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Terms of Use

Digital Millennium Copyright Act

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). The text of the DMCA can be found at the U.S. Copyright Office Web Site. If we remove or disable access to comply with the DMCA, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who may make it available to the public.

INFRINGEMENT NOTIFICATION

INFRINGEMENT NOTIFICATION

To be effective, a notification of claimed infringement must be a written communication provided to our designated agent that includes substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DO NOT MAKE UNFOUNDED CLAIMS OF INFRINGEMENT. You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that your copyrights are being infringed. For example, in the case OPG vs. Diebold (http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/), a company that made unfounded claims of infringement agreed to pay over $100,000 in damages after it was ordered to pay such costs and attorneys fees.

COUNTER NOTIFICATION
Pursuant to the DMCA, the administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter notification, we will reinstate the material in question, consistent with the DMCA. A sample counter notification may be found at https://www.cs.cmu.edu/~dst/Terrorism/form-letter.html.

A counter notification must be a written communication provided to our designated agent that includes substantially the following:

  1. A physical or electronic signature of the subscriber.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, Santa Clara County, California, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.

DO NOT MAKE UNFOUNDED COUNTER-NOTIFICATIONS. You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent you are not infringing the copyrights of others.

DESIGNATED AGENT

Robert Zager
ICONIX, INC.
741 Kalthoff Common
Livermore, CA 94550

Telephone: 4O8-727-6342 x 704

OR FAX TO:
ATTN: DMCA Complaints
877-324-8360

Or you may use our contact form.

revised 5/9/2023

U.S. Patents:

US 7,413,085     Techniques for Displaying Emails Listed in an Email Inbox
US 7,422,115     Techniques for to Defeat Phishing
US 7,457,955     Method and Apparatus for Trusted Branded Email 
US 7,487,213     Techniques for Authenticating Email
US 7,801,961     E-Mail Message Authentication and Marking Extending Standards Complaint Techniques
US 8,073,910    User Interface for Email Inbox to Call Attention Differently to Different Classes of Email
US 8,621,217     Method and Apparatus for Trusted Branded Email
US 8,903,742    Techniques are presented for uniquely identifying authentication associated with messages
US 9,137,048    User Interface for Email Inbox to Call Attention Differently to Different Classes of Email
US 9,325,528    System and Method for Securely Performing Multiple Stage Email Processing With Embedded Codes
US 9,825,972     Method and Apparatus for Trusted Branded Email
US 10,063,545 Rapid Identification of Message Authentication
US 10,110,530 Authenticating and Confidence Marking E-Mail Messages
US 10,248,958 Techniques for integrating external content from advertising services into client applications
US 10,277,397 E-Mail Message Authentication Extending Standards Compliant Techniques
US 10,298,596 Method and apparatus for trusted branded email
US 10,541,956 Methods and systems for authenticating and confidence marking e-mail messages are described
US 10,594,645 User Interface for email inbox to call attention differently to different classes of email
US 10,771,418 System and method for securely performing multiple stage email processing with embedded codes
US 10,951,629 Method and apparatus for trusted branded email
US 11,159,523 Rapid identification of message authentication
US 11,271,883 System and method for securely performing multiple stage email processing with embedded codes
US 11,343,215 User interface for email inbox to call attention differently to different classes of email
US 11,416,875 Techniques for integrating external content from advertising services into client applications
US 11,641,332 Authentication and confidence marking e-mail messages
US 11,711,377 Method and apparatus for trusted branded email
US 11,770,353 System and method for securely performing multiple stage email processing with embedded codes

Other patents pending in the United States and internationally regarding the ICONIX software and the ICONIX service.

Copyrights & Trademarks

1. ICONIX Copyright and Patent Information

The software of ICONIX is copyright © 2005 – 2013. All rights reserved.

2. ICONIX, Inc. Brand Usage & Third Party Permissions

2.1 The Brands of ICONIX, Inc. and the Independence of ICONIX, Inc.

Iconix, Truemark, and the Iconix logo are registered trademarks in the United States and Iconix, Truemark, the Iconix logo, the Check-lock icon, “Trusted, Branded Email”, “Check‑lock”, “eMail ID”, “SP Guard”, eBox, “Email IFF”, and the Iconix enabled logo are trademarks or service marks of ICONIX, Inc.

