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Subscriber License Terms

If these Subscriber License Terms have been translated from English, such translation has been provided for your convenience only. Your agreement with BoxSentry is governed by the English language version of the Subscriber License Terms. If there is any inconsistency between the English language version and a translated version of the Subscriber License Terms, the English language version shall prevail.

1.
License
1.1
License Terms
a)
 Inconsideration for the payments made hereunder, BoxSentry hereby grants you a non-exclusive, non-transferable, worldwide license to use the Solution, solely for your own internal business purposes, subject to the terms and conditions of these License Terms. All rights not expressly granted to you are reserved by BoxSentry (and its licensors).
 
1.2
 Accepting License Terms
a)
You must accept the Subscriber License Terms in order to use the Solution.
b)
 b) You may accept these Subscriber License Terms by:
i) clicking ‘I accept’ or ‘yes’ where this option is made available to you by BoxSentry in the user interface for any Solution; or
ii) submitting an Order Form to BoxSentry for the Solution or any one of them; or
iii) actually using the Solution.
c)
You may not use the Solution and may not accept the Subscriber License Terms if (a) you lack capacity to form a binding contract with BoxSentry, either by reason of age or mental incapacity or otherwise, or (b) you are otherwise barred you from receiving the Solution under the laws of Singapore or the country in which you are resident or from which you use the Solution.
   
1.3
 Additional Terms
a)
 a) Unless otherwise agreed, your agreement with BoxSentry will always include, at a minimum, these Subscriber License Terms.
b)
 Your agreement with BoxSentry may include additional terms, as agreed between you and BoxSentry. These additional terms, together with the Subscriber License Terms, shall form your agreement with BoxSentry.
c)
If there is any contradiction between the additional terms and the Subscriber License Terms, the additional terms shall prevail.
   
1.4
 Restrictions on use
a)
 You shall not (a) (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Solution or the documentation relating thereto in any way; (ii) modify or make derivative works based upon the Solution or the documentation relating thereto; (iii) create Internet “links” to the Solution or “frame” or “mirror” any documentation relating thereto on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Solution in order to (a) build a competitive product or Solution, (b) build a product using similar ideas, features, functions or graphics of the Solution, (c) copy any ideas, features, functions or graphics of the Solution, or (d) access the Solution for the purpose of monitoring or benchmarking its availability, performance or functionality.
b)
 User mailboxes cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Solution.
c)
 You may use the Solution for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) interfere with or disrupt the integrity or performance of the Solution or the data contained therein or disobey any requirements or regulations of the networks connected to the Solution; (iii) attempt to gain unauthorized access to the Solution or its related systems or networks; (iv) intentionally or unintentionally violate any applicable local, provincial, state, national or international law regarding the transmission of data exported from the country in which you reside; (v) take any action that imposes an unreasonable or disproportionately large load on the Solution, BoxSentry or its licensors; (vi) send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy or intellectual property rights; or (viii) “stalk”, harass, threaten, abuse, embarrass or cause distress, unwanted attention or discomfort to any person or entity.


2.
Solution
a)
In order to fulfil its obligations in managing the Solution, BoxSentry may at any time amend the Solution and any documentation relating thereto for any reason whatsoever and without prior notice to you. BoxSentry may from time to time make available additional features and/or functionalities to a Solution which you may, but are not required to, add to a Solution at an additional cost (“Cost Feature”).


3.
Your use of Solution
3.1
Your obligations
a)
 The technical, system and software requirements for accessing and using the Solution are specified in any web-sites and instruction manuals of BoxSentry and any third party providers of software. You are responsible for providing and meeting these requirements, and obtaining, configuring and setting up any software and equipment needed to access and use the Solution. You shall pay and bear all costs of third party suppliers in relation to such equipment and comply, at your own expense, with any recommendations and guidelines issued by BoxSentry with respect to the Solution, including any adjustments or replacements required in respect of collateral or ancillary equipment or software.
b)
You must give notice to BoxSentry if the number of concurrent mailboxes on which the Solution is provided will increase by more than twenty (20) percent not less than thirty (30) days before the proposed increase.
c)
You must and you warrant that you have obtained any and all necessary licenses for commercial and non-commercial use of software/services other than those provided by BoxSentry including but not limited to software and data feed licenses.
   
3.2
 Content
a)
 You understand that all information, data, text, software, music, sound, graphics, video, messages or other material (‘Content’) transmitted via the Solution is the responsibly of the person from whom such Content originated.
b)
 In respect of your Content, you agree that you are solely responsible for (and that BoxSentry has no responsibility to you or to any third party for) any Content that you create, send, post, E-mail, transmit, display or otherwise make available (collectively “send”) while using the Solution and for the consequences of your actions (including any loss or damage which BoxSentry may suffer) by doing so.
c)
 In respect of other Content, you acknowledge that BoxSentry does not control the Content made available via the Solution and as such, does not guarantee the accuracy, integrity, quality or appropriateness of such Content. By using the Solution, you may be exposed to Content that you find offensive, indecent or objectionable, including spam, or which may contain viruses or other destructive elements and that in this respect, you use the Solution at your own risk.
d)
Some Content transmitted via the Solution may be subject to third party intellectual property rights. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been expressly authorised by the owner of the Content or BoxSentry, in a separate License Terms.
e)
 You are solely responsible for all transactions that you enter into with third parties, including payment for goods.
f)
 You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Solution, including those related to data privacy, international communications and the transmission of technical or personal data. You agree to indemnify BoxSentry against any losses, costs and expenses that BoxSentry may incur as a result of your or your User’s breach of this Section.
g)
 You shall: (i) notify BoxSentry immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to BoxSentry immediately and use reasonable efforts to stop immediately any copying or distribution of Documentation relating thereto that is known or suspected by you or your Users; and (iii) not impersonate another User or provide false identity information to gain access to or use the Solution.
   
