Software Legal Agreement
SOFTWARE LICENSE AGREEMENT FOR BYFROST AND BYFROST GLOBAL OFFICE. PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE BYFROST SOFTWARE. BY USING THE BYFROST SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE BYFROST SOFTWARE.
IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish or distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non- copyrighted materials, materials in which you own the copyright, or materials you are authorised or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor.
A. The Byfrost Software, any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on hardware, on disk, in read only memory, on any other media or in any other form are licensed, not sold, to you by Byfrost sprl. (“Byfrost”) for use only under the terms of this License. Byfrost and/or Byfrost’s licensors retain ownership of the Byfrost Software itself and reserve all rights not expressly granted to you.
2. Permitted License Uses and Restrictions
A. Preinstalled or obtained the Byfrost Software from Byfrost online installation service you are granted a limited, non-exclusive, non-transferable, non-exclusive license to install, use and run one (1) copy of the Byfrost Software on a single server at any one time.
B. System Requirements; Please note that the Byfrost Software is only supported if official registered and meets specified system requirements as indicated by Byfrost. In addition, use of and access to certain features of the Byfrost Software and certain Services. You agree not to use the Byfrost Software, or any of its functionality, in connection with service bureau, time-sharing, terminal sharing or other similar types of services, whether such services are being provided within your own organisation or to third parties.
C. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, rent, lease, lend, sell, redistribute or sublicense the Byfrost Software.
D. Backup Copy. You may make one copy of the Byfrost Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
E. Migration of Existing Software. If you use Setup/Migration Assistant to transfer software from one Byfrost server to another Byfrost server, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another server, unless you already have a licensed copy of such software on both servers.
F. Open Source. Certain components of the Byfrost Software, and third party open source programs included with the Byfrost Software, have been or may be made available by Byfrost. Byfrost is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Software. You expressly acknowledge that if failure or damage to hardware results from modification of the Open-Sourced Components of the Byfrost Software, such failure or damage is excluded from the terms of the Byfrost warranty.
G. No Reverse Engineering. You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Byfrost Software or any services provided by the Byfrost Software or any part thereof.
H. Compliance with Laws. You agree to use the Byfrost Software and the Services (as defined in Section 3 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Byfrost Software and Services. Features of the Byfrost Software and the Services may not be available in all languages or regions and some features may vary by region. An Internet connection is required for some features of the Byfrost Software and Services.
I. Automatic Updates. The Byfrost Software will periodically check with Byfrost for updates to the Byfrost Software. If an update is available, the update may automatically download and install onto your server and, if applicable, your peripheral devices. By using the Byfrost Software, you agree that Byfrost may download and install automatic updates onto your server and your peripheral devices. You can only turn off the automatic updates altogether by closing down the Byfrost Software on the server.
3. Services and Third Party Materials
A. General. The Byfrost Software, other Byfrost and third party services and web sites (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require you to accept additional terms and may be subject to additional fees.
B. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Byfrost is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Byfrost, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
C. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorisation or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Byfrost, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Byfrost. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorised way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Byfrost is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
D. In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Byfrost Software are not available in all languages or in all countries. Byfrost makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Byfrost and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Byfrost be liable for the removal of or disabling of access to any such Services. Byfrost may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Byfrost if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Byfrost Software and destroy all copies, full or partial, of the Byfrost Software. This License shall survive any such termination.
5. Disclaimer of Warranties
A. If you are a customer who is a consumer (someone who uses the Byfrost Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organisation.
B. You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the Byfrost Software and any services performed by or accessed through the Byfrost Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
C. To the maximum extent permitted by applicable law, the Byfrost Software and services are provided “as is” and “as available”, with all faults and without warranty of any kind, and Byfrost and Byfrost’s licensors (collectively referred to as “Byfrost”) hereby disclaim all warranties and conditions with respect to the byfrost software and services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
D. Byfrost does not warrant against interference with your enjoyment of the Byfrost Software and Services, that the functions contained in, or services performed or provided by, the Byfrost Software will meet your requirements, that the operation of the Byfrost Software or services will be uninterrupted or error-free, that any services will continue to be made available, that the Byfrost Software or services will be compatible or work with any third party software, applications or third party services, or that defects in the Byfrost Software or Services will be corrected. installation of this Byfrost Software may affect the availability and usability of third party software, applications or third party services, as well as Byfrost products and services.
E. You further acknowledge that the Byfrost Software and Services are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in the content, data or information provided by, the Byfrost Software or Services could lead to death, personal injury, or severe physical or environmental damage, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems.
F. No oral or written information or advice given by Byfrost or an Byfrost authorised representative shall create a warranty. Should the Byfrost Software or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
6. Limitation of Liability
To the extent not prohibited by applicable law, in no event shall Byfrost be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data or information, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Byfrost Software or Services or any third party software or applications in conjunction with the Byfrost Software or Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Byfrost has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Byfrost’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty Euro (€50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Digital Certificates
The Byfrost Software contains functionality that allows it to accept digital certificates. You are solely responsible for deciding whether or not to rely on a certificate and your use of digital certificates is at your sole risk. To the maximum extent permitted by applicable law, Byfrost makes no warranties or representations, express or implied, as to merchantability or fitness for any particular purpose, accuracy, security, or non-infringement of third party rights with respect to digital certificates. You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorised user from making use of your digital certificates; (d) you are solely responsible for preventing any unauthorised user from making use of the private key associated with your digital certificate; and (e) you will revoke any of your certificates that you have reason to believe have been compromised.
8. Export Control
You may not use or otherwise export or reexport the Byfrost Software except as authorised by European law and the laws of the jurisdiction(s) in which the Byfrost Software was obtained. In particular, but without limitation, the Byfrost Software may not be exported or re-exported (a) into any European embargoed countries or (b) to anyone restricted party lists. By using the Byfrost Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Byfrost Software for any purposes prohibited by European law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
9. Government End Users
The Byfrost Software and related documentation are “Commercial Items”, as that term is defined, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”. Documentation are being licensed to Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the European Union.
10. Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of the European Union, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. Complete Agreement; Governing Language
This License constitutes the entire agreement between you and Byfrost relating to the use of the Byfrost Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Byfrost. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
12. Third Party Acknowledgements
A. Portions of the Byfrost Software utilise or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Byfrost Software, and your use of such material is governed by their respective terms.
B. Certain software libraries and other third party software included with the Byfrost Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be.