ICONIX, Inc. develops its products and provides its services independent of any of the businesses and organizations identified on this website.

2.2 Third Party Trademarks and Service Marks

The Iconix service displays many third party favicons. Iconix displays third party favicons for the purpose of identifying the sender of email for the benefit of recipients of email so that recipients can quickly, easily and accurately identify the source of email. Unless an affiliation is stated in this clause 2.2, Iconix is not affiliated with any of the senders of email which is marked by the Iconix service. The display of a third party favicon does not imply that the third party has subscribed to or endorsed the Iconix service. Please advise Iconix of any erroneous identifications by using our contact form.

Release date: 8/4/17

ICONIX, INC.

END-USER LICENSE AGREEMENT

WEB/INTERNET

Iconix® eMail ID

This agreement is made by and between ICONIX, Inc., a Delaware corporation, and you (“You”).

END OF SUPPORT: 12/31/12

End of support refers to the date when ICONIX. Inc. no longer provides automatic fixes, updates, or technical assistance. Without ICONIX, Inc. support, you will no longer receive updates that maintain the functionality of the Software.

ICONIX, INC. DOES NOT RETAIN PERSONALLY IDENTIFIABLE INFORMATION. SEE PARAGRAPH 11 FOR DETAILS.

ICONIX, Inc and You agree:

1.0 Definitions.

1.1 You means the person or entity designated above and any person or company affiliated with same.

1.2 Products means the concepts, ideas, programs (source and object) and manuals that are encompassed in the Iconix® eMail ID software. Also included are all modifications, variations and enhancements thereof, regardless of the source of such modifications, variations or enhancements.

2.0 License, Non-disclosure and Ownership.

2.1 License. The Iconix brand application, whether downloaded electronically, on disk, CD-ROM, tape or other media or embedded in ROM (the “Software”), and related documentation are licensed to you by ICONIX, Inc. for your personal use. You will not utilize or incorporate any of the Software into any other product. You own the media, if any, on which the Software is recorded and the written documentation, if any, but ICONIX, Inc. retains title to the Software. Copying of the written documentation is prohibited without the express written permission of ICONIX, Inc. This License allows you to use the Software and to make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy the ICONIX, Inc. copyright notice and any other proprietary legends that were on the original copy of the Software. The Software is not designed or licensed for use in in-line control of equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or direct life support machines.

2.2 Restrictions. The Software contains copyrighted material, trade secrets, and other proprietary information, and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not use the Software for the purpose of determining how the Software functions nor to develop, create or improve products (whether software and/or hardware) which perform functions similar to the Software. If you wish to exercise any rights under Article 6.1 b of the EC Directive on the Legal Protection of Software, (Directive 91/250), you shall, prior to any such exercise, write to the Legal Department of ICONIX, Inc. Except as set forth in paragraph 2.1, you may not modify, network (except as required for normal use of the Software), rent, lease, loan, sell, distribute, or create derivative works based upon the Software in whole or in part. You may not electronically transfer the Software from one computer to another over a network, except as required for normal use of the Software.

2.3 ICONIX, Inc. owns Products. ICONIX, Inc. retains ownership of all Products provided to You as covered in this License. You may not take or copy all or any part of the source code or resultant object modules or Products of object modules in any form.

2.4. Your Confidential Information and Ideas. ICONIX, Inc. does not want to receive confidential or proprietary information from You regarding Products. Please note that any information or material provided to ICONIX, Inc. regarding Products will be deemed NOT to be confidential. By providing ICONIX, Inc. with any information or material regarding Products, You grant ICONIX, Inc. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and You also agree that ICONIX, Inc. is free to use any ideas, concepts, know-how or techniques regarding Products that You send to ICONIX, Inc. for any purpose. However, ICONIX, Inc. will not release Your name or otherwise publicize the fact that You submitted materials or other information to ICONIX, Inc. unless: (a) ICONIX, Inc. asks for and receives Your written permission to use Your name; or (b) ICONIX, Inc. is required to do so by law.

