1. LICENSE GRANT. Subject to the terms of this Agreement, MailFrontier, Inc. ("Licensor") hereby grants Licensee a limited, personal, non-sublicensable, non-transferable, nonexclusive license to use the software that Licensee is about to download ("Software") and to access the Service only for its personal, internal use and only in accordance with any documentation that accompanies it and Licensor's policies located at http://www.mailfrontier.com, or at a successor site, as they may be changed from time to time. If Licensee is an individual, Licensee may download, install and use the Software and the Service free of charge on any computer (but only one computer at a time) during the 30 days immediately after the Software is installed (the "Trial Period"). If Licensee is a Company, up to five consistent individuals, each on any computer (but only one computer per user at a time), may download, install and use the Software and the Service free of charge during the Trial Period. After the Trial Period, Licensee's continued use of the Software or the Service will be subject to payment of the fees described in Section 9 below. In any case, installation and use of the Software and the Service shall be limited to standalone computers or a local or wide area network of computers that is entirely operated and accessed by Licensee. "Software" includes both the Outlook and the Outlook Express versions.

2. LICENSE RESTRICTIONS. Except as expressly and unambiguously permitted by this Agreement, Licensee shall not, nor permit anyone else to, directly or indirectly: (i) copy (except for a reasonable number of backup copies), modify, or distribute (or otherwise make available to others) the Software or the Service; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software or the Service; (iii) rent, lease, or use the Software or the Service for timesharing or service bureau purposes or otherwise use the Software or the Service on behalf of any third party; or (iv) use the Software or the Service for performing comparisons or other "benchmarking" activities, either alone or in connection with any other software or service (and Licensee will not publish any such performance information or comparisons). Licensee shall maintain and not remove or obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies of the Software. As between the parties, title, ownership rights, and intellectual property rights in and to the Software, and any copies or portions thereof, and in and to the Service, shall remain in Licensor and its suppliers or licensors. Licensee understands that Licensor may modify or discontinue offering the Software or the Service at any time. The Software is protected by the copyright laws of the United States and international copyright treaties. This Agreement does not give Licensee any rights not expressly granted herein.

3. INTELLECTUAL PROPERTY; CONTENT. As a condition to Licensee's use of the Software and the Service, Licensee represents, warrants and covenants that Licensee will not use the Software or the Service: (i) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate any applicable law, statute, ordinance or regulation; (iii) to disseminate information or materials in any form or format ("Content") that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (iv) in violation of Licensor's standard policies then in effect. Licensee, not Licensor, remains solely responsible for all Content that Licensee uploads, posts, e-mails, transmits, or otherwise disseminates using, or in connection with, the Software or the Service. Licensor has no duty to monitor, control, archive or block any e-mail message. Licensee acknowledges that all Content that Licensee accesses using the Software or the Service is at Licensee's own risk and Licensee will be solely responsible for any damage to any party resulting therefrom. Although Licensor has no obligation to monitor the Content provided by Licensee or Licensee's use of the Software or Service, Licensor may do so and may remove any such content or prohibit any use of the Software or Service it believes may be (or alleged to be) in violation of the foregoing. Notwithstanding the foregoing, Licensor reserves the right at all times to disclose any information necessary satisfy any applicable law, regulation, legal process or governmental request concerning Licensee's use of the Software or Service, without prior notification to Licensee.

4. PRIVACY POLICY. Licensor's privacy policy governs Licensor's use of Licensee's information. This policy, as it may be changed from time to time, is posted at http://www.mailfrontier.com/privacy.html or at a successor site and is incorporated herein by reference.

5. EQUIPMENT. Licensee shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Software or the Service, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively "Equipment"). Licensee shall be responsible for ensuring that such Equipment is compatible with the Software and the Service and complies with all configurations set forth in Licensor's published policies then in effect. Licensee shall also be responsible for maintaining the security of the Equipment, Licensee account, passwords (including but not limited to administrative and other passwords) and files, and for all uses of Licensee's account or the Equipment with or without Licensee's knowledge or consent.

6. AVAILABILITY. Licensor shall use reasonable efforts consistent with prevailing industry standards to maintain the Service in a manner which minimizes errors and interruptions in the Service. The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Licensor or by third-party providers, or because of other causes beyond Licensor's reasonable control.

