End User License Agreement
IMPORTANT:Please read the terms and conditions of product application set out below carefully priorto download, installation, copy or use .THROUGH INSTALLING, COPYING OR USING THE SOFTWAREYOU ARE EXPRESSING YOUR CONSENT TO THESE TERMS AND CONDITIONS . SoftwareEnd -UserLicense Agreement .
Underthe terms of this Software End User License Agreement (hereinafter referred to as “the Agreement”)executed by and between e and you, aphysical person or legal entity
(hereinafterreferred to as “You" or
"the End User”), You are entitled to use the Software defined
Article1of this Agreement .The Software defined in Article 1of this Agreement can be stored on a datacarrier, sent via electronic mail, downloaded from the Internet, downloaded from the Provider's serversor obtained from other sources, subject to the terms and conditions specified below .
HISIS AN AGREEMENT ON END -USERRIGHTS AND NOT AN AGREEMENT FOR SALE .The Providercontinues to own the copy of the Software and the physical media contained in the sales packageand any other copies that the End User is authorized to make pursuant to this Agreement
Installing,downloading, copying or using the
Software, You agree to the terms and conditions of this
Agreement.IfYou do not agree to all of the terms and conditions of this Agreement, immediately stop
installing,downloading or copying or using the Software and delete all Software files from your devices.
YOUAGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGESTHAT YOU HAVE READ THISAGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1.Software .As used in this Agreement the term
"Software" means: (i) Globy Business LP extensions and all
componentsthereof; (ii) any related explanatory written materials and any other possible documentationrelated to the Software, above all any description of the Software, its specifications, anydescription of the Software properties or operation, any description of the operating environment
inwhich the Software is used, instructions for
use or installation of the Software or any description of
howto use the Software (hereinafter referred to as “Documentation”);(iv) copies of the Software, patchesfor possible errors in the Software, additions to the Software, extensions to the Software, modifiedversions of the Software and updates of Software components, ifany, licensed to You by the
Providerpursuant to Article 2of this Agreement .The Software shall be provided exclusively in the formof executable object code .
2.License .Subject to the condition that You
have agreed to the terms of this Agreement, You pay the
LicenseFee within the maturity period and You comply with all the terms and conditions stipulated herein,the Provider shall grant You the following rights ("the License"):
a)Installation and use .You shall have the non
-exclusive,non -transferableright to install the Software
onthe hard disk of acomputer or other permanent medium for data storage, installation and storage
ofthe Software in the memory of acomputer system and to implement, store and display the Software.
b)Stipulation of the number of licenses .The right to use the Software
shall be bound by the number
ofEnd Users .One End User shall be taken to refer to the following: (i) installation of the Software on
onecomputer system; or (ii) ifthe extent of alicense is bound to the number
of mail boxes, then one
EndUser shall be taken to refer to acomputer user who accepts electronic mail via aMail User Agent
(hereinafterreferred to as “an MUA”) .Ifan MUA accepts electronic mail and subsequently distributes
itautomatically to several users, then the number of End Users shall be determined according to the
actualnumber of users for whom the electronic mail is distributed .Ifamail server performs the functionof amail gate,
the number of End Users shall equal the number of mail server users for
thesaid gate provides services .Ifan unspecified number of electronic mail addresses are directed to
andaccepted by one user (e .g.,through aliases) and messages are not automatically distributed by theclient to alarger number of users, aLicense for one computer shall be required .You must not use
thesame License at the same time on more than one computer .
c)Business Edition .ABusiness Edition version of the Software must be
obtained to use the Software
onmail servers, mail relays, mail gateways or Internet gateways .
d)Term of the License .Your right to use the Software shall be time -limited.
e)OEM Software .OEM Software shall be limited to the computer You obtained itwith .Itcannot be transferredto adifferent computer
f)NFR, TRIAL Software .Software classified as "Not -for-resale",NFR or TRIAL cannot be assigned forpayment and must only be used for demonstration or testing the Software's features .
g)Termination of the License .The License shall terminate automatically at
the end of the period for
whichgranted .IfYou fail to comply with any of the provisions of this Agreement, the Provider shall be
entitledto withdraw from the Agreement, without prejudice to any entitlement
or legal remedy open to
theProvider in such eventualities .In the event of cancellation of the License, You must immediately
delete,destroy or return at your own cost, the Software and all backup
copies to Globy Business or to the
outletfrom which You obtained the Software .
