reMail for iPhone - Terms and Conditions

Last updated Aug 10, 2009.

1. General

1.1. reMail is a product provided by NextMail Corp., a Delaware Corporation. Your use of reMail products, software, services and web sites (referred to collectively as the "Product" in this document and excluding any services provided to you by NextMail under a separate written agreement) is subject to the terms of a legal agreement between you and reMail. "reMail" means NextMail Corp., whose address is 589 Howard St, 3rd Floor, San Francisco, CA 94105. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

2. Proprietary Rights

2.1 You acknowledge and agree that reMail (or reMail's licensors) own all legal right, title and interest in and to the Product, including any intellectual property rights which subsist in the Product (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Product may contain information which is designated confidential by reMail and that you shall not disclose such information without reMail's prior written consent.

2.2 Unless you have agreed otherwise in writing with reMail, nothing in the Terms gives you a right to use any of reMail's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

3. License from reMail

3.1 reMail gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Product provided to you by reMail . This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Product as provided by reMail, in the manner permitted by the Terms.

3.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by reMail, in writing.

3.3 Unless reMail has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

4. Exclusion of Warranties

4.1 Nothing in these terms shall exclude or limit reMail'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 our liability will be limited to the maximum extent permitted by law.

4.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available."

4.3 In particular, reMail, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

(a) your use of the services will meet your requirements,

(b) your use of the services will be uninterrupted, timely, secure or free from error,

(d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.

4.4 any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

4.5 no advice or information, whether oral or written, obtained by you from reMail or through or from the services shall create any warranty not expressly stated in the terms.

4.6 reMail 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.

5. Limitation of Liability

5.1 You expressly understand and agree that reMail, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

5.2 the limitations on reMail's liability to you in the previous paragraph shall apply whether or not reMail has been advised of or should have been aware of the possibility of any such losses arising.

Enforcement

If you have any additional questions or concerns about these terms, please feel free to contact us any time through the Feedback tab on reMail's web site at www.remail.com or at:

reMail
c/o NextMail Corporation
589 Howard St, 3rd Floor
San Francisco, CA 94105

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