CommuniGate Pro License Agreement
CommuniGate Pro software license terms and conditions
Attention! Please read the following terms of the License Agreement with the end user before you install, copy or otherwise use CommuniGate Pro software (hereafter – the Software).
When you press button «Accept» in the Agreement window you confirm that you have read and acknowledged the License Agreement and undertook to fulfil its terms.
If you do not agree with the License Agreement terms, please do not use the Software and delete it. The License Agreement is valid during the whole term of the Software exclusivity period, unless it is written otherwise in the License Agreement or in a separate agreement between you and STALKER SOFTWARE GROUP or a Partner of STALKER SOFTWARE GROUP.
Copyright law and international agreements protect the Software, and patent law and secret processes law protect some of its parts.
If an agreement with STALKER SOFTWARE GROUP or a Partner of STALKER SOFTWARE GROUP made in paper, as well as in writing, follows the Software, and this agreement determines the terms of the Software use, then in case of conflict between the agreement made in paper, as well as in writing, and this License Agreement, the agreement made in paper, as well as in writing, prevails.
Terms and Definitions
«STALKER SOFTWARE GROUP», also doing business as «CommuniGate Systems», means:
Stalker Software, Inc, having its registered address at 1100 Larkspur Landing Circle, Suite 355 Larkspur, CA 94939 U.S.A;
«StalkerSoft» AO, having its registered address at 123458 Russian Federation, Moscow, Marshala Proshliakova st. 30, office 307;
Stalker Software GmbH, having its registered address at Schlüterstrasse 37, 10629 Berlin, Germany;
Butenko Vladimir Anatolievich.
«Intellectual property rights» – all intellectual property rights, including the software for electronic computers (computer software), copyrights, designs and industrial designs, trademarks, service marks, registration of the goods and rights for similar facilities, secret processes (know-how), trade secrets and confidential information, and other exclusive rights.
«Partner» - person or legal entity to which STALKER SOFTWARE GROUP granted the right to resell and distribute the licensed copies of the Software to the Users directly or through the intermediary.
«License» – granted by STALKER SOFTWARE GROUP limited rights for installation and use of the Software on the terms of simple non-exclusive license according to the License Agreement.
«Software» – means the software itself: multiprotocol communicational server СommuniGate Pro, documentation to CommuniGate Pro software, release notes, CommuniGate Pro software update, which copyright holds STALKER SOFTWARE GROUP.
«Copyright Holder» - STALKER SOFTWARE GROUP.
«User Account» – – record containing distinct identification information (such as username and password) when working with the Software.
«Digital License Keys (License Keys)» - the common name of the confidential information, which is a unique sequence of digital data and enables the User to use the software after the legal acquisition of the rights to use the software.
«User» – any person or legal entity who acquired the software.
«The domain name on the Internet (Domain)» - a symbolic designation, registered for the network addressing, which uses the domain name system (DNS).
«Trademarks» - titles CommuniGate Systems, CommuniGate Pro, CommuniGate Pronto! and logotype CommuniGate Pro, CommuniGate Pronto!, CommuniGate Systems. All the listed trademarks are registered trademarks of STALKER SOFTWARE GROUP.
1. License Granting
1.1 STALKER SOFTWARE GROUP provides the User with a simple (non-exclusive) license to install and use the Software, subject to license volume and all the limitations contained in the License Agreement, software or hardware license keys provided by the STALKER SOFTWARE GROUP (hereinafter - the License Key), the Software and/or separate written agreement between the User and STALKER SOFTWARE GROUP or STALKER SOFTWARE GROUP Partner.
1.2 Restrictions on the use of the Software may include the following items, but are not limited to them:
1.2.1 Restriction on the number of accounts and network access. The volume of the License acquired depends on the type and limits the number of User Accounts for the Software use and network access to the Software. Type of the License acquired is specified in a separate written agreement between the User and STALKER SOFTWARE GROUP or STALKER SOFTWARE GROUP Partner.
1.2.2 STALKER SOFTWARE GROUP reserves all rights to the Software not expressly granted to the User under the terms of the License Agreement. The License Agreement does not transfer to the User any rights to trademarks of STALKER SOFTWARE GROUP.
