Newsletter software and bulk email software SuperMailer

License Terms for Using and Distributing the Software SuperMailer

The program is legally protected by copyright and trade laws of the country where it is published, reproduced, or used. Mirko Böer Softwareentwicklungen, Malachitstraße 16, 04319 Leipzig, Germany, hereinafter referred to as 'Licensor,' owns all rights to the program (software) and allows its use only if the user acknowledges and complies with the following license terms. This creates the following license agreement between the licensee and the licensor:

1. Installation The licensor expressly points out that data backups should be performed before installing any new software on your system to prevent potential data loss. This precautionary measure should also be taken when installing this software. If your data has not yet been backed up, we strongly advise you to abort the installation immediately, back up your data, and restart the installation afterward. Additionally, it is recommended to perform regular data backups.

2. Warranty / Liability The licensor does not guarantee error-free functionality of the program. The licensor guarantees that the program's readability on a data carrier at the time of delivery is flawless, as long as the licensee uses the program under normal operating conditions and adheres to standard maintenance measures of the data processing system. The licensor assumes no liability for the program's error-free operation, particularly whether it meets the purchaser's requirements and purposes or cooperates with other programs selected by the purchaser. The licensor is liable without limitation for damage caused intentionally and/or by gross negligence. The licensor is also liable without limitation for all damages caused by the absence of a guaranteed property. In the case of slight negligence, the licensor is liable without limitation for personal injury related to performance delays, impossibility of performance, or the violation of cardinal obligations. For property and financial damages reasonably foreseeable at the time of contract conclusion, the liability is limited to double the purchase price (license fee, registration fee), regardless of whether the claims arise from contract law, compensation for damages, or other liability claims. If the licensor is in default at the time of impossibility, they are liable without limitation for damages incurred due to the impossibility; however, not if the damage would have occurred even if the performance had been timely. In all other cases, liability is excluded. Liability under the Product Liability Act remains unaffected.

3. Scope of Use The software is copyrighted in favor of the licensor. The rights to publish, reproduce, edit, and exploit the software are solely held by the licensor. All copyright notices and other markings in the software, such as registration numbers and notices of the licensor, may not be removed. The introduction of the software into other software of any kind is prohibited.

   a. Different Conditions for the Freeware Version of the Software: The Freeware Version can be identified by the message "SuperMailer Free Version" displayed at program start. This window must be confirmed at each program start before the software can be used. The program is released as-is and may only be used in its present form under the following restrictions: The software may be copied, published, and distributed in unmodified form as provided by the licensor, as long as no fees are charged for the use, distribution, publication, dissemination, and/or copying. The free usage period of the software is unlimited for private and commercial use. The licensor points out that the software in its current freeware version may also be freely distributed, disseminated, and copied by any hardware and software manufacturers or dealers, including shareware distributors, CD-ROM manufacturers, and magazine publishers for inclusion on cover CDs, as well as any providers of software/hardware and services, as long as no amounts exceeding the usual fees for freeware/shareware programs and collections are charged. Third parties must be informed that the software is a freeware program upon publication. Any paid distribution, dissemination, or copying of the program is expressly prohibited.

   b. Different Conditions for the Licensed Version: The licensed version can be identified by the entry "Registered for..." displayed at program start and/or in the start window or info window of the software. During the use of the software, the placeholder "..." is replaced with the reference to the respective licensee. The licensor grants the licensee a simple, non-exclusive, and personal right to use the software on a single personal computer and only at one location for the duration of the present agreement. Any further use is not permitted. The licensee is particularly prohibited from passing the software or individual program parts to third parties or making them accessible to third parties in any other way, especially in the form of lending or leasing; transferring the software from one computer to another over a network or data transmission channel; modifying, translating, reverse engineering, decompiling, or disassembling the software; or creating derivative works. By purchasing the program, the licensee only acquires ownership of a physical data carrier, unless the license material is provided via data transmission. In both transfer options, no more extensive rights than those mentioned are acquired. The creation of a (single) backup copy is only permitted for backup purposes, provided the software was delivered on a data carrier.

4. Duration of the Agreement The agreement is concluded for an indefinite period. Any violation of the license terms by the licensee revokes the right to use without the need for termination by the licensor.

5. Compensation for Breach of Contract The licensee is liable for all financial damages that the licensor incurs due to copyright infringement or a breach of these contract terms.

6. Changes and Updates The licensor is entitled to update the software at its discretion. The licensor is not obligated to provide updates to the licensee. Any updates to the software are always free of charge. The licensee will be informed about product innovations by email if a valid email address was provided during the software's licensing. The licensee can freely decide whether to download and install the update at their own expense.

7. Product Names and Trademarks All product names and registered trademarks used in this text, the documentation, and the software are hereby acknowledged as the property of their owners, regardless of whether they are marked as such or not.

8. Miscellaneous It is not permitted to use SuperMailer for sending so-called SPAM mails (unsolicited emails). This type of email delivery can be prosecuted. We have compiled some examples of SPAM on this page as a deterrent.

Leipzig, January 2005