3.Connection to the Internet .To operate correctly the Software requires connection to the Internet andmust connect at regular intervals to the Provider's servers or third -partyservers .
4.Restrictions to rights .You may not copy, distribute, extract components
or make derivative works of
theSoftware .When using the Software You are required to comply with the following restrictions:
a)You may make one copy of the Software on apermanent storage medium as an
archival back - up
copy,provided your archival back -upcopy is not installed or used on any computer .Any other copies
Youmake of the Software shall constitute breach of this Agreement .
b)You may not use, modify, translate or reproduce the Software or transfer
rights to use the Software
orcopies of the Software in any manner other than as provided for in this Agreement .
c)You may not sell, sub -license,lease or rent or borrow the Software or use the Software for the provisionof commercial services .
d)You may not reverse engineer, reverse compile or disassemble the Software or otherwise attempt
todiscover the source code of the Software, except to the extent that this restriction is expressly prohibitedby law .
e)You agree that You will only use the Software in amanner that complies
with all applicable laws in
thejurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerningcopyright and other intellectual property rights .
5.Copyright .The Software and all rights, without limitation including
proprietary rights and intellectual
propertyrights thereto are owned by Globy Business LP and/or its licensors .They are protected by international
treatyprovisions and by all other applicable national laws of the country
in which the Software is being
used.The structure, organization and code of the Software are the valuable trade secrets and confidentialinformation of Globy Business LP and/or its licensors .You must not copy the Software, except as set
forthin Article 4(a) .Any copies which You are permitted to make pursuant to this Agreement must containthe same copyright and other proprietary notices that appear on the Software .IfYou reverse engineer,reverse compile, disassemble or otherwise attempt to discover the source code of the Software,in breach of the provisions of this Agreement, You hereby agree that any information
therebyobtained shall automatically and irrevocably be deemed to be
transferred to and owned by the
Providerin full, from the moment such information comes into being, notwithstanding the Provider's rightsin relation to breach of this Agreement .
6.Reservation of rights .The Provider hereby reserves all rights to the
Software, with the exception of
rightsexpressly granted under the terms of this Agreement to You as the End User of the Software .
7.Commencement and termination of the Agreement .This Agreement is
effective from the date You
agreeto the terms of this Agreement .You may terminate this Agreement at any time by permanently
uninstalling,destroying and returning, at your own costs, the Software, all back -upcopies and all relatedmaterials provided by the Provider or its business partners .
8.END USER DECLARATIONS .AS THE END USER YOU ACKNOWLEDGE THAT THE SOFTWAREIS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW .NEITHER THE PROVIDER,ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONSOR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOTHE WARRANTIES OF MERCHANTABILITYOR FITNESS FOR APARTICULAR PURPOSE OR THATTHE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKSOR OTHER RIGHTS .THERE IS NO WARRANTY BY THE PROVIDER OR BY ANY
OTHERPARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTSOR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED ORERROR -FREE.YOU ASSUME ALL RESPONSIBILITYAND RISK FOR THE SELECTION OF THESOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE ANDRESULTS OBTAINED FROM IT .
9.No other obligations .This Agreement creates no obligations on the part of the Provider and its licensorsother than as specifically set forth herein .
10.LIMITATION OF LIABILITY .TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INNO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOSTPROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODSOR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS,LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIALDAMAGES, HOWEVERCAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHERTHEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,EVEN IF THE PROVIDER OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES .BECAUSE SOME COUNTRIES AND JURISDICTIONS DONOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, INSUCH CASES, THE LIABILITY OF THE PROVIDER, ITS EMPLOYEES OR LICENSORS OR AFFILIATESSHALL BE LIMITED TO THE SUM THAT YOU PAID FOR THE LICENSE .
