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End-User License Agreement for ownCloud Infinite Scale

IMPORTANT – PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALLATION.

ownCloud GmbH – ownCloud Infinite Scale

End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and ownCloud GmbH for ownCloud Infinite Scale (herein also refered to as „program“), whereas rights granted and other terms and conditions herein, may be also extended by ownCloud GmbH at any time, for example if parties mutually enter into extending license- or service-agreements or the like. By installing, copying, or otherwise using ownCloud Infinite Scale, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and ownCloud GmbH, (referred to as “licensor”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use ownCloud Infinite Scale.

ownCloud Infinite Scale is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. ownCloud Infinite Scale is licensed, not sold.

 

1. Definitions

  • Commercial Use means corporate use intended for commercial advantage, monetary compensation or profit-making, including but not limited to e.g. offering ownCloud Infinite Scale based software-as-a-service (SaaS), platform-as-a-service (PaaS) or any other types of hosted services to a third party. Whereas scenarios in which such a commercial advantage is intended to be realized indirectly by leveraging ownCloud Infinite Scale, e.g. as a cost-free add-on or as an embedded value-add proposition for supporting monetarization of other products or services or the like constellations, is also considered as Commercial. Whereas, Private Use and Productive Use are explicitly NOT considered as Commercial.
  • Organisation means a legal entity in form of an organisation or incorporation, including but not limited to enterprises, companies, associations, non-profit organisations, governmental institutions or educational institutions.
  • ownCloud Infinite Scale means the software program, packaged and distributed by  licensor in form of (but not limited to) zip-archives, tarballs, virtual images, software containers or the like formats, comprising executable binary code, compiled by licensor from the source code of the ownCloud Infinite Scale server backend (OCIS) and its associated web-frontend (Web) components and which may furthermore include associated software components, media, printed materials and “online” or electronic documentation.
  • Private Use means the use of ownCloud Infinite Scale privately by an individual, including  such individual´s family members and friends, solely at an everyday personal and private usage level or for testing, evaluation or development purposes and within the specifications and use-cases for which it was designed and released by licensor.
  • Productive Use means the use of ownCloud Infinite Scale by an Organization in its  productive day to day business or for testing, evaluation or development purposes and solely within the specifications and use-cases for which it was designed and released by licensor.

 

2. Grant of license

ownCloud Infinite Scale is licensed to you as follows:

  • (a) Installation, Private Use and Productive Use.
    For the means of any kind of Private Use or Productive Use, ownCloud GmbH grants you the non-exclusive, non-transferable right to install and use copies of ownCloud Infinite Scale on your device running a validly licensed copy of an operating system for which ownCloud Infinite Scale was designed.
  • (b) Backup Copies.
    You may also make copies of ownCloud Infinite Scale as may be necessary for backup and archival purposes.

 

    3. Description of other rights and limitations

    • (a) Commercial Use
      You must not install and use ownCloud Infinite Scale for Commercial Use.
    • (b) Maintenance of Copyright Notices.
      You must not remove or alter any copyright notices on any and all copies of ownCloud Infinite Scale.
    • (c) Distribution.
      You may not distribute copies of ownCloud Infinite Scale to third parties.
    • (d) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
      You may not reverse engineer, decompile, or disassemble ownCloud Infinite Scale, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
    • (e) Rental.
      You may not rent, lease, or lend ownCloud Infinite Scale.
    • (f) Support Services.
      ownCloud GmbH may provide you with support services related to ownCloud Infinite Scale (“Support Services”). Any supplemental executable code provided to you as part of such Support Services shall be considered part of ownCloud Infinite Scale and subject to the terms and conditions of this EULA.
    • (g) Compliance with Applicable Laws.
      You must comply with all applicable laws regarding use of the ownCloud Infinite Scale.
    • (h) Open Source Software.
      ownCloud Infinite Scale includes open source components that are subject to open source licenses. Those open source components are not subject to the terms and conditions of this EULA. Instead, each item is licensed under its applicable license terms which accompanies such component. Nothing in this EULA limits Your rights under, nor grants You rights that supersede, the terms and conditions of any applicable license terms for the open source component.

     

    4. Termination

    Without prejudice to any other rights, ownCloud GmbH may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the ownCloud Infinite Scale in your possession.

     

    5. Copyright

    All title, including but not limited to copyrights, in and to ownCloud Infinite Scale and any copies thereof are owned by ownCloud GmbH or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of ownCloud Infinite Scale is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by ownCloud GmbH.

     

    6. No warranties

    ownCloud GmbH expressly disclaims any warranty for ownCloud Infinite Scale. ownCloud Infinite Scale is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. ownCloud GmbH does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within ownCloud Infinite Scale. ownCloud GmbH makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. ownCloud GmbH further expressly disclaims any warranty or representation to Authorized Users or to any third party.

     

    7. Limitation of liability

    In no event shall ownCloud GmbH be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the ownCloud Infinite Scale, even if ownCloud GmbH has been advised of the possibility of such damages. In no event will ownCloud GmbH be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. ownCloud GmbH shall have no liability with respect to the content of the ownCloud Infinite Scale or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.