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MDaemon Email Appliance Terms & Conditions

This Agreement contains the terms and conditions that apply to your purchase from Alt-N Technologies, Ltd. ("Alt-N") that will be provided to you ("Customer") on orders for Alt-N products and/or services and support ("Products"). By accepting delivery of the Alt-N products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. If you do not wish to be bound by this Agreement, you must notify Alt-N immediately and return your purchase pursuant to Alt-N's return policy below. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH ALT-N, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER ALT-N STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, at Alt-N's sole discretion.

Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Alt-N.
Purchase Price; Shipping Charges; Taxes. Customer shall pay the total purchase price plus shipping and handling, if any, as specified on the online or emailed invoice. Separate charges for shipping and handling will be shown on Alt-N's invoices. Unless Customer provides Alt-N with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Alt-N's acceptance of the order, Customer shall be responsible for all sales and use taxes. Customer shall be responsible for all withholding taxes, value added taxes, import and taxes and any other similar taxes imposed by any federal, state, provincial or local governmental entity or any other governmental entity on the purchase of Alt-N's products and services, excluding taxes based on Alt-N's net income.
Payment Terms; Orders; Quotes; Interest. Terms of payment are within Alt-N's sole discretion, and unless otherwise agreed to by Alt-N, payment must be received by Alt-N in accordance with the terms on the invoice, measured from the date of the invoice. Payment for the products and services and support will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Alt-N. Alt-N may invoice parts of an order separately. Orders are not binding upon Alt-N until accepted by Alt-N. Orders are subject to cancellation by Alt-N at Alt-N's sole discretion. Any quotations given by Alt-N will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Title; Risk of Loss. Title to hardware passes from Alt-N to Customer on shipment from Alt-N's facility. Loss or damage that occurs during shipping by a carrier is Customer's responsibility. If the shipment is damaged and Customer does not refuse shipment or inform carrier of damage at the time of delivery, replacement will be at Customer's expense. Customer must notify Alt-N within 2 days of the date of delivery if any part is missing, wrong or damaged. The software installed on the hardware is licensed, not sold to Customer. Title to software remains with the applicable licensor(s).
Support.
1. Alt-N hardware appliances are sold with Support Agreements for each of the installed Alt-N software products. Support Agreements, as they relate to Alt-N hardware appliance solutions, are valid for an initial term of one year, and are thereafter renewable on an annual basis. All software Support Agreements must be renewed and active in order to receive appliance support from Alt-N.
2. b. Support for Original Equipment Manufacturer ("OEM") hardware and software is based on the Terms and Conditions, Warranty, and Policies set forth by the Original Equipment Manufacturer (OEM). Details and additional information can be obtained by visiting these OEM sites: http://www.dell.com/terms and http://www.microsoft.com/about/legal/useterms/
3. Alt-N phone and email support is available Monday through Friday, 8:30 am to 5:30 pm Central Standard Time - excluding weekends and observed U.S. Holidays. Support availability may occasionally vary from stated hours due to downtime for systems and server maintenance, company events, and circumstances beyond the control of Alt-N. Phone support requests will be handled in the order in which they are received. Agreement-based email support requests will be processed within one (1) business day.
4. Support Agreements will be directly associated to the Alt-N software product ("Product") license key. Customer will be required to provide the Product license key and/or Support Agreement ID prior to receiving support.
5. Support Restrictions. Service and support will be provided to Customer in accordance with the terms indicated in this document and on Alt-N's website. Alt-N has no obligation to provide service or support until Alt-N has received full payment for the Support Agreement(s) for each Alt-N installed product on the hardware appliance. Terms, conditions, support features, procedures, pricing and support availability for future periods are subject to change at any time without notice and are available on Alt-N's website. Support availability for a particular Product version is subject to change at any time without notice. Alt-N may limit or terminate support service to, or may elect not to renew additional support if Customer uses the service in an irregular, excessive, abusive or fraudulent manner or uses Product(s) with third party software that is determined at Alt-N's sole discretion to be incompatible. Examples of such use include a high number of support requests that concern previously resolved issues and/or general usability, repeated posing of questions to which the answer is readily found in Product documentation, and discussion of issues that are not related to technical support. Coverage is non-transferable and is valid for the Customer only. Resale or transfer of support plans is strictly prohibited, and will be grounds for termination or non-renewal of support.
6. Alt-N is not responsible for any lost or corrupted software or data. Alt-N strongly recommends that Customer maintain a complete data backup and disaster recovery plan.
Restrictions on Use. All software is provided subject to license agreements that are available on Alt-N website and included in the products. Customer agrees that it will be bound by the license agreement. Customer may use the pre-installed software exclusively on the product on which the software has been installed. Customer is allowed to make one copy of the software in machine-readable form for backup purposes only, provided that such backup copy must include all copyright and other proprietary information and notices contained on the original. Customer acknowledges and agrees that the pre-installed software is copyrighted and contains materials that are protected by copyright, trademark, trade secret and other laws and international treaty provisions relating to proprietary rights. Customer may not remove, deface or obscure any of proprietary rights notices on or in the software or on output generated by the software. Except as permitted by applicable law and this License, Customer may not copy, decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, assign, transfer, or create derivative works from the Software. Customer's rights under this License will terminate automatically without notice for failure to comply with any term(s) of this License. Customer acknowledges and agrees that any unauthorized use, transfer, sublicensing or disclosure of the software may cause irreparable injury to Alt-N or its suppliers, and under such circumstances, Alt-N or its suppliers shall be entitled to equitable relief, without posting bond or other security, including but not limited to, preliminary and permanent injunctive relief.