7. FEATURES AND COMMUNICATION. The Software and the Service are intended to enhance Licensee's mailbox in ways that include (a) automatically adding an identifying signature line to outgoing messages and (b) challenging potential junk e-mail senders via an automatically generated challenge e-mail in accordance with Licensor's standard policies then in effect. The Software will, at times, contact an outside server and will upload and download information. This information may include registration verification, software update checks, and the updating of message thumbprints. By installing the Software, you agree to allow the client software and the remote server to communicate with each other for the purpose of such information exchange.

8. SUPPORT AND UPGRADES. This Agreement entitles Licensee to one year of email support, upgrades, patches, enhancements, and fixes for the Software or the Service (collectively, "Support", as set forth in the then current Support Terms & Conditions on Licensor's Web site at www.mailfrontier.com, or at a successor site) upon payment of fees as per Section 9. Licensee may pay a maintenance fee following the first year in order to continue receiving the previously listed items. Licensee is not entitled to any other Support unless Licensee makes separate arrangements for Support with Licensor and pays any fees associated with such Support. Any such Support for the Software or Service that may be made available by Licensor shall become part of the Software or Service and subject to this Agreement.

9. FEES. If Licensee continues to use the Software or the Service after the expiration of the Trial Period, Licensee shall pay Licensor the license fees for the Software and Service, including, but not limited to, upfront and annual license fees, and any applicable support fees. Unless Licensee and Licensor have entered into a separate agreement, fees for a Licensee who is an individual shall be the then current fees set forth on Licensor's Web site at www.mailfrontier.com, or at a successor site, and fees for a Licensee who is a company or other entity shall be calculated according to Licensor's then current volume usage rates, which are available from Licensor upon request. All fees shall be non-refundable, and payable in US dollars on the date they come due. Licensee hereby authorizes Licensor to charge Licensee's credit card for all fees, or to invoice Licensee for all such fees. Licensee shall also pay all sales, use, value-added and other taxes, tariffs and duties of any type assessed against Licensor except for taxes on Licensor's income.

10. INDEMNITY. Licensee agrees that Licensor shall have no liability whatsoever for any use Licensee makes of the Software or the Service. Licensee shall indemnify and hold harmless Licensor from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from Licensee's use of the Software or the Service as well as from Licensee's failure to comply with any term of this Agreement.

11. WARRANTY DISCLAIMER. LICENSOR DOES NOT WARANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSOR DOES NOT GUARANTEE THE ACCURACY OF THE JUNK E-MAIL BLOCKING OF ANY MAIL MESSAGE OR THAT NO E-MAIL WILL BE LOST. LICENSOR PROVIDES THE SOFTWARE AND THE SERVICE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY. LICENSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INNACURACY OF THE JUNK E-MAIL BLOCKING PROCESS. THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF WANTED MAIL MESSAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE OR THE SERVICE. LICENSOR'S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID BY LICENSEE HEREUNDER IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

13. TERM AND TERMINATION. This Agreement shall continue until terminated as set forth in this section. Licensee may terminate this Agreement at any time. Licensor may terminate this Agreement immediately if Licensee violates any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, Licensee shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Software, and shall cease all use of the Service, and shall so certify to Licensor that such actions have occurred. Sections 2 through 6, and 10 through 17, and all accrued rights to payment, shall survive termination of this Agreement.

14. GOVERNMENT USE. If Licensee is part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software and the Service is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Software and the Service is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the Software or the Service by the Government shall be governed solely by the terms of this Agreement.

15. EXPORT CONTROLS. Licensee shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and Licensee shall not export, or allow the export or re-export of the Software or the Service in violation of any such restrictions, laws or regulations. By downloading or using the Software or the Service, Licensee agrees to the foregoing and represents and warrants that Licensee is not located in, under the control of, or a national or resident of any restricted country.

16. THIRD PARTY SOFTWARE. MailFrontier Desktop includes certain third party software. Acknowledgements of these products are located in the documentation file ThirdPartySoftwareAcknowledgements.txt located in the MailFrontier Desktop install directory.

17. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Licensor to act with respect to a breach of this Agreement by Licensee or others does not constitute a waiver and shall not limit Licensor's rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensee and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving Licensee) without Licensor's consent and any action or conduct in violation of the foregoing shall be void and without effect. Licensor expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Santa Clara County, California; Licensee hereby agrees to service of process in accordance with the rules of such courts.

Questions regarding the above statement should be directed toMailFrontier(TM) at privacy@mailfrontier.com for clarification

Last updated: March 19, 2003(c) Copyright 2003 MailFrontier, Inc.