Enduser License

Enduser License

Copyright (c) 2014 plaintel GmbH, AskoziaPBX

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using AskoziaPBX containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by plaintel your use of AskoziaPBX indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, plaintel grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use AskoziaPBX in accordance with this Agreement and any other written agreement with plaintel. plaintel does not transfer the title of AskoziaPBX to you; the license granted to you is not a sale. This agreement is a binding legal agreement between plaintel and the purchasers or users of AskoziaPBX.

If you do not agree to be bound by this agreement, remove AskoziaBPX from your hardware now and, if applicable, promptly return to plaintel by mail any copies of AskoziaPBX and related documentation and packaging in your possession.

2. DISTRIBUTION

AskoziaPBX and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of AskoziaPBX contact plaintel.

3. USER AGREEMENT

3.1 Use

Your license to use AskoziaPBX is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of AskoziaPBX.

3.2 Use Restrictions

You shall use AskoziaPBX in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of AskoziaPBX together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of AskoziaPBX may be used on one single location. Use of AskoziaPBX means that you have loaded, installed, or run AskoziaPBX on a computer, server or similar device.

You may make one copy of AskoziaPBX for backup purposes, providing you only have one copy installed on one computer/server at a time. Other users may not use your copy of AskoziaPBX. The assignment, sublicense, networking, sale, or distribution of copies of AskoziaPBX are strictly forbidden without the prior written consent of plaintel. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of AskoziaPBX. If any person other than yourself uses AskoziaPBX registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile AskoziaPBX. Nor can you create any derivative works or other works that are based upon or derived from AskoziaPBX in whole or in part.

plaintel’s name, logo and graphics file that represents AskoziaPBX shall not be used in any way to promote products developed with AskoziaPBX. plaintel retains sole and exclusive ownership of all right, title and interest in and to AskoziaPBX and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of AskoziaPBX, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for plaintel.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend plaintel, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of plaintel’s software.

In no event (including, without limitation, in the event of negligence) will plaintel, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, AskoziaPBX or the use or inability to use AskoziaPBX or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

plaintel’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by plaintel) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to plaintel.

3.5 Warranties

Except as expressly stated in writing, plaintel makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of AskoziaPBX and destroy all copies of AskoziaPBX supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. Technical Support

Technical support is explicitly not included in the license price of AskoziaPBX and has to be purchased separately.

5. CONSENT OF USE OF DATA

You agree that plaintel may collect and use technical data and related information, including but not limited to technical information about your hardware, system and peripherals that is gathered periodically to facilitate the provision of software updates, product support and other services related to AskoziaPBX. plaintel may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

6. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ASKOZIA AS WELL.