Piler Enterprise no-tenant Software License Terms

1.1. In this agreement, unless inconsistent with or otherwise indicated by the context:
1.1.1. "Licensee" is the user of the Software;
1.1.2. "Piler" is a business entity represented by Janos SUTO, a resident of Hungary;
1.1.3. "the Parties" are Piler and Licensee;
1.1.4. "Commencement Date" means the day on which the user accepts the terms of this agreement by, without limitation: (i) deploying the software; or (ii) typing “yes” when prompted to accept this agreement;
1.1.5. "Trial Period" means 30 days of the evaluation of the Software, starting from issuing the License;
1.1.6. "the Software" means Piler Enterprise including all Updates and Upgrades;
1.1.7. "Updates" means all incremental enhancements and improvements to the Software that are signified by version number changes to the right of the decimal point, (for example, version 4.10, 4.20);
1.1.8. "Upgrades" means all new versions of the Software that include new major features and/or significantly improved functionality, and which are signified by version number changes to the left of the decimal point, (for example, version 5.0, 6.0);
1.1.9. "Documentation" means any documentation relating to the Software that is prepared by Piler or provided to Licensee by Piler;
1.1.10. "the Copyright" means the copyright that subsists in the Software and Documentation;
1.1.11. "Mailboxes" means the number of email accounts on Licensee’s mail server;
1.1.12. "Server" means a computer that runs the Software;
1.2. Words in the singular number include the plural and vice versa.
1.3. Words importing any one gender include each of the other two genders.

1.4. The headings of the clauses are intended for convenience only and do not affect the interpretation of this agreement.


2.1 Piler hereby grants to Licensee a non-transferable, non-exclusive worldwide license to use the Software to archive the number of Mailboxes purchased on a single server.


This license commences with effect from the Commencement Date.

4.1. Piler may from time to time notify Licensee of new Updates and Upgrades, which Licensee will be entitled to download for 12 months from Commencement Date. No additional consideration will be payable by Licensee to Piler for such Updates or Upgrades. After 12 months Licensee may not access Updates nor Upgrades, unless Licensee buys access to Updates and Upgrades, see https://mailpiler.com/pricing/ for details.

4.2. Licensee will not be entitled to have access to or be supplied with the source code of the Software.

5.1. Licensee undertakes:
5.1.1. To use the Software: only on the number of Mailboxes purchased; and only on a single Server processing the licensed Mailboxes.
5.1.2. Not to: modify, adapt, merge, translate, decompile, disassemble, or reverse engineer the Software; convert the whole or any part of the Software from object code into source code; part with possession of, lend or transfer or make available the use of any part of the Software to any other person (apart from users of the licensed Mailboxes); or use the Software or Documentation in any manner not authorized in terms of this agreement.
5.1.3. Not to copy the Software and/or Documentation or to permit any person to do so, unless such copies are strictly necessary to exercise the rights granted to Licensee in terms of this agreement.
5.2. Notwithstanding anything to the contrary contained in this clause 5, Licensee is entitled to make one back-up copy of the Software solely for Licensee’s security, archival and recovery purposes.

5.3. Licensee acknowledges that all goodwill in the Software and related trademarks inure for the benefit of Piler, and insofar as may be required by law, Licensee hereby assigns to Piler all such goodwill that may in future exist, and in this regard undertakes, if required by Piler, to perform all acts that may be necessary (at Piler's cost) to effect such assignment.

6.1. Piler warrants that the Software will perform substantially in accordance with the Documentation and that the Documentation correctly describes the operation of the Software in all material respects.
6.2. The Software is supplied "as is" and Piler does not warrant that the Software is free of bugs, inadvertent errors, defects or malfunctions. If Piler is notified of any significant inherent defect or error in the Software within the first 12 months following the Commencement Date, it will take all reasonable steps to correct any such defect or error within a reasonable time.
6.3. Piler does not warrant that Licensee’s systems have capacity or are adequate to use the Software. Licensee acknowledges that it has been provided with sufficient information regarding system requirements to use the Software and Licensee has satisfied itself that Licensee’s systems are adequate for this purpose. Piler does not warrant that the Software will meet Licensee’s requirements or that the operation of the Software will be uninterrupted or error free or that all errors in the Software can be corrected. Licensee agrees to use the Software at its own risk.
6.4. Licensee undertakes to inform Piler by written notice of any bugs, inadvertent errors, defects or malfunctions in respect of the Software as soon as reasonably possible after Licensee discovers such fault or problem.
6.5. Notwithstanding anything to the contrary contained in this agreement, Licensee acknowledges that:
(i) proper use of the Software may depend upon the Software’s continuing ability to integrate with and use external APIs (eg. Google web service) (“the API”);
(ii) Piler has no control over the API; and
(iii) (a) modification, deprecation or substitution of the API,
(b) changes to the terms of use of the API, and/or
(c) blockage of the API’s use by the Software,
may cause disruption or cessation of proper use of the Software by Licensee that cannot be remedied by Piler. Licensee accepts such risk and waives any consequential rights, claims, damages and/or demands against Piler relating to reimbursement of amounts paid hereunder and/or liability for accrued payments hereunder.
6.6. Notwithstanding anything to the contrary contained in this agreement, any liability of Piler arising out of this agreement will be limited to Piler rectifying, within a reasonable time and free of charge, any bugs, inadvertent errors or malfunctions in the Software in respect of which notice have been provided in terms of clause 6.4. In no instance, will Piler be liable to restore or correct data.

