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Carefully read the following terms and conditions before downloading or using this eProductivity™ Software.  Use of the eProductivity™ Software indicates your acknowledgement that you have read this license, understand it, and agree to be bound by its terms and conditions.  If you do not agree to these terms and conditions, promptly return the programs and user manuals to the place of purchase and your purchase price will be refunded.  You agree that your use of the eProductivity™ Software acknowledges that you have read this license, understand it, and agree to be bound by its terms and conditions.

BY ACCEPTING THIS AGREEMENT, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS ON BEHALF OF YOURSELF AND YOUR ORGANIZATION. IF YOU DO NOT WISH TO ACCEPT AND USE THE PRODUCT UNDER THESE TERMS AND SUBJECT TO THE LIMITATIONS OF THIS LICENSE, YOU MAY CHOOSE NOT TO ACCEPT BY SELECTING "I do not accept..." AND REMOVING THE SOFTWARE FROM YOUR COMPUTER.

eProductivity™ is a trademark of ICA.COM, Inc.  eProductivity™ is licensed for the exclusive use of authorized clients of ICA.COM, Inc., only. This software is composed of ICA's proprietary and copyrighted enhancements to the IBM/Lotus Notes R6, R7, R8, and R8.5 Mail Templates.  The original Notes R6, R7, R8, & R8.5 Notes™ Mail Templates are the property of IBM/Lotus®. It is subject to copyright and all other applicable legal and contractual protections.

"GTD®" and "Getting Things Done®" are Trademarks or registered trademarks of The David Allen Company. For more information on the David Allen Company’s products and services you may visit their website at www.davidco.com.

eProductivity for IBM Lotus Notes (the Software) is copyright 2000-2010 by ICA.COM, Inc. (ICA),  All rights are reserved.


License to Use, Term of License

The Software is licensed for the exclusive use of the user who registers with ICA.COM, Inc. at the time of downloading the software only. This person shall hereinafter be referred to as “the USER.”  The USER is granted a limited LICENSE to use the software subject to the following restrictions and limitations.

1. The license is to the original named USER as specified in the license authorization key, and is not transferable without prior written Permission from ICA.
2. The term of this license (“the Term”) is strictly limited to the term under which the USER downloaded the Software prior to installation.  If the Software was downloaded for demo or trial purposes, the Term is limited to the duration of the demo or trial period as currently set forth on the ICA.COM, Inc. eProductivity website or as set forth in the demo software or activation key provided, if any. If the USER purchased a license to use the Software, then the Term is equal to the license period purchased by the USER as set forth in the license activation key.  At the end of the demo or trial period, or at the end of the purchased license period, the Term of this License shall terminate and expire.  Upon such termination and expiration, USER shall have no further right to use the Software and shall remove it and all copies of it from USER’s and USER’s organization’s systems and archival media.      
3. The software may be used by the named USER on multiple computers owned or controlled by the named USER provided that only one copy of the software is in use at a time for per named USER.  This is a personal, single-USER license only; additional persons within USER’s organization may use the Software only by registering directly with ICA.COM, Inc. and downloading a separate, licensed version of the Software.  Organizations may license the Software by contacting ICA.COM, Inc. directly to discuss license terms and conditions.    
4. USER may copy, install and use the specified version of the ICA eProductivity™ Software for internal purposes to enhance his or her productivity in connection with USER’s business activities.  This license applies to the ICA eProductivity™ Software in its current form and as may be upgraded from time to time during the Term.  
5. USER shall have the right to make such internal copies, including archival or back-up copies, as are reasonably necessary to implement and obtain the benefits of the foregoing license.  Other than as expressly set forth above, USER shall have no right to use, copy or distribute the ICA eProductivity™ Software.  USER shall have no right to sell, distribute, license or sublicense the Software or to make it available to any persons or entities other than USER for his or her internal use.    
6. The USER may not engage in, nor permit third parties to engage in, any of the following:
A. Providing or permitting use of or disclosing the Software to third parties.
B. Providing use of the Software in a computer service business, network, timesharing or multiple user arrangement to users who are not individually licensed by ICA.
C. Making alterations or copies of any kind in the Software (except as specifically permitted above).
D. Attempting to disassemble, de-compile or reverse engineer the Software in any way.
E. Granting sublicenses, leases, or other rights in the Software to others.
F. Making copies, or verbal or media translations, of the user's guide.
G. Making telecommunication data transmission of the software.