1.2.3 Any use of the Software or its components which does not comply with the terms of the License Agreement is a violation of intellectual property rights of STALKER SOFTWARE GROUP and serves as the grounds for the User's revocation of right to use the Software provided to the User under the License Agreement.
2. The License Keys for the Software Activation
2.1 The License to install and use the Software is transferred together with the issued and provided to the User digital license keys.
2.2 Before starting to use the commercial version of the Software, the User enters the License Keys in the appropriate box.
2.3 The ability to use the Software according to its functional purpose is coming from legally obtained digital license keys which the User has.
2.4 License Keys are usually available in the form of a file.
3. Restrictions on Use
3.1 The License allows to use each set of the License Keys on single-processor or multi-processor servers.
3.2 Each set of the License Keys is issued for one Domain name (Main domain). The User acknowledges that the Domain name exists and that it is registered by the User.
3.3 The Main domain name cannot be changed after the License Keys issue.
3.4 In addition to the Main domain the User can have any number of secondary domains on a single copy of the Software using the issued License Keys.
3.5 The Users are not allowed, except for the cases stipulated by law, decompile, disassemble, modify, rent, lease, loan or create derivative works based on the Software.
3.6 The User can change the components of the Software as defined in the documentation as "custom".
3.7 The issued set of the License Keys is valid only for the current version of the Software officially released on the date when the License Keys were issued, as well as for newer versions officially released within 12 months from the original date.
3.8 The User can not use his License Keys for any version of the Software, for which the keys are invalid.
3.9 The rights under this License will terminate automatically without notice from STALKER SOFTWARE GROUP if the User does not fulfill any of the conditions of the License Agreement.
4. Software Demonstration Mode
4.1 If the User does not enter a digital license key in the installed Software, the Software will work in demo mode.
4.2 The demo version is limited in the number of User Accounts.
4.3 The demo version will have all the capabilities and features of the commercial version.
5.1. STALKER SOFTWARE GROUP may from time to time develop new versions of the Software. Nothing in this License Agreement obliges STALKER SOFTWARE GROUP to develop any specific update or improvement. STALKER SOFTWARE GROUP can implement new features and/or components of the Software that require additional License Keys. The User is not required to purchase additional keys, if he does not want to use these new features and/or components.
6. Technical Support and Maintenance
6.1 The new, updated set of the License Keys should be used with the version of the Software released after the initial maintenance period.
6.2 The updated License keys can be issued in any month in the same month as the beginning of the use of License, or on the last day of the month if the month is shorter. This date is called "Update Date".
6.3 The updated License keys grant the right to use the new version of the Software issued within 12 months from the Update Date.
6.4 To use the newer version requires a new set of updated License Keys.
6.5 The cost of the upgraded License Keys is calculated as the number of months that have passed since the last Update Date (or from the beginning of the License use date) multiplied by a flat rate for the service.
6.6 If a set of License Keys includes several keys, all the License Keys in the set should be updated at the same time.
6.7 The User may be provided with technical support, maintenance and professional services related to the Software (hereinafter - Technical Support) on the terms of the existing rules of STALKER SOFTWARE GROUP Technical Support.
7. Intellectual Property Rights
7.1 No intellectual property rights of STALKER SOFTWARE GROUP (including this Software, all trademarks and intellectual property, copyright protected) is transferred to the User.
8. Limited Guarantee
8.1 The User acknowledges and agrees that he uses the Software at his own risk.
8.2 STALKER SOFTWARE GROUP guarantees the quality and performance of tangible media on which the Software is available only under normal use and only for a minimum specified warranty period starting from the date of the Software purchase.
8.3 THE SOFTWARE, INCLUDING ANY DOCUMENTATION, IMPROVEMENT AND UPDATE, IS PROVIDED "AS IS", AND STALKER SOFTWARE GROUP MAKES NO WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED BY LAW, COMMON LAW, CUSTOMARY LAW AND TRADE CUSTOMS) IN RELATION TO WHATSOEVER, INCLUDING WARRANTY ON THE COMPLIANCE OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY AND FITNESS FOR SPECIFIC TASKS. STALKER SOFTWARE GROUP DOES NOT WARRANT THAT THE SOFTWARE DOES NOT CONTAIN ERRORS, WILL MEET THE REQUIREMENTS OF THE USER, OR THAT THE SOFTWARE WILL FUNCTION PROPERLY WHEN USED WITH ANY OTHER SOFTWARE OR HARDWARE. STALKER SOFTWARE GROUP DOES NOT WARRANT OR GUARANTEE THE OPERATION AND RESULT THAT MAY BE OBTAINED BY THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS ASSIGNED TO THE USER. IN ADDITION, STALKER SOFTWARE GROUP MAKES NO WARRANTIES WITH RESPECT TO ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH THE SOFTWARE.
