Ensnare - The Spam Fighter 3.1.2.152

EULA - End User License Agreement

USE OF ENSNARE - THE SPAM FIGHTER ("SOFTWARE") ORDERED FROM ZENWORX SOFTWARE LABS IS PROVIDED ONLY UNDER LICENSE WITH ZENWORX SOFTWARE LABS. PLEASE READ THE FOLLOWING LICENSE CAREFULLY AND INDICATE YOUR ACCEPTANCE BY CLICKING WHERE INDICATED BELOW.

1. LICENSE. Subject to the terms of this Agreement, ZenWorx Software Labs grants you a nonexclusive, nontransferable license to install, display, and use the Software solely for your Internal Use. All rights not specifically granted to you herein are retained by ZenWorx Software Labs. "Internal Use" means (a) the installation and operation of the Software on your computer equipment and (b) the use of the Documentation, by your employees or contractors at your facilities, for the purpose of (i) performing your internal business and (ii) fulfilling your obligations pursuant to Section 2, all in accordance with the terms and conditions of this Agreement. Internal Use does not include using the Software for the business needs of a person or entity other than you, such as providing outsourcing, service bureau, on-line services or training to third parties. Except as specifically set forth herein, Internal Use does not include the right to reproduce, distribute or create derivative works of the Software.

2. RESTRICTIONS ON USE. Except as otherwise specifically permitted under this Agreement, you shall not use, copy, modify, create derivative works of, distribute, sell, assign, pledge, sublicense, lease, loan, rent, timeshare, deliver or otherwise transfer the Software, nor permit any third party to do any of the foregoing. You may not (a) derive or attempt to derive the source code or an assembly code representation of all or any portion of the Software by any means, (b) permit any third party to derive or attempt to derive such source code, or (c) reverse engineer, decompile, disassemble, or translate the Software or any part thereof. You will not disclose any information related to features and/or functionality of the Software or the results of any performance benchmarks or other technical testing of the Software to which you may have access pursuant to this Agreement or otherwise.

3. OWNERSHIP. ZenWorx Software Labs owns and holds all right, title and interest, including but not limited to copyright patent, trade secret, and all other intellectual and industrial property rights, in and to the Software (and any version of the Software made available by ZenWorx Software Labs for commercial release) and any copies thereof, and any changes, modifications or corrections to the Software.

4. NO WARRANTY. YOU AND ZENWORX SOFTWARE LABS AGREE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ZENWORX SOFTWARE LABS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ZENWORX SOFTWARE LABS DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION WITHOUT INTERRUPTION OR THAT IT IS ERROR-FREE. SOME JURISDICTIONS DO NOT PERMIT WAIVERS OF IMPLIED WARRANTIES SO THE ABOVE WAIVER MAY NOT APPLY TO YOU. IN THE EVENT ZENWORX SOFTWARE LABS CANNOT WAIVE ANY IMPLIED WARRANTIES; THE DURATION OF SUCH WARRANTIES SHALL BE THE MINIMUM PERIOD PERMITTED UNDER APPLICABLE LAW.

5. LIMITATION OF LIABILITY. IN NO EVENT WILL ZENWORX SOFTWARE LABS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR DATA, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, INCLUDING DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL AND INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE USE OF OR THE RESULTS OBTAINED FROM THE SOFTWARE.

6. APPLICABLE LAW. This Agreement shall be governed by the laws of the Commonwealth of Virginia as applied to agreements made, entered into and performed entirely in Virginia by Virginia residents. All claims under, or otherwise with respect to, this Agreement shall be brought and maintained in the State and Federal courts located in Richmond, Virginia, and the parties hereby expressly consent to the exclusive venue and jurisdiction of such courts.

7. INDEPENDENT PARTIES. Nothing contained in this Agreement shall be construed as creating a joint venture, partnership, and agent or employment relationship between ZenWorx Software Labs and you. Neither ZenWorx Software Labs nor you shall be or become liable or bound by any representation, act or omission whatsoever of the other.

8. AMENDMENTS. No amendment or modification of any provision of this Agreement will be effective unless the same is in writing and signed by both parties.

9. WAIVER. The waiver or failure of either party to exercise in any respect any rights provided for in this Agreement will not be deemed a waiver of any further right under this Agreement.

10. SEVERABILITY. If any term or provision of this Agreement should be declared invalid by a court of competent jurisdiction or by operation of law, the remaining terms and provisions of this Agreement will remain in force, and the invalid term or provision will be replaced by such valid term or provision as comes closest to the intention underlying the invalid term or provision.

11. INTEGRATION. This Agreement constitutes the entire and exclusive and final statement of the agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous representations, proposals, negotiations, conversations, discussions and agreements between the parties, whether oral or in writing.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE DOWNLOAD/ INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS