End User License Agreement

This End User License Agreement (the "Agreement") is a binding legal agreement b
etween you and Hex (the "Author"). By installing or using Sendy (the "Software")
, you agree to be bound by the terms of this Agreement. If you do not agree to t
he Agreement, do not download, install, or use the Software. Installation or use
of the Software signifies that you have read, understood, and agreed to be boun
d by the Agreement.
Usage
This Agreement grants a non-exclusive, non-transferable license to install and u
se the Software on a single Website. Additional Software licenses must be purcha
sed in order to install and use the Software on additional Websites. The Author
reserves the right to determine whether use of the Software qualifies under this
Agreement. The Author owns all rights, title and interest to the Software (incl
uding all intellectual property rights) and reserves all rights to the Software
that are not expressly granted in this Agreement.
Backups
You may make copies of the Software 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 the Author.
Restrictions
You understand and agree that you shall only use the Software in a manner that c
omplies with any and all applicable laws in the jurisdictions in which you use t
he Software. Your use shall be in accordance with applicable restrictions concer
ning privacy and intellectual property rights.
You may not:
Distribute derivative works based on the Software;
Reproduce the Software except as described in this Agreement;
Sell, assign, license, disclose, distribute, or otherwise transfer or make avail
able the Software or its Source Code, in whole or in part, in any form to any th
ird parties;
Remove or alter any proprietary notices on the Software.
THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESSED OR
IMPLIED, IS GIVEN. THE AUTHOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, W
HETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU A
SSUME 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 INTERRUPT
ION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENES
S OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
Term, Termination, and Modification.
You may use the Software under this Agreement until either party terminates this
Agreement as set forth in this paragraph. Either party may terminate the Agreem
ent at any time, upon written notice to the other party. Upon termination, all l
icenses granted to you will terminate, and you will immediately uninstall and ce
ase all use of the Software. The Sections entitled "No Warranty," "Indemnificati
on," and "Limitation of Liability" will survive any termination of this Agreemen
t.

The Author may modify the Software and this Agreement with notice to you either
in email or by publishing content on the Software website, including but not lim
ited to changing the functionality or appearance of the Software, and such modif
ication will become binding on you unless you terminate this Agreement.
Indemnification.
By accepting the Agreement, you agree to indemnify and otherwise hold harmless t
he Author, its officers, employers, agents, subsidiaries, affiliates and other p
artners from any direct, indirect, incidental, special, consequential or exempla
ry damages arising out of, relating to, or resulting from your use of the Softwa
re or any other matter relating to the Software.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AUTHOR SHALL NOT BE LIABLE FOR ANY D
IRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUD
ING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHE
R INTANGIBLE LOSSES (EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF S
UCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SO
ME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE AUTHORS'S
TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO THE AUTHOR UNDER THIS AGRE
EMENT IN THE MOST RECENT TWELVE-MONTH PERIOD.
Definitions
Definition of Website
A "Website" is defined as a single domain including sub-domains that operate as
a single entity. What constitutes a single entity shall be at the sole discretio
n of the Author.
Definition of Source Code
The "Source Code" is defined as the contents of all HTML, CSS, JavaScript, and P
HP files provided with the Software and includes all related image files and dat
abase schemas.
Definition of an Update
An "Update" of the Software is defined as that which adds minor functionality en
hancements or any bug fix to the current version. This class of release is ident
ified 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 discret
ion of the Author.
Definition of an Upgrade
An "Upgrade" is a major release of the Software and is defined as that which inc
orporates major new features or enhancement that increase the core functionality
of the software. This class of release is identified by the change of the revis
ion 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 discret
ion of the Author.