11.Nothing contained in this Agreement shall prejudice the statutory rights
of any party dealing as a
consumerifrunning contrary thereto .
12.Technical support . Globy Business LP or third parties commissioned by
Globy Business LP shall provide technical
supportat their own discretion, without any guarantees or declarations .The End User shall be requiredto back up all existing data, software and program facilities prior to the provision of technical
support. Globy Business LP and/or third parties commissioned by Globy
Business LP cannot accept liability for damage or
lossof data, property, software or hardware or loss of profits due to the provision of technical support .
Globy Business LP and/or third parties commissioned by Globy Business LP
reserve the right to decide that resolving the
problemis beyond the scope of technical support Globy Business LP reserves the right to refuse, suspend or terminatethe provision of technical support at its own discretion .
13.Transfer of the License .The Software can be transferred from one
computer system to another,
unlesscontrary to the terms of the Agreement .Ifnot contrary to the terms of the Agreement, the End
Usershall only be entitled to permanently transfer the License and all rights ensuing from this Agreementto another End User with the Provider's consent, subject to the condition that (i) the originalEnd User does not retain any copies of the Software; (ii) the transfer of rights must be direct,
i.e.from the original End User to the new End User; (iii) the new End User
must assume all the rights
andobligations incumbent on the original End User under the terms of this Agreement; (iv) the original
EndUser has to provide the new End User with documentation enabling verification of the genuinenessof the Software as specified under Article 14 .
14.Verification of the genuineness of the Software .The End User may demonstrate entitlement to
usethe Software in one of the following ways: (i) through alicense
certificate issued by the Provider
orathird party appointed by the Provider; (ii) through awritten license agreement, ifsuch an agreementwas concluded; (iii) through the submission of an e-mailsent to the Provider containing licensingdetails (user name and password) enabling Updates .
15.Data regarding the End User and protection of rights .As the End User,
You hereby authorize the
Providerto transfer, process and store data enabling the Provider to identify You .You hereby agree
tothe Provider using its own means to check whether You are using the
Software in accordance with
theprovisions of this Agreement .You hereby issue your agreement to data being transferred, during
communicationbetween the Software and the Provider's computer systems or
those of its business partners,the purpose of which is to ensure functionality
of and authorization to use the Software and
protectionof the Provider’s rights .Following conclusion of this Agreement, the Provider or any of its
businesspartners shall be entitled to transfer, process and store essential data identifying You, for billingpurposes and performance of this Agreement .
16.Export and re -exportcontrol .The Software, the Documentation or components thereof, including
informationabout the Software and components thereof, shall be subject to
import and export controls
underlegal regulations which may be issued by governments responsible for issue thereof under applicablelaw .You agree to comply strictly with all applicable import and export regulations and
acknowledgethat You have the responsibility to obtain all licenses required to export, re -export, transferor import the Software .
17.Notices .All notices and return of the Software and Documentation must be delivered to Globy Business LP.
18.Applicable law .This Agreement shall be governed by and construed in
accordance with the laws
ofthe Republic of Seychelles .The End User and the Provider hereby agree that the principles of the
conflictof laws and the United Nations Convention on Contracts for the International Sale of Goods shallnot apply .You expressly agree that any disputes or claims ensuing from this Agreement with
respectto the Provider or any disputes or claims relating to use of the
Software shall be settled by
VictoriaDistrict Court and You expressly agree to the said court exercising jurisdiction .
19.General provisions .Should any of the provisions of this Agreement be
invalid or unenforceable, thisshall not affect the validity of the other
provisions of the Agreement, which shall remain valid and
enforceablein accordance with the conditions stipulated therein .This Agreement may only be modifiedin written form, signed by an authorized representative of the Provider or aperson expressly
authorizedto act in this capacity under the terms of apower of attorney .
Thisis the entire Agreement between the Provider and You relating to the Software and it supersedes
anyprior representations, discussions, undertakings, communications or advertising relating to the Software.