End-User License Agreement (EULA) on No.1 BC software, which is associated with certgate –, April 2018
Thanks for choosing No.1 BC software. Please read this End-User License Agreement carefully before concluding the installation process and using the software. This software will be licensed to you by certgate through its licensee No.1 Business Communication Ltd.
This End-User License Agreement covers No.1 BC applications which were created in collaboration with certgate specifically including but not limiting to No.1 BC Mail application, No.1 BC Live application, No.1 BC Notes as a part of No.1 BC Mail application and/or other applications which were not explicitly specified here, but were created in association and/or collaboration with certgate.
This Software End-User License Agreement is a legal agreement between yourself (either between an individual or an individual company), No.1 Business Communication Ltd. (www.no1bc.com) and the legal owner of this software, certgate (certgate GmbH, www.certgate.com). It is not a sales contract.
You must read the End-User License Agreement and either accept or decline it before you install and use the software. Clicking the "I accept" button is comparable to signing a written agreement. By clicking the "I accept" button or by installing or using the software you acknowledge that you have read and understood all terms and conditions of this agreement and that you agree to them by contract.
If the software or part of the software has been licensed by a third party for you (e.g. your employer, an individual or a company with whom you do business) your rights to use the software or to acquire additional services are subject to the terms and conditions of this agreement, regardless of whether the third party agrees to the terms and conditions of this End-User License Agreement.
If the software you install is free-, beta- or pre-release software, then the terms and conditions of this End-User License Agreement apply, regardless of whether you or a third party sponsoring your software has a separate agreement with No.1 Business Communication Ltd.
Even if the software is sponsored by a third party, the No.1 Business Communication Ltd. and data security terms and conditions stated on the website www.no1bc.com are effective. You agree to these terms and conditions of these agreements, when you click the "I accept" button. By clicking the "I accept" button you also agree to the installation of bidirectional connections to a server as described in §8.
If you install free or beta software, please note that the terms and conditions stated in §4 and §5 especially come into effect. If you use the software on a computer that you share with others and one of the others installs a newer version of the software and accepts newer version of this End-User License Agreement, then you also agree to the newer version of this End-User License Agreement.
The following definitions are used throughout the text:
- "Account" means a registration on the No.1 BC Registry Server. The account allows (upon availability) the access to the No.1 BC network and, if available, the No.1 BC website via a Login.
- "Device" means a personal computer or a personal computing or mobile device (Smartphone, tablet, etc.).
- "Delivery Date" means (i) in case the software requires an activation key, the date on which No.1 BC sends or gives access to the key and (ii) in case the software does not require an activation key, the date on which No.1 Business Communication Ltd. sends a CD, disc, file or storage device containing the software. d)"Documentation" means online help text and/or manuals available with the software.
- "End-User”, “User" and/or “Customer” means you and any other person, who uses the software sponsored by you.
- "Free software” means software or parts thereof, which are at the disposal of the end-user permanently or for a limited period of time free of charge.
- "No.1 BC Network Services" means any kind of server-based services that are made available by No.1 Business Communication Ltd. or No.1 Business Communication Ltd. partners.
- "Services" refers to hosted services, software maintenance, support services (incl. deployment support services) and other services that No.1 Business Communication Ltd. or No.1 Business Communication Ltd. partners may offer and are related to the software.
- "Software" means the software attached to this End-User License Agreement, in object code format, along with any of the following components that could be a part of it or that are made available by No.1 Business Communication Ltd. for use:
- Tools, toolsets, "skins" and other software applications or components;
- Graphic, photos, audio- and video material;
- Updates or upgrades of the above mentioned software and components that are covered by this End-User License Agreement.
The software is licensed, not sold. You acknowledge that the software (including any changes to it that you may request or suggest) is the property of certgate and/or its licensors. Resources, each copy of them, and all associated intellectual property rights embodied in or represented by them remain the property of certgate and/or its licensee at all times as well as with all other rights that are not explicitly granted to you under this End-User License Agreement.
- License Grant
certgate grants you, through its licensee No.1 Business Communication Ltd., a limited, non-exclusive license to install and use, only in object, code, format, provided you comply with all the terms and conditions of this End-User License Agreement.
- Software. According to the terms and conditions of this agreement No.1 Business Communication Ltd. allows you to install the software on one computer. If you have bought a number of licensed copies, then you may respectively only allow one user to install one copy on a device. Herewith you assume all obligations connected to the use of the software by the end-user and the compliance with the terms and conditions of this End-User License Agreement. If the software that you install is trial or beta software then your rights are limited as described in §4 and §5. You are solely allowed to create a copy for security or archiving reasons.
- No.1 BC Network Services. The use of No.1 BC Network Services is not a part of this End-User License. For No.1 BC Network Services there is a different set of terms and conditions.
- Registration Services. To use the software you must register with the No.1 Business Communication Ltd. Registration Service. Data received during registration is handled according to the data security regulations stated on the No.1 Business Communication Ltd. website.
