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IMPORTANT-READ CAREFULLY: This ISL Online License Agreement ("LA") is a legal agreement
between you (either an individual person or a single
legal entity, who will be referred to in this LA
as "You")
and XLAB d.o.o., maintaining its principal place
of business at Teslova 30, SI-1000 Ljubljana, Slovenia,
European Union ("XLAB" or "We" or "Our")
for the software products ISL Online (ISL Light, ISL AlwaysOn, ISL Pronto, ISL Groop), including any
associated media, printed materials and electronic
documentation (the "Software
Product"). The Software Product also includes any software
updates, add-on components, web services and/or
supplements that XLAB may provide to You or make
available to You after
the date You obtain Your initial copy of the Software
Product to the extent that such items are not accompanied
by a separate
license agreement or terms of use. By installing,
copying, downloading, accessing or otherwise using
the Software Product,
You agree to be bound by the terms of this LA.
If You do not agree to the terms of this LA,
do not install, access or use the Software Product.
SOFTWARE
PRODUCT LICENSE.
The Software Product is protected by intellectual property laws and treaties.
The Software Product is licensed, not sold. The Software Product is compound
of several software modules ("Modules"). This LA refers to all Modules equally, unless otherwise specified.
DEFINITIONS.
Hosted Service. Business
relationship where XLAB binds itself to provide
Software Product to You and You agree to pay fees
according to our pricing policy. When You use the Software Product the connections will be established through the network of servers, owned and maintained by XLAB.
Server License. Business
relationship where You acquire a
license for ISL Conference Proxy Module.
In such case, you can setup the Software Product on your own server(s). Such installation works independently
of the network of servers, owned and maintained by XLAB.
1. GRANT OF LICENSE.
Licensing active connections. The
Software Product is licensed per active connection
through the ISL Conference Proxy.
General License Grant to Install and
Use 15-Day Trial of Hosted Service. To
obtain the 15-Day Trial version of the Hosted Service,
you need to register on the Software Product's Website.
XLAB will provide You with a free 15-Day Trial
version of the Hosted Service, which You may
use for 15 days after the date you activated
the Activation Key.
You acknowledge and agree that XLAB has a right
to decline Your request to obtain a
15-Day Trial of the Hosted Service without
explaination
or may even not respond to Your request. You
are entitled
to one free 15-Day Trial period of the Hosted Service.
You may not use your trial version of the Hosted Service after its expiration date.
General License Grant to Install and
Use 30-Day Trial of Server License. To
obtain the 30-Day Trial version of the Server
License, you need to register on the Software Product's Website. XLAB will provide You with a free 30-Day Trial
version of the Server License, which You may
use for 30 days after the date you activated
the Activation Key on your account. You acknowledge
and agree that XLAB has a right to decline Your
request to obtain
a 30-Day Trial of the Server
License without explaination or may even not respond to Your request. You
are entitled to one free 30-Day Trial period
of the Server License. You may not
use your trial version of the Server License after its expiration date.
General License Grant to Use the Hosted Service. By
buying the PayPerUse Coupon or subscribing to the Software Product,
You may use the the Software
Product for the limited period of time and number of active connections, as agreed with the XLAB or its Authorized Reseller.
General License Grant to Install and
Use Server License. By buying a Server
License of the Software Product, You may use
the obtained version of
the Software
Product for unlimited period of time. You may use as many active connections, as agreed with the XLAB or its Authorized Reseller. You are not entitled to
any free upgrades or updates unless otherwise publicised by XLAB. XLAB
will provide the support for the product at
least 1 year after You purchased a
copy of the Software Product.
Open Source Policy. Some
Modules use VNC libraries
as a
part
of desktop
sharing
system,
which are distributed under the GNU
Public License.
You acknowledge and agree that the following
DLL files are subject to the GNU Public License
(othread2.dll,
vnchooks.dll, vncviewerdll.dll and winvncdll.dll). Here you
can download the source code of the mentioned
files. You acknowledge and agree that this product
includes software developed by the OpenSSL Project
for use in the OpenSSL Toolkit and you agree
to the OpenSSL
License.
