Last updated: June 28, 2016 (Version 1.1)
This end-user license agreement (“License Agreement” or “EULA”) defines the terms and conditions for the download, installation, set up and use of the software ezuno (the “Software”) that is fully owned by FAW GmbH (“FAW”, “us”, “we”, or “our”). It also includes the Software’s documentation and other supporting materials provided by FAW as well as requesting support (“Support”) from our support website “Support Center” (https://support.ezuno.com).
“End-User” or “End-Users” within the scope of this License Agreement refer to anyone who downloads, installs, sets up, or uses the Software, downloads or uses the Software’s documentation and other supporting materials, or requests Support from our Support Center.
The Software ezuno is an additional desktop-client for the Enterprise Content Management (ECM) and Collaboration Platform Alfresco (http://www.alfresco.com). Therefore, ezuno is not stand-alone software. It is an add-on product for Alfresco and thus requires Alfresco being correctly installed to work with. If you do not use Alfresco, you do not need ezuno. If your Alfresco system is not properly set up according to Alfresco’s guidelines and supported stack recommendations, it may happen that ezuno does not work as expected!
PLEASE READ THE ENTIRE TEXT OF THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADIG, INSTALLING, TRYING, PURCHASING AND/OR USING THE SOFTWARE, THE SOFTWARE’S DOCUMENTATION AND OTHER SUPPORTING MATERIALS, OR BEFORE REQUESTING SUPPORT FROM OUR SUPPORT CENTER. BY USING THE SOFTWARE, THE SOFTWARE’S DOCUMENTATION AND OTHER SUPPORTING MATERIALS, OR BY REQUESTING SUPPORT FROM OUR SUPPORT CENTER, YOU ACCEPT THIS LICENSE AGREEMENT AND ACKNOWLEDGE THE READING AND UNDERSTANDING OF IT. IF YOU ARE AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY YOU REPRESENT, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS LICENSE AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENSE AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, THE SOFTWARE’S DOCUMENTATION AND OTHER SUPPORTING MATERIALS, AND DO NOT REQUEST SUPPORT FROM OUR SUPPORT CENTER.
The Software is fully owned by FAW GmbH (http://www.faw.at). FAW is an Austrian software company headquartered in Softwarepark 35, A-4232 Hagenberg im Mühlkreis, Upper Austria. For more information please refer to the imprint of FAW (http://www.faw.at/impressum).
This ownership also includes any associated documentation related to the Software and other supporting materials provided by FAW for the Software – mostly online on the Support Center or the “Product Website” of ezuno (https://www.ezuno.com). These are referred to jointly in this License Agreement as the “Licensed Materials” and are within the scope of this License Agreement.
No ownership rights on the Software or on the Licensed Materials are transferred to the End-User with this License Agreement.
We explicitly point out that the free use of our Software on the “FREE BASIC” plan including the use of all Licensed Materials as well as requesting Support from our Support Center also fall within the scope of this License Agreement.
The Software is license to the End-User on a subscription-based license model (“Subscription”)
- for a specific number of named users (“Named Users”) and
- for a defined period of time ( “Subscription Period”) and
- for a specific instance/installation of Alfresco (“Licensed Alfresco Instance”)
as set forth in the corresponding sales order (“Order Form”).
A Named User with respect to the Software always corresponds to a named user of the Licensed Alfresco Instance. There is no need, however, to license as many named (Alfresco) users as currently included in the Licensed Alfresco Instance, for the Software. If you are running an Alfresco instance with e.g. 200 named Alfresco users you can license the Software for e.g. 60 Named Users (being a subset of the mentioned first 200 named Alfresco users). Our license model does not allow concurrent users.
Named Users, the Subscription Period and the Licensed Alfresco Instance are encrypted in a license key file (“License Key”) that comes with the Software and has to be installed according to our installation instructions. Currently, ezuno does not make use of online license verification. So there is no need for the server on which the Licensed Alfresco Instance is running to have permanent access to an external license validation service.
During an active Subscription Period the number of Named Users may be increased by any multiple of 25 Named Users (“Upsell”). Upon receipt of the corresponding signed “Upsell Order Form” we deliver a new License Key including the Upsell immediately.
If a Subscription is not renewed at the end of the Subscription Period, it terminates. Upon termination End-User will no longer be able to use the Software. He may, of course, switch back to our FREE BASIC Subscription plan limited to 10 Named Users, but non-expiring.