2.5. Automatic Updates. You agree to the automatic update process described at the top of this EULA.

3.0. Beta Product. This paragraph 3 sets forth the terms and conditions that apply to you if you use “Beta Products”. Beta Products are products that ICONIX, Inc. makes available for testing purposes. You agree that the value of a beta test derives in large part from the amount of use and from the completeness of reports concerning use, and you will be diligent in your efforts to test the Beta Products. You agree to promptly and completely report to ICONIX, Inc. all useful information derived from testing of the Beta Products consistent with any test plan provided to you by ICONIX, Inc. These tests are performed for the benefit of ICONIX, Inc. When you are using a Beta Product, you must use the most current version of the Product that is being tested; any less-current Product must be updated and must not be used. You are licensed only to use the Beta Products and information you learn from testing for purposes of testing and reporting test results to ICONIX, Inc. for the benefit of ICONIX, Inc. and for no other purpose.

4.0 Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software and all copies thereof. This License will terminate immediately without notice from ICONIX, Inc. if you fail to comply with any provision of this License. Upon termination you must destroy the Software and all copies thereof.

5.0 Export Law Assurances. You agree and certify that neither the Product nor any other technical data received from ICONIX, Inc., nor the direct product thereof, will be exported outside the United States except as permitted by the laws and regulations of the United States.

6.0 Government End Users.

6.1 General. If this Software is acquired by or on behalf of a unit or agency of the United States Government, this provision applies. This Software (i) was developed at private expense, and no part of it was developed with government funds; (ii) is a trade secret of ICONIX, Inc. which are subject to exemption of 5 USC Sec. 552(b)(4) for all purposes of the Freedom of Information Act; (iii) is “commercial computer software” subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to ICONIX, Inc.

6.2 DOD. For units of the Department of Defense (DOD), this Software is sold only with “Restricted Rights” as that term is defined in the DOD Supplement to the Federal Acquisition Regulations (“DFARS”) 52.227-7013 (c)(1)(ii), and use, duplication, or disclosure is subject to restrictions as set forth in subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013. Manufacturer: ICONIX, Inc., 255 W. Julian St., Suite 302, San Jose, California 95110.

6.3 GSA. If this Software was acquired under a GSA Schedule, the Government has agreed (i) to refrain from changing or removing any insignia or lettering from the Software that is provided and from producing copies of manuals or media (except one copy for backup purposes); (ii) that title to and ownership of this Software and any reproductions thereof shall remain with ICONIX, Inc.; (iii) that use of this Software shall be limited to the facility for which it is acquired; and (iv) that if use of the Software is discontinued at the installation specified in the purchase/delivery order and the Government desires to use it at another location, it may do so by giving prior written notice to ICONIX, Inc., specifying the type of computer and new location site.

6.4 Other Government Users. Government personnel using this ICONIX, Inc. Software, other than under a DOD contract or GSA Schedule, are hereby on notice that use of this Software is subject to restrictions that are the same as, or similar to, those specified above.

7.0 Limited Warranty on Media and Physical Embodiment of the Documentation. To the extent You are receiving Products on media, ICONIX, Inc. warrants that such media is free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. ICONIX, Inc. warrants that the physical embodiment of the written documentation is free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. ICONIX, Inc.\’s entire liability and your exclusive remedy will be replacement of the media and/or written documentation that does not meet ICONIX, Inc.’s limited warranty and is returned to ICONIX, Inc. or an ICONIX, Inc. authorized representative with a copy of the receipt. ICONIX, Inc. will have no responsibility to replace media or written documentation damaged by accident, abuse, or misapplication. ANY IMPLIED WARRANTIES ON THE MEDIA AND/OR THE PHYSICAL EMBODIMENT OF THE WRITTEN DOCUMENTATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

8.0 Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided “AS IS” and without warranty of any kind and ICONIX, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ICONIX, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, ICONIX, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ICONIX, INC. OR A ICONIX, INC. AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ICONIX, INC. OR AN ICONIX, INC. AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ICONIX, INC. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF ICONIX, INC. OR AN ICONIX, INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.0 Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF PARAGRAPHS 7, 8 AND 9 MAY NOT APPLY TO YOU.

