EMAILENGINE LICENSE AGREEMENT

Version 2.1, 17 October 2023

PLEASE CAREFULLY READ THIS EMAILENGINE LICENSE AGREEMENT ("AGREEMENT"). THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND POSTAL SYSTEMS OÜ AND GOVERNS YOUR USE OF THE SOFTWARE (DEFINED BELOW). IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE. IF YOU ARE USING THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO AGREE TO THIS AGREEMENT ON BEHALF OF SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, DO NOT USE THE SOFTWARE IN ANY MANNER.

This Agreement is entered into by and between Postal Systems OÜ and you, or the legal entity on behalf of whom you are acting (as applicable, "You" or "Your").

1. DEFINITIONS

1.1. "Postal Systems OÜ" refers to the entity providing the EmailEngine software.
1.2. "Software" refers to the EmailEngine application, including all its versions, updates, modifications, accompanying documentation, and related materials.
1.3. "You" or "User" refers to the individual or entity installing, accessing, or using the Software.
1.4. "License Key" refers to the unique code provided by Postal Systems OÜ upon purchasing a subscription which activates the full features of the Software beyond the trial period.
1.5. "Instance" refers to a copy of EmailEngine run on a local machine or on a server. A single instance runs on a single machine but can utilize multiple CPU cores without limitations.

2. GRANT OF LICENSE

2.1. Postal Systems OÜ grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Software for a 14-day free trial period.
2.2. Upon purchase of a subscription from https://postalsys.com, You are entitled to generate and use License Keys for the Software. The paid subscription covers all versions of EmailEngine and all updates and modifications.
2.3. Once the trial period concludes, the core functionality of the Software ceases to operate until a valid License Key is provided.
2.4. This license grants you the right to use the Software for both personal and commercial purposes.

3. TRIAL PERIOD

3.1. The Software can be used freely with all its features for a period of 14 days from the first installation.
3.2. After the trial period expires, the Software will require a License Key to operate.
3.3. Postal Systems OÜ reserves the right to offer extensions or variations of the trial period on a case-by-case basis.

4. LICENSE KEYS

4.1. License Keys can be generated by users or organizations that have an active subscription from Postal Systems OÜ. These License Keys can be reused within the purchasing organization without limitations.
4.2. Distribution or sharing of License Keys to third parties, not associated with the purchasing user's organization, is strictly prohibited.

5. USE OF SOFTWARE AND COMPONENTS

5.1. You may only run the Software for Your benefit and for the internal operations of Your organization.
5.2. The Software includes various components, including open-source software components. While Postal Systems OÜ facilitates the provision of these components, it does not provide any warranties regarding these components and is not responsible for any issues that may arise from their use. The respective licenses for these open-source components are included with the Software's documentation and must be followed as required.
5.3. Extension of Services to Your Customers: You are permitted to use the Software under your existing subscription to extend services to your customers, provided that you maintain direct management over the EmailEngine instances. Your customers are permitted to use the EmailEngine as end users. However, they are expressly prohibited from developing their own services atop the EmailEngine platform or using modified source code for unauthorized purposes.

6. SOURCE CODE USAGE

6.1. You are permitted to view, copy, and modify the Software's source code, as made available by Postal Systems OÜ, solely for Your internal business use and in compliance with this Agreement's terms.
6.2. Any modifications to the source code do not grant you any ownership rights to the original Software or any modifications. All rights, title, and interest to the Software and its source code remain exclusively with Postal Systems OÜ.
6.3. You are strictly prohibited from altering, removing, or in any way tampering with the license key validation system within the Software. Any such unauthorized modifications will be considered a material breach of this Agreement and may result in legal action.
6.4. You are required to use valid License Keys issued by Postal Systems OÜ to run the Software, including any modified versions. Any attempts to bypass the License Key requirement is a violation of this Agreement.

7. EXPIRATION OF LICENSE KEYS

7.1. License Keys are bound to the subscription period. Should your subscription expire, all License Keys generated by you or your organization will become invalid after 30 days from the subscription expiration date.
7.2. Any instance of the Software using such an expired key will cease to function after the aforementioned 30-day period.

8. TERMINATION

8.1. Postal Systems OÜ reserves the right to terminate your license to use the Software if you violate any terms of this EULA.
8.2. In the event of a termination, you will be provided with a written notice, sent to the email address used during your subscription to the EmailEngine, outlining the reasons for the termination.
8.3. Upon termination, all rights granted to you under this EULA will cease, and you must promptly cease all use of the Software.

9. LIMITATION OF LIABILITY

9.1. Postal Systems OÜ shall not be responsible for any indirect damages, losses, or expenses that may arise from your use or misuse of the Software.
9.2. Postal Systems OÜ’s liability for direct damages arising from or related to your use of the Software shall be limited to a maximum aggregate amount of 50€ over the life of the software usage.

10. GOVERNING LAW & JURISDICTION

10.1. This EULA shall be governed by and construed under the laws of Estonia.
10.2. Any disputes arising from or related to this EULA shall be resolved in the jurisdiction of Tallinn, Estonia.

11. DATA PROTECTION & PRIVACY

11.1. By using the Software, you consent to the collection, processing, and use of any personal data as required for the functionality of the Software. The specifics of data handling and storage will be outlined in the company's Privacy Policy, which can be accessed on the company's website.

12. ACCEPTANCE

12.1. By downloading, installing, or using the EmailEngine software, even without explicitly clicking on an "I Agree" button or a similar mechanism, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this EULA.

13. ASSIGNMENT

13.1. This EULA and the rights granted hereunder may not be transferred or assigned by you but may be assigned by Postal Systems OÜ without restriction.

14. SEVERABILITY

14.1. If any provision of this EULA is held to be unenforceable or invalid for any reason, that provision shall be reformed to the extent necessary to make it enforceable and consistent with the intent of the parties, and the remaining provisions shall remain in full force and effect.

15. SUPPORT AND MAINTENANCE

15.1. Postal Systems OÜ does not guarantee any form of support for the Software.
15.2. Users are solely responsible for the maintenance, operation, and management of their own EmailEngine instances.
15.3. While Postal Systems OÜ may endeavor to provide support, if possible, such support will be facilitated through a public chat channel or via email communication.
15.4. There are no guaranteed response times associated with any support inquiries or issues raised by users.

16. ENTIRE AGREEMENT

16.1. This EULA constitutes the entire agreement between you and Postal Systems OÜ regarding the Software and supersedes any prior or contemporaneous understandings, agreements, or representations, whether written or oral.

17. DISCLAIMERS AND WARRANTIES

17.1. The Software is provided "AS IS" and "AS AVAILABLE", without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. Postal Systems OÜ does not warrant that the Software will be error-free, that access thereto will be uninterrupted, or that defects will be corrected.

18. INDEMNIFICATION

18.1. You agree to indemnify, defend, and hold harmless Postal Systems OÜ, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this EULA or any activity related to your use or misuse of the Software (including negligent or wrongful conduct).

19. FORCE MAJEURE

19.1. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this EULA if such delay or failure arises by any reason of any event beyond the reasonable control of a party, including acts of God, the elements, earthquakes, floods, fires, epidemics, riots, failures or delays in transportation or communications, or any act or failure to act by the other party or such other party’s officers, employees, agents, or contractors. The parties will promptly inform and consult with each other as to any of the above causes which, in their judgment, may or could be the cause of a delay in the performance of this EULA.