3.3
 Your account and Content
a)
 You must provide true, accurate, current and complete information to BoxSentry and keep such information updated.
b)
 You agree to the use of your Content in accordance with BoxSentry’s privacy policies.


4.
Proprietary Rights
a)
 BoxSentry alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the RealMail™ Technology, the Solution, any documentation related to the Solution (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and provided to or accessed by you and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Solution. These Subscriber License Terms is not a sale and does not convey to you any rights of ownership in or related to the Solution, RealMail Technology or the Intellectual Property Rights owned by BoxSentry or its licensors.
b)
 You further acknowledge that the Solution may contain information which is designated confidential by BoxSentry and that you shall not disclose such information without BoxSentry’s prior written consent or otherwise as required by law.
c)
 Unless you have agreed otherwise in writing with BoxSentry, BoxSentry name, BoxSentry logos, and the product names associated with the Solution are trademarks of BoxSentry, and no right or license is granted to use them.
d)
 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Solution.
e)
 Other than the limited license set forth in Section 5, BoxSentry acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Subscriber License Terms in or to any Content that you submit, post, transmit or display on, or through, the Solution, including any Intellectual Property Rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with BoxSentry, you agree that you are responsible for protecting and enforcing those rights and that BoxSentry has no obligation to do so on your behalf.


5.
Your Content License
a)
 You retain copyright and any other Intellectual Property Rights you already hold in your Content which you send through the Solution. BoxSentry acknowledges that your Content may be confidential. However, for some of the Solution, BoxSentry may provide tools to filter out explicit sexual content and/or Spam, at your election.
b)
By sending your Content you give BoxSentry a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Headers of any Content which you send through the Solution, only. This licence is for the sole purpose of enabling BoxSentry to display, distribute and promote the Solution more effectively. All Content the subject of the Content license will be treated in accordance with BoxSentry’s privacy policy.
c)
You agree that this license includes a right for BoxSentry to make such Content available to other companies, organizations or individuals with whom BoxSentry has relationships for the provision of syndicated or collaborative Solution, and to use such Content in connection with the provision of those Solutions.
d)
 You agree that the Content license provided by this clause permits BoxSentry to (I) transmit or distribute your Content over various public networks and in various media; (ii) conform and adapt that Content to allow transmission; and (iii) make such changes to your Content, including encryption, as are necessary to comply with applicable privacy legislation.
e)
 You confirm and warrant to BoxSentry that you have all the rights, power and authority necessary to grant the above license.


6.
Fees
6.1
Your obligations
You shall pay all fees and charges for the Solution as shown on BoxSentry’s invoice or if no charges are shown, then at BoxSentry’s then current standard rates. Fees for other Solution will be charged on an as-quoted basis. You are responsible for paying for all User mailboxes ordered for the entire Term, whether or not such User mailboxes are actively used. The initial fees for the Solution shall be calculated based on the number of Users and domains indicated on the Order Form. Thereafter, fees will be adjusted to take into account any increase and/or change to number of Users and/or domains. All pricing terms are confidential, and you agree not to disclose them to any third party.
 
6.2
Change to fees
BoxSentry reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.
 
6.3
 Time to pay
You must pay for the Solution under the usual terms for payment allowed by BoxSentry and in default of any usual terms of payment, you must make payment within 30 days after first commencing to use the Solution.
 
6.4
 Non-cancellable, Non-refundable
All payment obligations are non-cancellable and non-refundable. You shall not be entitled by reason of any set-off, counter-claim, abatement or other similar deduction to withhold payment of any amounts due to BoxSentry.
 
6.5
 Taxes
The fees referred to in these Subscriber License Terms are exclusive of any value added and other applicable taxes. Such taxes will be added to the invoice for the Solution at the rate current at the date of the invoice.
 
6.6
Suspension for non-payment
In addition to any other rights granted to BoxSentry herein, BoxSentry reserves the right to suspend or terminate these Subscriber License Terms and your access to the Solution if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User mailboxes during any period of suspension. If you or BoxSentry initiates termination of these License Terms, you will be obligated to pay the balance due on your account computed in accordance with Clause 4 above. BoxSentry reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Solution. You agree and acknowledge that BoxSentry has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
 
6.7
Billing Information
You agree to provide BoxSentry with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, BoxSentry reserves the right to terminate your access to the Solution in addition to any other legal remedies.


7.
Termination
7.1
 Termination without cause
These Subscriber License Terms commences on the Effective Date and may be terminated at any time in BoxSentry’s sole discretion on giving thirty (30) days written notice to you. In the case of evaluations, notifications provided through the Solution indicating the remaining number of days in the evaluation period shall constitute notice of termination.
 
7.2
Termination for cause
Any breach of your payment obligations or unauthorized use of the RealMail Technology or Solution will be deemed a material breach of these License Terms. BoxSentry, in its sole discretion, may terminate your password, account or use of the Solution if you breach or otherwise fail to comply with these Subscriber License Terms effective immediately. In addition, BoxSentry may terminate a free account at any time in its sole discretion.
 
