These license terms are an agreement between Klee Interactive Inc. and
you. Please read them. They apply to the GoodEmail add-in, connector or
other software application you download from the Office Store or acquire
from within the settings of an Office product (“App”), unless the App comes
with separate terms (“Third-Party License”). If so, the terms of the Third-
Party License will apply. This agreement also applies to any updates and
supplements for the App, unless other terms accompany those items. If so,
those terms apply.
BY DOWNLOADING, INSTALLING, OR USING THE APP, OR
ATTEMPTING TO DO ANY OF THESE, YOU HAVE ACCEPTED THESE
TERMS. IF YOU DO NOT INTEND TO ACCEPT THEM, YOU HAVE NO
RIGHT TO (AND MUST NOT) DOWNLOAD OR USE THE APP.
Except for the above, if the App enables access to any Internet-
based services, your use of those services will be subject to the
separately-provided terms of use.
In this agreement “Klee Interactive” means the entity licensing the
App to you, as identified in the Office Store or the App’s description.
If the App is licensed to you by Microsoft, then the Klee Interactive
is Microsoft (or based on where you live, one of its affiliates).
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS
You may install and use the
App on a Windows device or devices that are affiliated with the
Microsoft account that you use to access the Office Store or Office
product. You may not install or use a copy of the App on a device
you do not own or control.
2. INTERNET-BASED SERVICES
The Klee Interactive may provide
Internet-based services with the App. In addition to the following,
your use of those services is subject to the terms provided to you
by the Klee Interactive and/or your wireless carrier.
Consent for Internet-Based or Wireless Services.
The App
may connect to computer systems over an Internet-based and/or
wireless network. In some cases, you will not receive a separate
notice when they connect. Using the App operates as your consent
to the transmission of standard device information (including but
not limited to technical information about your device, system and
App software, and peripherals) for Internet-based and/or wireless
services.
Misuse of Internet-based Services.
You may not use any
Internet-based service in any way that could harm it or impair
anyone else’s use of it or the wireless network. You also may not
use any Internet-based service to try to gain unauthorized access
to any service, data, account, or network by any means.
3. SCOPE OF LICENSE
The App is licensed, not sold. This
agreement only gives you some rights to use the App. The Klee
Interactive reserves all other rights. Unless the law gives you more
rights despite this limitation, you may use the App only as
expressly permitted in this agreement. In doing so, you must
comply with any technical limitations in the App that only allow you
to use it in certain ways. You may not:
• work around any technical limitations in the App;
• reverse engineer, decompile, or disassemble the App, except and only to the extent that the law expressly
permits, despite this limitation;
• make more copies of the App than specified in this agreement or allowed by the law, despite this limitation;
• publish or otherwise make the App available for others to copy; or rent, lease or lend the App.
4. DOCUMENTATION
If documentation is provided with the App,
you may copy and use the documentation solely for your reference
purposes.
5. TECHNOLOGY AND EXPORT RESTRICTIONS
The App may be
subject to United States or international technology control or
export laws and regulations. You must comply with all domestic
and international laws and regulations that apply to the technology
used, employed or supported by the App. These laws include
restrictions on destinations, end users and end use. For information
on how these laws and regulations apply to Microsoft-branded
products, see www.microsoft.com/exporting
6. SUPPORT SERVICES
The App is provided “as is.” Contact the
Klee Interactive to determine if any support services are available.
Microsoft, your device manufacturer, and your wireless carrier are
not obligated under this agreement to provide support services for
the App. Contact the Klee Interactive to determine what (if any)
support services are available.
7. ENTIRE AGREEMENT
This agreement, and the terms for
supplements and updates are the entire agreement for the App. If
Microsoft is the Klee Interactive, this section cannot be construed
to change the terms of your relationship with Microsoft regarding
Microsoft Office, the Office Store, or any other Microsoft product or
service (which is governed by the software license terms that
accompanied, or terms of use that are associated with, the
applicable product or service).
8. APPLICABLE LAW
• United States. If you acquired the App in the United States, Washington state law governs this
agreement, regardless of conflict of laws
principles. The laws of the state where you live
govern all other claims, including claims under
state consumer protection laws, unfair competition
laws, and in tort.
• Outside the United States. If you acquired the App in any other country, the laws of that country
apply.
9. LEGAL EFFECT
This agreement describes certain legal rights. You
may have other rights under the laws of the state or country where
you reside. This agreement does not change your rights under the
laws of the state or country where you reside if such laws do not
permit it to do so.
10. DISCLAIMER OF WARRANTY
THE APP IS LICENSED "AS-
IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR
ALL RISK OF USING IT. THE KLEE INTERACTIVE, ON BEHALF
OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE
NETWORK THE APP IS DISTRIBUTED, AND ITS AND THEIR
RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND
SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS
WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN
RELATION TO THE APP. YOU MAY HAVE ADDITIONAL
CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS
AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED
UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY
IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND
DAMAGES
TO THE EXTENT NOT PROHIBITED BY LAW, YOU
CAN RECOVER FROM THE KLEE INTERACTIVE ONLY DIRECT
DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APP. YOU
AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES,
INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES FROM ANY
DISTRIBUTOR.
This limitation applies to
• anything related to the App, services made available through the App, or content (including
code) on third-party Internet sites; and
• claims for breach of contract; breach of warranty, guarantee or condition; or strict liability,
negligence, or other tort to the extent permitted
by applicable law.
It also applies even if
• repair, replacement, or a refund for the App does not fully compensate you for any losses; or
• Distributor knew or should have known about the possibility of the damages.