11.0. Privacy.

11.1. How the Software Functions. The Software uses icons to visually identify email sent to You by others. In order to provide You with this identification, the Software collects information about: i) the sender that is embedded in the email and ii) the system environment (operating system version, browser type and email type) in which the plug-in runs and then transmits that information to ICONIX, Inc. ICONIX, Inc. then sends instructions to Your computer to display the icons, if any, associated with the sender. ICONIX, Inc. maintains a logfile on your computer related to the system environment and the senders that are marked by the Software. This logfile improves the performance of the software and enables the display of icons when You are off-line. This log file is transmitted to ICONIX, Inc. from time to time and is used by ICONIX, Inc. to improve its services and to provide statistical information to senders of email. Senders may include Personally Identifiable Information in email headers which ICONIX, Inc. delivers to respective Senders; for example, if Sender A includes a customer identification number in its email header, ICONIX, Inc. may deliver that email header ONLY to Sender A. ICONIX, Inc. does not retain any individual, non-aggregated Personally Identifiable Information gathered on behalf of senders and ICONIX, Inc. does not use for its own purposes any individual, non-aggregated Personally Identifiable Information gathered on behalf of senders.

11.2. Iconix Feedback Component. If You have elected to activate the Iconix Feedback Component, then the logfile maintained on Your computer and provided to ICONIX, Inc. will collect non-Personally Identifiable Information related to all senders. This data will be used by ICONIX, Inc. to maintain its list of senders whose email is marked by ICONIX, Inc. ICONIX, Inc. does not collect any Personally Identifiable Information regarding senders who are not marked by the Software.

11.3. Definition of Personally Identifiable Information. Personally Identifiable Information means any identifier that permits the physical or online contacting or identification of a specific individual.

12.0 Miscellaneous.

12.1 Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the State of California, except that body of California law concerning conflicts of law. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

12.2 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this License must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12.3 Survival. Those provisions which, but their nature, survive the termination of this License shall continue in full and force and effect following termination.

12.4 Revisions of this License. ICONIX, Inc. may modify the terms and conditions of this Agreement at any time by posting the substitute agreement at Legal. ICONIX, Inc. will maintain Legal so that it will always be current. Your continued use of this Software constitutes Your agreement to any changes that ICONIX, Inc. makes to this Agreement.

12.5 Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. For purposes of this License the term “ICONIX, Inc.” includes the entities under the control of ICONIX, Inc.

Effective date: 1/1/13

ICONIX, INC.

END-USER LICENSE AGREEMENT

Iconix® SP Guard

This agreement is made by and between ICONIX, Inc., a Delaware corporation, and you (“You”).

ICONIX, INC. DOES NOT RETAIN PERSONALLY IDENTIFIABLE INFORMATION. SEE PARAGRAPH 11 FOR DETAILS. YOUR EMPLOYER WILL COLLECT AND RETAIN DATA CONSISTENT WITH THE PRACTICES OF YOUR ORGANIZATION.

ICONIX, Inc and You agree:

1.0. Definitions.

1.1. You means the person using SP Guard.

1.2. Products means the concepts, ideas, programs (source and object) and manuals that are encompassed in the Iconix® SP Guard software. Also included are all modifications, variations and enhancements thereof, regardless of the source of such modifications, variations or enhancements.

1.3. Employer means the entity providing the email system being used with SP Guard.

2.0. License, Non-disclosure and Ownership.

2.1. License. The Iconix brand application, whether downloaded electronically, on disk, CD-ROM, tape or other media or embedded in ROM (the “Software”), and related documentation are licensed to you by ICONIX, Inc. for your personal use. You will not utilize or incorporate any of the Software into any other product. You own the media, if any, on which the Software is recorded and the written documentation, if any, but ICONIX, Inc. retains title to the Software. Copying of the written documentation is prohibited without the express written permission of ICONIX, Inc. This License allows you to use the Software and to make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy the ICONIX, Inc. copyright notice and any other proprietary legends that were on the original copy of the Software. The Software is not designed or licensed for use in in-line control of equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or direct life support machines.

