Add missing Collabora license.
Jesus P Rey (Chuso)
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End User License and Subscription Agreement
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Collabora Office (“Software”)
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An individual acting on their own behalf or on behalf of any corporate
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entity which employs them or which they represent (“an Organisation”)
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represents that he or she has the authority to enter into this
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agreement on behalf of that Organisation. In this Licence Agreement,
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“You” includes both the reader and any Organisation.
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PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, INSTALLING AND/OR
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USING THE COLLABORA OFFICE SOFTWARE (INCLUDING ITS COMPONENTS), YOU
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AGREE TO THE TERMS OF THIS LICENCE AND SUBSCRIPTION AGREEMENT AND
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ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT.
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IF YOU DO NOT AGREE WITH THESE TERMS PLEASE DO NOT DOWNLOAD, INSTALL OR
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USE THE SOFTWARE OR SUBSCRIPTION SERVICES.
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PARTIES. This software licence and subscription agreement (“Agreement”)
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is a legally binding agreement between You and Collabora Productivity
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Limited, incorporated and registered in England and Wales with company
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number 08644931 whose registered office is at Kett House, Station Road,
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Cambridge, CB1 2JH, United Kingdom (“Collabora”) and where applicable
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references to Collabora shall also refer to its authorised resellers
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and third party distributors from time to time.
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SOFTWARE. The Software and each of its components are owned by
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Collabora or other licensors and are protected as copyrighted works of
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authorship, and are also protected under applicable database and other
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applicable laws. To the extent that they are not accompanied by a
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separate Collabora software licence agreement, any modification, update
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or upgrade to the Software that You may download or receive, whether as
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Subscription Services detailed below or otherwise, is included as
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Software and governed by the “Licenses” heading below and generally by
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this Agreement.
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LICENCES. Provided that You have subscribed to the Subscription
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Services as detailed below and Your compliance with the other terms and
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conditions of this Agreement, Collabora grants to You a perpetual,
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non-transferable, worldwide licence (“Licence”) to reproduce and use
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copies of the Software within Your Organization. The Software is
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licensed (not sold) to You. Accordingly no title to or ownership of the
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Software is transferred to You. You should also be aware that in
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addition to this grant of Licence, many of the individual components of
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the Software are subject to open source licences, as detailed further
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below under “Open Source Licences and Limitations”.
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SUBSCRIPTION SERVICES. The Licence to reproduce and use a copy of the
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Software is granted subject to the initial purchase by You of Software
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maintenance and/or support services entitlements (“Subscription
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Services Entitlements”) equivalent in number to the total number of
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units of the Software that you intend to deploy, install or use in Your
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Organization.
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The Subscription Services Entitlements entitle You during the
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subscription period to make use of the following services
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(“Subscription Services”):
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a) in the case of maintenance services, to any security fixes and
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Software updates which may be issued by Collabora, including existing
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fixes from the support services set out at (b), on the terms set out in
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this Agreement and from time to time at
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[65]http://www.CollaboraOffice.com
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b) in the case of support services, to fee based technical support on
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the terms set out in this Agreement, or any separate agreement, and
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from time to time at [66]http://www.CollaboraOffice.com.
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All Subscription Services will be supplied in a professional manner in
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accordance with generally accepted industry standards.
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Unless the Subscription Services and Subscription Services Entitlements
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are set out in a separate contract with Collabora, they are offered to
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You subject to the terms set out in this Agreement.
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IF THE SUBSCRIPTION SERVICES ENTITLEMENTS PERIOD EXPIRES AND IS NOT
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RENEWED WITHIN 30 DAYS, ACCESS TO SUBSCRIPTION SERVICES IS TERMINATED.
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IF WITHIN THE SUBSCRIPTION SERVICES ENTITLEMENT PERIOD YOU WISH TO
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INCREASE THE NUMBER OF COPIES OF THE SOFTWARE YOUR ORGANISATION IS
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USING, YOU MUST PURCHASE ADDITIONAL UNITS OF SUBSCRIPTION SERVICES
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ENTITLEMENTS EQUIVALENT TO THE NUMBER OF ADDITIONAL SOFTWARE COPIES YOU
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WISH TO INSTALL. UPON RENEWAL OF YOUR SUBSCRIPTION SERVICES
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ENTITLEMENTS, YOUR SUBMISSION OF A PURCHASE ORDER OR PAYMENT OF FEES
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FOR SUBSCRIPTION SERVICES ENTITLEMENTS WILL BE DEEMED TO BE A
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REPRESENTATION OF THE NUMBER OF COPIES OF THE SOFTWARE INSTALLED AT
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YOUR ORGANISATION AT THAT TIME. COLLABORA RESERVES THE RIGHT AT ITS
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ENTIRE DISCRETION TO CARRY OUT A LICENCE COMPLIANCE AUDIT AT ANY TIME.
