com.plenom.BusylightSDK 4.0.7 License Info

com.plenom.BusylightSDK 4.0.7

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.