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Software License Agreement

This is a legal agreement between you and One Click Systems. It covers your possession and use of ClickMail software. Please read this agreement before using the software. BY DOWNLOADING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SOFTWARE.

The ClickMail software and accompanying software and documentation are copyrighted (©1998-99 One Click Systems). Ownership of the software is not transferred to you. You are licensed to install and execute the software on one computer only. You may make backup copies as needed, as long as the software is only executed on one computer. You may use the software on a different computer if you remove it from the original computer. You are licensed to use the software version (Basic or XL) indicated on your purchase invoice. If evaluating, you may only use the software for 30 days as indicated by the displayed expiration date.

You may not rent or lease the software, nor may you modify, adapt, translate, reverse engineer, decompile, or disassemble the software. If you violate any part of this agreement, your right to use this software terminates automatically and you must return the software and destroy all copies of it your possession.

The software and related documentation are provided "AS IS" and without warranty of any kind. One Click Systems expressly disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall One Click Systems be liable for any incidental, special or consequential damages that result from the use or inability to use the software or related documentation, even if One Click Systems has been advised of the possibility of such damages. In no event shall One Click Systems' liability exceed the license fee paid, if any.

This Agreement shall be governed by the laws of the State of Oregon. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

The software and documentation is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Manufacturer is Gracion Software, 1257 Tolman Creek Road, Ashland, OR 97520.

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