End User License Agreement for BI/GO Software's MailCheck

The MailCheck software ("Software") is provided to you free of charge, "AS IS," subject to the terms and conditions of this License Agreement (the "Agreement") by BI/GO Software ("BIS").  Please read this Agreement in full before using the Service.  ONLY INDIVIDUALS WHO HAVE AGREED TO THE TERMS OF THIS AGREEMENT MAY USE THE SOFTWARE.

BY RUNNING THIS SOFTWARE, YOU WARRANT THAT YOU ARE EIGHTEEN YEARS OR OLDER AND AGREE TO USE THE SOFTWARE AS PROVIDED IN THIS AGREEMENT.  

1. Limited License.  BIS grants you a limited, non-exclusive license to use the Software for your own individual use.  

2.  Restrictions on Use.  You may not redistribute the Software.  You may not modify, reverse engineer, decompile or disassemble the Software.  You may not adapt, alter, modify, translate, or create derivative works of the Software without the express written authorization of BIS.  Finally, you may not authorize or assist any third party to do any of the things described in this paragraph.

3. Your Representations.  You represent and warrant that you will use the Software only for lawful purposes and in accordance with this Agreement, and that you will not use the Software to violate any law, regulation or ordinance or any right of BIS or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark.

4. Termination.  Should you breach this Agreement, your right to use the Software shall terminate immediately and without notice.  You may also terminate this Agreement by simply discontinuing use of the Software.  In the event of any termination of this Agreement, the restrictions on your use of the Software as set forth in Paragraph 2 ("Restrictions on Use") shall survive such termination, and you agree to be bound by those terms.

5. No support by BIS.  You understand that you use the Software at your own risk and that BIS provides no assistance other than the information posted on the BIS Web site located at http://www.bigosoft.com/.  BIS and its officers, directors, employees and agents are not responsible for your use of the Software. 

4. Disclaimer of Warranty.  THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SOFTWARE IS (A) FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D) ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E) YEAR 2000 COMPLIANT, (F) MERCHANTABLE, (G) FIT FOR A PARTICULAR PURPOSE OR (H) NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  BIS'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SOFTWARE SHALL BE THE REPLACEMENT OF ANY SOFTWARE FOUND TO BE DEFECTIVE.  

5. Limitation of Liability.  NEITHER BIS, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BIS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

17. Construction.  If any part of the Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect.  The laws of the Commonwealth of Pennsylvania, excluding its conflicts-of-law rules, govern this Agreement, and you expressly agree that jurisdiction for any claim or dispute arising from the use of the Service or Software resides in the federal and state courts of the Commonwealth of Pennsylvania.