End User License Agreement
26 Feb 2025 - sj, tags: archiving, product
IMPORTANT - READ CAREFULLY
This End User License Agreement (“Agreement”) is a legal agreement between you (either an individual, a business entity, or an organization) (“Licensee” or “You”) and Piler (“Licensor”) for the software product identified above, which includes computer software and associated media and printed materials, and may include “online” or electronic documentation (“Software”).
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
1. GRANT OF LICENSE
1.1. Direct Use License: Subject to the payment of applicable license fees and subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a non-exclusive, non-transferable license to use the Software for the term specified in the license purchase.
1.2. Service Provider License: If the applicable license permits, Licensee may use the Software to provide email archiving services to third parties (“End Clients”). Licensee remains responsible for compliance with all terms of this Agreement, including with respect to any use of the Software by its End Clients.
2. LICENSE TERM AND RENEWAL
2.1. The license granted herein is valid for a period of one (1) year from the date of activation (“Initial Term”), unless otherwise specified in the applicable order form.
2.2. This license shall automatically expire at the end of the Initial Term or any Renewal Term unless Licensee purchases a renewal license.
2.3. Upon expiration of the license, the Software will cease to function, and Licensee acknowledges that this may result in inability to access archived emails and related functions.
2.4. LICENSOR BEARS NO RESPONSIBILITY FOR ANY CONSEQUENCES, DAMAGES, OR LOSSES RESULTING FROM THE EXPIRATION OF THE LICENSE AND SUBSEQUENT LOSS OF FUNCTIONALITY, INCLUDING ANY IMPACT TO SERVICES PROVIDED BY LICENSEE TO END CLIENTS.
3. RESTRICTIONS
3.1. Licensee shall not reverse engineer, decompile, or disassemble the Software.
3.2. Licensee shall not rent, lease, lend, sell, redistribute, sublicense or transfer the Software except as expressly permitted under a Service Provider License.
3.3. Licensee shall not modify, adapt, or create derivative works based upon the Software.
3.4. Licensee shall not remove any proprietary notices or labels on the Software.
4. OWNERSHIP
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Licensor retains all rights, title, and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein.
5. LIMITED WARRANTY
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
6. LIMITATION OF LIABILITY
6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE.
6.3. LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGES OR LOSSES RESULTING FROM THE EXPIRATION OF THE LICENSE AND SUBSEQUENT LOSS OF FUNCTIONALITY OR ACCESS TO ARCHIVED DATA.
6.4. IF LICENSEE IS PROVIDING SERVICES TO END CLIENTS, LICENSEE AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS LICENSOR FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO LICENSEE’S END CLIENTS’ USE OF THE SOFTWARE OR SERVICES PROVIDED BY LICENSEE.
7. DATA PROTECTION AND PRIVACY
7.1. Licensee is solely responsible for compliance with all applicable data protection and privacy laws related to the data processed by the Software, including any data of End Clients if Licensee is providing services to third parties.
7.2. Licensee acknowledges that expiration of the license may impact the ability to access archived data and is solely responsible for ensuring compliance with any data retention regulations or requirements applicable to Licensee or its End Clients.
8. BACKUP AND DATA SECURITY
8.1. Licensee is solely responsible for backing up any data processed by the Software. Licensor shall not be responsible for any loss of data for any reason.
8.2. Licensee is responsible for implementing and maintaining appropriate security measures to protect the data processed by the Software.
9. TERMINATION
Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee fails to comply with the terms and conditions of this Agreement. In such event, Licensee must destroy all copies of the Software and cease providing any services based on the Software to End Clients.
10. GOVERNING LAW
This Agreement shall be governed by the laws of Hungary, without regard to conflicts of law provisions.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter.
12. SEVERABILITY
If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall not be affected.
13. ACKNOWLEDGMENT
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.