7.3
 Survival
The provisions of clauses 4,5,6,7,8,9,10 &11 shall survive termination.


8.
Disclaimer of Warranties
8.1
 NOTHING IN THESE LICENSE TERMS, INCLUDING SECTIONS 8 AND 9, EXCLUDES OR LIMITS BOXSENTRY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND BOXSENTRY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.2
 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOLUTION IS AT YOUR SOLE RISK AND THAT THE SOLUTION ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
8.3
You acknowledge that the technology used to support the Solution (as with information technology products generally), may have errors (or “bugs”), configuration problems or other operator errors and may encounter unexpected problems including but not limited to failure of electronic or mechanical equipment or communication lines. BOXSENTRY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SOLUTION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
8.4
 As purveyors of spam are constantly seeking to evade systems designed to block bulk E-mail and as a user may not wish all bulk E-mail to be blocked, the bulk E-mail component of the Solution will not detect or block all bulk E-mail, and may additionally block E-mail which Subscriber does not wish to have blocked. BOXSENTRY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT THE SOLUTION WILL BLOCK ALL BULK E-MAIL, OR ONLY BLOCK THE BULK E-MAIL YOU WISH TO BE BLOCKED.
8.5
 Although BoxSentry attempts to provide accurate, complete and up-to-date information BoxSentry assumes no responsibility, and makes no warranties or representations, express or implied, of any kind of the information, Solution, content, and/or data contained in or provided on or via Solution or Documentation. BOXSENTRY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SOLUTION WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM BOXSENTRY OR THROUGH OR FROM THE SOLUTION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8.6
 BOXSENTRY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


9.
Limitation of Liability
9.1
 WITHOUT PREJUDICE TO SECTION 8, IN NO EVENT WILL BOXSENTRY ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOXSENTRY (ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS) IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
9.2
 IF BOXSENTRY ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE LIABLE TO YOU AND CANNOT, FOR ANY REASON, RELY ON THE LIMITATIONS OF LIABILITY SET OUT IN SECTIONS 8 AND 9.1, THEN THE MAXIMUM LIABILITY BOXSENTRY ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS WILL BE LIABLE TO YOU AND ANYONE ELSE IS EITHER THE REPLACEMENT OF THE PRODUCT FOR WHICH YOU HAVE PAID BUT ARE UNABLE TO USE OR THE REFUND OF THE PURCHASE/SUBSCRIPTION PRICE WHICH YOU HAVE PAID FOR THE PRODUCT OR SOLUTION, WHICH WILL BE AT BOXSENTRYS ABSOLUTE DISCRETION.


10.
General
  These Subscriber License Terms will be governed by and construed in accordance with the law for the time being of Singapore without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with these Subscriber License Terms or the Solution shall be subject to the exclusive jurisdiction of the courts located in Singapore. No text or information set forth on any other purchase order, pre-printed form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of these Subscriber License Terms. If any provision of these Subscriber License Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and BoxSentry as a result of these Subscriber License Terms or use of the Solution. The failure of BoxSentry to enforce any right or provision in these Subscriber License Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BoxSentry in writing. These License Terms, together with any applicable Order Form, comprises the entire Subscriber License Terms between you and BoxSentry and supersedes all prior or contemporaneous negotiations, discussions or License Terms, whether written or verbal, between the parties regarding the subject matter contained herein. BoxSentry may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these License Terms. These Subscriber License Terms incorporates the Schedules referenced in the Order From and attached hereto. You consent to BoxSentry’s use of your name and general description of your relationship with BoxSentry in press releases and other marketing materials and appearances. You further permit BoxSentry to use it as a reference account for marketing purposes.


11.
Definitions & References
  As used in these Subscriber License Terms and in any Order Forms now or hereafter associated herewith: "Affiliate" means in relation to any company, any subsidiary or holding company of that company, and any subsidiary of any such holding company, in each case at any level, where the expressions "holding company" and "subsidiary" have the meanings ascribed thereto by the Companies Act (as amended); “Documentation” means the latest version from time to time of the operating manuals or other printed materials either in printed or electronic form including users’ manuals, programming manuals, modification manuals, flow charts, drawings and software listings in the possession or control of BoxSentry which may assist or supplement the understanding or application of the RealMail Technology ; “Effective Date” means the earlier of either the date these Subscriber License Terms is accepted by selecting the “I Accept” option or the date you begin using the Solution; “E-mail" means messages transferred by means of the Internet using the Simple Mail Transfer Protocol (SMTP), Extended Mail Transfer Protocol (ESMTP);“Header” means the source, destination and routing information attached to an E-mail, including, where applicable, the originating domain name and originating electronic mail address, and any other information that appears in the line identifying, or purporting to identify, the sender of the message; “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, Solution marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; “License Terms” means these online terms of use, any Order Forms, whether written or submitted online, and any materials available on BoxSentry website specifically incorporated by reference herein, as such materials, including the terms of these License Terms, may be updated by BoxSentry or its licensors from time to time in its sole discretion; “Order Form(s)” means the form evidencing the initial subscription for the Solution and any subsequent order forms submitted online or in written form, specifying, among other things, the number of mailboxes and domains and other Solution contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of these Subscriber License Terms(in the event of any conflict between the terms of these Subscriber License Terms and the terms of any such Order Form, the terms of these Subscriber License Terms shall prevail); “RealMail Technology” means all of BoxSentry’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by virtue of your being boarded on managed Solution platform operated by BoxSentry; “Spam” means unsolicited bulk, broadcast, automated or systematic E-mail messages, E-mail phishing, E-mail containing, or containing links to, viruses, trojan horses and other malicious code or exploits, and any other undesirable E-mail; “Solution(s)” means BoxSentry’s secure E-mail messaging technology platform, whether or not provided onsite via an appliance or off-site via hosting managed service or ancillary online or offline products and Solutions provided to you by BoxSentry, to which you are being granted access under these Subscriber License Terms, including the RealMail Technology and any Documentation; “User(s)” means your employees, representatives, consultants, contractors or agents who are authorized to use the Solution and have been supplied user identifications and passwords by you (or by BoxSentry at your request).

