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End User License Agreement

End User License Agreement

This Agreement governs the use of ExQuilla (an add-on for Mozilla's Thunderbird email client). This Agreement is made by and between Mesquilla, LLC (A Washington State, USA, Limited Liability Company, hereafter "Mesquilla") and you, the end user of the Software (the "Licensee").

Upon receipt of acceptable payment,  Mesquilla hereby grants the Licensee a non-exclusive License to use the software ExQuilla ("the Software") according to the terms of this Agreement. Title, ownership rights and intellectual property rights in and to the Software shall remain in Mesquilla.

1. License Term

Mesquilla charges an annual fee for the use of the Software.  The "Subscription Period" is the specific time period during which the license is valid.

2. License Address

A License is assigned to either a particular email address (an "Individual License") or to an email domain (a "Domain License"). For the License to be valid, an email address matching the specific address (for an Individual License) or matching the domain (for a Domain License) must be in use with the Software. "In use" means that the Software is able to authenticate to a Microsoft Exchange Server successfully at least weekly using an account that corresponds to that email address.

3. Domain License User Count

Domain licenses are valid for a specific quantity of users. If the License is a Domain License, Licensee hereby agrees to limit the number of specific email addresses in use with ExQuilla to be no more than the quantity of users specified for the Domain License when purchased.

4. License Key

Mesquilla provides valid Licensees with a text string (the "License Key") that is specific to 1) the Subscription Period, and 2) either a particular email address (for an "Individual License") or email domain (for a "Domain License"), hereafter the "Licensed Address". The License Key has the expiration date for the Subscription Period, and the Licensed Address, embedded in it, according to these examples:

EM1,name@example.com,2013-08-30,a4e58bbc3dbd0988d88df6bec1ee4045 (Individual License)

EM1,*@example.com,2013-08-30,9d57416c0b202cc701bd4248debb3cf4 (Domain License)

The License Key is entered into the Software, and the Software validates that the Licensed Address and Subscription Period are valid for the current operation of the Software. If so, then full functionality of the Software is enabled. If not, then the Software enters a limited functionality mode.

5. Acceptable Use of the Software

You may install and use the Software on one or more computers, as long as the Licensed Address is valid for each computer.

You may not:
- modify, translate, reverse engineer, decompile, disassemble the Software (except to the extent applicable laws specifically prohibit such restriction), 
- create derivative works based on the Software; 
- rent, lease, transfer or otherwise transfer rights to the Software; 
- remove any proprietary notices or labels on the Software. 

6. Termination

The license will terminate automatically if you fail to comply with the limitations described above. On termination, you must cease using the Software.

At the end of the Subscription Period, the Software will revert automatically to a limited functionality mode. You may continue to use the software indefinitely in the limited functionality mode if you choose not to renew this License,or you may purchase a new license to restore full functionality.

7. Warranty and Liability Disclaimer

The Software is provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement.  The entire risk as to the quality and performance of the Software is borne by you.  Should the Software prove defective, you and not Mesquilla assume the entire cost of any service and repair. 
 
MESQUILLA, LLC IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.  IN ANY CASE, MESQUILLA'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THIS LICENSE.

8. Governing Law

This Agreement shall be governed and interpreted by the laws of the State of Washington. King County, Washington shall be the appropriate venue and jurisdiction for the resolution of any disputes hereunder.

The Software is protected by international copyright treaties. 

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1 Comments

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    Manfred Grabherr

    Dear Kent,

    Let me start by saying that software development is a big part of what I do, and that all of the software I write is Free (yes, as in free beer) and Open Source, accessible to everyone.

    Today, I was informed that you will be charging a fee for ExQuilla, a plugin to Thunderbird that I do find quite useful - albeit it is plagued by some features that seem typical for free open source software. Well, open source it is not. And free, it seems, it will not be any longer. If you want to charge a fee, then this is your right, but the way you got to that point is offensive, to say the least, on many levels.

    1. Remove any references to ExQuilla from Thunderbird. No links on their web site, no shortcut to installing it through Thunderbird. You are deceiving the users of Open Source and Free software. ExQuilla is a third party package now. Do not abuse your double role as a Thunderbird developer to promote your business.

    2. Do not create a dependency on your product by pretending that it is free software at first, and then present the users a bill. There was no mention of you (or anyone) having commercial intentions when I first installed the software. And don't pull a "hitchhiker's guide to the galaxy" stunt. Yes, you talked about that in some obscure forums.

    3. By developing ExQuilla, you actually preemted other efforts to provide an alternative - and truly free - solution, developed by the Open Source Community. That will have to happen now, but it seems that you are taking advantage of the process for your own good.

    You decided to be a third party. A commercial entity. Stand up for it, and divorce yourself - entirely - from Thunderbird and any other Open Source Development, and stop exploiting them for purposes of selling your product, and stop tricking users into buying your licenses.

    I wish you good luck with your endeavour, though. Honestly. Just do it right. And, should Microsoft ever come after you and take legal action against you, the commercial third party, then I will reserve my right to get some popcorn and watch it all unfold...

     

     

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