Collection of Customer Data. Customer agrees to allow Alt-N to collect information ("Statistics") from their Alt-N products in order to fight spam, virus, and other threats as well as optimize and monitor the product. Information will be collected electronically and automatically. "Statistics" include, but are not limited to, the number of messages processed, the number of messages that are categorized as spam, the number of virus and types, IP addresses of the largest spam senders, the number of emails classified for Bayesian analysis, and other statistics. Customer data will be kept private and will only be reported in aggregate by Alt-N.
Permission to Use Logo. Customer grants permission to Alt-N to use Customer's name and logo on the Alt-N website, or any other marketing material when referring to Customer. Customer will retain all title and rights to such logos.
Warranties. ALT-N MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN ALT-N'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND ALT-N WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON ALT-N'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. ALT-N DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALT-N'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT OF HARDWARE. Alt-N reserves the right to modify its warranty retroactively at any time, at its sole discretion.
Return Policies. Alt-N may change this policy without prior written notice at any time, at Alt-N's sole discretion. Please refer to Alt-N's website for a current return policy. Customer may return product to Alt-N's facility in its entirety, undamaged, within 30 days of receipt for a refund. A 15% restocking fee will be charged on to all returns. Original shipping and handling fees will not be refundable. Customer must contact Alt-N before returning the product to obtain a Return Material Authorization Number to include with the returned product. Upon authorization of return, a Letter of Destruction (LOD) for software and/or a Letter of Cancellation (LOC) for support agreements will be emailed to you for completion. We will process your return once the LOD/LOC is returned to us. Please allow up to 5 business days for processing. Customer is responsible for risk of loss, shipping and handling fees for returning or exchanging product. Alt-N is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale if the return or exchange instructions provided by Alt-N were not followed. Credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. Before shipping the product(s), make sure to back up the data on the hard drive(s) and any other storage device(s) in the product(s). Remove any confidential, proprietary, or personal information and removable media such as floppy disks, CDs, or DVDs. Alt-N is not responsible for any confidential, proprietary, or personal information; lost or corrupted data; or damaged or lost removable media.
Products. Alt-N's policy is one of on-going product update and revision. Alt-N may revise and discontinue products at any time. Alt-N will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. Parts may be new or refurbished. Spare parts may be new or refurbished.
Limitation of Liability. ALT-N DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. ALT-N WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND SUPPORT CUSTOMER PURCHASES UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, ALT-N IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS AGREEMENT, ALT-N IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SERVICES UNDER THIS AGREEMENT. ALT-N DOES NOT WARRANT THAT THE PRODUCTS OR ANY NETWORKS OR SYSTEMS PROTECTED BY THE PRODUCT WILL BE FREE FROM VULNERABILITY, INTRUSION, ATTACK, OR OTHER DAMAGE.
Not For Resale. Customer agrees and represents that it is buying for its own internal use only and not for resale unless Customer is a legal and authorized reseller of Alt-N as demonstrable by a contract executed by both parties stating Customer is a Reseller or Distributor. Customer agrees and understands that the License for the software included in the Products is non-transferable and may not be sold or transferred in any way except by an authorized reseller or partner.
Export. The products provided for under this agreement may not be exported, re-exported, or permit exportation into any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Denial Orders. By acceptance of this agreement, Customer agrees to the foregoing and represents that Customer is not located in, under the control of, or a national or resident of any such country or on any such list. Customer will not export, re-export, divert, transfer or disclose, directly or indirectly, the software, hardware or any technical information and materials supplied under this agreement without complying strictly with the export control laws and all legal requirements in the relevant jurisdiction, including without limitation, obtaining the prior approval of the U.S. Department of Commerce.
Governing Law. This Agreement shall be governed by the laws of the State of Texas. For the purpose of resolving conflicts related to or arising out of this Agreement, the parties expressly agree that venue shall be in the State of Texas only, and, in addition, the parties hereby expressly consent to the exclusive jurisdiction of the federal and state courts in the State of Texas.
Dispute Resolution. The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against Alt-N, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Alt-N" ) arising out of or relating to this Agreement, Alt-N advertising, or any related purchase (a "Dispute" ) through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before three (3) independent and impartial arbitrators. Alt-N will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall take place in Texas. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in the county of Tarrant would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.
Waiver. The failure of either party to enforce at any time or for any period of time the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.
Severability. If any term or condition is held void or unenforceable, it shall be severed, and every other provision shall be enforced as if the void or unenforceable term or condition had never been a part hereof. The parties agree the court is entitled to read the otherwise invalid provision as narrowly as is necessary to make it valid and enforceable. Both parties hereby agree such scope may be judicially modified accordingly in any enforcement proceeding. Both parties agree that the covenants contained herein are necessary for protection of legitimate business interests and are reasonable in scope and content.