In these License Terms: headings are for convenience only and shall be disregarded when interpreting these terms; a reference to a "person" includes any company, corporation, government body, association, partnership or individual; a reference to the singular shall include the plural and vice versa; "writing" includes printed documents, E-mails, web-pages, or any other form which is read by the human eye; references to "including" are deemed to be followed by the words "without limitation".



Schedule 1
Evaluation (RealMail Appliance) License Terms

This Schedule is incorporated by reference into the Subscriber License Terms when the Order From includes the particular Solution described herein.

1.
Evaluation License
  BoxSentry may grant to you, on a one-time only basis, a license to the RealMail Technology via a RealMail Appliance for a limited period of thirty (30) days or such other time as BoxSentry decides in its sole discretion, to trial the Solution free of charge. You acknowledge and agree not to disclose or publish the results of the evaluation tests to any third party without the express written consent of BoxSentry. BoxSentry may in its sole discretion, select the model of RealMail Appliance provided under these License Terms.

2.
Delivery
a)
BoxSentry shall deliver the RealMail Appliance on the Delivery Date to your Delivery Address.
b)
 If you are unable to accept delivery on the Delivery Date, you shall fully indemnify BoxSentry for direct and indirect costs incurred by the subsequent delay in Delivery.
c)
 Risk of loss or damage to the RealMail Appliance shall pass to you upon Delivery.

3.
Installation
a)
BoxSentry or its authorised representative shall install the RealMail Appliance at your Delivery Address.
b)
Company shall provide BoxSentry with all reasonable assistance and access to facilities to enable BoxSentry to comply with its obligations under this Section.

4.
Title
  BoxSentry retains title, ownership and all rights and interests in and to the RealMail Technology, including the RealMail Appliance during Evaluation. At the conclusion of the Evaluation or otherwise at the termination or expiry of these Subscriber License Terms, you authorise BoxSentry or its authorised representative to attend your premises and remove the RealMail Appliance.

5.
Warranty & RMA
  This Schedule incorporates BoxSentry’s Appliance Warranty and RMA Policy as amended from time to time.

6.
Software Support
a)
 BoxSentry shall provide such Support Solution as it considers necessary in order that the Solution operates in substantial conformity with the Documentation.
b)
 BoxSentry shall only provide the Support Solution for such periods in respect of which you have paid for the Support Solution in advance.
c)
 Such Support Solution will, at the sole option of BoxSentry, take the form of:
i) an advisory and explanatory Solution with respect to the RealMail Technology including the provision of a support website, and telephone and E-mail consultation to enable off-site diagnostic Solution;
ii) on-site attendance followed by such advice, programming or re-configuration as BoxSentry considers necessary;
iii) if you have supplied BoxSentry with a detailed description of the Program Error and the circumstances in which it arose, a Program Error consulting Solution which will include the provision of Updates, New Releases or Work Arounds as soon as reasonably possible (having regard to the seriousness of the loss of Specified Functionality) to correct the RealMail Software; and
iv) the supply of Upgrades free of charge (consultancy and other Solution in connection with the installation of Upgrades shall be charged at BoxSentry’s standard charges from time to time.
d)
Support Solution specifically do not include:
i) correction of errors or defects caused by the operation of the RealMail Software in a manner other than specified in the Documentation;
ii) correction of errors or defects caused by modification, revision, variation, translation, alteration of the RealMail Software not authorised by BoxSentry;
iii) correction of errors or defects caused by misuse or unauthorised
iv) training of your staff;
v) electrical or environmental adjustment or damage caused by electrical or environmental factors;
vi) rectification of operator errors;
vii) rectification of errors caused by incorrect use of the Solution or RealMail Appliance;
viii) equipment maintenance other than as expressly provided in BoxSentry’s standard RMA policy from time to time, including cleaning;
ix) relocation of the RealMail Appliance;
x) diagnosis of rectification of Faults (including in your network) not associated with the RealMail Software;
xi) unless otherwise agreed, travel to and attendance at your premises to provide the Support Solution.
e)
BoxSentry will provide the Support Solution by ensuring the availability of suitably trained staff familiar with the operation, maintenance and support of the RealMail Technology as soon as practicable during BoxSentry’s normal business hours.
f)
You will, where relevant, provide such access to the RealMail Software (and RealMail Appliance if necessary) as BoxSentry reasonably requires to provide the Support Solution. You shall comply with your obligations under applicable health and safety legislation with respect to the provision of access and facilities to BoxSentry. You will ensure that BoxSentry’s personnel are provided with all information, facilities, assistance and accessories reasonably required by BoxSentry to enable it to provide the Support Solution, including but not limited to telecommunication facilities required by BoxSentry for testing and diagnostic purposes.
g)
Where a request for Support Solution arises as a result of a Disabling Event, BoxSentry shall be entitled to charge its standard charges from time to time for the Solution provided. You will pay the fees and charges for the Support Solution at the rate and in the manner specified in the invoice. All pricing terms for Support Solution are confidential, and you agree not to disclose them to any third party.
h)
 The fees and charges are exclusive of any value added and other applicable taxes imposed or levied in connection with the supply of the Support Solution. Such taxes will be added to the invoice for the Support Solution at the rate current at the date of the invoice.
i)
 BoxSentry reserves the right to modify its fees and charges and to introduce new charges at any time for the Support Solution, upon at least 30 days prior notice, which notice may be provided by E-mail via BoxSentry’s website.

