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Maxmail End User License Agreement

Copyright © 2007 Maxmail.co.nz and Genesis Web Strategies Ltd (referred to as Genesis Interactive from here on in) – All Rights Reserved

When you purchase this software you agreed to accept the terms of this Agreement. This Agreement is a legal contract, which specifies the terms of the license and warranty limitation between you and 'Genesis Interactive'. You should carefully read the following terms and conditions before signing this booking form or using this software.  Unless you have a different license agreement obtained from 'Genesis Interactive', installation or use of this software indicates your acceptance of the license and warranty limitation terms contained in this Agreement.

Versions of the Software: Only one user account may be used per Maxmail account.

License to Redistribute: Distributing the software user account and/or documentation with other products (commercial or otherwise) by any means without prior written permission from ' Genesis Interactive' is forbidden. All rights to the Maxmail software and documentation not expressly granted under this Agreement are reserved to 'Genesis Interactive'.

Term: This contract is for a set period of 12 months. Cancellation before the completion of the term will incur penalties equivalent to the amount outstanding on the term. 

Money Back Guarantee: The money back guarantee applies until a period of 30 calendar days from the date of signing this booking form. Cancellations after the 30 day period has lapsed will incur penalties as detailed above.

No SPAM: By signing this contract you expressly take full responsibility of your business's acceptance of our Anti Spam policy. Further to that you also agree that you will not use any unsolicited mailing lists and/or mobile phone numbers where you don't have the permission of the holder of the email address or mobile phone to send electronic communication. It is your responsibility to keep yourself up to date with our anti Spam policy and the Unsolicited Electronic Messages act of 2007 or the UEM. MaxMail or Genesis Interactive does not accept any liability for any breaches of the UEM on your part.

Refusal of service: In the event we receive complaints about your disregard for the UEM Genesis Interactive will review the complaint and investigate further to verify the complaint. If found guilty you will be requested to address the situation in writing within 14 days of our enquiry finding your in breach of this clause. Failure to conform to our first request a further warning period of 7 days will be allowed. Failing that we will cancel your account immediately with full payment of the remaining term and if required refer you to the appropriate law agency. In addition to that Genesis Interactive reserves the right to refuse access if your services offered are deemed inappropriate.

Refunds: If you are not satisfied with your purchase, within a 30-day period, you are able to make use of our 30-Day Money Back Guarantee and get a full refund upon providing sufficient reason for your discontent. 

Disclaimer of Warranty: THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH Maxmail MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. THE USER MUST ASSUME THE ENTIRE RISK OF USING THIS PROGRAM. ANY LIABILITY OF 'Genesis Interactive' WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. IN NO CASE SHALL 'Genesis Interactive' BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF 'Genesis Interactive' IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL Genesis Interactive LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY LICENSEE TO 'Genesis Interactive'.

Warning: This program is protected by copyright law. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

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