SOFTWARE LICENSE AGREEMENT FOR THE ON-PREMISE VERSION OF ICEWARP SERVER (“EULA”)
Last Updated: 11th May 2018
PLEASE READ CAREFULLY BEFORE INSTALLING, UPGRADING, OR OTHERWISE USING THIS PRODUCT. BY USING THIS PRODUCT YOU ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Note: This is a legal agreement between You (our Customer) and us, IceWarp Ltd. (IceWarp), which governs your use of the IceWarp Server and its components (Software). If you are agreeing to this Agreement not as an individual but on behalf of your company, then “Customer” or “You” means your company, and you are binding your company to this Agreement. You are not allowed to use any version of IceWarp Server without agreeing to the terms and conditions hereof.
Sign up procedure: By clicking on the “I agree” (or similar button) presented to you by purchase website / Software installation program, you indicate to be bound by the terms of this Software License Agreement. If you do not agree with the provisions below, please exit the system by clicking "Cancel" (or similar button) or close the web page.
IceWarp reserves the right to update or modify this Agreement in any future or other versions of the Software, including any policies, price lists and other documents incorporated by reference, which can be modified from time to time. If a revision meaningfully reduces your rights, or binds you to increased fees, we will use reasonable efforts to notify you (by, for example, sending an email to the billing or administrator contact you designate to us, posting on our blog, through your login to IceWarp website, or in the Software itself). New versions will require your consent by clicking through the updated Agreement. If you disagree, do not accept and do not use the new version.
If we modify the Agreement during your License Term, the modified Agreement will be effective upon your next renewal of a License Term, Support and Maintenance term, as applicable. If you disagree with the updated Agreement, or with the updates made to incorporated documents, as your exclusive remedy, you may choose not to renew/upgrade.
Subject to the terms and conditions of this Agreement, IceWarp grants you a non-exclusive, non-transferable license to install and use the Software during the applicable License Term in accordance with this Agreement, applicable Price List and Documentation. Your License Term starts on the date of payment (or the date of activation if post-paid), and will end upon any termination of this Agreement, even if it is identified as “perpetual”.
This Software License Agreement is for the newest version of the Software available at the time of purchase and includes also Software Maintenance (described below) during a 1-year period (1-month period for subscriptions), following after the initial license activation date, or during the period for which you have paid the applicable Renewal/Subscription fee. Maintenance provides you access to new releases (Upgrades), if and when made available, regular updates of the functionality, anti-spam and antivirus definition updates bug fixes, security patches and other minor improvements. The included product support enables you to access the support helpdesk according to IceWarp’s Support & SLA Plans policy.
You may at your discretion renew Maintenance for another 1-year period(s) (1-month period(s) for subscriptions), by paying the Renewal/Subscription fee according to the currently valid Price List. Additional fees may apply when upgrading to a version significantly enhanced with features previously not existing in your license, and vice-versa, fees may decrease if IceWarp decides to discontinue or replace previously paid features. IceWarp may regularly update the Renewal/Subscription fee reflecting the current exchange rates, material, workforce and suppliers costs. Each subsequent Maintenance period will commence from the last day of the previous Maintenance period, regardless of when the Maintenance renewal was purchased. Maintenance is not available for licenses which are more than 365 days without maintenance.
Support and Maintenance of old versions that are no longer fit for their purpose will end on their respective End of Life (EOL) dates announced by IceWarp at least 6 (six) months ahead of coming into effect, after which all support and Maintenance coverage for the old version will automatically terminate. Any remaining Maintenance can be recovered solely by installing a newer version not subject to EOL.
If you have obtained a free trial license key, it lets you use the Software for evaluation and testing purposes only, for a limited term, without any Support, Maintenance, warranty, and indemnity obligations, to the maximum extent permitted by law, and your right of use can be terminated at any time without any liability to you.
Except as otherwise stated, the license granted herein shall be perpetual, which means the Software will operate even without any updates/upgrades in the current state indefinitely. For subscriptions the license term is periodic and limited to the duration of the Subscription period and payment of the Subscription fee.
TeamChat, Exchange ActiveSync, IceWarp Desktop Suite and IceWarp Outlook Sync client access licenses have a limited term ending on the last day of your Maintenance. Unless you renew the Maintenance for each and every component against payment of the applicable Renewal/Subscription fee, these components will stop functioning after this period, independently on the License Term of other components.
End-user software products IceWarp Desktop Suite, IceWarp Outlook Sync, IceWarp FileSync, IceWarp Teamchat Desktop and IceWarp Notifier distributed with IceWarp Server are subject to a separate EULA presented during their installation, for the same license term as specified in this Agreement.
Copyright (c) IceWarp Ltd., 2000-2017 All rights reserved.
You may use this product only under a single operating system. For the avoidance of doubt, you need a separate EULA per each and every operating system of each and every computer regardless if it is a real machine or one with virtualized operating system (virtual computer), on which the IceWarp Server is installed.
You acquire no right to distribute the IceWarp Server and no right to copy the product and/or any associated product documentation unless agreed with IceWarp Ltd. in writing.
You agree not to decompile, disassemble or reverse engineer the IceWarp Server.
You acknowledge that you obtain no ownership rights to the IceWarp Server under the terms of this Software License Agreement. All rights in the product including but not limited to trade secrets, trademarks, service marks, patents and copyrights are, shall be and will remain the property of IceWarp Limited or any third party contributor from whom IceWarp has licensed software or technology.
You may not remove any proprietary notices, labels, trademarks on the Server product or documentation.
Upon installation, the program will send an informative notification to our server. The information contained in this notification is strictly confidential and is used for no other purpose than to aggregate installation statistics.
Consent to Use of Data: You agree that IceWarp may use technical data and related information collected through WebClient telemetry, including but not limited to technical information about your users device, system, application software and anonymous usage statistics. IceWarp may use this information, as long as it is in an aggregated form that does not personally identify you or any of your users, to operate, provide, improve, and develop our products, services and technologies, and for research and development. If you opt out from providing telemetry data during the installation of the program, no data will be collected until the consent is accepted again. You agree that we may use your registration information to send you updates, offers, marketing communication and technical notices related to your continued use of the Software. This information is never disclosed to third parties.
The usage of the program in accordance with this Software License Agreement is protected by a license key which is a software component of the program. The program will automatically re-activate the license key from time to time and for such purpose connect to the IceWarp License Server. Exceptionally, the program may advise you to re-activate the license key manually. Any such re-activation is free of charge. Please be aware that the program may stop functioning if you do not comply with the terms of this Software License Agreement. The program may also stop functioning if you repeatedly fail to follow the instructions received regarding the re-activation of the license key. Subscription requires that usage statistics (number of accounts and enabled services) will be periodically reported to the IceWarp License Server as part of the re-activation. Your negligence to remedy any such reporting failures will terminate the Agreement.
Your additional obligation in relation to Microsoft Exchange ActiveSync:
You must ensure that your customers (in case you are an ISP) and/or your employees (in case you are an Enterprise Customer) and/or all users of Company Server Software agree to and are bound by the following condition on their right to access and use the Company Server Software, before they start to use the Microsoft Exchange ActiveSync service: "The provision of this service to you does not grant, and you do not receive, any rights under any Microsoft intellectual property with respect to any device or software that you use to access this service."
Not in lieu or as a substitute of your obligation mentioned above, IceWarp will send an informative email to every user of IceWarp Server upon its first use of the Microsoft Exchange ActiveSync service.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COPYRIGHT HOLDERS OR CONTRIBUTORS EXCEED THE PRICE YOU PAID FOR THE PRODUCT LICENSED HEREUNDER.