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End-User License Agreement (EULA) for Mustang

This End-User License Agreement ("EULA") is a legal agreement between you and Mustang GmbH.

Mustang, also called Mustang Mail, is an email application software for your computer or mobile phone that allows you to read and write emails, chat and otherwise exchange information through servers of your choice. These servers are typically maintained by you or a third-party that you chose to hold your data, or that you chose to communicate with.

This document

This EULA agreement governs your acquisition and use of Mustang ("Software") directly from Mustang GmbH or indirectly through a Mustang GmbH authorized reseller or distributor.

Please read this EULA agreement carefully before downloading, completing the installation process or using the Mustang software. It provides a license to use the Mustang software and contains warranty information and liability disclaimers.

This EULA agreement will also govern any trial period that you use without payment. By downloading, installing or using the Mustang software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement. Mustang GmbH has fulfilled its side of the contract when you download the software.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied herewith und created solely by Mustang GmbH, regardless of whether other software is referred to or described herein. The terms also apply to any Mustang GmbH updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

Limitations

Mustang GmbH makes no representation that Mustang will work with any specific server, computer, phone or party. Changes in third party servers or changes in circumstances can break Mustang's functionality, and Mustang GmbH makes no promises to adapt Mustang in such a case.

Mustang GmbH also makes no representation that the Software is fit for or works for any specific purpose, including the purposes stated above. You have a one month free trial period, during which you can evaluate the fitness of the Software and whether it works in your circumstances, your devices, your software and your server. Please use this trial period to assess the Software for your circumstances. If you are not happy with its performance or characteristics, please do not use it and do not pay for it.

No warranty is provided for the software. Notwithstanding anything to the contrary and to the maximum extent permitted by applicable law, Mustang GmbH provides the software "as-is" and disclaims and excludes all warranties and conditions, whether statutory, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement of third-party rights. Mustang GmbH makes no warranty that the software will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free. Mustang GmbH does accept responsibility for willful or gross misconduct on its own part.

License Types

There are different forms of licenses:

Trial license: You have a one-time, one month trial period, during which you can use the software at no cost to you. After that, you need to purchase a software license.

Individual licenses can be purchased only by private consumers and are assigned to a specific email address. You may use the license for your professional email addresses and work, but you as the private person are the customer in terms of this license. Companies and organisations cannot buy such licenses.

Domain licenses can be purchased by companies and organisations and are assigned to an email domain during purchase, with a given number of user licenses. Up to the number of purchased user licenses, users with email addresses in that domain can use these user licenses in order to use these email addresses with Mustang. Once used, licenses are assigned to a specific email address for the rest of the licensed year and cannot be reused by other users.

For licensing, the outgoing email address as seen in the "From:" field per RFC 2822 Section 3.6.2 is used as email address. If you use multiple email addresses with Mustang, you need a license for each such email address.

License Grant

Mustang GmbH hereby grants you a personal, non-transferable, non-exclusive licence to use the Mustang software on your devices in accordance with the terms of this EULA agreement.

The license typically lasts for one year or one month, and will be billed automatically for every term. It renews automatically, until cancellation.

You are permitted to load the Mustang software under your control, for example on your PC or laptop. You are responsible for ensuring your device and your server meet the minimum requirements of the Mustang software.

Intellectual Property and Ownership

Mustang GmbH shall at all times retain ownership of the Software as originally downloaded by you, all subsequent downloads of the Software by you, and all modifications and derivates. The Software (and the copyright, the trademark, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto and derivates made based on it) are and shall remain the property of Mustang GmbH.

You are not permitted to:

Should you violate any of the above provisions after "You are not permitted to", in addition to penalties and other damages, you agree to reimburse Mustang GmbH for the financial damage or loss of income that likely resulted from your actions, based on a reasonable estimate made by Mustang GmbH.

Mustang GmbH reserves the right to grant licences to use the Software to third parties.

If you contribute feedback or bug fixes, you give Mustang GmbH all rights to use them, including to improve the software and to publish your statements as testimonials.

Termination

This EULA agreement is effective from the date you first download or use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Mustang GmbH.

It will also terminate immediately, if you do not pay after the trial period, fail to pay the renewal, request a reimbursement, or fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software, and to delete all your copies. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing law, privacy and rescue clause

In case of a dispute, private end users may file a complaint at the EU Online Dispute Resolution.

The governing Privacy Policy is part of this contract.

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Germany and settled in courts applicable for Wiesbaden, Germany, as far as permissible by law.

In the event that any part of this agreement is invalid or unenforceable, the terms shall be adapted or modified so that they are enforceable and most closely reflect the original intent of the terms.

Mustang GmbH
Kantstr. 16
65232 Taunusstein bei Wiesbaden
Germany

CEO: Ben Bucksch
Handelsregister: Amtsgericht Wiesbaden, HRB 34981