyright (c) 2003 by ViziMetrics. All rights reserved. Unauthorized duplication of any kind is strictly prohibited. We will prosecute offenders to the full extent of the law.

License: In this document, 'Licensee' means you, the purchaser or end-user of the EmailMover Software license. For the purposes of this document, the Licensee's address shall be the address recorded by Licensor during the license purchase transaction for the EmailMover software.

In this document, the Software and Documentation and any copies or modifications are referred to as the "Licensed Product" or "The Software". All rights to and in the Licensed Product, all copies and derivative works, including, but not limited to, copyrights and trade secret rights, belong to Licensor and Licensor holds title to each copy of the Software. The Software shall only be used in conjunction with one web site. Licensee is required to purchase additional licenses of the Licensed Product for each additional web site. Use of The Software on more than one web site without proper licensing will result in termination of all of Licensee's rights to use the Licensed Product. Licensee shall not transfer or distribute the Licensed Product to others, and this Agreement shall automatically terminate in the event of such a transfer or distribution. Licensee shall not copy, modify or create derivative works of the Licensed Product, except as provided for herein and to make one copy the Software for the sole purpose of backup as long as all copyright and other notices are reproduced and included on the backup copy. Licensee may modify the software as needed for their own use. However, ViziMetrics will NOT trouble-shoot or otherwise support modified code. If the Software is modified for Licensee's own use, all copyright notices must remain intact.

A secondary installation onto an internal "test" server is allowed, provided that the EmailMover software installed on the test server is used exclusively for testing and debugging of the system.

For EmailMover Standard: ViziMetrics, the Licensor, hereby grants to Licensee, in accordance with the terms and conditions set forth in this license agreement, a nonexclusive license to install and use the Software and included Documentation for A SINGLE URL, on a single internet web server, either dedicated or shared.

For EmailMover Multi-URL: ViziMetrics, the Licensor, hereby grants to Licensee, in accordance with the terms and conditions set forth in this license agreement, a nonexclusive license to install and use the Software and included Documentation for an UNLIMITED NUMBER OF DOMAINS, provided said domains are owned, controlled or managed by you or your organization, or you act as Webmaster for the domain. The Software may be installed on multiple servers (owned or controlled by you or your organization). You may NOT install or use the Software on domains owned, controlled or managed by other individuals or entities. This licensing option expressly prohibits installing or using the Software on commercial web-servers where domains are hosted, for the purpose of including the software in a hosting package.

For EmailMover Commercial: ViziMetrics, the Licensor, hereby grants to Licensee, in accordance with the terms and conditions set forth in this license agreement, a nonexclusive license to install and use the Software and included Documentation on every domain hosted on a SINGLE COMMERCIAL WEB SERVER. You may offer the software as part of your total hosting package. You may NOT install or use the software on more than one server, except for testing purposes. You may NOT redistribute or resell the software. All copyright notices must remain intact. Your clients must be informed that they do not own the software, but that you license the Software from us for their use. ViziMetrics will provide unlimited Email support to you. Your clients must either look to you for support, or purchase an annual maintenance subscription at regular prices from ViziMetrics.

In any case, you may NOT embed the Software in any type of reusable software component, web page design service or process intended for resale or create derivative works based on the source code. You may NOT redistribute or resell the Software in whole or part. You may NOT remove or modify any of the copyright notices. You may not remove or modify any of the links to the ViziMetrics or EmailMover websites.

Term and Termination: This License Agreement is effective upon its acceptance by Licensee during the installation process of the EmailMover software program, and remains in force until terminated. Licensor may terminate this License Agreement if Licensee breaches any of the terms and conditions contained herein. Upon termination of this License Agreement for any reason, Licensee shall return the Licensed Product to Licensor and permanently destroy all copies of the Licensed Product. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor's proprietary rights shall survive termination.

Licensor shall have the right to immediately terminate this License if Licensee fails to perform any obligation required of Licensee under this License or if Licensee becomes bankrupt or insolvent. Upon termination of this License, Licensee shall return to Licensor or destroy the original and all copies of the Software including partial copies and modifications. Licensor retains title to and ownership of the Software and all enhancements, modifications and updates of the Software. In the case of license termination, Licensee shall not be entitled to any reimbursement for license or support fees paid, even if the term of said fees is unexpired.

Restrictions On Transfer and Use: Except as provided for under the Multi-URL and Commercial product stipulations above, Licensee may not transfer, in whole or in part, the Licensed Product to any third party, including a transfer concurrent with the sale of the web site, assets or stock of Licensee. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void. Licensee will make no efforts to reverse engineer or modify the Software without Licensor's express written consent.