7.
Definitions
  As used in this Schedule and in any Order Forms now or hereafter associated herewith: ‘'Delivery' means the deposit by or on behalf of BoxSentry of the RealMail Appliance at your Delivery Address’; ‘Delivery Address’ means the site notified by you in the Order Form for the Delivery and installation of the RealMail Appliance; 'Delivery Date' means the date or period specified for Delivery of the RealMail Appliance in the Order Form; ‘Disabling Event’ means any one or more of the following: (i) use of the RealMail Technology other than in accordance with or for the purposes provided for in the Documentation; (ii) use of the RealMail Software other than with operating systems, hardware and network infrastructure approved by BoxSentry; use of a version of the RealMail Software which is not the latest version supplied to you; your failure to implement recommendations in respect of or solutions to Faults previously advised by BoxSentry; use of any software in conjunction with the RealMail Software, other than software specified or previously agreed by BoxSentry; and Faults in the operating system on the passive server and/or any other software used in conjunction with the RealMail Software which the RealMail Software is not intended to protect against; ‘Faults’ mean any script, algorithm, routine, sub routine, or other coded instruction (whether contained in the RealMail Software or otherwise) which is liable to cause the RealMail Technology to: (i) fail to meet the features and Specified Functionality; (ii) slow down to a material degree (in terms of response times or flow of E-mail compared to any required response times or throughput of the RealMail Software) or to stop at times when stoppage is not contemplated by its specification or to fail to meet any processing volume requirements for the RealMail Technology set out in its specification to a material extent; (iii) produce unintelligible, misleading or incorrect output to screens, processors, storage media or other peripheral equipment; (iv) produce incorrect results when instructed to perform logical operations of the kind described in or contemplated by its specification and, without prejudice to the generality of the above categories, shall also include any statements, symbols, computer code, programming instruction or set of instructions that has the ability to deliberately damage, interfere with or otherwise adversely affect computer programs, data files or hardware without the consent of the Customer, including without limitation self propagating program instructions commonly known as Viruses, Worms, Logic bombs, Trojans, or similar in the RealMail Technology which are neither necessary for, nor assist in either compliance with its specification or the prevention of unauthorised reproductions. ‘Program Error’ means Faults in the RealMail Software which materially adversely affect the Specified Functionality; 'New Release' means software which has been provided primarily to implement an extension, alteration, improvement or additional functionality to the RealMail Software; ‘RealMail Appliance’ means the hardware which is to be delivered and installed at your Delivery Address via which the Solution is to be delivered; ‘RealMail Software’ means the software applications and processes in machine readably medium supplied by BoxSentry and used in conjunction with the RealMail Appliance; ‘Specified Functionality’ means the functionality of the RealMail Software described in the Documentation; 'Update' means a new version of the RealMail Software which contains enhanced functionality and/or has been produced primarily to overcome defects but shall not include a replacement version of the RealMail Software; ‘Work Arounds’ means programming or work processes which allows the RealMail Software to meet the Specified Functionality without necessarily eliminating a Program Error.


Schedule 2
Proof-Of-Concept (RealMail Appliance) License Terms

This Schedule is incorporated by reference into the Subscriber License Terms when the Order From includes the particular Solution described herein.

1.
Proof-Of-Concept License
BoxSentry may grant to you, on a one-time only basis, a license to the RealMail Technology via a RealMail Appliance for a proof-of-concept period to trial the Solution for such time and at such cost as BoxSentry decides in its sole discretion and as specified on the Order Form. You acknowledge and agree not to disclose or publish the results of the proof-of-concept tests to any third party without the express written consent of BoxSentry. BoxSentry may in its sole discretion, select the model of RealMail Appliance provided under these License Terms.

2.
Delivery
a)
 BoxSentry shall deliver the RealMail Appliance on the Delivery Date to your Delivery Address.
b)
If you are unable to accept delivery on the Delivery Date, you shall fully indemnify BoxSentry for direct and indirect costs incurred by the subsequent delay in Delivery.
c)
 Risk of loss or damage to the RealMail Appliance shall pass to you upon Delivery.

3.
Installation
a)
 BoxSentry or its authorised representative shall install the RealMail Appliance at your Delivery Address.
b)
Company shall provide BoxSentry with all reasonable assistance and access to facilities to enable BoxSentry to comply with its obligations under this Section.

4.
Title
BoxSentry retains title, ownership and all rights and interests in and to the RealMail Technology, including the RealMail Appliance during Evaluation. At the conclusion of the Evaluation or otherwise at the termination or expiry of these License Terms, you authorise BoxSentry or its authorised representative to attend your premises and remove the RealMail Appliance.

