End user agreement for Datapolis Workbox for SharePoint
PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY INSTALLING OR USING THE SOFTWARE THAT ACCOMPANIES THIS EULA (“SOFTWARE”), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE AND, IF APPLICABLE, RETURN IT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
THIS SOFTWARE DOES NOT TRANSMIT ANY PERSONALLY IDENTIFIABLE INFORMATION FROM YOUR SERVER TO DATAPOLIS.COM SP. Z O. O. WITHOUT YOUR CONSENT.
This EULA is a legal agreement between you (either an individual or a single entity) and Datapolis.com sp. z o. o. (“Datapolis”). This EULA governs the Software, which includes computer software (including online and electronic documentation) and any associated media and printed materials. This EULA applies to updates, supplements, add-on components, and Internet-based services components of the Software that Datapolis may provide or make available to you unless Datapolis provides other terms with the update, supplement, add-on component, or Internet-based services component. Datapolis reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software. This EULA also governs any product support services relating to the Software except as may be included in another agreement between you and Datapolis. An amendment or addendum to this EULA may accompany the Software. The Software may contain the following:
Datapolis Software provides services or functionality on your Server Farm of WSS or MOSS and it allows single personal computer, terminal, handheld computer, pager, telephone, personal digital assistant, or other electronic device to access or use the Software.
2. GRANT OF LICENSE
Datapolis grants you the following rights, conditioned on our compliance with all the terms and conditions of this EULA:
1. Installation You may install many copies of Datapolis Software on a single Server Farm of WSS or MOSS, which may include more than one Server. One Server need one license, and an additional license is required if you install another copy of the Software on another Server of WSS or MOSS or to install or run a copy of the Software on a different Server Farm of WSS or MOSS.
2. Datapolis WorkBox Products License Requirements Datapolis software licensing model is made up of Server Farm License System. You must acquire a Server Farm License to install and run Datapolis Software. In this license system you must have server license for every WSS or MOSS server in your farm and you must have user license for every user who have access to server farm.
3. Reassignment of Server Farm License. One license is unique for one Server Farm. You cannot reassign a Server Farm License from one Server Farm to another. If you have deleted one Server Farm, the License to this Server Farm cannot be assigned to a new Farm.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
1. Other Licenses. Your use of software applications installed on the Server, accessed through the Server, or providing application-sharing functionality may require additional licenses. Please consult the license agreement accompanying such software.
2. Reservation of Rights: Other Restrictions. [Localization note: this section differs from standard terms] The Software is protected by copyright and other intellectual property laws and treaties. Datapolis own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. Datapolis reserves all rights not expressly granted to you in this EULA. Reverse engineering, decompiling, or disassembling the Software is prohibited, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Renting, leasing, or lending the Software (including providing commercial hosting services) is also prohibited.
4. PRODUCT SUPPORT SERVICES
1. Rights and Obligations. Datapolis may provide you with product support services related to the Software. Use of any such support services is governed by the Datapolis policies and programs described in the user manual, in online documentation, on Datapolis’s support webpage, or in other Datapolis-provided materials. Any software Datapolis may provide you as part of support services are governed by this EULA, unless separate terms are provided. This EULA does not obligate Datapolis to provide any support services or to support any software provided as part of those services.
2. Consent to Use of Data. You agree that Datapolis and its affiliates may collect and use technical information gathered as part of the support services provided to you, if any, related to the Software. Datapolis may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
[Note for localization: this section differs from standard terms.] To use Software identified as an upgrade by Datapolis, it is required that you be licensed for the software identified by Datapolis as eligible for the upgrade. After upgrading, the software that formed the basis for your upgrade eligibility may no longer be used. The resulting upgraded Software may be used only in accordance with the terms of this EULA.
6. NOT FOR RESALE SOFTWARE
Software identified as “Not for Resale” or “NFR,” may not be sold or otherwise transferred for value or used for any purpose other than demonstration, test or evaluation.
7. EXPORT RESTRICTIONS
You acknowledge that the Software is subject to Polish Law jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software.
8. SOFTWARE TRANSFER
You can install and uninstall Software from one Server to another when Datapolis WorkBox Products License Requirements are met.
Without prejudice to any other rights, Datapolis may terminate this EULA if you are not in compliance with all the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
10. MANDATORY ACTIVATION
Datapolis Software must be registered and activated by providing license-key to be granted under EULA license rights.
11. LIMITED WARRANTY FOR SOFTWARE
Datapolis warrants that the Software will perform substantially in accordance with the accompanying materials for a period of one (1) year from the date of activation.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the one-year Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
12. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Datapolis, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Datapolis’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 15 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some legal boundaries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from country to country.
13. YOUR EXCLUSIVE REMEDY
Datapolis’s and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Datapolis’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Datapolis with a copy of your license-key. You will receive the remedy elected by Datapolis without charge, except that you are responsible for any expenses you may incur (e.g., cost of shipping the Software to Datapolis). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Datapolis will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Datapolis’s warranty remedy procedures.
14. DISCLAIMER OF WARRANTIES
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Datapolis and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
15. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DATAPOLIS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY 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 OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF DATAPOLIS OR ANY SUPPLIER, AND EVEN IF DATAPOLIS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF DATAPOLIS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY DATAPOLIS WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
17. APPLICABLE LAW
Polish law will be used to judge the applicable nature of any contest and specific terms of this EULA. All legal cases will be brought before a Polish court and will abide by Polish law.
18. ENTIRE AGREEMENT; SEVERABILITY
This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Datapolis relating to the Software and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Datapolis policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control unless the parties otherwise agree in writing. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
The Products that Datapolis supplies are protected by copyright and other intellectual property laws and treaties. Datapolis own the title, copyright, and other intellectual property rights in the Product.