Licensee agrees to use the Software in a responsible manner in compliance with all existing SPAM laws and generally accepted best business practices. The Software is NOT to be used for sending unsolicited mass Emails, but rather for building relationships with (potential) customers who have indicated an interest in receiving Emails from Licensee. Licensee specifically agrees to use the Software only for Email campaigns using opt-in permission based customer lists. Licensor will, in its sole discretion, determine what constitutes unacceptable use of the Software, and any action to be taken up to and including termination of this license agreement and product support.

The Software may be used for lawful purposes only. Using The Software for transmission of pornography and sex-related content or merchandising, or any content in violation of international, federal or state law is expressly prohibited. Furnishing false or misleading information of any kind to an employee or officer of ViziMetrics, placing false or misleading information in your Email messages, or using false Email addresses in the FROM field of your Emails will be grounds for immediate termination of the license.

Limited Warranty: Licensor does not warrant that the functions contained in the Licensed Product will meet Licensee's requirements or that the operation of the Software will be uninterrupted or error-free.

DUE TO THE WIDE VARIETY OF WEB SERVER CONFIGURATIONS, HOSTING PLAN OPTIONS, ADMINISTRATIVE MANAGEMENT CAPABILITIES, AND THE COMPLEXITY OF WEB BASED DATA TRANSFERS, THE SOFTWARE MAY NOT ALWAYS PERFORM AS EXPECTED OR INTENDED. WHILE WE HAVE TAKEN GREAT CARE TO MINIMIZE THE POTENTIAL FOR ERRORS, WE CANNOT GUARANTEE THAT ALL POSSIBLE SITUATIONS HAVE BEEN CONSIDERED.

THEREFORE, EMAILMOVER SOFTWARE IS PROVIDED "AS IS"" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.

LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE.

Limitation Of Liability: Licensor's entire liability under this agreement shall be to return to Licensee the license fee for the period in which the Software did not perform according to this warranty. The parties agree to submit any dispute under this License to binding arbitration in the Atlanta, GA area under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so. If any legal action is necessary to enforce this License, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.

IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION LICENSED UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF LICENSOR IS FOUND LIABLE FOR DAMAGES BY A COURT OF LAW, THEN THE MAXIMUM, IN THE AGGREGATE, OF DAMAGES SHALL BE THE AMOUNT PAID BY THE LICENSEE TO LICENSOR HEREUNDER.

Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

Technical support: Technical installation and initial set-up support is available once you have purchased The Software. FREE Support is delivered via Email correspondence and Forum bulletin boards. Telephone support is available only when purchased. Only original, unedited software will be supported. Free Support activities are limited to initial installation and set-up of The Software, and any associated error messages and server security issues. Support for the ongoing use, enhancement or integration of The Software, or related to or caused by end-user modifications of the Software will be quoted on a per-case basis.

Refund Policy: The Software is offered with a 30 day money-back guarantee, which begins from the date of purchase. If for any reason you believe The Software does not perform as advertised, or is otherwise unsatisfactory, please notify us in writing (Email OK) within 30 days. We will immediately refund the full purchase price you paid, upon receipt of a form you must fill out certifying that you will no longer use The Software.

Security and Privacy: The Software allows for the collection and use of individual personal information gathered from others. You are responsible for complying with any Privacy Laws which may apply to your particular situation. You must also ensure the security of the personal data you collect. Because The Software is generally used to send mass Emails, you are solely responsible for the contents of the Emails you send, and especially for compliance with the Children's Online Privacy Protection Act. The Software has not been created with any significant security measures. Data is not encrypted in any way. You must ensure that the permissions and related security details of your website are handled in a manner appropriate to your use of The Software.

This License is the sole and entire Agreement between the parties. This Agreement supersedes all prior understandings, agreements and documentation relating to such subject matter. Modifications and amendments to this License, including any exhibit or appendix hereto, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties. This License will be governed by the laws of the State of Georgia.

All notices and other communications given in connection with this License shall be in writing and shall be deemed given as follows: (a) Three days after being deposited in the United States mail, postage prepaid to the recipient's address as appearing in the introductory paragraphs of this License; or (b) When sent by fax or email to the last fax number or email address of the recipient known to the party giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first-class or certified mail, or the recipient delivers a written confirmation of receipt.

Nothing contained herein will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties. The rights conferred by this License shall not be assignable by the Licensee without Licensor's prior written consent. Licensor may impose a reasonable license fee on any such assignment.

IF YOU ARE UNCOMFORTABLE WITH THE ABOVE TERMS AND CONDITIONS IN ANY WAY, YOU SHOULD CLICK THE 'CANCEL' BUTTON BELOW, AND CONTACT THE LICENSOR FOR A FULL REFUND OF YOUR PURCHASE PRICE. CONTINUING ON WITH THE INSTALLATION AFTER THIS POINT INDICATES YOUR ACCEPTANCE OF THE ABOVE TERMS, AND YOUR AGREEMENT TO OPERATE AND USE EMAILMOVER SOFTWARE AT YOUR OWN RISK.