- Free Software
If the software is labelled "free" (or similar), then your rights are limited as described in this paragraph. You may use the software (or similar services, which No.1 Business Communication Ltd. offers you) in line with the terms and conditions of this End-User License Agreement until you infringe the terms and conditions of this End-User License Agreement or until No.1 Business Communication Ltd. recalls the software, which No.1 Business Communication Ltd. is entitled to do at any time and without prior notice. Considering the fact, that free software is made available free of charge, certgate and No.1 Business Communication Ltd. do not accept limited liability as described below in § 9 and neither certgate, No.1 Business Communication Ltd. nor a third party will accept liability for damages incurred by free software as described below in § 10. In the case No.1 Business Communication Ltd. provides free No.1 BC Network Services, it reserves the right to delete stored data on the server without further notification, in the case that you did not go online for at least 30 days and connected to the server. The free software may display a banner advertisement at sole discretion of No.1 Business Communication Ltd. At no time so ever will personal information of the user or used device is transmitted to any Third Party. Free software may have a feature that deactivates the software automatically, changes its functionality and / or informs you of restrictions in the usage after a predefined space of time. certgate and No.1 Business Communication Ltd. reserve the right to stop supporting so called free software at any time without prior notification. Hereby the granted user license is terminated.
- Beta Software
- If you use Beta software, then you may only use the software in line with the terms and conditions of this End-User License Agreement (and all related services that No.1 Business Communication Ltd. makes available) for internal tests or to test the compatibility of your own product or of another product (or other products) that operate in connection with the software. The software may be used until (i) 90 days after delivery date, (ii) the date of commercial release of the non-beta version or (iii) 10 days after we inform you in writing or in any digital form of notification of the termination of the right of use. You are not allowed to use the software in an active working environment where the use is as a commercially released product or in connection with data files that are not sufficiently secured. You are not allowed to use the software for benchmark or performance tests.
- Recognition and additional limited guarantee and no warranty clause. You recognize that all software marked “beta” and/or “beta software” may contain mistakes, may malfunction or that not all functions are available and that it can disrupt the functionality of other software applications and that it may cause errors e.g. data loss or similar problems. WE DO NOT RECOMMEND YOU INSTALL BETA SOFTWARE ON A DEVICE ON WHICH YOU HAVE INSTALLED FORMER VERSIONS. YOU SHOULD NOT INSTALL BETA SOFTWARE ON A DEVICE ON WHICH YOU HAVE INSTALLED FORMER VERSIONS WITHOUT ASSURING THAT THE COMPUTER CONFIGURATION DOES NOT ALLOW THE BETA SOFTWARE TO REPLACE THE FORMER VERSION. As the beta software is free of charge certgate and No.1 Business Communication Ltd. do not accept any limited guarantee / liability as described in § 9 related to beta software.
- All beta software, including its existence and functions and related information is copyrighted and confidential information of certgate. You agree not to disclose any beta software or any documentation or related information of any kind (including software functions or application and test results) to third parties or to allow them access to these. This applies for one year after delivery date of the software or until commercial release. Afterwards you agree not to disclose any information concerning the software to third parties or allow them access to these that have not been publicized by certgate or its licensee No.1 Business Communication Ltd. at the time of commercial release. These restrictions do not apply to information that:
- is publicly known at the time of commercial release;
- has been legitimately acquired by third parties, that are not bound to confidentiality;
- has been printed or made available to the public by certgate or its licensee No.1 Business Communication Ltd. in other ways;
- have been generated by you before you received the information and this can be proven according to your records; or that
- is requested by the law, by governmental orders or by court orders, provided that certgate or No.1 Business Communication Ltd. have been duly informed in time before publication in writing and that you follow secured regulations.
- certgate and/or its licensee No.1 Business Communication Ltd. are not obliged to provide technical maintenance or support or updates for beta software. Any software supplements that are made available to you with beta software are subject to the terms and conditions of this End-User License Agreement. In no way certgate or its licensee No.1 Business Communication Ltd. are obliged to provide you with a released commercial version of the software for your participation in testing the program. certgate or its licensee No.1 Business Communication Ltd. are not obliged to make beta software available to the commercial market.
You agree to the following limitations and restrictions and make sure that others (including the end user whose software you sponsor) do not infringe the terms and conditions of this End-User License Agreement.
- Copying, distribution and usage.
You are not allowed to copy the software unless in connection with the installation or for safety and archive reasons. You are not allowed to sell, lease, loan, sublicense or distribute the software and the activation key(s) or use the software or allow third parties to install the software or enable them direct or indirect access to the software and/or to the functionality of the software or the activation key(s) other than stated in this End-User License Agreement.
- Proprietary rights.
You are not allowed to modify or remove the copyright, the trademark, and the patent or other trademarked information contained in or on the software.
- Re-engineering, de-compilation and disassembly.
You are not allowed to re-engineer, decompile, disassemble the software or try in any other way to find out the source code – with exception and only if such activities are allowed by law. You agree to request written information that certgate and its licensee No.1 Business Communication Ltd. have no possibility of sending you an appropriate software module before trying to attain such compatibility.
- Modifications and derived versions.
You are not allowed to modify the software or to create derived versions.
- Unauthorized intervention of certain functions.