Grant of License
Subject to End-User's compliance with this License Agreement, FAW grants to the End-User – during the Subscription Period – (a) a non-exclusive and non-transferable license to download, install, set up and use the Software in machine readable (object code) with the Licensed Alfresco Instance for the specified number of Named Users as designated in the Order Form, (b) the right to receive Support from our Support Center for dedicated support contacts also designated in the Order Form, (c) the right to receive free updates of the Software in the form of feature and/or maintenance releases, and (d) to use all other supporting Licensed Materials.
End-User is informed on updates via E-mail to the E-mail address that is set forth on the Order Form as license contact (“License Contact”).
If requested, the grant of license will be extended to a second Licensed Alfresco Instance – without extra fees – if End-User declares this second Licensed Alfresco Instance is for testing purposes only.
End-User will not – directly or indirectly – (a) sublicense, resell, rent, lease, distribute, market, commercialize or otherwise transfer rights or usage to the Software and Licensed Materials, (b) remove or alter any copyright, trademark or proprietary notice in the Software or Licensed Materials, (c) transfer, use or export the Software or Licensed Materials in violation of any laws or regulations of any government, (d) reverse engineer, decompile or modify any encrypted or encoded portion of the Software or the License Key(s).
Term and Termination
Delivery, Prices and Payment
The Software and the Licensed Materials will be delivered by digital download only. We do not ship physical media. The most current version of the Software and possibly previous versions will permanently be available for download on our Support Center and on the Product Website. License Keys are attached to messages from our Support Center and are delivered to the End-User as normal E-mail attachments.
Basically, all prices are shown and communicated without value-added tax (VAT). VAT to be added depends on where your business is located and whether the business you are purchasing for has a registered VAT number, when located within the European Union (see http://ec.europa.eu).
Our sales team will check this when finalizing a concrete Order Form and add VAT to the purchase if so required by any laws or regulations.
A Subscription Periods lasts 12 months or 36 months (“Subscription Months”), always starting with the day of License Key submission and ending on the end of the last Subscription Month.
The total price for a Subscription is calculated as follows:
[number of Named Users] x [price per Named User/month] x [Subscription Months]
For orders placed between the 1st and the 15th day of month, the price for half of a Subscription Month will be added to the total Subscription price.
License Keys are delivered in two steps: The first License Key that is submitted together with our invoice for a signed Order Form is valid for 30 days. As soon as we have received and processed payment, a second License Key valid for the full Subscription Period is submitted immediately. It only takes less than five minutes to update the License Key for the Licensed Alfresco Instance.
Currently, we only accept payment by bank transfer using the bank details on the submitted invoice. Our payment terms are: Upfront payment for whole Subscription Period, Net 14, cost of bank transfer to be paid by the End-User.
Upsell Orders are processed in the same way as described above, whereby an Upsell order is bound to the base Subscription regarding the end of the base Subscription.
During active Subscription, we will provide Support to designated support contacts (“Callers”) of the End-User at our Support Center. For Subscriptions on FREE BASIC plan the Caller is identical with the person who requested the License Contact. For all other Subscription plans, at least one Caller is set forth in the corresponding Order Form. Callers should have access to any necessary configurations and files of the Licensed Alfresco Instance, English or German language communication skills, and relevant technical knowledge. End-User may modify its designated Caller(s) at any time during an active Subscription by notifying us with a request to our Support Center and giving us two (2) business days to process the change.
Support requests can be easily submitted by completing the “Submit a request” form on our Support Center – even without being signed in – or by simply sending an E-mail to firstname.lastname@example.org. We process support requests on Austrian workdays during our business hours (9 am to 6 pm). End-Users on higher Subscription plans than FREE BASIC are – of course – higher prioritized. End-Users on Subscription plan ENTERPRISE with (optionally) chosen a dedicated support agent always enjoy highest-priority.
When using our Support Center, End-User agrees that (a) designated Callers provide our support stuff with sufficient information and resources to solve the applicable support issue, (b) install and operate the Software according to the system requirements as identified on our Support Center, (c) promptly install all maintenance releases, hotfixes, or bypasses provided by us, and (d) procure, install and maintain all equipment, telephone lines, communication interfaces and other hardware necessary to operate the Software.
End-User is also responsible for reading the release notes and any other available documentation we provide before installing or upgrading the Software, and for testing the Software before deploying it in a production environment. End-User should also backup its production system on a regular basis and have those backups available if needed for support purposes.
We do not provide hotline or helpdesk support to the whole number of subscribed Named Users working with the Software inside the End-User’s organization. If we receive a support request at our Support Center that comes not from a designated Caller, we reserve the right to reject this support request or to assign the support request to a designated Caller for this End-User.
