R3000: Warranty

End-User License Agreement for R3000
EULA rev. 12.20.00

IMPORTANT — READ CAREFULLY: This End-User License Agreement (”EULA”) is a legal agreement between you a purchaser and/or any end-user (either an individual or an entity) and 8e6 Technologies (“8e6”) of the R3000 including the hardware with which you acquired the software product, 8e6’s E-mail/Spam Filter, which includes software, the associated media, any printed materials, and any electronic documentation all of which is referred to herein as the R3000. By installing, copying or otherwise using the R3000, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, 8e6 is unwilling to license the R3000 to you. In such event, you may not use the R3000 and you should promptly contact 8e6 for instructions on return of the R3000 for a refund.

8e6 has no obligation to monitor the R3000 but may do so and disclose information regarding use of the R3000 for any reason if 8e6, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the R3000 properly; or protect itself.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: Except for certain products and services specifically identified as being offered by 8e6, 8e6 does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive. 8e6 has no control over and accepts no responsibility for such materials. User assumes full responsibility and risk for use of the R3000 and the Internet and is solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the R3000 or the Internet.

The R3000 is provided on an “as is” and “as available” basis. 8e6 does not warrant that the R3000 will be uninterrupted, error-free, or free of viruses or other harmful components. 8e6 makes no express warranties and waives all implied warranties including, but not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose regarding any merchandise, information or service provided through 8e6 or the Internet generally. No advice or information given by 8e6 or its representatives will create a warranty. 8e6 and its employees are not liable for any costs or damages arising directly or indirectly from your use of the R3000 or the Internet including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. In any event, 8e6’s cumulative liability to any person, firm or entity for any and all claims relating to the use of the R3000 shall not exceed the total amount paid to 8e6 for the R3000.

LIMITED WARRANTY: 8e6 warrants that (a) the R3000 will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) R3000 will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the R3000 are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES: 8e6’s and its suppliers’ entire liability and your exclusive remedy shall be, at 8e6's option, either (a) return of the price paid, or (b) repair or replacement of the R3000 that does not meet this Limited Warranty and which is returned to 8e6 with a copy of your receipt. This Limited Warranty is void if failure of the R3000 has resulted from accident, abuse, or misapplication. Any replacement R3000 will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

NO OTHER WARRANTIES: To the maximum extent permitted by applicable law, 8e6 and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the R3000 and the accompanying written materials. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

R3000 COMPONENTS: All components of the R3000, excluding User Submissions, are owned by and are the copyrighted work of 8e6 and/or its suppliers and are protected by copyright laws and international treaty provisions. Your use of the R3000 is governed by the terms of this EULA, which accompanies or is included with the R3000. You may not install or use the R3000 unless you first agree to this EULA’s terms.

TERMS OF USE: For any software not accompanied by a license agreement, 8e6 hereby grants to you, the user, a revocable personal, non-transferable license to use the R3000 for viewing and otherwise using R3000 in accordance with this EULA and for no other purpose provided that you keep intact all copyright and other proprietary notices. You may not execute any software provided with the R3000 on a device other than the R3000 and you may not execute software not provided with the R3000 on the R3000. Any reproduction or redistribution of the R3000 content is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the content or R3000 to any other server or location for further reproduction or redistribution or root access or reverse engineering is expressly prohibited. You acknowledge that the R3000, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the usa. You agree not to export or re-export the R3000, directly or indirectly, to any countries that are subject to usa export restrictions.

LIABILITY DISCLAIMER: the information, software, products, and services included in or available through the R3000 may include inaccuracies or typographical errors. Changes are periodically made to the R3000 and to the information therein. 8e6 and/or its respective suppliers may make improvements and/or changes in the R3000 at any time. Advice received via the R3000 should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

8e6 and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the R3000 for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. 8e6 and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

You specifically agree that 8e6 shall not be responsible for confidentiality of data, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through R3000. You specifically agree that 8e6 is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that 8e6 is not responsible for any content sent using and/or included in R3000 by any third party.

In no event shall 8e6 and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of confidentiality, loss of use, data, or profits, arising out of or in any way connected with the use or performance of the R3000 with the delay or inability to use the R3000, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through R3000 or otherwise arising out of the use of the R3000 whether based on contract, tort, negligence, strict liability or otherwise, even if 8e6 or any of its suppliers has been advised of the possibility of damages. Because some states/ jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the R3000 or with any of these terms of use in this end-user license agreement, your sole and exclusive remedy is to discontinue using the R3000.

TERMINATION/ACCESS: 8e6 shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

GENERAL: This agreement is governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A. in all disputes arising out of or relating to the use of the R3000. Use of the R3000 is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and 8e6 as a result of this agreement or use of the R3000. You agree to indemnify and hold 8e6, its parents, subsidiaries, affiliates, R3000 officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorney fees, asserted by any third party due to or arising out of your use of or conduct on the R3000. 8e6 reserves the right to disclose any personal information about you or your use of the R3000, including its contents, without your prior permission if 8e6 has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of 8e6 or its affiliated companies; (3) enforce the terms or use; or (4) act to protect its interests or the interests of others. 8e6's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 8e6’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the R3000 or information provided to or gathered by 8e6 with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 8e6 with respect to the R3000 and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 8e6 with respect to the R3000. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SPECIAL PROVISIONS

U.S. GOVERNMENT RESTRICTED RIGHTS: The R3000 and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is 8e6 Technologies — 828 West Taft Avenue, Orange, California 92865. If you acquired the R3000 in the United States of America, this Software License Agreement and Warranty are governed by the laws of the State of California.