You are not allowed to modify, switch off, damage, evade, delete, deactivate or interfere with the following functions of the software:
- those that assert the limits and limitations of the licensee
- technical functions
- statistical information concerning the software
- Use of former versions.
You are not allowed to continue using former versions of the software after you have installed an upgrade or an update of the software that substitutes the software entirely.
- Contents, use of Internet pages and data traffic.
The user is not allowed to infringe legal bans, morality and the rights of others with form, content or intended purpose of the data to be transferred or with the stored data of the hosted services. The user especially agrees not to transfer any data containing pornographic elements, glorifying violence, or used or neither sedition nor data that evokes felonies or instruct these. The customer is not allowed to send or store any data on the No.1 BC Network services media that in its form and character (virus) or size and duplication (e.g. spamming) may jeopardize the data net or cause damages on the computer or any other device of the addressee. Should No.1 Business Communication Ltd. acquire knowledge that transferred and stored data infringes the above mentioned prohibitions, laws, morality or the rights of third parties, then No.1 Business Communication Ltd. has the right to terminate access. The user is liable for all damages arising from these infringements and is indemnified from all claims by third persons.
- Activation keys.
Every software activation key and account is exclusively for your personal use (or for the use of another end-user for whom you have applied for and installed a licensee). You (and your licensed end-user) are solely responsible for the non-disclosure and the security of the activation key(s) and account(s). You have the sole responsibility and liability for the use of your activation key(s) or your account(s) and for activities that take place via your activation key(s) or your account(s).You agree to notify No.1 Business Communication Ltd. immediately about any unauthorized access to or use of your activation key(s) or accounts. The software contains technological functions, which prevent the unlicensed and illegal use. You agree that we are allowed to use these functions.
- Use of the software.
If you are a software developer, who is developing products or applications with the software, then you may use the software complying with the terms and conditions of this End-User License Agreement.
- Copying, distribution and usage.
- Service and Support
Technical support for the software can be found on the No.1 Business Communication Ltd. website www.no1bc.com. If no extended support has been agreed upon, then only the above mentioned support is available. No.1 Business Communication Ltd. offers extended support through its partner network.
Independent of whether you subscribe to a service and support offer or not No.1 Business Communication Ltd. reserves the right to make updates or additions available via automatic download in order to guarantee the correct functionality of the software. Expert technical information that you give No.1 Business Communication Ltd. in connection with support services may be used by No.1 Business Communication Ltd. for business purposes, including product- and service development.
- Consent to The Setting up of Bidirectional Connection to a Server
Data exchange can take place whenever the software runs on a device, whether you are working in a common, shared space or not or when you use the software actively. This shared space is used for data exchange and is utilized by other users. You acknowledge and agree that the software establishes such bidirectional connections to a server and exchanges data and you agree that neither certgate or No.1 Business Communication Ltd. are not responsible for any behaviour or transferred data of a party (or from your device), that is transmitted to you or your computer after you have installed the software or made use of any services.
- Limited Guarantee and Liability
- No.1 BC Communication Ltd. operates in compliance with applicable law and regulations of its legal residence. No.1 Business Communication Ltd. does not guarantee that the software (including all types of updates which No.1 Business Communication Ltd. may deliver) will comply with all legal regulations in any country you may use the software, reside, do business or live in. certgate or No.1 Business Communication Ltd. cannot be made responsible for any defect of the software caused by modification, misuse or damage undertaken by you or a third party; or for defects arising from hardware or network configuration or interferences or from software or services rendered by third parties. This guarantee does not apply to software that is covered by §4 or §5 of this End-User License Agreement.
- Apart from the limited warranty as described in §9.1. certgate, No.1 Business Communication Ltd. and its partners and distributors disclaim any guarantees concerning software and services and all products of third parties, that you or other end-users use in connection with software or services, whether explicit or implicit, including any implicated warranties of merchantability. certgate and No.1 Business Communication Ltd. especially do not declare that the software or the services are error-free, that they will function failure-free, that they are or will be complete or can interoperate with software or services rendered by third parties.
Software and services are not to be used in dangerous areas that must remain absolutely free of disturbances e.g. nuclear grounds, aircraft navigation or communication, air traffic control, direct "life support devices", weapons, defense systems where disturbances may cause human injuries, death, damages to property or environment. certgate and No.1 Business Communication Ltd. rejects any rights to compensation, if the software is used in above mentioned cases.
- Exclusion of Compensation and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER certgate and No.1 Business Communication Ltd. NOR ANY OF ITS DIRECTORS OR EMPLOYEES WILL BE LIABLE TO YOU OR OTHER END-USERS FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY ARISE DUE TO THIS END-USER LICENSE AGREEMENT OR IN CONNECTION TO THE SOFTWARE OR SERVICES ASSOCIATED TO THIS END-USER LICENSE AGREEMENT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INTERRUPTION, BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS).
- Final Provisions
In the event one or several provisions of this End-User Licence Agreement are invalid or unenforceable, the Parties shall replace this invalid or unenforceable provision with a provision which comes as close as possible to the economic purpose of this End-User Licence Agreement. The remaining provisions of this End-User Licence Agreement remain fully enforceable.