5.
Warranty & RMA
This Schedule incorporates BoxSentry’s Appliance Warranty and RMA Policy as amended from time to time.

6.
Software Support
a)
 BoxSentry shall provide such Support Solution as it considers necessary in order that the Solution operates in substantial conformity with the Documentation.
b)
BoxSentry shall only provide the Support Solution for such periods in respect of which you have paid for the Support Solution in advance.
c)
 Such Support Solution will, at the sole option of BoxSentry, take the form of:
i) an advisory and explanatory Solution with respect to the RealMail Technology including the provision of a support website, and telephone and E-mail consultation to enable off-site diagnostic Solution;
ii) on-site attendance followed by such advice, programming or re-configuration as BoxSentry considers necessary;
iii) if you have supplied BoxSentry with a detailed description of the Program Error and the circumstances in which it arose, a Program Error consulting Solution which will include the provision of Updates, New Releases or Work Arounds as soon as reasonably possible (having regard to the seriousness of the loss of Specified Functionality) to correct the RealMail Software; and
iv) the supply of Upgrades free of charge (consultancy and other Solution in connection with the installation of Upgrades shall be charged at BoxSentry’s standard charges from time to time.
d)
 Support Solution specifically do not include:
i) correction of errors or defects caused by the operation of the RealMail Software in a manner other than specified in the Documentation;
ii) correction of errors or defects caused by modification, revision, variation, translation, alteration of the RealMail Software not authorised by BoxSentry;
iiii) correction of errors or defects caused by misuse or unauthorised
iv) training of your staff;
v) electrical or environmental adjustment or damage caused by electrical or environmental factors;
vi) rectification of operator errors;
vii) rectification of errors caused by incorrect use of the Solution or RealMail Appliance;
viii) equipment maintenance other than as expressly provided in BoxSentry’s standard RMA policy from time to time, including cleaning;
ix) relocation of the RealMail Appliance;
x) diagnosis of rectification of Faults (including in your network) not associated with the RealMail Software;
xi) unless otherwise agreed, travel to and attendance at your premises to provide the Support Solution.
e)
BoxSentry will provide the Support Solution by ensuring the availability of suitably trained staff familiar with the operation, maintenance and support of the RealMail Technology as soon as practicable during BoxSentry’s normal business hours.
f)
You will, where relevant, provide such access to the RealMail Software (and RealMail Appliance if necessary) as BoxSentry reasonably requires to provide the Support Solution. You shall comply with your obligations under applicable health and safety legislation with respect to the provision of access and facilities to BoxSentry. You will ensure that BoxSentry’s personnel are provided with all information, facilities, assistance and accessories reasonably required by BoxSentry to enable it to provide the Support Solution, including but not limited to telecommunication facilities required by BoxSentry for testing and diagnostic purposes.
g)
Where a request for Support Solution arises as a result of a Disabling Event, BoxSentry shall be entitled to charge its standard charges from time to time for the Solution provided.
You will pay the fees and charges for the Support Solution at the rate and in the manner specified in the invoice. All pricing terms for Support Solution are confidential, and you agree not to disclose them to any third party.
h)
 The fees and charges are exclusive of any value added and other applicable taxes imposed or levied in connection with the supply of the Support Solution. Such taxes will be added to the invoice for the Support Solution at the rate current at the date of the invoice.
i)
BoxSentry reserves the right to modify its fees and charges and to introduce new charges at any time for the Support Solution, upon at least 30 days prior notice, which notice may be provided by E-mail via BoxSentry’s website.

7.
Definitions
As used in this Schedule and in any Order Forms now or hereafter associated herewith: ‘'Delivery' means the deposit by or on behalf of BoxSentry of the RealMail Appliance at your Delivery Address’; ‘Delivery Address’ means the site notified by you in the Order Form for the Delivery and installation of the RealMail Appliance; 'Delivery Date' means the date or period specified for Delivery of the RealMail Appliance in the Order Form; ‘Disabling Event’ means any one or more of the following: (i) use of the RealMail Technology other than in accordance with or for the purposes provided for in the Documentation; (ii) use of the RealMail Software other than with operating systems, hardware and network infrastructure approved by BoxSentry; use of a version of the RealMail Software which is not the latest version supplied to you; your failure to implement recommendations in respect of or solutions to Faults previously advised by BoxSentry; use of any software in conjunction with the RealMail Software, other than software specified or previously agreed by BoxSentry; and Faults in the operating system on the passive server and/or any other software used in conjunction with the RealMail Software which the RealMail Software is not intended to protect against; ‘Faults’ mean any script, algorithm, routine, sub routine, or other coded instruction (whether contained in the RealMail Software or otherwise) which is liable to cause the RealMail Technology to: (i) fail to meet the features and Specified Functionality; (ii) slow down to a material degree (in terms of response times or flow of E-mail compared to any required response times or throughput of the RealMail Software) or to stop at times when stoppage is not contemplated by its specification or to fail to meet any processing volume requirements for the RealMail Technology set out in its specification to a material extent; (iii) produce unintelligible, misleading or incorrect output to screens, processors, storage media or other peripheral equipment; (iv) produce incorrect results when instructed to perform logical operations of the kind described in or contemplated by its specification and, without prejudice to the generality of the above categories, shall also include any statements, symbols, computer code, programming instruction or set of instructions that has the ability to deliberately damage, interfere with or otherwise adversely affect computer programs, data files or hardware without the consent of the Customer, including without limitation self propagating program instructions commonly known as Viruses, Worms, Logic bombs, Trojans, or similar in the RealMail Technology which are neither necessary for, nor assist in either compliance with its specification or the prevention of unauthorised reproductions. ‘Program Error’ means Faults in the RealMail Software which materially adversely affect the Specified Functionality; 'New Release' means software which has been provided primarily to implement an extension, alteration, improvement or additional functionality to the RealMail Software; ‘RealMail Appliance’ means the hardware which is to be delivered and installed at your Delivery Address via which the Solution is to be delivered; ‘RealMail Software’ means the software applications and processes in machine readably medium supplied by BoxSentry and used in conjunction with the RealMail Appliance; ‘Specified Functionality’ means the functionality of the RealMail Software described in the Documentation; 'Update' means a new version of the RealMail Software which contains enhanced functionality and/or has been produced primarily to overcome defects but shall not include a replacement version of the RealMail Software; ‘Work Arounds’ means programming or work processes which allows the RealMail Software to meet the Specified Functionality without necessarily eliminating a Program Error.


