[thelist] web based email marketing software

[Christopher Joseph]

Benjer wrote:
>>http://www.miro.com.au/ their OI! email marketing system hooks in nicely
>>and is fairly serviceable. My only quibble to date is that it isn't
>>(since I last looked) XHTML. I has user management, listmanagement, user
>>list registration and deregistration and banning. Also templating.
>
>
> Does it allow us to brand it for each client. So that it doesn't show any
> miro branding? Or am I asking too much for a small price?
>
> Benjer.
>
>

License as follows:

Miro Products Licence Agreement

Miro International Pty Ltd
Level 2, 4 Bank Place
Melbourne VIC 3000
Australia
Telephone 1300 300 959
http://www.miro.com.au


By using the Miro software, you agree that your use of the Miro software
and any documentation
(the “Software”) is governed by the terms set out below and that these
terms form a Licence
Agreement between you and Miro International Pty Ltd (ACN 091 661 157)
(“Miro”).

1. LICENCE:
Under this Agreement you acquire a non-exclusive, non-transferable
licence to use the Software
on the terms of this Agreement.

2. OWNERSHIP:
Miro retains all the intellectual property and other ownership rights in
the Software.

3. PAYMENT:
In return for the licence to use the Software, you must pay to Miro the
licence fee specified
at the www.miro.com.au website.

4. DELIVERY, INSTALLATION & ACTIVATION:
Miro will provide access via the www.miro.com.au website for you to
download the Software.
You will be responsible for installing the Software. Payment of the
licence fee entitles you
to install the software for use with one domain (one website). If you
would like to use our product
with more than one domain, you must purchase another Miro license.

5. YOUR OBLIGATIONS:

You MUST:

use the Software strictly in accordance with the terms and conditions of
this Agreement
and in accordance with any procedures, instructions and guidelines
issued by Miro;
- only install and use the Software in respect of one domain name;
- pay all fees, taxes and levies arising from your licence of the Software;
- take all reasonable steps to prevent a breach of this Agreement; and
- immediately notify Miro if you become aware of any breach or potential
breach of this Agreement.

You MAY:
- alter, modify or delete information or data contained in the Software
or add any information or
   data to the information or data contained in the Software for the
purpose of customising your website
   that this license allows;


You MUST NOT:

without the prior written consent of Miro copy, reproduce or translate
the Software or do any act
which infringes the copyright in the Software other than as part of the
technical process of installing
the Software or developing websites;
- create a derivative work from the Software by any means;
- decompile, disassemble or reverse engineer the Software;
- alter, modify or delete any copyright information or data contained in
the Software or add any
   information or data to the information or data contained in the
Software which changes the copyright
   or intellectual property ownership of the Software;
- cause or permit any unauthorised act in relation to the Software to
occur.

6. BACK UP COPY:
You may securely retain a copy of the Software on disk solely for the
purpose of data back up and
restoration.

7. INSPECTION:
You will permit Miro or its representatives to enter your premises at
any reasonable time for the
purpose of verifying your compliance with the terms of this Agreement.

8. ENQUIRIES:
Payment of the licence fee under this Agreement entitles you to ask
questions about the use and
operation of the Software by emailing such questions to
support at miro.com.au. Nothing in this clause
obliges Miro to provide support and maintenance services in respect of
the Software. Any support and
maintenance services will be provided by Miro at its current rates for
support and maintenance services.

9. LIABILITY:
You acknowledge that in entering into this Agreement you have not relied
in any way on Miro’s
representations, description, illustrations, specifications, skill or
judgment and that you have
satisfied yourself as to the condition and suitability of the Software
for your purposes. All express
and implied conditions, warranties or liabilities (including liability
as to negligence) regarding the
condition, accuracy, suitability or quality of, or title to, the
Software are negated and excluded.
Miro gives no condition, warranty, undertaking or representation in
relation to the condition, accuracy,
suitability or quality of, or title to, the Software (including any data
contained in or supplied in
relation to it or reports generated or produced by or with the aid of
it). You acknowledge and agree
that Miro is not liable for any loss or damage, including consequential
loss or damage, which in any
way results from your use or non-use of the Software (including as a
result of any malfunction,
breakdown or error in the Software). You will indemnify Miro and keep
Miro indemnified against all and
any demands, claims, actions and proceedings whatsoever and howsoever
arising made by any third person
in connection with or arising out of your use of the Software and all
and any losses, costs, expenses
and damages whatsoever and howsoever incurred by Miro in connection with
or arising out of a breach by
you of any provision of this Agreement. You acknowledge and agree that
all Miro products and services
are non-refundable and non-transferable. Nothing in this Agreement
excludes, restricts or modifies any
condition, warranty, right or remedy which is conferred on you by
consumer protection legislation in
force in any jurisdiction where this Agreement is executed and which is
not permitted to be excluded,
restricted or modified. Where Miro breaches a condition or warranty
which has been implied by such
legislation, its liability for breach will be limited to (where
permissible by the legislation): in
the case of supply of goods:
the replacement of the goods or the supply of equivalent goods, or the
repair of the goods, or the payment
of the cost of replacing the goods or of acquiring equivalent materials,
or the payment of the costs of
having the goods repaired; and in the case of the provision of services:
the supplying of the services
again, or the payment of the cost of having the services supplied again,
whichever Miro sees fit to provide.

10. TERMINATION:
Miro may immediately terminate this Agreement if you breach any term or
condition of this Agreement or any
provision of this Agreement is held invalid by a court or is severed by
operation of law. You may terminate
this Agreement at any time without notice to Miro. If this Agreement is
terminated (whether by you or Miro),
you must immediately stop using the Software, permanently erase the
programs and all related files and data
from your computer and, at your cost, immediately return all copies of
the Software to Miro. Miro will not be
liable to refund any part of the licence fee if this Agreement is
terminated.

11. ASSIGNMENT:
You may not assign, transfer, encumber, mortgage or licence all or any
part of this Agreement or any of your
rights, benefits or obligations under it in any way without the prior
written consent of Miro. Miro may assign
any of its rights, benefits or obligations under this Agreement to any
other person.

12. WAIVER:
Failure or neglect by either party to enforce at any time any of the
provisions of this Agreement is not to be
construed or deemed to be a waiver of that party’s rights under this
Agreement.

13. GOVERNING LAW:
This Agreement is governed by and to be construed in accordance with the
laws of Victoria, Australia. The parties
irrevocably submit to the non-exclusive jurisdiction of the courts of
Victoria, Australia.

14. INTERPRETATION:
This document contains the entire understanding between the parties as
to the licence of the Software. The
expiration or termination of this Agreement does not affect the rights
of either party against the other in
respect of anything done or omitted to be done under this Agreement
prior to the expiration or termination or
any sums or other claims outstanding at the time of expiration or
termination. A reference to a person includes
a reference to a firm, corporation or other corporate body.

Miro® Products Licence Agreement

--
Christopher Joseph

-------------------
http://www.ideadesigners.com  [iseries & web technologies]
mailto: christopher at ideadesigners.com
mobile:    +44 7966 003860
Office:    +44 1296 620790
facsimile: +44 1296 620789
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