# Jolimail Source Available License (JSAL) Agreement
This Agreement sets forth the terms on which the Licensor makes available the Software. BY INSTALLING,
DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE.
If you are receiving the Software on behalf of a legal entity, you represent and warrant that you have
the actual authority to agree to the terms and conditions of this agreement on behalf of such entity.
The terms below have the meanings set forth below for purposes of this Agreement:
**Agreement:** this Jolimail Source Available License Agreement.
**Email Product:** any of the following products or services: (a) email template; (b) email relay; (c) email sender; (d) email box; (e) a product or service exposing the Catapulte API; (f) a product or service exposing the Jolimail API; (g) a product or service exposing the MRML API; (h) a product or service exposing any Jolimail module API; or (i) a product or service exposing the Software API.
**License:** the Jolimail Source Available License described in Section 1
**Licensor:** as indicated in the source code license.
**Modification:** a modification of the Software made by You under the License, Section 1.1(c).
**Jolimail:** the open source Jolimail software as described in jolimail.io.
**Software:** certain software components designed to work with Jolimail and provided to you under this Agreement.
**You:** the recipient of this Software, an individual, or the entity on whose behalf you are receiving the Software.
**Your Application:** an application developed by or for You, where such application is not an Email Product or service.
1) LICENSE GRANT AND CONDITIONS
1.1) Subject to the terms and conditions of this Section 1, Licensor hereby grants to You a non-exclusive, royalty-free, worldwide, non-transferable license during the term of this Agreement to:
a) **distribute** or make available the Software or your Modifications under the terms of this Agreement, only as part of Your Application, so long as you include the following notice on any copy you distribute: “This software is subject to the terms of the Jolimail Source Available License Agreement”.
b) **use** the Software, or your Modifications, only as part of Your Application, but not in connection with any Email Product that is distributed or otherwise made available by any third party.
c) **modify** the Software, provided that Modifications remain subject to the terms of this License.
d) **reproduce** the Software as necessary for the above.
1.2) **Sublicensing.** You may sublicense the right to use the Software fully embedded in Your Application as distributed by you in accordance with Section 1.1(a), pursuant to a written license that disclaims all warranties and liabilities on behalf of Licensor.
1.3) **Notices.** On all copies of the Software that you make, you must retain all copyright or other proprietary notices.
2) **TERM AND TERMINATION.** This Agreement will continue unless and until earlier terminated as set forth herein. If You breach any of its conditions or obligations under this Agreement, this Agreement will terminate automatically and the licenses granted herein will terminate automatically.
3) **INTELLECTUAL PROPERTY.** As between the parties, Licensor retains all right, title, and interest in the Software, and to Jolimail or other Licensor trademarks or service marks, and all intellectual property rights therein. Licensor hereby reserves all rights not expressly granted to You in this Agreement.
4) **DISCLAIMER.** TO THE EXTENT ALLOWABLE UNDER LAW, LICENSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. Licensor has no obligation to support the Software.
5) **LIMITATION OF LIABILITY.** TO THE EXTENT ALLOWABLE UNDER LAW, LICENSOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, ARISING OUT OF OR RELATING TO THIS AGREEMENT.
6) **GENERAL.** You are not authorized to assign Your rights under this Agreement to any third party. Licensor may freely assign its rights under this Agreement to any third party. This Agreement is the entire agreement between the parties on the subject matter hereof. No amendment or modification hereof will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties. In the event that any provision, including without limitation any condition, of this Agreement is held to be unenforceable, this Agreement and all licenses and rights granted hereunder will immediately terminate. Failure by Licensor to exercise any right hereunder will not be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.