Nelson Email Organizer - NEO 2.5.1

EULA - End User License Agreement

Nelson Email Organizer(tm)
END USER LICENSE AGREEMENT

IMPORTANT:
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CAELO SOFTWARE INC,
INCLUDING ITS AUTHORIZED AGENTS AND DISTRIBUTORS ("Caelo").
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH
THE INSTALLATION, IN WHATEVER MEDIA FORMAT, OF THE NELSON
EMAIL ORGANIZER(tm) SOFTWARE, INCLUDING ASSOCIATED WRITTEN
DOCUMENTATION (THE "SOFTWARE").

IF "I ACCEPT" IS SELECTED DURING INSTALLATION AND YOU CLICK
THE NEXT BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS
AGREEMENT, CLICK "I DO NOT ACCEPT" AND CLICK THE NEXT BUTTON
TO TERMINATE THE INSTALLATION OF THE SOFTWARE.

1. GRANT OF LICENSE:
a. This is a license, not a sale of the Software;
b. Upon payment by you and receipt by Caelo of the license fee
prescribed by Caelo from time to time (the "License Fee"),
Caelo grants to you a non-exclusive license to use one copy
of the Software in accordance with the terms and conditions
set forth in this Agreement ("Single User Licensees');
c. Single-User Licensees shall only use the Software on a
single computer subject, however, to the limited exception
that you may use the Software on a second (portable or
home) computer provided it is used only by you and provided
only one copy of the Software is used at one time;
d. If you require the Software for use on more than one
computer, contact Caelo at the mailing address below, as
you may qualify for a site license ("Site License
Licensees"). Site License Licensees may use the Software
on multiple computers provided the number of computers the
Software is installed on does not exceed the number of
seats authorized by Caelo in the said site license.

2. EVALUATION COPY:
a. You may install one copy of the Software for no more than
thirty (30) days from the initial installation in your
computer ("Evaluation Period"), solely for evaluation
purposes ("Evaluation Copy");
b. If you install an Evaluation Copy of the Software, you
agree to and shall be bound by all the terms and
conditions of this Agreement during the Evaluation Period
and during any extensions authorized by Caelo, except for
payment of the License Fee;
c. IMPORTANT: The Evaluation Copy of the Software will become
non-functional, including not organizing new mail, after
the Evaluation Period. You shall install the Evaluation
Copy at your own risk and accept the Software on an "AS IS"
basis. THE LIMITED WARRANTIES AND LIMITATION OF LIABILITY
SET FORTH IN THIS AGREEMENT APPLY DURING THE EVALUATION
PERIOD, INCLUDING CLAIMS FOR LOSS OF DATA OR OTHER
INFORMATION, WHICH MAY OCCUR AS A RESULT OF THE EVALUATION
PERIOD TERMINATING.

3. COPYRIGHT, TRADEMARKS AND TRADE SECRETS:
a. Caelo owns intellectual property rights in the Software and
Nelson Email Organizer(tm) "Trademark");
b. Further, the Softwares structure, sequence, organization
and code are the valuable trade secrets of Caelo;
c. The Software and Trademark are protected against
unauthorized use by United States and Canadian copyright
laws and international treaty provisions;
d. This Agreement does not grant you any intellectual property
rights in the Software or Trademark. Unpublished rights
are reserved.

4. LICENSE KEY and CONFIDENTIALITY:
a. At the end of the Evaluation Period and any extensions
authorized by Caelo, and upon payment of the License Fee,
you will be provided, through Caelos authorized agent,
with a confidential numbered code to access the Software
(the License Key);
b. You shall, at all times and without exception, maintain the
confidentiality of the License Key. Specifically, you
shall not disclose the information associated with the
License Key to any other person, corporation or any other
entity.

5. PROHIBITED USES:
a. You may not reverse-engineer, decompile, disassemble,
modify, translate, or create derivative works;
b. You may not display the Software code in human-readable
form;
c. Without limiting the foregoing, you may not do anything
with the Software or License Key that is not expressly
permitted by this Agreement.

6. TRANSFER:
a. Transfer of License Key and Installed Software:
--------------------------------------------------
Subject to the terms of this Agreement, you may not copy,
transmit, assign, rent, lease, sublicense, distribute, lend
or otherwise transfer the License Key or installed Software,
and you may not sell or license to others the right to use
the License Key or installed Software, in whole or in part.

b. Transfer of Software Distribution Program:
---------------------------------------------
Subject to the terms of this Agreement, you may copy,
transmit, and distribute the Software distribution program
(NELSON.EXE or NELSONxx.EXE) to others for the sole purpose
of evaluation provided no modifications or additions are
made to the Software distribution program, or any
associated files, and provided it is not bundled in a
distribution with any other software.

7. ENHANCEMENTS:
a. Upon payment of the License Fee, you are entitled to use
this version of the Software and receive minor releases
related to this version of the Software, at no extra
charge. Minor Releases are defined as releases where the
number to the left of the decimal point remains the same as
the Software for which a License has been granted, and the
number to the right of the decimal point for the said
Software is different. It is within Caelos sole discretion
to market, distribute or license releases as either Minor
Releases or major releases.

8. CUSTOMER SUPPORT:
a. Subject to Caelos availability and resources, customer
support for the Software may be provided by Caelo through
its email address at support@caelo.com.

9. ARCHIVAL BACKUP OF SOFTWARE:
a. Caelo authorizes you to make one copy of the Software for
backup or archival purposes.

10. TERM:
a. This Agreement is effective from the time you click I
Accept until this Agreement is terminated;
b. If at any time after clicking I Accept, you do not wish
to be bound by this Agreement, you shall terminate this
Agreement by notifying Caelo in writing, at one of the
addresses below, of such termination;
c. Further, this Agreement will terminate immediately and
without further notice if you fail to comply with any
provision of this Agreement;
d. Upon termination of this Agreement, for any reason, you
agree to destroy all copies of the Software by
uninstalling, deleting or taking any steps necessary to
render the Software unusable.