9. Liability Restriction
9.1 STALKER SOFTWARE GROUP IN NO CASE SHALL BE LIABLE TO THE USER FOR DAMAGES, FORCED INTERRUPTION OF BUSINESS, LOSS OF BUSINESS OR LOSS OF OTHER DATA OR INFORMATION, FOR CLAIMS OR COSTS, ACTUAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR LOST PROFITS OR LOST REVENUE RESULTING FROM THE USE OF AND/OR IN CONNECTION WITH THE USE OF THE SOFTWARE, OR FOR DAMAGES CAUSED BY POSSIBLE ERRORS OR MISPRINTS IN THE SOFTWARE, EVEN IF A REPRESENTATIVE OF STALKER SOFTWARE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE ABOVE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN ANY CASE RESPONSIBILITY OF STALKER SOFTWARE GROUP UNDER THE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT THAT USER PAYS FOR THE SOFTWARE LICENSE.
10. Applicable Law
10.1 f the Software is purchased on the territory of the Russian Federation, Belarus, or other states of the Commonwealth of Independent States (CIS), and/or it is purchased from AO StalkerSoft, this License Agreement is goverened by the law of the Russian Federation.
10.2 If the Software is purchased in the United States of America, and/or it is purchased from Stalker Software, Inc., this License Agreement is goverened by the law of the State of California.
10.3 If the Software is purcahsed on the territory of the European Union, and/or it is purchased from Stalker Software GmbH, this License Agreement is goverened by the law of the Federal Republic of Germany.
10.4 The User may not export or re-export the Software in violation of export restrictions imposed by the legislation of the country in which it was obtained or prepared. In addition, the User confirms that the applicable law does not prohibit purchasing the Software.
11. Expiry and Termination
11.1 Unless otherwise is agreed between the User and STALKER SOFTWARE GROUP or Partner of STALKER SOFTWARE GROUP in a separate written agreement, and unless otherwise is provided in this License Agreement, or in the documentation of the Software, then this License Agreement has unlimited duration from the date when the User first agreed with its terms, and may be terminated only in accordance with cl. 3.9.
12. Annually Licensed Components
12.1 Some components of the Software (including third-party plug-ins) are licensed on annual basis. License Keys issued for these components are valid for 12 months, and the new License Keys should be purchased to activate these components after each 12-month period.
13. General Provisions
13.1 The User agrees that the Software can periodically communicate over the Internet with STALKER SOFTWARE GROUP server to check status of the Software, download additional materials, information or components, or STALKER SOFTWARE GROUP warnings about possible actions aimed at eliminating the restrictions on the Software use established by STALKER SOFTWARE GROUP through use of digital rights protection means.
13.2 STALKER SOFTWARE GROUP may send to the Users e-mails containing news about the Software and STALKER SOFTWARE GROUP itself, information about special offers, tips for using Software and other information related to the activities and products of STALKER SOFTWARE GROUP, provided that the User agrees to receive such information. The User can remove his email address from the mailing list of STALKER SOFTWARE GROUP any time.
13.3 In case of claims to the User or lawsuits in connection with the Software use, the User is obliged to inform STALKER SOFTWARE GROUP about it during three (3) calendar days from the date when the User learned about such claims. The User is obliged to make all the necessary steps to provide an opportunity to STALKER SOFTWARE GROUP to participate in resolving of such claims or lawsuits in court, and to provide all information necessary for settlement of the corresponding claims not later than seven (7) calendar days from the date of request receipt from STALKER SOFTWARE GROUP.
13.4 If any provision of this License Agreement is found to be null and void or invalid, the remaining provisions of the License Agreement remain valid and enforceable.