CustomMailer 4.0

EULA - End User License Agreement

CustomMailer 4.0 License and Terms of Use

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE
USING THIS PROGRAM. YOUR USE OF THIS PROGRAM INDICATES YOUR
ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT,
AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE
THIS SOFTWARE AND SHOULD PROMPTLY INFORM THE PLACE OF PURCHASE
AND YOUR PURCHASE PRICE WILL BE REFUNDED.

This is a legal agreement in effect between Wildcrest Associates and you the user
resulting from your having a copy of CustomMailer 4.0 (CustomMailer in what
follows unless otherwise indicated) on your computer. These terms and conditions
apply to the Trial Version, Personal Edition, Business Edition, and Enterprise
Edition of CustomMailer.

1. License and Ownership

CustomMailer is a licensed software product. CustomMailer, including its accompanying
files and documentation, is owned and copyrighted by Wildcrest Associates, Copyright
(C) 2004, all rights reserved. Wildcrest Associates grants the user in possession of
copy of CustomMailer (you in what follows) a nonexclusive license to install and use
CustomMailer ONLY FOR LEGAL AND ETHICAL PURPOSES provided the terms of this
agreement are met.

2. Conditions of Use

This license to CustomMailer is made to you as an individual and permits installation
on multiple computer systems of your choosing for use by you and you alone. Additional
copies may be made for normal backup purposes. No other distribution of CustomMailer
in whole or in part in permitted. You must take appropriate safeguards to protect this
product from unauthorized use by others.

The implementation and internal logic of CustomMailer are the property of Wildcrest
Associates and you may only employ them in the context of your use of CustomMailer
as expressly allowed by this license. You may not reverse engineer, disassemble,
decompile, or modify this software or its accompanying documentation in any way.
You may not use any means to discover, expose, document, defeat, or use the
programming interfaces or internal logic used within CustomMailer or any parts
thereof. You acknowledge that this software contains valuable confidential
information and trade secrets and that unauthorized use and/or copying are harmful
to Wildcrest Associates.

By downloading, installing, or using CustomMailer you agree that Wildcrest Associates
can have access to your contact information, including name and email address, for
purposes of contacting you as a prospective or current customer with announcements,
updates, and other information about this or related Wildcrest Associates software.
Unless we have your permission or are required by law, we will not make your contact
information available to anyone outside of Wildcrest Associates.

If you purchase the CustomMailer Personal Edition, Business Edition or Enterprise
Edition, you will receive a product serial number uniquely associated with you.
You may use this serial number to register copies of CustomMailer on any computer
systems of your choosing for use by you and you alone. You may not distribute the
serial number or your registered copy of CustomMailer in whole or in part to anyone
else. You agree that Wildcrest Associates may employ means to detect the unauthorized
distribution or use of your serial number or this software. By your action of using
the serial number to register your copy of CustomMailer, you hereby acknowledge and
accept your responsibility for the use of any unauthorized copies of CustomMailer
registered with your serial number.

3. Java Runtime Environment and Third Party Copyrights

You further agree to abide by the terms and conditions of the Sun Microsystems Java
(tm) Runtime Environment (JRE) Version 1.1.8 Binary Code License contained within
this distribution. Nothing in this CustomMailer license agreement shall be taken as
modifying, extending, or abridging the terms of the JRE license as it applies to the
JRE. Other portions of this program are copyrighted by Symantec Corporation, IBM
Corporation, Sun Microsystems, JObjects, AXL Software, Alexey Goloshubin Jeremy
Cook, Kasuki Yasumatsu, and Wildcrest Associates and distributed under terms of
license agreements associated with those software components.

4. Warranty Disclaimer and Limitation of Liability

CustomMailer is licensed to the user on an AS IS basis. Wildcrest Associates MAKES
NO WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, WITH RESPECT TO
THIS SOFTWARE AND ITS ASSOCIATED FILES AND DOCUMENTATION,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
WILDCREST ASSOCIATES DOES NOT WARRANT THAT THE OPERATION OF
THIS SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT
DEFECTS WILL BE CORRECTED.

You the user are solely responsible for determining the appropriateness, suitability,
quality, and performance of this software for your purposes and accept full
responsibility for all risks associated with its use. Wildcrest Associates is not
and will not be liable for any direct, indirect, special, general, incidential, or
consequential damages in any amount, including but not limited to lost profits or
business, loss of anticipated benefit, loss of data or business information, loss of
goodwill, or interruption of business however caused, arising out of any and all
intended or unintended consequences of your use or inability to use this software
in any way, even if Wildcrest Associates has been advised of the possibility of
such damages. You further agree that you indemnify Wildcrest Associates against and
take full responsibility for any damages arising from any and all intended or
unintended consequences of your sending or failing to send correctly or incorrectly
generated electronic mail of any kind to anyone using CustomMailer.

CustomMailer is not licensed for and Wildcrest Associates does not condone any
illegal or unethical use of this product. Under no circumstances will Wildcrest
Associates be responsible for damages or any other consequences arising from such
use. You and not Wildcrest Associates are solely responsible for determining what
is legal and for ensuring that all use of this product is in accordance with
applicable law.

The entire liability of Wildcrest Associates under the provisions of this agreement
shall in any event be limited to the license fee actually paid by you for the right
to use this software. These provisions specifically allocate risk under this
agreement between you and Wildcrest Associates, and the pricing expressly reflects
this allocation of risk and limitation of liabilities. Wildcrest Associates retains
the right to, in its sole discretion, refund the license fee you paid for the right
to use this software as a complete and final resolution to any dispute.

5. Export Law Assurances

You may not use or otherwise export or reexport this software except as authorized
by United States law and the laws of the jurisdiction in which the software was
obtained. In particular, but without limitation, no part of this software may be
used or otherwise exported or reexported (i) into (or to a national or resident of)
a United States embargoed country or (ii) to anyone on the U.S. Treasury Department
list of Specially Designated Nationals or the U.S. Department of Commerce Denied
Person's List or Entity List. By using the software, you represent and warrant that
you are not located in, under control of or, a national or resident of any such
country or on any such list.

6. Controlling Law and Severability

This license shall be governed by the law of the United States of America and the
State of California. You agree to submit to and waive any objections to personal
juristiction of and venue in the U.S. District Court for the Northern District of
California, the California Superior Court for Santa Clara County, or the Santa Clara
County Municipal Court for any litigation arising out of the agreement. If for any
reason a court of competent jurisdiction finds any provision, or portion thereof, to
be unenforceable, the remainder of this license shall continue in full force and effect.

7. Support

Wildcrest Associates makes every effort to ensure the quality of our products,
and questions, bug reports, and feature requests are welcome. Wildcrest Associates
also provides support for CustomMailer in the form of an optional annual maintenance
agreement. In either case, due to resource limitations, it may not be possible to
resolve all issues and no assurances can be given as to when or if problems will be
addressed.

8. Complete Agreement

This license constitutes the entire agreement between the parties with respect to
the use of this software and supersedes all prior or contemporaneous understandings
regarding such subject matter. No amendment to or modification of this license will
be binding unless in writing and signed by Wildcrest Associates.

(C) Copyright 2004, Wildcrest Associates (http://www.wildcrest.com)