Essen Trojan Bulk Mailer 2.4

EULA - End User License Agreement

End User License Agreement

YOUR USE OF SOFTWARE DOWNLOADED FROM THE FOLLOWING PAGE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALSO TO THE

TERMS AND CONDITIONS OF ESSENS STANDARD END USER LICENCE AGREEMENT FROM TIME TO TIME WHICH WILL BE DISPLAYED DURING THE

SOFTWARE INSTALLATION PROCESS. YOU SHOULD NOT DOWNLOAD OR INSTALL THE SOFTWARE IF YOU DO NOT AGREE TO USE IT IN ACCORDANCE

WITH THE TERMS AND CONDITIONS AS PROVIDED BELOW. BY CLICKING ON THE ACCEPTANCE BUTTON AT THE BOTTOM OF THIS PAGE, AND/OR BY

DOWNLOADING AND/OR USING THE SOFTWARE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS.

By downloading/installing and/or using the Program, you indicate your acceptance of the following Essen Program License Agreement ("Agreement").

If you do not agree to the terms of this Agreement, promptly delete the Program from your computer and cease use of the Program.

Essen Energy Conversion Devices Private Ltd. ("ESSEN") grants you ("e-mailer") a license to use the Essen Trojan Bulk Mailer software

("Program") as indicated below.

e-mailer may make and use one more copy of the Program solely for e-mailers backup ; provided that: (a) the Program is not modified in any way;

and (b) e-mailer maintains the copyright notice on the copy of the Program. e-mailer may not use the Program for commercial timesharing, rental, or

service bureau use. The Program may not be transferred, sold, assigned or otherwise conveyed to another party without ESSENs prior written

consent. e-mailer agrees not to cause or permit the reverse engineering, disassembly, or decompilation of the Program. e-mailer shall not disclose

the results of any benchmark tests of the Programs to any third party without ESSENs prior written approval.

e-mailer acquires only the right to use the Program and does not acquire any rights of ownership in the Program. ESSEN, or its licenser, shall at all

times retain all rights, title and interest in the Program.

Trojan Bulk Mailer gives the e-mailer the power and flexibility of having his own mail server, and an electronic mail-sender program that is

unparalleled. e-mailer can email tens of thousands of contacts - all at the click of the mouse. Trojan Bulk Mailer software is an enabling tool for

high-volume mailing over the Internet , complementing existing e-mail software; permitting individuals, companies and organizations to reach large

numbers of contacts efficiently
and inexpensively and is designed primarily for applications in which the sender and recipient
have an existing relationship for eg. a retailers customer base, a physicians list of patients, a newsletter publishers subscriber list etc.the

existence of that relationship; and even though it is a dedicated "send" engine, the product depends upon two-way business and personal

communications. Trojan Bulk Mailer incorporates identification, tracking, and undeliverable mail screening.

Trojan Bulk Mailer shall not be used by the e-mailer for spamming as defined under the current laws / proposed bills as existing in the

Congress of the United States and also the Union of India. Any violation of the same shall be at the explicit and whole and sole,

unfettered risk of the e-mailer and Essen shall be fully discharged from any and all of the liabilities now and in future, arising out of

any action / inaction taken by the e-mailer with respect to the above.
IMPORTANT--PLEASE FURTHER READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING AND/OR USING THE PROGRAM.

By downloading/installing and/or using the Program, you indicate your acceptance of the following Essen Program License Agreement ("Agreement").

If you do not agree to the terms of this Agreement, promptly delete the Program from your computer and cease use of the Program.

Essen Energy Conversion Devices Private Ltd. ("ESSEN") grants you ("e-mailer") a license to use the Essen Trojan Bulk Mailer software

("Program") as indicated below.

e-mailer may make and use one more copy of the Program solely for e-mailers backup ; provided that: (a) the Program is not modified in any way;

and (b) e-mailer maintains the copyright notice on the copy of the Program. e-mailer may not use the Program for commercial timesharing, rental, or

service bureau use. The Program may not be transferred, sold, assigned or otherwise conveyed to another party without ESSENs prior written

consent. e-mailer agrees not to cause or permit the reverse engineering, disassembly, or decompilation of the Program. e-mailer shall not disclose

the results of any benchmark tests of the Programs to any third party without ESSENs prior written approval.

e-mailer acquires only the right to use the Program and does not acquire any rights of ownership in the Program. ESSEN, or its licenser, shall at all

times retain all rights, title and interest in the Program.

ESSEN may terminate this Agreement if e-mailer breaches any of its terms. Upon termination, e-mailershall cease using the Program and shall destroy

or return to ESSEN all copies of the Program including all modifications and merged portions in any form.

This Agreement is governed by the laws of the Union of India.

ESSEN DOES NOT WARRANT THE PROGRAM AND ESSEN DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; THIS PROGRAM IS DISTRIBUTED

"AS-IS". ESSEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF

PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY e-mailer OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF

e-mailer OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ESSENS LIABILITY FOR DAMAGES HEREUNDER SHALL

IN NO EVENT EXCEED THE FEES PAID IF ANY, BY e-mailer UNDER THIS AGREEMENT.

e-mailer agrees to comply fully with all relevant export laws and regulations of the U.S./UNION of INDIA to assure that neither the Programs, nor

any direct product thereof, are exported, directly or indirectly, in violation of U.S./UNION of INDIA law. The Program may not be transferred outside

the country where delivery is taken or transferred, sold, assigned, or otherwise conveyed to another party without ESSENs prior written consent.

If the Program is delivered to a U.S. Government Agency of the Department of Defense, then it is delivered with Restricted Rights and the following

legend is applicable.

Restricted Rights Legend Use, duplication or disclosure by the Government is subject to restrictions as currently set forth in subparagraph (c)(1)(ii)

of DFARS 252-227-7013, Rights in Technical Data and Computer Software (October 1988).Essen Energy Conversion Devices Private Ltd., 24-B,

Jolly Maker II, Nariman Point, Bombay- 400021, MH, India

If the Program is delivered to a U.S. Government Agency not within the Department of Defense, then it is delivered with "Restricted Rights" as

defined in FAR 52.227-14, Rights in Data - General, including Alternate III (June 1987).

Unless both parties have signed a license agreement covering the Program, this Agreement constitutes the complete agreement between the parties

and supercedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. This

Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party; no other act, document,

usage or custom shall be deemed to amend or modify this Agreement. The waiver by either party of any breach of this Agreement shall not

constitute a waiver of any other or subsequent breach.

Should you have any questions concerning this Agreement, you may contact

Essen Energy Conversion Devices Pvt. Ltd. at webmaster@essencomp.com

COPYRIGHT 2001 by Essen Energy Conversion Devices Pvt. Ltd.
All Rights Reserved.

Essen Energy Conversion Devices Pvt. Ltd.
24-B, Jolly Maker II, Nariman Point,
Bombay- 400021, MH, India
Tel: +91-22-56325363
Email: webmaster@essencomp.com