License

You must agree to the license below before downloading and using the product.

Uniqall Gridborg HMP Server 1.4.9 (release) End User License Agreement (the Agreement')

Uniqall d.o.o.
Oreskoviceva 25,
10010 Zagreb,
Croatia

Notice to user:
This is a legal document between you ('Licensee'), either an individual or a legal entity, and Uniqall Group LLC ('Uniqall').
It is important that you read this document before using the Uniqall-provided software and accompanying documentation (the 'Software').
By using the Software, you agree to be bound by the terms of this Agreement. If you do not agree, you are not licensed to use the Software, and you must delete and/or destroy any copies of the Software in your possession or control.


Definitions:

Processor:
For the purpose of this Agreement processor ('Processor') is defined as a processing core, not processor chip. Processor chip containing two or more processing cores is considered being multiple Processors.

Server:
For the purpose of this Agreement server ('Server') is defined as physical computing device, not as virtual machine running on top of some virtualization software. Server running several virtual machines is considered being a single Server.

Concurrent Port:
For the purpose of this Agreement concurrent port ('Concurrent Port') is defined as on a single Server concurrently opened front-end (H.323 or T.38) connection.

Branch:
The Software is a part of the 1.X.X branch ('Branch') of the Gridborg HMP software.


1. Grant of License
Uniqall grants to Licensee worldwide, non-exclusive, non-transferable, license (the 'License') to download, install and use the Software under the terms and conditions specifically set out in this Agreement.

If Licensee use the Software on the evaluation basis prior purchasing the License then the a) applies:
a) Evaluation License
Time-limited evaluation License ('Evaluation License') is granted to Licensee to use the Software on any number of Servers with any number of Processors and with any number of Concurrent Ports.

If Licensee use the software following the purchase of the License then depending on the number and the type of Licenses that Licensee purchased the b), or the c), or both the b) and the c) apply:
b) Per Processor
License is granted to Licensee to use the Software on any number of Servers provided that total number of Processors in those Servers is lower than or equal to the number of "Per Processor" Licenses purchased by Licensee.
c) Per Concurrent Port on Server
License is granted to Licensee to use the Software on the Server for which the License is purchased provided that the total number of Concurrent Ports used is lower than or equal to the number of Concurrent Ports from the purchased License.


2. Term and termination:
The License granted under this Agreement terminates (without prior notice) on the earliest of:
a) 45 days from the download date if you use the Software under the time-limited Evaluation License.
b) When Licensee fails to comply with this Agreement.
Upon such termination Licensee must delete and/or destroy all copies of the Software.

3. Restrictions on use:
Licensee acknowledges that the Software represents and embodies valuable trade secrets of Uniqall and/or its suppliers, affiliates and licensors.
Except in accordance with the terms of this Agreement, Licensee agrees:
a) Not to decompile, disassemble, reverse engineer or otherwise attempt to derive the Software's source code from object code except to the extent expressly permitted by applicable law or treaty despite this limitation.
b) Not to sell, rent, lease, license, sub license, display, modify, time share, assign, delegate, outsource or otherwise transfer the Software to any third party.
c) Not to disclose to any third party the results of any performance / benchmark tests run on the Software without the prior written consent of Uniqall.

4. Applicability:
Licensee acknowledges that the Software is not intended for use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, life support machines or other equipment, systems and facilities in which the failure of the Software could lead to death, personal injury, or severe physical or environmental damage.

5. Third party software:
Licensee acknowledges that the Software is dependent on, and distributed together with the software made by various third parties. In order to use the Software Licensee must accept and comply with those third parties' software licenses. Copies of third parties' licenses are provided in separate documents in accordance with those licenses.

6. Ownership of the Software and copyrights:
Title to all copies of the Software remains with Uniqall and/or its suppliers, affiliates and licensors. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. Licensee may not remove any copyright notices or licenses from the Software. Except as otherwise expressly provided, Uniqall grants no express or implied right under Uniqall and/or its suppliers, affiliates and licensors patents, copyrights, trademarks, or other intellectual property rights.

