SOFTWARE LICENSE AGREEMENT FOR THE ON-PREMISE VERSION OF ICEWARP SERVER (“EULA”)
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.
SOFTWARE LICENSE AGREEMENT FOR THE ON-PREMISE VERSION OF ICEWARP SERVER ("EULA")
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 Subscription Term, the modified Agreement will be effective upon your next renewal of a Subscription Term. 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 Subscription Term in accordance with this Agreement, applicable Price List and Documentation. Your Subscription Term starts on the date of payment (or the date of order delivery if post-paid), and continues for as long as Subscription fees are paid for, unless this Agreement is terminated earlier.
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 (or 1-month) period following the date of payment (or the date of order delivery if post-paid), 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 entitles you to access support through IceWarp’s website.
The license granted herein is periodic and the Subscription fees are due each 1-year (or 1-month) 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 Subscription fee reflecting the current exchange rates, material, workforce and suppliers costs. Each subsequent Subscription Term will commence from the last day of the previous Subscription/Maintenance period, regardless of when the Subscription was purchased.
Failure to pay the Subscription fees within fourteen (14) days of our notice to You that payment is due or past due, or if You do not update payment information upon our request, we will no longer assume responsibility to providing the Software under this Agreement and will suspend or terminate all functionality of the Software. During a temporary suspension which lasts for 30 days you can restore the Software’s functionality to the previous state against payment of the Subscription fee. After this grace period, in addition to terminating this Agreement, you will no longer be eligible to prolong the Subscription Term other than entering into a new License Agreement under the terms and for the prices valid at the time for new customers.
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.
End-user software products IceWarp Desktop Office, IceWarp Desktop Editors, 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., 2000-2020 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.
Licenses issued for 1-year subscription periods are meant for Customer’s own use and not intended for the purposes of hosting, sublicensing, offering as a service or reselling on subscription terms, whereas such use requires a license issued for 1-month subscription period. The preceding clause doesn’t apply to prolongation of licenses granted before September 1, 2020.
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. Translation to Italian (c) FASTflow S.r.l. Translation to Brazilian Portuguese (c) LucaNet Sistemas Ltda. Translation to Czech (c) Apptc.me s.r.o. Translation to French (c) DARNIS SARL. Other translations are copyright of their respective contributors.
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.
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. Monthly 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.