Schedule 3
Evaluation (Managed Services) License Terms

This Schedule is incorporated by reference into the Subscriber License Terms when the Order From includes the particular Solution described herein.

1.
Evaluation License
BoxSentry may grant to you, on a one-time only basis, a license to the RealMail Technology for a limited period of thirty (30) days or such other time as BoxSentry decides in its sole discretion, to trial the Solution free of charge. You acknowledge and agree not to disclose or publish the results of the evaluation tests to any third party without the express written consent of BoxSentry.

2.
Services
Subject to applicable legislation, BoxSentry may provide the Solution from any hardware installation forming part of the Solution anywhere in the world and may, at any time, transfer the provision of the Solution from one installation to another without notice or liability to you. BoxSentry does not guarantee that any such installation, or part thereof, is dedicated to your sole and exclusive use.



Schedule 4
Proof-Of-Concept (Managed Solution) License Terms

This Schedule is incorporated by reference into the Subscriber License Terms when the Order From includes the particular Solution described herein.

1.
Proof-Of-Concept License
BoxSentry may grant to you, on a one-time only basis, a license to the RealMail Technology for a for a proof-of-concept period to trial the Solution for such time and at such cost as BoxSentry decides in its sole discretion and as specified on the Order From. You acknowledge and agree not to disclose or publish the results of the proof-of-concept tests to any third party without the express written consent of BoxSentry.

2.
Services
Subject to applicable legislation, BoxSentry may provide the Solution from any hardware installation forming part of the Solution anywhere in the world and may, at any time, transfer the provision of the Solution from one installation to another without notice or liability to you. BoxSentry does not guarantee that any such installation, or part thereof, is dedicated to your sole and exclusive use.



Schedule 5
RealMail Appliance Purchase License Terms

This Schedule is incorporated by reference into the Subscriber License Terms when the Order From includes the particular Solution described herein.

1.
RealMail Appliance
a)
 The RealMail Appliance will conform to the specifications and configuration prescribed in the Order. No substitution or modification will be made without your written consent.
b)
 BoxSentry will provide you with one copy of the Documentation. You will not copy or reproduce the Documentation except to the extent otherwise authorized by these License Terms.
c)
 BoxSentry warrants that the Documentation will be adequate for the purpose of enabling you to operate the RealMail Appliance in a manner reasonably contemplated by the parties.

2.
Delivery
a)
 BoxSentry shall deliver the RealMail Appliance on the Delivery Date at your Delivery Address.
b)
 If you are unable to accept delivery on the Delivery Date, you shall fully indemnify BoxSentry for direct and indirect costs incurred by the subsequent delay in Delivery.
c)
 Risk of loss or damage to the RealMail Appliance shall pass to you upon Delivery.

3.
Installation
a)
 BoxSentry or its authorised representative shall install the RealMail Appliance at your Delivery Address.
b)
 You shall provide BoxSentry with all reasonable assistance and access to facilities to enable BoxSentry to comply with its obligations under this Section.

4.
Training
a)
 You acknowledge that BoxSentry has no obligation to provide any training or other support in relation to the RealMail Appliance and/or the Solution.

5.
Title
a)
 Title in the RealMail Appliance shall pass to you upon payment of the fees and charges for the RealMail Appliance as quoted on the invoice or the standard current rates in force from time to time in full.
b)
 Title in replaced parts will vest in BoxSentry upon removal. Title in replacement parts will pass to you upon payment for the replacement parts in full.
c)
 You agree and acknowledge that notwithstanding Section 5(a) and (b), the Solution, the RealMail Technology and any Documentation are not being sold to you and you do not have any ownership rights in relation to the Solution, the RealMail Technology or any documentation relating thereto. The Solution, the RealMail Technology and any documentation relating thereto are the exclusive property of BoxSentry (and its licensors where applicable).

6.
Warranty & RMA
  This Schedule incorporates BoxSentry’s Appliance Warranty and RMA Policy as amended from time to time.