2.2. Restrictions. The Software contains copyrighted material, trade secrets, and other proprietary information, and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not use the Software for the purpose of determining how the Software functions nor to develop, create or improve products (whether software and/or hardware) which perform functions similar to the Software. If you wish to exercise any rights under Article 6.1 b of the EC Directive on the Legal Protection of Software, (Directive 91/250), you shall, prior to any such exercise, write to the Legal Department of ICONIX, Inc. Except as set forth in paragraph 2.1, you may not modify, network (except as required for normal use of the Software), rent, lease, loan, sell, distribute, or create derivative works based upon the Software in whole or in part. You may not electronically transfer the Software from one computer to another over a network, except as required for normal use of the Software.

2.3. ICONIX, Inc. owns Products. ICONIX, Inc. retains ownership of all Products provided to You as covered in this License. You may not take or copy all or any part of the source code or resultant object modules or Products of object modules in any form.

2.4. Your Confidential Information and Ideas. ICONIX, Inc. does not want to receive confidential or proprietary information from You regarding Products. Please note that any information or material provided to ICONIX, Inc. regarding Products will be deemed NOT to be confidential. By providing ICONIX, Inc. with any information or material regarding Products, You grant ICONIX, Inc. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and You also agree that ICONIX, Inc. is free to use any ideas, concepts, know-how or techniques regarding Products that You send to ICONIX, Inc. for any purpose. However, ICONIX, Inc. will not release Your name or otherwise publicize the fact that You submitted materials or other information to ICONIX, Inc. unless: (a) ICONIX, Inc. asks for and receives Your written permission to use Your name; or (b) ICONIX, Inc. is required to do so by law.

2.5. Automatic Updates. You agree to the automatic update process described at the top of this EULA.

3.0. Beta Product. This paragraph 3 sets forth the terms and conditions that apply to you if you use “Beta Products”. Beta Products are products that ICONIX, Inc. makes available for testing purposes. You agree that the value of a beta test derives in large part from the amount of use and from the completeness of reports concerning use, and you will be diligent in your efforts to test the Beta Products. You agree to promptly and completely report to ICONIX, Inc. all useful information derived from testing of the Beta Products consistent with any test plan provided to you by ICONIX, Inc. These tests are performed for the benefit of ICONIX, Inc. When you are using a Beta Product, you must use the most current version of the Product that is being tested; any less-current Product must be updated and must not be used. You are licensed only to use the Beta Products and information you learn from testing for purposes of testing and reporting test results to ICONIX, Inc. for the benefit of ICONIX, Inc. and for no other purpose.

4.0. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software and all copies thereof. This License will terminate immediately without notice from ICONIX, Inc. if you fail to comply with any provision of this License. Upon termination you must destroy the Software and all copies thereof.

5.0. Export Law Assurances. You agree and certify that neither the Product nor any other technical data received from ICONIX, Inc., nor the direct product thereof, will be exported outside the United States except as permitted by the laws and regulations of the United States.

6.0. Government End Users.

6.1. General. If this Software is acquired by or on behalf of a unit or agency of the United States Government, this provision applies. This Software (i) was developed at private expense, and no part of it was developed with government funds; (ii) is a trade secret of ICONIX, Inc. which are subject to exemption of 5 USC Sec. 552(b)(4) for all purposes of the Freedom of Information Act; (iii) is “commercial computer software” subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to ICONIX, Inc.

6.2. DOD. For units of the Department of Defense (DOD), this Software is sold only with “Restricted Rights” as that term is defined in the DOD Supplement to the Federal Acquisition Regulations (“DFARS”) 52.227-7013 (c)(1)(ii), and use, duplication, or disclosure is subject to restrictions as set forth in subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013. Manufacturer: ICONIX, Inc., 255 W. Julian St., Suite 302, San Jose, California95110.

6.3. GSA. If this Software was acquired under a GSA Schedule, the Government has agreed (i) to refrain from changing or removing any insignia or lettering from the Software that is provided and from producing copies of manuals or media (except one copy for backup purposes); (ii) that title to and ownership of this Software and any reproductions thereof shall remain with ICONIX, Inc.; (iii) that use of this Software shall be limited to the facility for which it is acquired; and (iv) that if use of the Software is discontinued at the installation specified in the purchase/delivery order and the Government desires to use it at another location, it may do so by giving prior written notice to ICONIX, Inc., specifying the type of computer and new location site.