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HOME USE. Collabora grants primary users of Subscription Services
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Entitlements and their immediate family members a License to reproduce
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and use copies of the Software for Home Use as detailed below unless
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otherwise prohibited by any applicable laws, policies or regulations.
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Home Use is usage outside the scope of normal business that occurs
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primarily inside the home.
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LICENSE COMPLIANCE AUDIT. Collabora may, upon fifteen (15) days’
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advance notice and at its expense, conduct an annual audit if You are
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an Organisation, during your normal business hours, of Your use of the
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Software to verify compliance with this Agreement and in particular
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Your commitment under the License herein to purchase an equivalent
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number units of Subscription Services Entitlements. You agree to keep
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records sufficient to certify your compliance with this Agreement. Upon
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Collabora’s or its authorized representative’s reasonable written
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commitment(s) to safeguard your confidential information, you shall
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fully cooperate with such audit and provide any necessary assistance
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and access to records and computers. If an audit reveals that you have
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or at any time had unlicensed installation, use of, or access to the
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Software, You will promptly acquire sufficient Subscription Services
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Entitlements to cover any shortage. If a shortage of 5% or more is
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found, you must reimburse Collabora for the costs incurred in the audit
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and acquire the necessary additional Subscription Services Entitlements
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within 30 days.
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EVALUATION LICENCE. An evaluation licence is granted when You deploy,
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install or use an evaluation version of the Software or You are granted
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a time limited, non-exclusive and non-transferable licence by Collabora
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for evaluation purposes. The Software is licensed to You for the sole
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purpose of evaluating the Software and only for a specified evaluation
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period of 30 days. After 30 days You must either purchase an equivalent
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Subscription Services Entitlement from Collabora, or destroy and stop
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using the Software. If You purchase the Subscription Service
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Entitlement before the expiration of the evaluation time, You have a
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valid licence and You do not need to destroy the Software.
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OPEN SOURCE LICENCES/LIMITATIONS. The individual components included in
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the Software are licensed primarily pursuant to Mozilla Public License
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v2.0 open source licence in addition to other open source licences
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identified in the documentation or located in the source code or binary
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code for the component. As such the source code form of the Software is
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made available at all times under the terms of such licences.
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Whilst this Agreement in no way limits Your rights under such licences,
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nor is intended to supersede or conflict with the licence terms or
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obligations for use of any individual open source component, the
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Mozilla Public License v2.0 has been utilised to license the majority
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of the components comprising the Software because it imposes (as is set
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out in paragraph 3.2(b) of it) specific conditions on the free
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distribution of such software in its executable form.
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MAINTENANCE SERVICES.
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1) By purchasing maintenance services You are entitled to install and
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use all upgrades and updates made commercially available by Collabora
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during the period covered by the maintenance services subscription, up
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to the number of installations for which You have purchase maintenance
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services.
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2) Any “update” means a fix or compilation of fixes released by
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Collabora to correct operational errors (a defect that prevents it from
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operating substantially as intended, where such intent shall be deduced
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based on a competent inspection of the source code and documentation)
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in the Software. An “upgrade” means any new version of the Software
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which bears the same product name, including version changes evidenced
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by a number immediately after the name of the Software.
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3) If a question arises as to whether a release by Collabora is an
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upgrade or an update or a new Software product, Collabora’s opinion
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will prevail provided that Collabora treats the product offering the
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same for its end users generally.
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4) If Collabora commercially releases any upgrade or updates, it will
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make such upgrades or updates available to You within a reasonable
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period of time after they become commercially available, although
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Collabora cannot guarantee any specific turnaround times and/or regular
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release intervals.
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5) At its sole discretion Collabora will determine whether to eliminate
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an operational error by means of issuing an update. Collabora will
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inform you by email (to the address given on registration of the
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maintenance services) as soon as new updates are released at the
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Collabora website.
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6) Maintenance services do not include integration services,
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installation of upgrades or updates, support services or any other
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benefits not expressly described in this Agreement.
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SUPPORT SERVICES
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By purchasing an entitlement to ‘Level 3’ technical support, services
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will be provided on certain terms which include:
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– allocation of a severity level for each support case and any
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variations on this;
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– Collabora’s work availability times, initial response time and the
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communication frequency for each support case based on such allocated
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case severity level;
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– Your limit on the number of support cases that You can report for
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each such allocated case severity level (although for the avoidance of
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doubt, any unused limit cannot be refunded and expires at the end of
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the Subscription Services Entitlement period unless otherwise agreed).
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The specific terms are subject to change from time to time and
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accordingly are set out at [67]http://www.CollaboraOffice.com, unless
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separately agreed with You such as in a purchase order. You are urged
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to check these terms again now before proceeding with any purchase of
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Subscription Services Entitlements.