7. Contributions:
Licensee hereby grants to Uniqall an irrevocable, worldwide, exclusive, royalty-free license under all intellectual property rights (including copyright) to use, copy, distribute, sublicense, display, perform and prepare derivative works based upon any contribution including oral or written feedback, ideas, materials, fixes, error corrections, enhancements, suggestions and the like that Licensee provide to Uniqall.

8. Upgrades; compatibility:
Release of future versions ('Upgrades') of the Software (if any) is at Uniqall's sole discretion. Uniqall can provide no assurance that it will ever produce or make generally available any Upgrades of the Software.
The software is the subject of change at any time at Uniqall's sole discretion. Uniqall can provide no assurance that any future Upgrades are going to be backward compatible with this version of the Software, or that there is going to be any prior notice regarding such incompatibility.

9. Cost of Upgrades:
If Uniqall release any Upgrade within this Branch of the Software Licensee is entitled to use it instead of this version at no additional charge provided that Licensee accept the license that will govern the use of the Upgrade.
Licensee acknowledges that it may be required to pay full price of the License if it wish to upgrade to any Upgrade that is not within this Branch of the Software.

10. License changes:
Uniqall retain all rights to change this license in the Upgrades of the Software.

11. Technical support:
If Licensee use the software under the time-limited Evaluation License then the a) applies:
a) No technical support
Technical support is not included in the time-limited Evaluation License.
Responding on technical support requests is at Uniqall's sole discretion.
Even if in a particular case Uniqall decide to provide technical support that shall not mean that any subsequent request of such kind is going to be honored by Uniqall.

If Licensee use the software following the purchase of the License then the b) applies:
b) Time-limited, mailing list based technical support.
The gridborg-users@uniqall.com mailing list ('Mailing List') based technical support for the period of 90 days following the purchase of the License is included in the price paid for the License.
Responding on technical support requests made through any mean other than the Mailing List or through the Mailing List after the expiration of 90 days period is at Uniqall's sole discretion.
Even if in a particular case Uniqall decide to provide technical support made through any mean other than the Mailing List or through the Mailing List after the expiration of 90 days period that shall not mean that any subsequent request of such kind is going to be honored by Uniqall.

12. Disclaimer of warranties:
The Software may contain errors that could cause failures or loss of data, be incomplete or contain inaccuracies. LICENSEE EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT LICENSEE'S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED 'AS IS', WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND UNIQALL AND ITS SUPPLIERS, AFFILIATES AND LICENSORS (COLLECTIVELY REFERRED TO AS 'UNIQALL' FOR THE PURPOSES OF SECTIONS 12, 13) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UNIQALL DOES NOT WARRANT AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UNIQALL OR AN UNIQALL AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of liability:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL UNIQALL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF UNIQALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Uniqall's total liability to Licensee's for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

14. Indemnification:
Licensee agree to defend, indemnify and hold harmless Uniqall, where applicable, against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency or liability (including, without limitation, attorneys' fees) imposed upon, incurred by or asserted against Uniqall, where applicable, that result from or are alleged to result from:
a) Any failure to comply with this Agreement.
b) Any acts, misrepresentations or omissions in connection with this Agreement.
c) Any warranty, condition, representation or indemnity granted by Licensee for the Software.

15. Export law assurances:
Licensee may not use, download or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported:
a) into (or to a national or resident of) any U.S. embargoed countries or
b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List.
By download and/or use of the Software, Licensee represents and warrants that it is not located in, under control of, or a national or resident of any such country or on any such list.

16. U.S. government end users:
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software is provided with restricted rights. Use, duplication, or disclosure by the government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and computer Software clause at DFARS 252.277-7013, and paragraph (c)(1) and (2) of the commercial Computer Software - Restricted Rights clause at FAR 52,277-19. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. consistent with 48 C.F.R. 12.212 and C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire the Software with only those rights set forth herein.

17. Controlling law and severability:
This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, as applied to agreements entered into and to be performed entirely within Delaware between Delaware residents. The United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded, shall not govern this Agreement.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

18. Complete agreement; Governing language:
This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Uniqall. Any translation of this Agreement (if any) is done for local requirements and in the event of a dispute between the English and any non-English versions; the English version of this Agreement shall govern.