6.4. Other Government Users. Government personnel using this ICONIX, Inc. Software, other than under a DOD contract or GSA Schedule, are hereby on notice that use of this Software is subject to restrictions that are the same as, or similar to, those specified above.

7.0. Limited Warranty on Media and Physical Embodiment of the Documentation. To the extent You are receiving Products on media, ICONIX, Inc. warrants that such media is free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. ICONIX, Inc. warrants that the physical embodiment of the written documentation is free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. ICONIX, Inc.’s entire liability and your exclusive remedy will be replacement of the media and/or written documentation that does not meet ICONIX, Inc.’s limited warranty and is returned to ICONIX, Inc. or an ICONIX, Inc. authorized representative with a copy of the receipt. ICONIX, Inc. will have no responsibility to replace media or written documentation damaged by accident, abuse, or misapplication. ANY IMPLIED WARRANTIES ON THE MEDIA AND/OR THE PHYSICAL EMBODIMENT OF THE WRITTEN DOCUMENTATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

8.0. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided “AS IS” and without warranty of any kind and ICONIX, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ICONIX, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, ICONIX, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ICONIX, INC. OR A ICONIX, INC. AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ICONIX, INC. OR AN ICONIX, INC. AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

9.0. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ICONIX, INC. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF ICONIX, INC. OR AN ICONIX, INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.0. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF PARAGRAPHS 7, 8 AND 9 MAY NOT APPLY TO YOU.

11.0. Privacy.

11.1. How the Software Functions. The Software uses icons to visually identify email sent to You by others. In order to provide You with this identification, the Software collects information about: i) the sender that is embedded in the email and ii) the system environment (operating system version, browser type and email type) in which the plug-in runs and then transmits that information to ICONIX, Inc. ICONIX, Inc. then sends instructions to Your computer to display the icons, if any, associated with the sender. ICONIX, Inc. maintains a logfile on your computer related to the system environment and the senders that send you email. This logfile improves the performance of the software and enables the display of icons when You are off-line. This log file is transmitted to ICONIX, Inc. from time to time and is used by ICONIX, Inc. to improve its services and to provide statistical information to senders of email. Senders may include Personally Identifiable Information in email headers which ICONIX, Inc. delivers to respective Senders; for example, if Sender A includes a customer identification number in its email header, ICONIX, Inc. may deliver that email header ONLY to Sender A. ICONIX, Inc. does not retain any individual, non-aggregated Personally Identifiable Information gathered on behalf of senders and ICONIX, Inc. does not use for its own purposes any individual, non-aggregated Personally Identifiable Information gathered on behalf of senders. In addition, ICONIX, Inc. may, at the direction of Your Employer, (i) collect email data on behalf of Your Employer consistent with Your Employer’s policies; and (ii) provide the email data collected on behalf of Your Employer to Your Employer and Your Employer’s agents.  ICONIX, Inc. does not retain Personally Identifiable Information gathered at the direction of your Employer beyond the period reasonably required to collect, process and transmit the Personally Identifiable Information to Your Employer.

11.2. Definition of Personally Identifiable Information. Personally Identifiable Information means any identifier that permits the physical or online contacting or identification of a specific individual.

12.0. Miscellaneous.

12.1. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the State of California, except that body of California law concerning conflicts of law. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

12.2. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this License must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12.3. Survival. Those provisions which, but their nature, survive the termination of this License shall continue in full and force and effect following termination.

12.4. Revisions of this License. ICONIX, Inc. may modify the terms and conditions of this Agreement at any time by posting the substitute agreement here. ICONIX, Inc. will maintain this link so that it will always be current. Your continued use of this Software constitutes Your agreement to any changes that ICONIX, Inc. makes to this Agreement.

12.5. Complete Agreement. Subject to the provisions, if any, of a superseding agreement between Your Employer and ICONIX, Inc., this License constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. For purposes of this License the term “ICONIX, Inc.” includes the entities under the control of ICONIX, Inc.

Effective date: 12/1/13