MailBounce License and Legal Information

(Applies to all releases)

Important Note Regarding MailBounce and SmartBounce:

The bounce-management application known as "SmartBounce," developed by Orion Software, Ltd., of Columbia, Maryland, and distributed from 1997 to 2000, has undergone changes in ownership, positioning, and licensing. This document describes the ownership and licensing changes, and provides a revised license agreement. For information on product positioning changes, refer to the Product Positioning Changes document.

In February 2000, the assets of Orion Softwaer, Ltd., including code base for SmartBounce, were purchased by Return Path, Inc., a Delaware corporation headquartered in New York City.

Under the terms of the sale, the original developer retained the rights to continue to upgrade, market, and distribute the application, in a non-competitive manner. Orion Software was subsequently incorporated in Maryland (USA) as Smart Mail Solutions, Inc. The product "SmartBounce" has been renamed and re-released as "MailBounce," and will continue to be maintained, marketed, and distributed by Smart Mail Solutions, Inc., under that product name.

All subsequent license assigns in this licensing agreement are pursuant and subordinate to the licensing agreement between the MailBounce developer and Return Path, Inc. All parties retain their rights and respective claims to the software; this licensing agreement does not supersede, alter, or replace those rights, either in whole or in part.

Copyright Protection:

MailBounce Lite, MailBounce Pro, MailBounce Pro PLUS, and the MailBounce Setup Assistant (collectively and individually referred to as "MailBounce" and/or "MailBounce software") are protected by U.S. and international copyright law against unauthorized redistribution and duplication. The MailBounce software may not, under any circumstances, be reverse-engineered, amended or changed, or re-distributed by any organization that produces or markets any software or other products for resale, without the express written consent of Smart Mail Solutions, Inc., Columbia, Maryland, USA. Other requirements may also apply, pursuant to Smart Mail Solutions's licensing agreement with Return Path, Inc., depending upon the nature of the sub-licensing or redistribution request. Contact Smart Mail Solutions, Inc., for details.

MailBounce End-User License (EUL):

Smart Mail Solutions, Inc., grants to the user a nonexclusive license to use MailBounce software solely for the user's own personal or internal business purposes. The user may not commercially distribute, sub-license, resell, or otherwise transfer for any consideration, or reproduce for any such purposes, the MailBounce software or any modification or derivation thereof, either alone or in conjunction with any other product or program, except as provided for below.

Limitation of Liability:

LIMITATION OF LIABILITY: SMART MAIL SOLUTIONS, INC., RETURN PATH, INC., AND THEIR RESPECTIVE LICENSORS AND ASSIGNS ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. This software is not provided with any warranty of suitability for any specific application. All use is at the discretion and risk of the user.

Macintosh, Power Macintosh, Mac OS, Mac OS X, Mac OS X Server, and Darwin are registered trademarks of Apple Computer, Inc.

Outlook Express, Entourage, Microsoft Office, and Microsoft Windows are registered trademarks of the Microsoft Corporation.

Eudora is a registered trademark of QUALCOMM Incorporated.

Lyris is a registered trademark of Lyris Technologies, Inc.

LISTSERV is a registered trademark of L-Soft International.

All other trademarks and service marks are the properties of their respective owners. Trademarked names or products referenced within the MailBounce documentation are used without the express permission of the respective trademark owners. Reference to specific products or vendors does imply an endorsement of those products or vendors, nor does it imply an endorsement of MailBounce by those vendors.

If you have any questions regarding any aspect of copyright, license, or limitation of liability expressed herein, please contact Smart Mail Solutions at "mailbounce-license@web.smartmailsolutions.com."

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