6.7. The warranties contained in this warranties clause 6 are Licensee’s warranties and are in place of all warranties, conditions or other terms expressed or implied by statute or otherwise, all of which are hereby excluded to the fullest extent permitted by law. This clause 6 also sets out Licensee’s sole remedies for any breach of Piler's warranties. All other warranties, conditions, representations, indemnities and guarantees with respect to the Software, and/or Documentation or related services and information, whether express or implied, arising by law, custom, prior oral or prior written statements by Piler (including its distributors) or otherwise (including, but not limited to, any warranty for merchantability or fitness for particular purpose) are hereby overridden, excluded and disclaimed by Piler and Piler will not be liable in respect of any related claims or damages howsoever arising. In particular, and without derogating from the generality of this clause 6.7, under no circumstances will Piler, its members, directors, officers, employees, servants, contractors or agents be liable for any consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, whatsoever, including, without limitation, such damages or lost profits based on claims of Licensee and/or user of the Software (including, but not limited to claims for loss of goodwill, use of money or use of such Software) arising out of loss of data; interruption of use or availability, failure or malfunction of the Software, telecommunication facilities or hardware; stoppages or other impairment of other assets; bugs, inadvertent errors, defects or malfunctions in the Software; breach or failure of express or implied warranties; breach of contract; misrepresentation; negligence and strict liability in delict.


The Software may malfunction and to prevent loss of data and emails, it is suggested that the data is backed up regularly.
7.1. The Software's license does not include any support. If Licensee requires support, then Licensee shall see the available support options at https://mailpiler.com/support/ and choose whatever plan is suitable for Licensee. The support costs an additional fee.
7.2. Piler's technical support staff will endeavour to respond to any queries Licensee may have about the Software during the Trial Period. For support, consult the Piler's web site at https://mailpiler.com/, or email Piler at sales@mailpiler.com.

7.3. Apart from the obligations specifically detailed in this Support clause 7, Piler has no obligation to furnish Licensee with technical support unless separately agreed in writing between the Parties.

8.1. Piler does not warrant that:
8.1.1. the Software does not infringe the intellectual property of third parties;
8.1.2. the Software is compliant with all legal requirements (including, without limitation, Sarbanes-Oxley Act, Gramm-Leach Bliley Act, the Freedom of information Act, Health Insurance Portability and Accountability Act, other statutes and regulations) that Licensee may operate under; and
8.1.3. the Software guarantees the security of the Licensed Mailboxes and the integrity of the data contained therein.

Piler assumes no obligation to indemnify Licensee against any claims based on either infringement of intellectual property rights of third parties, non-compliance resulting from use of the Software, loss of data contained in Licensed Mailboxes, or breaches of security in respect of the licensed Mailboxes.

9.1. Licensee indemnifies Piler and its members, directors, officers, employees, servants, contractors and agents against damage, cost or expense (including reasonable attorney fees) arising from any claim, demand, assessment, action, suit or proceeding relating to the Software that is based on Licensee’s conduct, action or inaction.

9.2. In the event that any claim is made successfully against Piler, the liability of the Piler is limited to an amount equal to the license fee payable in terms of this agreement.

10.1. Licensee hereby consents to Piler requesting, collecting, collating, processing, storing and/or disclosing personal information for the purposes, without limitation, of:
10.1.1. publicizing the Software;
10.1.2. advertising the Software;
10.1.3. compiling a customer reference list that is available to the public; and

10.1.4. generally promoting the Software.


The Software and Documentation shall be provided by Piler in English only, and Licensee will have no claim against Piler for a translated version of such Software or Documentation.


In the event of force majeure, being unforeseeable events beyond the control of Piler and preventing Piler from meeting its obligations under this agreement, it is agreed that if notice of such situation is given by Piler within 2 weeks of the occurrence of force majeure, the contract obligations as far as effected by such event will be suspended for as long as the inability to perform owing to such situation continues.

13.1. The rights and obligations of Licensee may not be ceded, assigned, let or otherwise disposed of in any manner whatsoever without the prior written consent of Piler.

13.2. Licensee may not sub-license its rights in terms of this agreement.


Nothing in this agreement will be construed so as to create or deem a partnership or a principal and agent relationship between the Parties, and neither Party will hold itself out in any manner which would indicate or imply any such relationship with the other. Furthermore, neither Party is entitled to bind the other, whether in contract or otherwise.


This agreement is governed in all respects by the laws of Hungary.


Should a Party be in breach of any of the terms or conditions hereof and fail to remedy such breach within 60 calendar days of the receipt of notice, then the aggrieved Party will be entitled at such Party's option to institute proceedings immediately for enforcement of the terms of this agreement or, alternatively and without further notice, to declare this agreement cancelled all of which may be done without prejudice to any claim the aggrieved Party may have in law for damages arising from breach of contract or any other cause.

17.1. This document constitutes the whole of the agreement (to the exclusion of all else) between the Parties relating to the subject matter hereof.

17.2. No amendment, alteration, addition, variation or consensual cancellation of this document will be valid unless in writing and signed by the Parties.

18.1. No waiver of any of the terms or conditions of this agreement will be binding for any purpose unless expressed in writing and signed by the Party giving the same and any such waiver will be effective only in the specific instance and for the purpose given.

18.2. No failure or delay on the part of either Party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.


Each Party chooses as its address for citation, service of legal processes, execution or any other purpose connected with this agreement, its address set out herein which it is entitled to vary on notice.


20.1. All notices in terms of this agreement must be in writing addressed to the chosen address of the Party and sent by email.


In the event that any of the provisions of this agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which shall continue to be valid and enforceable.