Reservation of Rights. All
rights not expressly granted are reserved by
XLAB.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Copy Protection. The Software
Product may include copy protection technology
to prevent the unauthorized copying of the Software
Product. It is illegal to make unauthorized copies
of the Software Product or to circumvent any
copy protection technology included in the Software
Product.
Limitations on Reverse Engineering, Decompilation,
and Disassembly. You may not reverse engineer,
decompile, or disassemble the Software Product,
except and only to the extent that such activity
is expressly permitted by this LA or applicable
law notwithstanding this limitation.
Limitations of use. You may use
the Software Product for the business
purposes of your legal entity only. One legal entity
is different from another legal entity if they
have different tax numbers. You may not resell, distribute, or sublicense the Software Product or use the Software Product for the development, production or marketing of a service or product substantially similar to the Software Product. You shall not use the Software Product in any manner that could damage, disable, overburden, impair or otherwise interfere with Software Product’s websites, Software Product or networks connected to the Software Product.
Support Services. XLAB may provide
You with support services related to the Software
Product ("Support Services"). Any supplemental
software code provided to You as part of the Support
Services are considered part of the Software Product
and subject to the terms and conditions of this
LA. You acknowledge and agree that XLAB may use
technical information You provide to XLAB as part
of the Support Services for its business purposes,
including for product support and development.
XLAB will not utilize such technical information
in a form that personally identifies You.
Termination. Without prejudice
to any other rights, XLAB may terminate this LA. In such event, You must destroy all
copies of the Software Product and all of its component
parts.
3. SERVICE LEVEL COMMITMENT FOR THE HOSTED SERVICE.
Availability. We endeavour to
ensure that the Hosted Service is available 90%
of any month. In the event that Hosted Service
availability
falls to bellow 90% for given month for You,
we will credit your Hosted Service with 1/12
of the yearly fee. This credit will be in the
form of partially extending your Hosted Service
and will not result in a refund of any Customer
fees due or previously paid. You agree to notify
us immediately if You suspect the Hosted Service is unavailable. You agree
to provide reasonable information as required
by XLAB for proper diagnosis/repair and for proper
calculation of any applicable credit.
Credit does not apply as a result of. a) unavailability due to Scheduled Maintenance
as defined bellow; b) periods of unavailability during which your Hosted Service
is not in good financial standing or You are in violation of this Agreement;
c) circumstances beyond our control, including, without limitation, acts of
any governmental body, war, embargo, fire, flood, extended unavailability of
Public Utility Service or unavailability or delay in telecommunications, or
Internet Service Providers; d) Your misuse of the Software Product.
Scheduled Maintenance. Scheduled
Maintenance shall mean any maintenance performed
by us. We will notify You via email at least 48
hours in advance of any Scheduled Maintenance.
We agree to make reasonable attempts to perform
Scheduled Maintenance during historically low use
hours based on average use by our Customers. We
are permitted to conduct emergency maintenance
Amendments. We reserve the right
to amend the service level commitment from time
to time, effective upon notice to You. In the event
of any such amendment, You may elect to terminate
Hosted Service without penalty by providing us
with written notice of such termination within
30 days following notice of such amendment.
Acceptable Use Policy. If Hosted Service account is used to for illegal purposes
our any operations that might be harmful to XLAB,
we reserve the right to terminate your service
without notice. We prefer to advise customers of
inappropriate behaviour and any necessary corrective
action, however, flagrant violations of the Acceptable
Use Policy will result in immediate termination
of service. Our failure to enforce this policy,
for whatever reason, shall not be construed as
a waiver of our right to do so at any time.
3. UPGRADES.
If
the Software Product is labelled as an upgrade,
You must be properly licensed to use a product
identified by XLAB as being eligible for the
upgrade in order to use the Software Product.
A Software Product labelled as an upgrade replaces
or supplements (and may disable) the product
that formed the basis for Your eligibility for
the upgrade. You may use the resulting upgraded
product only in accordance with the terms of
this LA.
4. INTELLECTUAL PROPERTY RIGHTS.
All
title and intellectual property rights in and to the Software
Product (including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets" incorporated
into the Software Product), the accompanying printed materials,
and any copies of the Software Product are owned by XLAB
or its Authorized Resellers. All title and intellectual
property rights that is not contained in the Software Product,
but may be accessed through use of the Software Product,
is the property of the respective content owners and may
be protected by applicable copyright or other intellectual
property laws and treaties. This LA grants You no rights
to use such content and does not
grant You any rights in connection with any trademarks
or service marks of XLAB.