Furthermore, we will not provide any support concerning issues that are solely related to the Licensed Alfresco Instance running at the End-User’s IT infrastructure. For such issues, we always will refer to the responsibility of the End-User’s internal or third-party helpdesk or hotline.
FAW is not obligated to provide Support for the following: (a) Software that has been modified or damaged by the End-User or a third-party, (b) issues caused by End-User’s negligence, hardware malfunction or other causes beyond the reasonable control of FAW, (c) issues caused by third-party software not licensed through FAW or provided by FAW.
Representations and Warranties
FAW represents and warrants that it has the right to grant to the End-User a license to use the Software and the Licensed Materials and that it has the authority to enter into this License Agreement. FAW’s sole liability under this License Agreement is limited to issuing – in a commercially reasonable manner – defect correction information, corrected code (maintenance releases), workarounds, temporary fixes or bypasses, all made available for electronic download only.
FAW also represents and warrants that will use reasonable skill and care in providing Support and that Support will be performed in a professional and workmanlike manner by qualified personnel.
FAW has taken commercially reasonable measures to ensure the Software does not, at the time of delivery to End-User, include malicious mechanisms or code designed to damage or corrupt the Software.
In any occasion the End-User accepts that FAW shall not be accountable for any issues linked to third-party software and that End-Users’ use of such third-party software shall be subject to the appropriate end-user license terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOWEVER, THE SOFTWARE, THE LICENSED MATERIALS, AND SUPPORT PROVIDED BY FAW ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. FAW DOES NOT GUARANTEE THAT THE USE OF THE SOFTWARE, LICENSED MATERIALS AND RECEIVING SUPPORT WILL BE UNINTERRUPTED OR CONTINUOUS, ERROR FREE, OR THAT FAW WILL CORRECT ALL SOFTWARE ERRORS. END-USERS ALSO ACCEPT THEIR RESPONSIBILITY TO REGULARLY BACK UP DATA KEPT ON ANY HARDWARE USING THE SOFTWARE AND TO SUFFICIENTLY TEST BEFORE DEPLOYMENT EACH VERSION OF THE SOFTWARE IN A CONFIGURATION WHICH REASONABLY REPLICATES THE END-USERS’ INTENDED PRODUCTION ENVIRONMENTS. IF FAW CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, THE END-USER MAY TERMINATE THE RELEVANT SOFTWARE SUBSCRIPTION AND RECEIVE A PRO RATA REFUND OF FEES PAID FOR THE REMAINING SUBSCRIPTION PERIOD AS OF THE EFFECTIVE DATE OF THE TERMINATION.
Limitation of Liability
IN NO EVENT FAW WILL BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED BY THE END-USER OR ITS AFFILIATES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING LOST OR ANTICIPATED PROFITS, SAVINGS, INTERRUPTION TO BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF BUSINESS INFORMATION, THE COST OF RECOVERING SUCH LOST INFORMATION, THE COST OF SUBSTITUTE INTELLECTUAL PROPERTY OR ANY OTHER PECUNIARY LOSS ARISING FROM THE USE (OR THE INABILITY TO USE) OF THE SOFTWARE OR THE LICNESED MATERIALS OR FROM RECEIVING SUPPORT FROM OUR SUPPORT CENTER, REGARDLESS OF WHETHER THE END-USER HAS ADVISED FAW OR FAW HAS ADVISED THE END-USER OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY IN RESPECT OF ANY AND ALL CLAIMS WILL BE LIMITED TO ONE HUNDERD (100) EUROS. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM).
Our policies regarding the collection, use and disclosure of personal information or personally identifiable information when using our Product Website or our Support Center are publicly accessible here: https://ezuno.com/our-privacy-policy
Austrian law shall govern all aspects of this License Agreement. It is agreed, that any dispute arising from this License Agreement shall be subject to the exclusive jurisdiction of courts located in Upper Austria, without regard to their conflict-of-law principles or the United Nations Convention on Contracts for the International Sale of Goods.
If any provision of this License Agreement is ruled invalid or unenforceable, the provision shall be severable from this License Agreement so that the remaining provisions are unaffected. No waiver of any rights under this License Agreement will constitute a subsequent waiver unless otherwise stated in writing.
All headings contained in this License Agreement are inserted for identification and convenience and will not be deemed part of this License Agreement for purposes of interpretation.
In principle, the End-User agrees that we are allowed to put a logo representing the End-User within the "Clients" section of our Product Website. The agreement may be withdrawn by the End-User at any time and without giving any reason. If this were to be the case, we will remove the logo immediately.