By installing or using the application, software and services known as iReadSMIME including any accompanying documentation, read-me files or other files (collectively, the "Application"), you individually or the entity on whose behalf you are acting ("You" or "Your") agree that Your use of this Application is subject to these Terms of Use and License Agreement ("Agreement"). READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO INSTALLING OR USING THE APPLICATION. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT DOWNLOAD THE APPLICATION OR YOU MUST DELETE THE APPLICATION FROM YOUR COMPUTER OR OTHER HARDWARE.

PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE APPLICATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

1. The Application
The application known as "iReadSMIME" (“Application”) is owned or licensed by and is being provided to You by Oceans' Edge Inc. and its affiliates (the "Company"). The Company may elect, in its sole discretion, to change, edit, or discontinue the Application at any time, without notice.

2. Ownership
By entering into this Agreement with Company, You agree that this is a license and not a sale of the Application. You agree that the Application, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and materials owned by or licensed to Company and protected by applicable intellectual property and other laws, including but not limited to trade secrets, copyright and patents, and that You will not use such proprietary information or materials in any way whatsoever except for use of the Application in compliance with the terms of this Agreement. Your rights to use the Application are limited to the terms specified in this Agreement, and nothing herein shall reduce or modify the Company's ownership of or rights in the Application. The Company retains and reserves all rights not expressly granted to You herein.

3. License
Subject to Your acceptance and ongoing compliance with the terms of this Agreement, the Company grants You a personal, non-exclusive, non-transferrable, and limited license to install and use the Application on a single authorized computing device located in the United States and its territories or any other country to which this Application is offered by the Company for use. Nothing in this Agreement grants You any rights to any related documentation, support, upgrades, maintenance or other enhancements to the Application, and Company has no obligation to furnish any such services regarding this Application.

4. Restrictions
You may not make copies of the Application, modify or create derivative works of the Application, decompile or reverse engineer the Application or otherwise attempt to create the source code from the Application, or in any way attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Application. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to Your use of the Application. No portion of the Application may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, or distribute Application, in any manner, and You shall not exploit the Application in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You may not release the results of any performance or functional evaluation of any Application to any third party without prior written approval of Company for each such release.

5. Changes
The Company reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify the Application or this Agreement, and to impose new or additional rules, policies, terms, or conditions on Your use of the Application. Unless expressly stated to the contrary, such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement.

6. Access
You must provide at Your own expense the hardware, computer, equipment, internet access, or wireless connection to access and use this Application.

7. Content
The Application may offer features that allow You to, among other things, submit, store, manipulate and distribute content selected or produced by You ("Individual Content"). You represent and agree that such Individual Content and any use by You of features that allow for the transmission, posting or sharing of Individual Content shall be Your sole responsibility, shall not infringe or violate the intellectual property or other rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, defamatory, objectionable or in poor taste, and that You have obtained all necessary rights, licenses or clearances necessary to engage in such activities.

8. Copyright
Copyright 2010, Oceans' Edge, Inc.

9. Trademarks
All Company logos and trademarks used in connection with the Application (including iReadSMIME, and the "iReadSMIME" character mark) are trademarks or registered trademarks of Company in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Application, including SecretAgent are the trademarks of their respective owners and are protected by US and international trademark laws and conventions. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. You may not use Company's name or other trademarks or refer to Company or Company's products directly or indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to any third party without the prior written approval of Company for each such use.

10. Termination
This license in this Agreement is effective until terminated. You may terminate the license at any time by permanently deleting the Application from Your computing device. This license automatically terminates if You fail to comply with the terms and conditions of this Agreement. You agree that, upon such termination, You will delete and permanently erase all copies of the Application.

11. Disclaimer of Warranties; Liability Limitations

11.1. THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE APPLICATION OR THE RESULTS OF ITS USE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE APPLICATION WILL BE CORRECTABLE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE APPLICATION IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE SUITABILITY, SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY OF THE APPLICATION IS WITH YOU AND NOT WITH COMPANY OR ITS LICENSORS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

11.2 THE COMPANY DOES NOT GUARANTEE THE PRIVACY OR SECURITY OF YOUR EMAIL MESSAGES.

11.3 iReadSMIME MAY NOT BE DELIVERED TO ENTITIES OR END USERS IN THE FOLLOWING COUNTRIES: CUBA, IRAN, NORTH KOREA, SUDAN, AND SYRIA.

