7thDomain Software

READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY, BECAUSE BY INSTALLING, COPYING, USING OR DISTRIBUTING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OR DO NOT WISH TO BE BOUND BY THIS EULA, DO NOT INSTALL, COPY, USE OR DISTRIBUTE THE SOFTWARE.

GENERAL: This EULA governs the use of the Software made available by or on behalf of 7thDomain Software (“7thDomain”, “Author”, “we”, “us” or “our”). For purposes of this EULA:

– “Software” means such application software, together with all components thereof and all updates, patches, fixes, modifications and enhancements thereto, including releases of new versions, whether provided to you via download, automatically without additional consent or action on your part or otherwise, and any and all accompanying documentation, files and materials.

– “Activated Software” means Software which is attempting to be fully functional per it’s documented features

– “Unactivated Software” (or “Demo Software”) means Software which has certain critical functions disabled, yet sufficient functions enabled to allow for the simulation and demonstration of the potential functions of the Activated Software
LICENSE GRANT:
a) Unactivated Software is being distributed as a freeware product for personal, commercial use, non-profit organization, educational purpose. The Unactivated Software may be included with CD-ROM/DVD-ROM distributions or made available for download, however clear and overt reference must be made to the primary website of 7thDomain Software such that any person downloading the product is aware of the Author. You are NOT allowed to make a charge for distributing this Unactivated Software (either for profit or merely to recover your media and distribution costs) whether as a stand-alone product, or as part of a compilation or anthology, nor to use it for supporting your business or customers, unless agreed otherwise with the Author. The Unactivated Software may be distributed freely on any website or through any other distribution mechanism, as long as no part of it is changed in any way and payment for the activation license fee is only made through the websites of 7thDomain Software.

b) After payment to 7thDomain for a license fee for this Software, you shall receive a license activation code which, when applied to the Unactivated Software, will convert the UnActivated Software in to Activated Software. Subject to your agreement and compliance with the terms and conditions of this EULA, 7thDomain grants to you a limited, personal, non-exclusive, non-transferable and revocable license (without the right to sublicense) to install, use, access, display and run one fully functional copy of the Activated Software on the hard disk or other fixed storage medium of up to 1 (one) computers, or workstations (collectively, “Devices”) which you own or are under your control solely for your personal or internal business use. For the avoidance of doubt, the foregoing license may not be shared or used concurrently on multiple Devices without the purchase of additional licenses from 7thDomain for each such Device accessing, displaying, running, and/or using the Software.

For purposes of the foregoing license grant, except for Software designated “free” or “freeware” by 7thDomain (i.e., Software that does not require the payment of any license fee at any time), the continued use of the Software pursuant to Section 2 above after the expiration of the applicable “trial period” designated by 7thDomain without the payment of the applicable license fee is outside the scope of the foregoing license and a violation of this EULA and South African (“S.A.”) and international copyright laws.

RESTRICTIONS: The foregoing rights in and to the Software are the only rights granted to you in connection with this EULA, and any and all rights not expressly granted to you by the license described Section 2 above are expressly and fully reserved by us and/or our licensors. Your license and right to access and use the Software is limited to Devices owned or controlled by you. Except as specifically provided in this EULA or for backup or archival purposes specifically permitted by law, you may not use or make any other copies of the Software. In addition, you are not permitted to tamper with or attempt to bypass, modify, defeat or otherwise circumvent the operation of the Software, it’s activation process, or alter, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover or disclose the Software source code or underlying programming or architecture.

PROPRIETARY RIGHTS: 7thDomain owns all right, title and interest in and to the Software including, without limitation, all intellectual and proprietary rights appurtenant thereto, and, except for the limited license granted to you herein, nothing in this EULA shall be construed to transfer, convey, impair or otherwise adversely affect 7thDomain’s ownership or proprietary rights therein or any other 7thDomain information or materials, tangible or intangible, in any form and in any medium.

CHANGE IN POLICIES: 7thDomain Software reserve the right to change these policies at any time. While it is not our intention to do so, there may be factors outside of our control that require us to implement changes to our policies. Updated policies can be found on https://blog.7thdomain.com/software-eula/

INSTALLATION POLICY: The Unactivated Software may be installed on as many Devices as you wish. With a license purchase, you are authorized to convert a single installation of the Unactivated Software in to Activated Software on up to 1 (one) computers that you directly own and operate. We also offer corporate license deals if you find you require more copies.

REFUND POLICY: We will consider a full refund if you are not happy with our software functionality or it is not working in your particular environment, but only if you have made contact with our support staff (support@7thdomain.com) to attempt to remedy the issue and only if you have deactivated the licence (an option in the Licence Tab of our application) or never activated our software on your device.  Bear in mind we offer free, Demo Software versions for all of our software and in this way you can download and simulate the functions of the Activated Software. This Demo Software allows you to test the software risk-free before you decide to make a purchase.

UPGRADE POLICY: 7thDomain will in general endeavor to deliver improved versions of the software free of charge. We will continue to do so, especially when a new version mainly consists of minor improvements and fixes. However, from time to time there will be new versions that require rewrites of the application or parts of the application. This process requires significant research, design, development and testing time. In those situations and on a case by case basis, 7thDomain reserves the right to require a fee for upgrading to the new and improved version of the software. Given the resources it would take, we would hate to withhold implementing these improvements purely based on financial decisions; charging a nominal fee for updates is the only way to accomplish this. If you don’t feel new functionality is worth the upgrade you can always stay with your current version but accept the risk that as operating systems upgrade the software may encounter issues which may only be addressed in paid for upgrades. We highly recommend subscribing to our newsletter (if available) to be informed about both minor and major updates to your applications. Also this is usually the best way to get a ‘good deal’ on both new software and new functionality releases.