ICA has the right to terminate this license if there is a violation of its terms or default by the USER. Upon termination for any reason, all copies of the Software must be immediately returned to ICA, and the USER shall be liable to ICA for any and all damages suffered as a result of the violation or default.

License Activation of eProductivity™ Software
eProductivity™ Software is activated for use by means of an electronic license activation key.  This license key will unlock the eProductivity™ Software for a specific USER, for a specific VERSION of the eProductivity™ Software for a specific TERM, as outlined below:

Depending on the terms of purchase, a license key may be authorized for a specific USER for a specific VERSION of eProductivity™ Software: (e.g. Version 1.x, 2.x, etc.) and for a specific TERM, (e.g. Perpetual, or Subscription, that is, authorized for a specific Term: e.g. XX Days, XX months or XX years, or through a specific date).

Upon installation of the eProductivity™ Software and prior to the acceptance of the eProductivity™ Software license agreement, the USER will be notified of the licensed user, version and term and when the current license period will end (if applicable).  If no license activation key is entered, the software will function for a brief trial period to allow the USER to evaluate the software and, if desired, obtain and enter a valid electronic license activation key. At the conclusion of this trial period, certain features of the eProductivity™ Software will cease to function. No USER data will be modified or deleted.

Each time the eProductivity™ Software is started from the Lotus Notes Workspace, it will examine the electronic license activation key to determine the authorized version  and term. In the absence of a valid license key, the terms of the trial period will apply.) If the current software version matches the electronic license activation key and the term is valid, the software will continue to function as normal. If the current software version does not match the electronic license activation key or the term is not valid, certain features of the eProductivity™ Software will cease to function. No USER data will be modified or deleted. Installing a current licensed and valid version of the eProductivity™ Software will restore all functionality, as before.

License inspection:
USER may inspect the status of the currently applied electronic license activation key at any time by clicking on the "eProductivity" menu button and selecting "Installation Tools\Manage License Information." This dialog will also permit USER to install a new electronic license activation key to extend the version or term of the license.

User notification:
For licensed software, beginning 17 days prior to the end of the license period the software will display an alert to inform the user that the license period is about to expire along with the number of days remaining and instructions to obtain a new license activation key. (Trial software may have a shorter term and different notification window.)  At the end of the license or trial period,  certain features of the eProductivity™ Software will cease to function. No USER data will be modified or deleted. Installing a current licensed and valid version of the eProductivity™ Software will restore all functionality, as before.

Upon notification that the eProductivity™ Software is about to expire or has expired, USER will have the option to a) purchase and install the latest version of the eProductivity™ Software, b) installing a new electronic license activation key to extend the license term, c) Continue using eProductivity™ Software with limited functionality, or d) uninstall the eProductivity™ Software from USER's computer altogether.

Automatic Activation Key Retrieval:
The eProductivity software is activated by means of a text key which is applied to enable the entitled features according to the license purchased. This key may be applied manually from the 'Installation Tools' menu, by copying and pasting a key provided in a license email. It may also be applied automatically using the built-in activation key retrieval system. The activation key retrieval is enabled by default; however, it may be disabled by the user from within the eProductivity user preferences. It will periodically poll the eProductivity license server to determine if a more current activation key is available and if so, automatically apply the key. During this process, the Notes user name (e.g. "John Doe/MyCompany") will be transmitted to our server in order to retrieve the correct activation key. The benefit of the automatic key retrieval mechanism is that the user will not need to manually apply the key to renew subscriptions, extending maintenance and support, or changing or upgrading to a different feature level. In the case of monthly subscriptions, this will eliminate the need to manually apply a new activation key each month.

Note: Some versions of eProductivity™ Software may contain a mechanism to prevent use of key features beyond a specified date
Certain versions of eProductivity™ Software (e.g. Trial, Pilot, and Preview versions)  may contain a mechanism to prevent the use of key features of the eProductivity™ software from being used after a specified date.

User notification:
Beginning 17 days prior to the end of the specified date, the software will display an alert to inform the user that key features of the eProductivity™ Software will cease to function along with the number of days remaining and instructions to obtain a new version of the software. (Note: Trial, Pilot, and Preview software may have a different term and number of days for the notifications. This will be displayed to USER.)  

Once this date is reached, certain key features of the eProductivity™ Software will cease to function. No USER data will be modified or deleted. Installing a current licensed and valid version of the eProductivity™ Software will restore all functionality, as before.