11.4. IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE APPLICATION OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, LOSS OF DECRYPTION KEYS, LOSS OF DATA, EMAIL CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR FEATURE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY'S TOTAL AND CUMULATIVE LIABILITY UNDER THIS AGREEMENT OR ARISING IN ANY WAY FROM YOUR USE OF THE APPLICATION EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE APPLICATION. THE LIMITATION AND DISCLAIMER CONTAINED IN THIS SECTION ARE INDEPENDENT OF ANY AGREED REMEDY.

12. Waiver and Indemnity
BY USING THE APPLICATION, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS LICENSE, YOUR USE OF THE APPLICATION, YOUR INDIVIDUAL CONTENT OR ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION BY YOU OF THIS LICENSE.

13. Governing Law and Venue
This Agreement will be governed by and construed using Virginia, USA law, without giving effect to Virginia, USA conflict of law provisions or to constructive presumptions favoring either party. You hereby submit to the sole and exclusive jurisdiction of the courts of Fairfax County, Virginia to resolve any dispute related to or arising under this Agreement. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

Any failure by Licensors to enforce or exercise any provision of this License or related right shall not constitute a waiver of that right or provision.

If any legal action is taken by the Company in connection with this Agreement and the Company is the prevailing party in any such legal action, the Company shall be entitled to recover its attorneys' fees, costs, and other expenses incurred in such legal action.

14. Open Source Software
The Application contains the following third-party Open Source Software: libEtPan!. This Open Source Software is subject to the BSD License terms located at http://sourceforge.net/projects/libetpann/.

15. Miscellaneous
If any provision of this Agreement shall be unlawful, void, or unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement is the complete, final and exclusive statement of the agreement between the parties with respect to the subject matter hereof, and supersedes any proposal or prior contemporaneous agreement or communications between the parties (whether oral or written) relating to the subject matter hereof. This Agreement may only be modified in a writing signed by both parties. No failure or delay (in whole or in part) on the part of either party to exercise any right or remedy hereunder shall operate as a waiver thereof or affect any other right or remedy. Waiver of a breach shall not waive the right to enforce any subsequent breach under this Agreement. If You have any questions regarding this Agreement, You may contact us at the address located at: www.oceansedge.biz/iReadSMIME/.

16. Government Rights

This Section applies to all acquisitions or transfers of the Application by the U.S. Government, or by any prime contractor or subcontractor (at any tier) under any contract, grant cooperative agreement, or other activity with the U.S. Government. By accepting the Application, the U.S. Government hereby agrees that the Application qualifies as “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4 (October 2002), all U.S. Government users acquire the Application with only those rights set forth in this Agreement. The terms and conditions of this Agreement shall apply to the U.S. Government’s use, duplication and disclosure of the Application, and shall supersede any conflicting contractual terms or conditions. If this Agreement fails to meet the U.S. Government’s minimum needs or is inconsistent in any respect with Federal law, the U.S. Government agrees to delete and/or remove the Application from any computer or related device.

17. Electronic Signatures and Contracts; Sufficient Legal Age
Your use of the Application includes the ability to enter into agreements electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS LICENSE. YOU REPRESENT THAT YOU ARE OF A SUFFICIENT LEGAL AGE NECESSARY TO LEGALLY ENTER INTO AND BE BOUND BY LEGAL AGREEMENTS FORMED THROUGH THE APPLICATION. IF YOU ARE UNDER THE AGE OF 18, USE OF THE APPLICATION SHOULD ONLY OCCUR WITH THE CONSENT OF YOUR PARENT OR GUARDIAN.

18. Survival

The provisions of Sections 2, 4, 9, 11, 12 and 13 shall survive the termination of this Agreement.