Terms of trial of a demonstration software program

ADDONMAIL develops, adapts, distributes and maintains software. ADDONMAIL owns the Software Program described in the special terms (the Software) or has been authorized by the company which publishes the Software (the Publisher) to license the Software from the www.addonmail.com website as provided in these terms.
This demonstration version, which appears only on the www.addonmail.com site, is designed to enable persons interested in a license of said Software to assess its qualities and functionalities, and in particular the fitness of the Software for their requirements.
This version may be downloaded without charge for a maximum period of thirty days. This offer is made only to professionals (the Customers, not individuals) having the expertise necessary for installation and use of the Software and willing to comply with this use authorization.

§1. Grant of a right of temporary trial: In consideration of the Customer's professional qualifications and declared expertise, ADDONMAIL grants the Customer a non-assignable non-exclusive personal right of trial of the Software on a single computer for a maximum period of thirty (30) days from acceptance of this authorization.
This authorization is personal and non-assignable. No sublicenses may be granted.

§2. Limits of the right of trial: The acts specified in §1 of these terms are the only acts which are authorized by ADDONMAIL and/or the Publisher of the Software.
Consequently, the Customer may be liable under Intellectual Property Code §§L.335-3 and L.716-9 and Criminal Code §§323-1 ff. for any use of the Software otherwise than as authorized in §1 of this authorization,
The Customer shall refrain, without limitation, from:
1. Using the Software on a computer other than the one referred to in §1 of this authorization..
2. Removing or altering any trademark or title and/or copyright notices which ADDONMAIL or the Publisher of the Software may affix to the programs, carriers or documents.
3. Translating, adapting or altering the Software in any way.
4. Assigning or selling to or placing at the disposal of a third party, even without charge and on any account, the Software programs, documents and magnetic carrier if any.
5. Making new copies of the Software.
6. Correcting a fault or error or having such a correction made without ADDONMAIL's prior written authorization.
7. Directly or through a third party decompiling the Software or translating its object code into source code except under the conditions and within the limits strictly specified by law.
8. In particular the Customer shall not decompile the Software to get the information necessary for interoperability of the Software with other software programs, without first asking ADDONMAIL in writing to supply it with such information.
9. Making new copies of the annexed documents.

§3. ADDONMAIL's Obligations
3.1 Delivery: The Software in object code form only shall be delivered only through the www.addonmail.com site to the Customer, with one copy of a set of documents in French and/or English, by the downloading method specified on the site.. The Customer will not have access to the sources.
The Customer shall install the Software on the computer referred to in §1, on its sole responsibility.
3.2. Warranty: Since the demonstration version is supplied for trial, ADDONMAIL shall have no liability on account of the free use of the Software; particularly, ADDONMAIL shall not be obligated to redress any indirect or consequential injury, resulting in particular from loss of profits, loss of data or business interruption, attributable to use of the Software.

§4. Infringement: ADDONMAIL shall indemnify the Customer against infringement actions relating to the Software.
ADDONMAIL shall consequently assume the expenses of litigation and the awards which may be made against the Customer, provided that such awards are based solely on an infringement action and the establishment of a patent or copyright infringement.
However, ADDONMAIL's indemnification obligation is subject to the following conditions:
- Prompt notice of every claim and/or action relative to the Software based on an intellectual property right, and/or
- Management by ADDONMAIL of the defense of its interests and those of the Customer, which shall cooperate in such defense in good faith by supplying ADDONMAIL with all information and assistance necessary for that purpose.
ADDONMAIL shall have no indemnification obligation:
- If the claim is based on use of the Software otherwise than in compliance with these terms.
- If the Customer modifies or alters the Software.

§5. Cancellation: If the Customer breaches its contractual obligations, ADDONMAIL may cancel this authorization instanter on return-receipted registered or other datable notice, without prejudice to its right of redress of all injury.
Within twenty-four hours of tender of such notice, the Customer shall destroy all copies of the Software or documents which it may have, on pain of the penalties specified in §2.

§6. Entire-contract clause: The right of trial is subject to compliance with these terms, the special terms, the above recitals and the terms of use of the www.addonmail.com site displayed on that site.
Those documents prevail over any prior proposals and exchanges of correspondence, and any other stipulations in the documents exchanged by the parties relative to the subject of these terms.
In event of conflict between these terms and the terms of use of the www.addonmail.com site, these terms shall prevail.
If one or more stipulations of these terms should be held to be invalid, the other stipulations shall remain in full effect unless they are disseverable from the invalid provision.

§7. Litigation - Governing law: Litigation between the parties relative to the formation, execution or interpretation of these terms shall be subject to the exclusive jurisdiction of the Commercial Court of Paris.

Prior to litigation, the parties shall endeavor to resolve their differences amicably.

These terms are governed by French law.