Upon notification that key features of the eProductivity™ Software will cease to function on a specified date, USER will have the option to a) install the latest version of the eProductivity™ Software, b) Continue using the eProductivity™ Software with limited functionality, or c) uninstall the eProductivity™ Software from USER's computer altogether.

License inspection:
USER may inspect the status of the currently applied electronic license activation key at any time by clicking on the "eProductivity" menu button and selecting "Installation Tools\Manage License Information." This dialog will also notify USER if the version eProductivity™ Software in use contains a mechanism to prevent use of certain features beyond a specified date and, if so, what that date is.

Proprietary Nature and Ownership of Software
This Software is composed of ICA's proprietary and copyrighted enhancements to the standard R5.x - R8.x IBM/Lotus® Notes™ Mail templates (and to any subsequent templates in effect during the Term hereof).  The original R5.x - R8.x Notes™ Mail templates are the property of IBM/Lotus®

USER acknowledges that ICA is the author and owner of all right, title and interest in the ICA eProductivity™ Software and all copyright, patent, trade secret, droits morale and other ownership and intellectual property rights and interests therein.  All rights not expressly granted herein are reserved by ICA.  All electronic and hard copies or printouts of any materials respecting the Software shall bear ICA’s copyright notice in the following form: “(c) 2000-2008, ICA.COM, Inc., All Rights Reserved.”  Title to the ICA eProductivity™ Software, along with all derivative works produced by ICA.COM, Inc, is and shall remain with ICA.COM, Inc.  All trademarks, service marks, logos and trade dress of ICA.COM, Inc. shall remain the sole and exclusive property of ICA.COM, Inc. and no license thereto is granted herein.  

Modifications to ICA eProductivity™ Software by ICA:
ICA may choose, at its sole discretion to make (or not make) additional upgrades, revisions, patches and fixes to the Software. ICA makes no representation, warranty or guarantees as to whether it will undertake any such improvements to the Software or as to the timing of any such upgrades or revisions.  Any customization, integration or consulting support or training requested by USER will be billed to client separately.

No Modifications to ICA eProductivity™ Software by USER:
USER will take reasonable steps to secure the proprietary information contained within the Software.  USER and his or her organization may not modify the Software in any manner whatsoever without further express, written agreement with ICA.COM, Inc.  ICA.COM, Inc. accepts no responsibility for any modifications made to the Software (whether authorized or not)  by USER or his or her organization.

Warranties
ICA warrants and represents that:

The Software contains no knowing or intentional infringements of any copyright, patent, trade secret or other property right of any third person.

ICA has the authority to enter into this Agreement and to perform all obligations hereunder, including, but not limited to, the grant of the license hereunder.

ICA has not granted any rights or licenses to any intellectual property or technology that would conflict with ICA's grant of a license hereunder.  

THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS CLAUSE ARE THE ONLY WARRANTIES GRANTED BY ICA WITH RESPECT TO THE SOFTWARE. ICA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE PRIOR TO THIS AGREEMENT.

Limitation of remedies and liability to USER
The ICA eProductivity™ Software is provided to USER for the personal use of USER only.

Neither  ICA.COM, Inc. (ICA), nor anyone else who has been involved in the creation, production or delivery of the programs or user manuals shall be liable to you for any damages of any type, including but not limited to, any lost profits, lost savings, loss of anticipated benefits, inconvenience, data recovery or repair expenses, or any other incidental or consequential damages arising out of the use or inability to sue such programs, whether arising out of a contract, negligence, strict tort, or under any warranty, or otherwise, (even if ICA has been advised of the possibility of such damages or for any other claim by any other party).  

ICA's total liability under this Agreement for damages, costs, and expenses, regardless of cause, shall not exceed the total amount of fees paid by USER under this Agreement.

USER shall indemnify ICA against all claims, liabilities and costs, including reasonable attorney fees, of defending any third party claim or suit, other than for infringement by ICA.COM of any third party’s intellectual property rights, arising out of or in connection with USER's use of the Software under this Agreement. ICA shall promptly notify USER in writing of such claim or suit and USER shall have the right to fully control the defense and any settlement of the claim or suit.

ENTIRE RISK
USER AND HIS OR HER ORGANIZATION ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. ICA DOES NOT WARRANT THAT THE SOFTWARE OR ITS FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.

This Agreement will be governed by the laws of the State of California.

The terms and conditions of this License may be changed at any time by ICA.COM, Inc. without prior notice to any licensee.  Any such changes which would affect an existing Licensee’s rights hereunder shall take effect upon the expiration of the then-current Term of this License and before the next renewal or extension thereof, if any.