CROSS PLATFORM LICENSE POLICY: Depending on the product we may offer many different programs for both Windows, OS X and other operating systems. Your license is only good for the operating system you purchased it for. So if you purchased the OS X version for example, but now you would like the Windows version, that will require a separate license.

DISCONTINUED PURCHASE POLICY: As technology on the internet evolves there are times we may need to discontinue a Software program. When that happens, these are removed from our website. We suggest you always keep local backups of all purchases so that you have them available to you.

DATA COLLECTION AND USE: You hereby agree that 7thDomain, its parent, subsidiaries, affiliates, and their respective successors and assigns, may collect and use certain technical information associated with your use of the Software, including, without limitation, any information provided in connection with any support or technical services for the Software. The only notable information currently sent to 7thDomain is: your name, email, physical address, machine serial number, machine name and technical environment information such as application and operating system version numbers. This personal information will only be used to manage your direct relationship with us, such as ordering a license, activating the software, requesting support and helping us improve our service offering. All data collection is subject to our Privacy Policy

Be aware, the Software scripts functionality in Outlook for Mac and as such communicates with remote servers via Outlook, such as Exchange, POP and IMAP. Through user configuration you setup, the Software transfers data such as mail and calendar items between your personal online accounts and your local storage and in the case of Cloud Archive may store your data in external personal mail accounts like a Google GMail. Information relating to your private email accounts or the data contained therein will NEVER be sent to 7thDomain. It is entirely your responsibility to ensure the user archiving configurations of the Software do no cause data loss, breach of privacy or the policies of your corporate environment. To lower risk in this process a Simulation Mode feature is available in the software to allow you to test your archiving configurations.

PRIVACY POLICY: We take your privacy very seriously and will take all measures to protect personal information sent to 7thDomain. We will not sell or redistribute your information to anyone.

TERMINATION: We have the right to terminate this license and your right to use the Software at any time for any reason, including in the event we reasonably believe you have failed to comply with any term or condition of this EULA. If this license or your right to use the Software terminates for any reason or you must stop all use of the Software and either return to us or destroy the Software and all copies of the Software that are in your possession or under your control. We may ask you to certify your compliance with the foregoing in writing, and you agree to do so if we request you to do so.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTY: THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT APPLY OR THAT ARE MADE TO YOU IN ANY WAY IN CONNECTION WITH THE SOFTWARE OR THIS EULA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE AND YOUR ACCESS TO AND USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND/OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SOFTWARE IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND 7THDOMAIN DOES NOT GUARANTEE, WARRANT OR REPRESENT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT YOUR USE, OPERATION OR RESULTS OF USE OF THE SOFTWARE SHALL BE UNINTERRUPTED, COMPLETE, RELIABLE, ACCURATE, CURRENT, ERROR-FREE, FREE OF COMPUTER VIRUSES OR OTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING, USING AND/OR DISTRIBUTING THE SOFTWARE.

LIMITATIONS OF LIABILITY: YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER 7THDOMAIN NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, BUSINESS AND PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS, SUPPLIERS, RESELLERS AND CONTRACTORS SHALL, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM ANY USE OF THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS EULA.
YOU FURTHER ACKNOWLEDGE AND AGREE YOUR SOLE RIGHT AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE ASSOCIATED WITH THE SOFTWARE OR THIS EULA, EVEN IF YOU CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE, SHALL BE TO HAVE 7THDOMAIN, UPON WRITTEN NOTICE FROM YOU, ATTEMPT TO REPAIR, CORRECT OR REPLACE THE SOFTWARE. IF REPAIR, CORRECTION OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE IN THE SOLE AND ABSOLUTE DISCRETION OF 7THDOMAIN, EITHER YOU OR 7THDOMAIN SHALL HAVE THE RIGHT TO TERMINATE AND DISCONTINUE YOUR USE OF THE SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. IF THIS IS THE CASE YOU ARE NOT AUTHORIZED TO INSTALL, COPY, USE OR DISTRIBUTE THIS SOFTWARE.

INDEMNIFICATION: You agree to defend 7thDomain, its parent, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “7thDomain Indemnified Parties”) against any and all claims, demands and/or actions and indemnify and hold the 7thDomain Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this EULA, infringement, misappropriation or any violation of the rights of any other party, violation or noncompliance with any law or regulation, the breach or violation of any term or condition of your Agreement with us, any use, alteration or export of the Software or otherwise in connection with this EULA. We reserve the right to assume, at our expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with us upon our request.
GOVERNING LAW AND INTERPRETATION: This EULA and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of South Africa applicable to contracts wholly made and to be performed within South Africa. You agree to irrevocably submit to the sole and exclusive jurisdiction of the courts of South Africa. You further irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that South Africa is an inconvenient forum. No amendment, modification, waiver or discharge of any provision of this EULA shall be valid unless made in writing and signed by an authorized representative of 7thDomain. No failure or delay by 7thDomain to exercise any right or enforce any obligation shall impair or be construed as a waiver or on-going waiver of that or any or other right or power, unless made in writing and signed by 7thDomain. If any provision of this EULA is held to be illegal, invalid or unenforceable, the remaining provisions of this EULA shall be unimpaired and remain in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE ENTIRE AGREEMENT, UNDERSTAND IT, ACKNOWLEDGE YOU ARE BOUND BY IT AND AGREE TO FULLY COMPLY WITH ALL OF ITS TERMS AND CONDITIONS