5. BACKUP COPY.
You may make one copies
of the Software Product solely for backup or archival purposes.
Except as expressly provided in this LA, you may not otherwise
make copies of the Software Product or the printed materials
accompanying the Software Product.
6. APPLICABLE LAW.
If you acquired this Software Product from the XLAB, this LA shall be subject
to, and governed by, the Laws and statutes of Republic of Slovenia. If this
Software Product was acquired from the XLAB's Authorized Reseller outside
the Republic of Slovenia, then local law may apply.
7. LIMITED WARRANTY.
XLAB warrants that the SOFTWARE PRODUCT
will perform substantially in accordance with the
accompanying materials for a period of ninety (90)
days from the date of receipt. AS TO ANY DEFECTS
DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE
IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions
do not allow limitations on how long an implied
warranty or condition lasts, so the above limitation
may not apply to you. Any supplements or updates
to the SOFTWARE PRODUCT, any (if any) service packs
or hot fixes provided to you after the expiration
of the ninety (90) day Limited Warranty period
are not covered by any warranty or condition, express,
implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. YOU ARE NOT ENTITLED
TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the
Software Product does not meet XLAB's Limited Warranty, even if any remedy
fails of its essential purpose.
YOUR EXCLUSIVE REMEDY. XLAB's and its Authorized Resellers entire liability
and your exclusive remedy shall be (a) return of the price paid (if any) for
the Software Product, or (b) repair or replacement of the Software Product,
that does not meet this Limited Warranty and that is returned to XLAB or its
Authorized Reseller with a copy of your receipt. You will receive the remedy
elected by XLAB without charge, except that you are responsible for any expenses
you may incur (e.g. cost of shipping the Software Product to XLAB). This Limited
Warranty is void if failure of the Software Product has resulted from accident,
abuse, misapplication, abnormal use or a virus. Any replacement Software Product
will be warranted for the remainder of the original warranty period or thirty
(30) days, whichever is longer. To exercise your remedy, contact: XLAB d.o.o.,
Teslova 30, SI-1000 Ljubljana, Slovenia, European Union or the XLAB's Authorized
Reseller serving your country.
8. DISCLAIMER OF WARRANTIES.
THE LIMITED
WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY
MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS
WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING.
EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, XLAB AND ITS SUPPLIERS PROVIDE
THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH
ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES
OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS,
OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF
NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION
OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS
NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT
WITH REGARD TO THE SOFTWARE.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND
OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL XLAB OR ITS AUTHORIZED
RESELERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL
OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY
INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE,
AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER
OR IN CONNECTION WITH ANY PROVISION OF THIS LA, EVEN
IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY
OF XLAB OR ANY AUTHORIZED RESELER, AND EVEN IF XLAB OR
ANY AUTHORIZED RESELER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
10. LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING
ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE
AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY
OF XLAB AND ANY OF ITS AUTHORIZED RESELERS UNDER ANY PROVISION
OF THIS LA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING
(EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED
BY XLAB WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY)
SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID
BY YOU FOR THE SOFTWARE.
11. ENTIRE AGREEMENT.
This LA (including
any addendum or amendment to this LA which is included
with the Software Product) is the entire agreement between
you and XLAB relating to the Software Product and the support
services (if any) and they supersede all prior or contemporaneous
oral or written communications, proposals and representations
with respect to the Software Product or any other subject
matter covered by this LA. To the extent the terms of
any XLAB policies or programs for support services conflict
with the terms of this LA, the terms of this LA shall
control.
12. RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS.
You agree that You are solely responsible for the content of all visual, written or audible communications You transmit by using the Software Product. You further agree not to use the Software Product to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although XLAB is not responsible for any such communications, we may delete any such communications of which we become aware, at any time without notice to You. 13. MODIFICATIONS.
We reserve the right to change or supplement this LA at any time without prior notice. Any changes to this LA will be posted to this website. Any changes will become effective upon posting. We urge you to monitor this website to stay abreast of any changes. |
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