Piler Enterprise no-tenant Software License Terms
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.
4.2. Licensee will not be entitled to have access to or be supplied with the source code of the Software.
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.
6.7. 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.
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.
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.
9.2. 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.
10.1.4. 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.
13.2. 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.
17.2. No amendment, alteration, addition, variation or consensual cancellation of this document will be valid unless in writing and signed by the Parties.
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.