1. Preamble:
This Agreement is between Mistral, a corporation incorporated under the laws of Ile Maurice ("Mistral") and each user (the "client") of Mistral's SpamRIP software
The corporate address for Mistral is as follows:
suite 340 Barkly Wharf -le Caudan Waterfront - Port Louis - MU
By installing the software, the client accepts and agrees to these terms and conditions.
The client acknowledges and aggrees that Mistral reserves the right to modify these terms and conditions or the online version of the terms and conditions at any time and without advance notice. By continuing to use the SpamRIP software after any such modification of these terms and conditions, the client accepts and agrees to the terms and conditions as modified.
2. Definitions:
SpamRIP : the software made available to the client and, its updates, if any.
Client: the person entitled to the right to use the SpamRIP software, as defined in the terms of use.
Use: with relation to the SpamRIP software, "use" means storing any part of the software on a computer, and/or transfer any part of the software to a machine for processing and/or compiling, executing or interpreting any machine instruction included in the software and/or displaying any part of the software through the above-mentioned machine instructions.
Computer system: the computer equipment on which the SpamRIP software is installed. The corresponding computer equipment can either be the property of Mistral, or of the client.
3. Terms of use:
The right granted by Mistral to the user is a personal, non-transferable, and non-exclusive right allowing him/her to use the software for a non commercial purpose and, if applicable, the computer system provided.
In any case, the client agrees to use the software in a manner that is in compliance with the law and professional code of ethics in force on the Internet.
More specifically, the client recognizes that in accordance with these terms and conditions, that he/she is solely responsible for the use of the software.
Mistral only makes available to the client a computer tool and it is the client's responsibility to control its end use.
Installation of the software is done at the client's own risk. The client hereby acknowledges that he/she has adequately researched and is aware of the specificities of the SpamRIP software and of its intrinsic characteristics. MISTRAL does not guarantee or warrant the compatibility between the computer system used by the client and the software, and more generally, its functioning on the client's computer equipment.
4. Ownership:
The client recognizes and acknowledges that the SpamRIP software is Mistral and its authors' sole and exclusive property.
SpamRIP, SpamRIP.com are the trademarks or registered trademarks of Mistral.
The client agrees to respect and comply with all copyrights and reproduction rights held by Mistral on or with respect to the software. In particular, the client must refrain and agrees to refrain from deleting the information text regarding Mistral's ownership of the software which is included automatically in all outgoing emails.
5. MISTRAL's obligations, limited warranty and limitation of warranty and limitation of liability:
5.1 LIMITED WARRANTY:
MISTRAL retains the right at its sole discretion to update or modify the software, without MISTRAL having any obligation to do so. In addition, the client is informed and acknowledges that any such updates or modifications will not be necessarily compatible with previous versions. Further, MISTRAL makes no guarantee or warranty concerning the use that could be made of the software.
5.2 EXCLUSION
The Client accepts the software and any computer equipment "AS IS" with all faults. MISTRAL hereby disclaims and excluded all other warranties and conditions, either express, implied or statutory, including, but not limited to any (if any) implied warranties or conditions of merchantability of fitness for a particular purpose and of lack of negligence or lack of workmanlike effort, all with regard to the software and any computer equipment.
Thus, MISTRAL does not offer any guarantee, warranty, expressed or implied, concerning the ability of the software to satisfy the client's needs, the absence of error in the operating of the software or the possible or actual correction of any flaw in the software.
MISTRAL cannot in any case be held responsible for any direct or indirect losses of any kind resulting from a flaw in the software or from its functioning on the computer system. In particular, MISTRAL does not warrant or guarantee the client an absence of breakdowns or of any freezing incidents, or that these freezes will not have consequences on the integrity of the software or on its functionalities.
5.3 EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMGAES.
To the maximum extent permitted by applicable law, in no event shall MISTRAL be liable for any special, incidental or consequential damages whatsoever (including but not limited to damages for loss of profits, for business interruption, for personal injury, for failure to meet any duty including of good faith or of reasonable care, for negligence and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use or the inability to use the software or any computer equipment.
6. Client's obligations
The client agrees not to make any commercial use of the software of any kind, to his/her own or someone else's benefit, and more generally the client agrees not to use the software in a way that violates or is contrary to these terms and conditions.
More generally, the client guarantees that the software will be used in accordance with the law and professional code of ethics in force on the Internet.
8. Applicable Law.
This Agreement and these terms and conditions shall be construed in accordance with the laws of the Ile Maurice.
11. Partial non-validity of the general terms, severability:
If any clause, paragraph, section or part of this Agreement or of these terms and conditions shall be held or declared to be void, invalid or illegal, for any reason, by any court of competent jurisdiction, such provision shall be ineffective but shall not in any way invalidate or affect any other clause, paragraph, section or part of this Agreement or these terms and conditions. The parties intend that all clauses, paragraphs, sections or parts of this Agreement and these terms and conditions shall be enforceable to the fullest extent permitted by law.
12. Acceptance:
Installation of the SpamRIP software and/or use of the SpamRIP software carries with it the full acceptance of these terms and conditions without any restrictions, exceptions or other agreements
13. Markovian filter:
Spamrip interfaces with the CRM114 Markovian filter which is licensed under the GPL. CRM114 is WITHOUT WARRANTY of ANY KIND. Sources, WIN32 binaries of CRM114, the TRE library, and related tools used can be found here.


