Product license agreement for Busylight UC Notice to user:
PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE BUSYLIGHT UC SOFTWARE
("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN
PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4;
WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE
LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST
YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO
NOT AGREE, DO NOT USE THIS SOFTWARE.
Plenom A/S and its suppliers own all intellectual property in the Software. Plenom A/S permits you to use the
Software only in accordance with the terms of this Agreement.
Plenom and Kuando are trademarks or registered trademarks of Plenom A/S., Denmark.
If you have any questions regarding this agreement or wish to receive further information from Plenom A/S, we
kindly ask you to use the address and contact information that are supplied together with this product.
1.0 Definitions
"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this
Agreement is provided, including but not limited to (a) computer information or software from Plenom A/S; (b)
related explanatory written materials or files ("Documentation"); and (c) upgrades, modified versions, updates,
additions, and copies of the Software, if any, licensed to you by Plenom A/S (collectively, "Updates"). "Use" or
"Using" means to access, install, download, copy or otherwise benefit from using the functionality of the
Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise
indicated under a valid license (e.g. volume license) granted by Plenom. "Computer" means an electronic
device that accepts information in digital or similar form and manipulates it for a specific result based on a
sequence of instructions. "Plenom" means Plenom A/S, a company organized under the laws of the Kingdom of
Denmark under registration number DK31755107.
2.0 Software License
As long as you comply with the terms of this Software License Agreement (this "Agreement"), Plenom grants to
you a non-exclusive license to Use the Software for the purposes described in the Documentation.
2.1 General Use
You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of
computers.
2.2 Backup Copy
You may make one backup copy of the Software, provided your backup copy is not installed or used on any
computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as
provided under Section 4.
2.3 No Modification
You may not otherwise alter or modify the Software or create a new installer for the Software. You are not
authorized to integrate or use the Software with any other software, plug-in or enhancement which uses or
relies upon the Software. You are not authorized to integrate or use the Software with any plug-in software not
developed in accordance with Plenom's guidelines.
2.5 Third Party Server Access
Depending on the UC platform, the Software allows you to access third party UC servers ("Third Party Sites").
Your access to and use of any Third Party Sites, including any goods, services or information made available
from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites
are not owned or operated by Plenom. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. PLENOM
MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED,
WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS,
INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION,
ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
2.6 Intellectual Property Ownership, Copyright Protection
The Software and any authorized copies that you make are the intellectual property of and are owned by
Plenom. The structure, organization and code of the Software are the valuable trade secrets and confidential
information of Plenom. The Software is protected by law, including without limitation the copyright laws of the
European Union and other countries, and by international treaty provisions. Except as expressly stated herein,
this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly
granted are reserved by Plenom A/S.
4.0 Restrictions.
4.1 Notices
You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must
contain the same copyright and other proprietary notices that appear on or in the Software.
4.2 No Modifications
You shall not modify, adapt or translate the Software. You shall not reverse engineer, decompile, disassemble
or otherwise attempt to discover the source code of the Software, except to the extent you may be expressly
permitted to decompile under applicable law.
4.3 Transfer
You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any
portion of the Software to be copied onto another user's computer except as may be expressly permitted
herein.
5.0 Updates
If the Software is an Update to a previous version of the Software, you must possess a valid license to such
previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You
agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software.
As an exception, you may continue to Use previous versions of the Software on your Computer after you Use
the Update buy only to assist you in the transition to the Update, provided that: (a) the Update and the
previous versions are installed on the same computer; (b) the previous versions or copies thereof are not
transferred to another party or Computer unless all copies of the Update are also transferred to such party or
Computer; and (c) you acknowledge that any obligation Plenom may have to support the previous versions of
the Software may be ended upon availability of the Update.
6.0 Warranty Disclaimer
NO WARRANTY. The Software is being delivered to you "AS IS" and Plenom makes no warranty as to its use or
performance. PLENOM DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN
BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE
EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN
YOUR JURISDICTION, PLENOM MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS
OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER
INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY,
INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of
Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not
imply or create any continued right to Use the Software after termination of this Agreement.
