tummy.com: we do linux

vPostMaster Pro License


This license applies to people who have purchased a Pro license to
vPostMaster.  Otherwise, see the file "LICENSE-Community".

License: vPostMaster Pro License


      vPostMaster Software


        PRO LICENSE

This End User License Agreement (the "Agreement") is a binding legal
agreement between the person or organization that registers to download
the vPostMaster software ("you") and tummy.com, ltd. ("tummy.com"). By
selecting "I Accept" when downloading, or by installing or using the
vPostMaster Software (the "Software"), you agree to be bound by the
terms of this Agreement. If you do not agree to the Agreement, you may
not install or use the Software. 

          How You Can Use vPostMaster.

You have, subject to the terms and conditions of this Agreement, a
non-exclusive, non-transferable license to use the Software for your
purposes.  tummy.com owns all rights, title and interest to the Software
(including all intellectual property rights) and reserves all rights
to the Software that are not expressly granted in this Agreement. Your
use of the Software is limited to a fixed number of Users and Servers,
as defined and enumerated in Exhibit A of this Agreement.

          Making Copies.

You may make as many copies of the Software as you need in any machine
readable form solely for back-up purposes, provided that you reproduce
the Software in its original form and with all proprietary notices on
the back-up copy. All rights to the Software not expressly granted
herein are reserved by tummy.com.


          Getting Help.

tummy.com will provide technical support services for the Software as
enumerated in your copy of the Software.

          Restrictions.

You understand and agree that you will only use the Software in a manner
that complies with any and all applicable laws in the jurisdictions in
which you use the Software. Your use shall be in accordance with
applicable restrictions concerning privacy and intellectual property rights.

You may not:

    * Distribute derivative works based on the Software (the distribution
      of plug-ins and other add-ons to the product written using APIs and
      other programmatic interfaces published by tummy.com are allowed);
    * Reproduce the Software except as described in this Agreement;
    * Sell, assign, license, disclose, distribute, or otherwise transfer
      or make available the Software, in whole or in part, or any copies
      of the Software in any form to any third parties;
    * Remove or alter any proprietary notices on the Software.

          Fees and Payment.

You will pay tummy.com the Pro License Fee set forth on tummy.com's
then-current price list for use of the Software. The credit card that
you provide as part of the registration process will be automatically
and immediately billed. All currency references are in U.S. dollars.

For certain licenses you may also be required to pay an annual
maintenance fee to maintain your access to support, updates and
upgrades. Maintenance fees, if any, are enumerated in Exhibit A of this
Agreement.

          Personal Information and Privacy.

We may ask you to provide certain information about yourself during the
Software downloading process. All personal information that you provide
to tummy.com will be governed by the Privacy Policy, which is available
at http://www.tummy.com/PrivacyPolicy.html. By choosing to use the Software,
you indicate your understanding and acceptance of the Privacy Policy.

          No Warranty.

THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER
EXPRESSED OR IMPLIED, IS GIVEN. TUMMY.Com EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED
WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE
INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO
EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR
INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING
THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED
WITH ITS USE.

          Term and Termination.

The term of this Agreement shall be for the period set forth in Exhibit
A of this Agreement. You may use the Software under this Agreement until
the end of the term or until either party terminates this Agreement as
set forth in this paragraph. Either party may terminate the Agreement at
any time, upon written notice to the other party. Upon termination, all
licenses granted to you will terminate, and you will immediately
uninstall and cease all use of the Software. The Sections entitled
"Title," "No Warranty," "Indemnification," "Limitation of Liability,"
and "General" will survive any termination of this Agreement.

          Indemnification.

By accepting the Agreement, you agree to indemnify and otherwise hold
harmless tummy.com, its officers, employers, agents, subsidiaries,
affiliates and other partners from any direct, indirect, incidental,
special, consequential or exemplary damages arising out of, relating to,
or resulting from your use of the Software.

          LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TUMMY.COM SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIX APART HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL TUMMY.COM'S TOTAL
CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO TUMMY.COM UNDER THIS
AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD.

          General

The Agreement between you and tummy.com will be governed by and
construed in accordance with the laws of the State of Colorado without
regard to conflict of laws principles. The Agreement constitutes the
entire agreement between you and tummy.com and governs your use of the
Software, superseding any prior agreements between you and tummy.com. If
any provision of this Agreement is held by a court of competent
jurisdiction to be contrary to law, such provision will be changed and
interpreted so as to best accomplish the objectives of the original
provision to the fullest extent allowed by law and the remaining
provisions of this Agreement will remain in full force and effect. The
Software is a "commercial item" 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. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4, all U.S. Government end users acquire the Software
with only those rights set forth therein. The parties acknowledge that
the manufacture and sale of the Software is subject to the export
control laws of the United States of America, including the U.S. Bureau
of Export Administration regulations, as amended, and hereby agree to
obey any and all such laws. You may not assign this Agreement, and any
assignment of this Agreement by you will be null and void. vPostMaster,
the vPostMaster logo, tummy.com, the tummy.com logo, and other tummy.com
logos and names are trademarks of tummy.com, ltd. You agree not to
display or use these trademarks in any manner without tummy.com's prior,
written permission. The section titles and numbering of this Agreement
are displayed for convenience and have no legal effect.

      EXHIBIT A

        Example User Pro License

Term 	One Year
Number of Servers 	Unlimited
Number of Users 	@@number of users@@
Support Level 	Regular
Updates and Upgrades 	One Year
Maintenance Fee 	None

You will receive a receipt indicating the number of users for your
Pro license when you have paid for it.

          Definitions


          Definition of User

"User" means an email address that provides a login to the vPostMaster system.

          Definition of Server

"Server" means one computer or set of computers with a single
installation of vPostMaster installed on one Computer and no more than
one other computer used for delivering web pages and two other computers
used as database servers.


          Definition of an Update

An "Update" of the product is defined as that which adds minor
functionality enhancements or any bug fix to the current version. This
class of release is identified by the change of the revision to the
right of the decimal point, i.e. X.1 to X.2

The assignment to the category of Update or Upgrade shall be at the sole
discretion of tummy.com.


          Definition of an Upgrade

An "Upgrade" is a major release of the product and is defined as that
which incorporates a major new features or enhancement that increase the
core functionality of the software. This class of release is identified
by the change of the revision to the left of the decimal point, i.e. 4.X
to 5.X

The assignment to the category of Update or Upgrade shall be at the sole
discretion of tummy.com.

Copyright 2006 (c) tummy.com, ltd. http://www.tummy.com/
All Rights Reserved