11. SURVIVAL UPON TERMINATION:
a. All obligations of confidentiality, rights associated with
intellectual property and restrictions on use and all other
provisions that may reasonably be interpreted to survive
termination of this Agreement, will survive termination of
this Agreement for any reason.

12. LIMITED WARRANTY- PHYSICAL MEDIA:
a. If you received the Software on physical media such as
CD-ROM, DVD or diskette (Physical Media), Caelo warrants
the Physical Media to be free of defects in materials and
workmanship for a period of sixty (60) days from the
purchase date;
b. If Caelo receives notification within the warranty period
of defects in materials or workmanship and Caelo determines
that such notification is valid, Caelos entire liability,
and your exclusive remedy shall be, at Caelos option a)
replace defective Media; b) advise how to achieve
substantially the same functionality via a procedure that
may be different than documented; c) refund the License Fee
you paid for the Software;
c. This Limited Warranty is void if failure of the Physical
Media has resulted from accident, abuse, or misapplication.

13. WARRANTY DISCLAIMERS:
a. The Software is licensed to you on an AS IS basis;
b. TO THE EXTENT PERMITTED BY LAW, CAELO EXPRESSLY DISCLAIMS
ALL WARRANTIES AND CONDITIONS, OF ANY KIND, EXPRESS,
STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE;
c. The entire risk as to the quality and performance of the
Software is with you. Should the Software or the
Documentation prove defective, you (and not Caelo) assume
the entire cost of all necessary servicing or repair.
d. Caelo DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE
COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR
THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR
WRITTEN STATEMENT BY CAELO OR ITS AUTHORIZED AGENTS OR
DISTRIBUTORS SHALL CREATE A WARRANTY OR INCREASE THE SCOPE
OF THIS WARRANTY;
e. CAELO FURTHER DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO
THE DETECTION OR ELIMINATION OF COMPUTER VIRUSES IN ANY
FORM;
f. Caelo DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR
THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE
SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD
PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT
INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE
DESIGNATED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE
OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM
ANY OTHER SUCH ACTIONS;
g. Some states or jurisdictions do not allow the exclusion of
implied warranties, conditions or limitations, so the above
may not apply to you and your rights may vary from
jurisdiction to jurisdiction. Any warranties that by law
survive the foregoing disclaimers shall terminate sixty
(60) days from the date you installed the Software.

14. LIMITATION OF LIABILITY:
a. YOUR SOLE REMEDIES AND Caelos ENTIRE LIABILITY FOR THE
SOFTWARE ARE SET FORTH IN THIS AGREEMENT. IN NO EVENT
WILL Caelo BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOST
PROFITS OR LOST SAVINGS, RESULTING FROM THE USE OF THE
SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT
IN THE SOFTWARE, EVEN IF Caelo HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE, OR FOR ANY CLAIM BY ANY THIRD
PARTY;
b. You agree that Caelo shall not be liable for defense costs
or indemnity with respect to any claim against you by any
third party arising from your possession or use of the
Software;
c. In no event shall Caelos maximum aggregate liability to
you for all damages, losses, and causes of action (whether
in contract, tort, including negligence, or otherwise)
exceed the License Fee you paid for the Software;
d. The limitations imposed by this section shall apply whether
or not the alleged breach or default is a breach of a
fundamental condition or term;
e. Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitations or exclusions may not apply to you.

15. SOFTWARE NOT INTENDED FOR HIGH-RISK ACTIVITIES:
a. The Software is not designed, manufactured or intended for
use as online equipment control equipment in hazardous
environments requiring fail-safe performance, such as, but
not limited to, the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems,
in which the failure of the Software could lead directly to
death, personal injury, or severe physical or environmental
damage. CAELO SPECIFICALLY DISCLAIMS ANY EXPRESS OR
IMPLIED WARRANTY OF FITNESS FOR ANY HIGH RISK USES LISTED
ABOVE.

16. GOVERNING LAW AND INTERPRETATION:
a. The rights and obligation of the parties under this
agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of
Goods;
b. This License shall be construed, interpreted, and governed
by the laws of the Province of British Columbia, Canada,
excluding the application of its conflicts of law rules;
c. If any provision of this Agreement is held to be illegal,
void or unenforceable by a court or tribunal of competent
jurisdiction, the remaining provisions of this Agreement
shall remain in force and effect and the invalid provision
deemed modified to the least degree necessary to remedy
such invalidity.

17. NOTICE TO U.S. GOVERNMENT END USERS:
a. The Software may be Commercial Items as that term is
defined at 48 C.F.R. 2.101, consisting of Commercial
Computer Software and Commercial Computer Software
Documentation, as such terms are used in 48 C.F.R. 12.212
or 48 C.F.R. 227.7202, as applicable. Consistent with 48
C.F.R. 12.2112 or 48 C.F.R. 227.7202-1 through 227.7202-4,
as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being
licensed in this Agreement to United States Government
licensees (A) only as Commercial Items and (B) with only
those rights as are granted to all other licensees pursuant
to the terms and conditions herein.

18. ENTIRE AGREEMENT:
a. This Agreement is the entire agreement between you and
Caelo and supersedes all prior agreements, oral or written
with respect to this license.

Questions concerning this Agreement may be directed to Caelo
Software Inc., 1000 - 622 Front Street, Nelson BC Canada
V1L 4B7. Email address for termination of this Agreement:
terminate@caelo.com

Copyright 2001 by Caelo Software Inc. All rights reserved.
Nelson Email Organizer is a trademark of Caelo Software Inc.