7.
Software Support
a)
 BoxSentry shall provide such Support Solution as it considers necessary in order that the Solution operates in substantial conformity with the Documentation.
b)
 BoxSentry shall only provide the Support Solution for such periods in respect of which you have paid for the Support Solution in advance.
c)
 Such Support Solution will, at the sole option of BoxSentry, take the form of:
i) an advisory and explanatory Solution with respect to the RealMail Technology including the provision of a support website, and telephone and E-mail consultation to enable off-site diagnostic Solution;
ii) on-site attendance followed by such advice, programming or re-configuration as BoxSentry considers necessary;
iii) if you have supplied BoxSentry with a detailed description of the Program Error and the circumstances in which it arose, a Program Error consulting Solution which will include the provision of Updates, New Releases or Work Arounds as soon as reasonably possible (having regard to the seriousness of the loss of Specified Functionality) to correct the RealMail Software; and
iv) the supply of Upgrades free of charge (consultancy and other Solution in connection with the installation of Upgrades shall be charged at BoxSentry’s standard charges from time to time.
d)
 Support Solution specifically do not include:
i) correction of errors or defects caused by the operation of the RealMail Software in a manner other than specified in the Documentation;
ii) correction of errors or defects caused by modification, revision, variation, translation, alteration of the RealMail Software not authorised by BoxSentry;
iii) correction of errors or defects caused by misuse or unauthorised
iv) training of your staff;
v) electrical or environmental adjustment or damage caused by electrical or environmental factors;
vi) rectification of operator errors;
vii) rectification of errors caused by incorrect use of the Solution or RealMail Appliance;
viii) equipment maintenance other than as expressly provided in BoxSentry’s standard RMA policy from time to time, including cleaning;
ix) relocation of the RealMail Appliance;
x) diagnosis of rectification of Faults (including in your network) not associated with the RealMail Software;
xi) unless otherwise agreed, travel to and attendance at your premises to provide the Support Solution.
e)
 BoxSentry will provide the Support Solution by ensuring the availability of suitably trained staff familiar with the operation, maintenance and support of the RealMail Technology as soon as practicable during BoxSentry’s normal business hours.
f)
 You will, where relevant, provide such access to the RealMail Software (and RealMail Appliance if necessary) as BoxSentry reasonably requires to provide the Support Solution. You shall comply with your obligations under applicable health and safety legislation with respect to the provision of access and facilities to BoxSentry. You will ensure that BoxSentry’s personnel are provided with all information, facilities, assistance and accessories reasonably required by BoxSentry to enable it to provide the Support Solution, including but not limited to telecommunication facilities required by BoxSentry for testing and diagnostic purposes.
g)
Where a request for Support Solution arises as a result of a Disabling Event, BoxSentry shall be entitled to charge its standard charges from time to time for the Solution provided. You will pay the fees and charges for the Support Solution at the rate and in the manner specified in the invoice. All pricing terms for Support Solution are confidential, and you agree not to disclose them to any third party.
h)
The fees and charges are exclusive of any value added and other applicable taxes imposed or levied in connection with the supply of the Support Solution. Such taxes will be added to the invoice for the Support Solution at the rate current at the date of the invoice.
i)
BoxSentry reserves the right to modify its fees and charges and to introduce new charges at any time for the Support Solution, upon at least 30 days prior notice, which notice may be provided by E-mail via BoxSentry’s website.

8.
Breach
  In the event that this Agreement is terminated other than as at the election of BoxSentry pursuant to section 7.1, you authorise BoxSentry or its authorised representative to attend your premises and remove the RealMail Appliance.

9.
Definitions
  As used in this Schedule and in any Order Forms now or hereafter associated herewith: ‘'Delivery' means the deposit by or on behalf of BoxSentry of the RealMail Appliance at your Delivery Address’; ‘Delivery Address’ means the site notified by you in the Order Form for the Delivery and installation of the RealMail Appliance; 'Delivery Date' means the date or period specified for Delivery of the RealMail Appliance in the Order Form; ‘Disabling Event’ means any one or more of the following: (i) use of the RealMail Technology other than in accordance with or for the purposes provided for in the Documentation; (ii) use of the RealMail Software other than with operating systems, hardware and network infrastructure approved by BoxSentry; use of a version of the RealMail Software which is not the latest version supplied to you; your failure to implement recommendations in respect of or solutions to Faults previously advised by BoxSentry; use of any software in conjunction with the RealMail Software, other than software specified or previously agreed by BoxSentry; and Faults in the operating system on the passive server and/or any other software used in conjunction with the RealMail Software which the RealMail Software is not intended to protect against; ‘Faults’ mean any script, algorithm, routine, sub routine, or other coded instruction (whether contained in the RealMail Software or otherwise) which is liable to cause the RealMail Technology to: (i) fail to meet the features and Specified Functionality; (ii) slow down to a material degree (in terms of response times or flow of E-mail compared to any required response times or throughput of the RealMail Software) or to stop at times when stoppage is not contemplated by its specification or to fail to meet any processing volume requirements for the RealMail Technology set out in its specification to a material extent; (iii) produce unintelligible, misleading or incorrect output to screens, processors, storage media or other peripheral equipment; (iv) produce incorrect results when instructed to perform logical operations of the kind described in or contemplated by its specification and, without prejudice to the generality of the above categories, shall also include any statements, symbols, computer code, programming instruction or set of instructions that has the ability to deliberately damage, interfere with or otherwise adversely affect computer programs, data files or hardware without the consent of the Customer, including without limitation self propagating program instructions commonly known as Viruses, Worms, Logic bombs, Trojans, or similar in the RealMail Technology which are neither necessary for, nor assist in either compliance with its specification or the prevention of unauthorised reproductions. ‘Program Error’ means Faults in the RealMail Software which materially adversely affect the Specified Functionality; 'New Release' means software which has been provided primarily to implement an extension, alteration, improvement or additional functionality to the RealMail Software; ‘RealMail Appliance’ means the hardware which is to be delivered and installed at your Delivery Address via which the Solution is to be delivered; ‘RealMail Software’ means the software applications and processes in machine readably medium supplied by BoxSentry and used in conjunction with the RealMail Appliance; ‘Specified Functionality’ means the functionality of the RealMail Software described in the Documentation; 'Update' means a new version of the RealMail Software which contains enhanced functionality and/or has been produced primarily to overcome defects but shall not include a replacement version of the RealMail Software; ‘Work Arounds’ means programming or work processes which allows the RealMail Software to meet the Specified Functionality without necessarily eliminating a Program Error.



Schedule 6
Managed Solution Subscriber License Terms

This Schedule is incorporated by reference into the Subscriber License Terms when the Order From includes the particular Solution described herein.

1.
Solution
  Subject to applicable legislation, BoxSentry may provide the Solution from any hardware installation forming part of the Solution anywhere in the world and may, at any time, transfer the provision of the Solution from one installation to another without notice or liability to you. BoxSentry does not guarantee that any such installation, or part thereof, is dedicated to your sole and exclusive use.


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