7.0 Limitation of Liability
IN NO EVENT WILL PLENOM BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN
PLENOM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR
COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO
THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. PLENOM'S AGGREGATE LIABILITY UNDER
OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF
ANY.
8.0 Export Rules
You agree that the Software will not be shipped, transferred or exported into any country or used in any
manner prohibited by the Danish, EU, or any other export laws, restrictions or regulations (collectively the
"Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you
represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that
you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the
Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this
Agreement.
9.0 Governing Law
This Agreement will be governed by and construed in accordance with the laws of the Kingdom of Denmark.
Any disputes relating to this Agreement shall be settled in accordance with the Danish laws and by a Danish
court or tribunal. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the
United Nations Convention on Contracts for the International Sale of Goods (CISG), the application of which is
expressly excluded.
10.0 General Provisions
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of
this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not
prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by
writing, signed by an authorized officer of Plenom. Updates may be licensed to you by Plenom with additional
or different terms. This is the entire agreement between Plenom and you relating to the Software and it
supersedes any prior representations, discussions, undertakings, communications or advertising relating to the
Software.
11.0 Compliance with Licenses
If you are a business or organization, you agree that upon request from Plenom or Plenom's authorized
representative, you will within thirty (30) days fully document and certify that use of any and all Software at
the time of the request is in conformity with your valid licenses from Plenom.
12.0 Specific Exceptions
12.1 Pre-release Product Additional Terms
If the product you have received with this license is pre-commercial release or beta Software ("Pre-release
Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with
any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s)
with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You
acknowledge that the Software is a pre-release version, does not represent final product from Plenom, and
may contain bugs, errors and other problems that could cause system or other failures and data loss.
Consequently, the Pre-release Software is provided to you "AS-IS", and Plenom disclaims any warranty or
liability obligations to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE,
BUT IT MAY BE LIMITED, PLENOM'S LIABILITY SHALL BE LIMITED TO THE SUM OF TEN EURO (€ 10) IN TOTAL.
You acknowledge that Plenom has not promised or guaranteed to you that Pre-release Software will be
announced or made available to anyone in the future, Plenom has no express or implied obligation to you to
announce or introduce the Pre-release Software and that Plenom may not introduce a product similar to or
compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development
that you perform regarding the Pre-release Software or any product associated with the Pre-release Software
is done entirely at your own risk. During the term of this Agreement, if requested by Plenom, you will provide
feedback to Plenom regarding testing and use of the Pre-release Software, including error or bug reports. You
furthermore accept and acknowledge that you will not publish your findings and conclusions, external from
your organization or company, in written or electronic format without prior written acceptance from Plenom. If
you have been provided the Pre-release Software pursuant to a separate written agreement, your use of the
Software is also governed by such agreement. You agree that you may not and certify that you will not
sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later unreleased
version of the Pre-release Software or release by Plenom of a publicly released commercial version of the
Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all
earlier Pre-release Software received from Plenom and to abide by the terms of the license agreement for any
such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, you
agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days
of the completion of your testing of the Software.
12.2 Demo Product Additional Terms
If the product you have received is a demo product ("demo-software"), then the following Section applies. To
the extent that any provision in this Section is in conflict with any other term or condition in this Agreement,
this Section shall supersede such other term(s) and condition(s) with respect to the Demo-software, but only to
the extent necessary to resolve the conflict. You acknowledge that the Software is a Demo version, does not
represent final product from Plenom. Consequently, the Demo-software is provided to you "AS-IS", and Plenom
disclaims any warranty or liability obligations to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR
PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, PLENOM'S LIABILITY SHALL BE LIMITED TO THE SUM OF
ZERO EURO (€ 0) IN TOTAL. You accept and acknowledge, that the sole purpose with the demo-software is for
you to evaluate the potential usage of the product in you organization or company. You furthermore accept
and acknowledge that you will not publish your findings and conclusions, external from your organization or
company, in written or electronic format without prior written acceptance from Plenom. Upon final testing you
agree to return or destroy all demo-software received from Plenom.