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Alternatively, Collabora also entitle You to purchase the support
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services entitlement from a reseller or other intermediary rather than
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from Collabora directly. If You have purchased the services entitlement
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from such a party please check with them if any support service
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entitlement terms have been separately negotiated between them and
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Collabora, as any such terms are deemed to be incorporated into this
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Agreement and shall take precedence over any conflicting terms set out
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at [68]http://www.CollaboraOffice.com or on a purchase order.
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LIMITATIONS AND EXCLUSIONS
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1) Collabora offers no rights other than those expressly granted to You
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in this Agreement. Except as agreed to under a separate written
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agreement with Collabora or in the licence terms accompanying a
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particular component, to the maximum extent permitted under applicable
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law (and not applicable to claims relating to death or personal injury
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caused by negligence or fraudulent misrepresentation) the Software is
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provided and licensed “as is” without any warranties of any kind,
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express or implied, including any implied warranties of quality, title,
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non-infringement, non-interruption or fitness for a particular purpose.
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2) The Software is only compatible with certain computers and operating
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systems. It is not warranted for non-compatible systems or for
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incorrect or unauthorised use, being use which is not in accordance
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with the Documentation. Please contact Collabora for information about
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compatibility or incorrect use.
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3) The Software may include or be bundled with other software
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programmes or services licensed or sold by an entity other than
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Collabora. Collabora does not warrant non-Collabora products or
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services, which are provided on an “as is” basis. Please see the third
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party entity regarding remedies.
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4) No right or licence, express or implied, is granted under this
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Agreement with respect to any trademark, trade name or service mark
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(“Mark”) of Collabora. If You distribute any open source component of
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the Software, You must remove all Marks except those used to identify
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Collabora’s ownership or licensing of the component. In addition you
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may not vary, delete or obscure any notices of proprietary rights or
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any product identification or restrictions on or in the Software.
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5) Neither Collabora nor any of its licensors, subsidiaries,
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contractors or employees will in any case be liable for any incidental,
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consequential, indirect or economic damages arising out of the use of
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or inability to use the Software or Subscription Services, including
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without limitation loss of profits, business or data, even if advised
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of the possibility of those damages. In particular, as files may be
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altered or damaged in the course of Collabora providing Subscription
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Services, You agree to take appropriate measures to isolate and back up
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Your systems.
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6) Notwithstanding (5) above, in no event will Collabora’s aggregate
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liability for damages (whether in one instance or a series of
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instances) exceed 1.25 times the amount paid by You for the
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Subscription Services Entitlements out of which such claim arose.
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7) Upon any default in Collabora’s provision of Subscription Services,
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Collabora’s only obligation is to either correct the Subscription
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Services so that they comply with this warranty or at its option refund
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the amount You paid to Collabora for the portion of such Services that
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fail to comply with this warranty and in such event You may elect to
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terminate this Agreement with immediate effect.
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GENERAL TERMS
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1) This Agreement may not be transferred or assigned without the prior
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written approval of Collabora.
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2) This Agreement will terminate if You fail to comply with any term or
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condition of this Agreement.
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3) Unless explicitly indicated otherwise, this Agreement sets forth the
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entire understanding and agreement between You and Collabora and may be
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amended or modified only by a written agreement agreed to by You and
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Collabora. No licensor, distributor, or reseller is authorised to
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modify this Agreement whether formally or informally.
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4) No waiver of any right under this Agreement will be effective unless
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in writing. No waiver of any past or present right will be deemed to be
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a waiver of any future right arising under this Agreement.
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5) If any provision in this Agreement is invalid or unenforceable, that
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provision will be construed, limited, modified or, if necessary,
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severed, to the extent necessary, to eliminate its invalidity or
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unenforceability, and the other provisions of this Agreement will
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remain unaffected.
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6) Any products or technical information provided under this Agreement
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may be subject to trade laws of various countries including U.S. export
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controls. Both You and Collabora each agree to comply with all export
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control regulations and to obtain any required licenses or
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classification to export, re-export or import deliverables and
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Collabora assumes no responsibility for the Your failure to comply with
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any such necessary export control laws, rules or regulations.
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7) If You are an Organisation You agree that you will not use the
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Software in breach of any relevant laws in the country in which you use
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the Software, and you agree to implement internal safeguards to prevent
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any unauthorized copying, distribution, installation, or use of, or
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access to, the Software.
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8) You may make a reasonable number of copies of the Software over and
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above the number of units of Software for which you have purchased
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Subscription Services Entitlements, purely for backup, archival or
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other security purposes. In so doing You will not be in breach of the
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terms of this Agreement.
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9) Without regard to conflict of laws rules and principles or the
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United Nations Convention of Contracts for the International Sale of
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Goods, this Agreement is governed by the laws of England, and any
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action relating to this Agreement may only be brought before the courts
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of England.
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EULA 2014-10-20
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