Terms of use
END CUSTOMER LICENSE AND TERMS OF USE FOR THE USE OF THE ARCHIVING SOFTWARE
§ 1 Scope, General
(1) The archiving software is provided to the user by a partner company ("ServiceProvider") of MailStore Software GmbH ("Rights Holder") for a limited period of time. Based on an agreement with the Rights Holder, the Service Provider is entitled to make the email archiving solution available to end customers for a limited period of time ("Service Provider Agreement"). The archiving software is operated on a server of the Service Provider, from where it is made available to end customers for use ("Archiving Software"). End customers can access the archiving software either via web access or by installing additional software: the Email Archive Client and/or the Email Archive Outlook Add-In ("Client Software").
(2) These license and terms of use ("Terms of Use") apply to the use of the archiving software and the client software, including the user documentation and other accompanying material (hereinafter also referred to jointly as "Software"). By using the Software, the respective end customer company ("User") undertakes to comply with these Terms of Use towards the Service Provider and the rights holder.
§ 2 Rights of use
(1) All rights to the Software are reserved exclusively by the rights holder and their respective licensors. The software is protected by copyright and international agreements for the protection of intellectual property.
(2) The user is granted the non-exclusive, time-limited right by the service provider to use the software provided in object code or via a data connection to the extent agreed or, if nothing has been agreed, to the extent that it corresponds to the purpose pursued with the contract.
(3) The right to use the software is restricted to the extent that the user may only use the software for the properly licensed number of instances, users and archives.
(4) By providing the software, the user is granted the right to use the software for archiving sent and received emails in accordance with the agreement with the service provider.
(5) The user may only make modifications to the software, in particular changes and extensions, to the extent that this is expressly permitted by mandatory law. Even minor changes can lead to significant, unforeseeable disruptions in the software's operation.
(6) The user may not reverse engineer or translate the software or extract any parts of the program. The user may not decompile or disassemble the software, perform reverse engineering or otherwise attempt to derive the source code. If the user is permitted by mandatory law to perform reverse engineering or decompilation in order to achieve full functionality or interoperability with other software programs, the user must inform the service provider in advance of the type and extent of the intended action. Decompilation is only permitted if the user can prove a legitimate interest worthy of protection in carrying out these actions.
(7) Copyright notices, serial numbers, version numbers, trademarks or other identification features of the software may not be changed or removed under any circumstances. The same applies to suppressing the screen display of corresponding features.
(8) The service provider will inform the user in good time about the termination of the service provider contract. In this case, the user is obliged to immediately stop using the software upon termination of the service provider contract and to delete all remaining copies.
(9) The rights and obligations set out in this Section 2 apply accordingly to product keys and user documentation.
§ 3 Licensing of the software
(1) The service provider is obliged to create at least one separate instance for each of its end customers. The respective user or the service provider can only create the users and archives required by the end customer in the instances permanently assigned to the end customer.
(2) If the user creates users and archives, he undertakes to do so properly as follows:
Every user whose emails are to be archived or who is to have access to a user archive must be created separately. If a licensed user has several mailboxes, these can be archived without extending the license for the user.
Shared mailboxes, public folders and collective mailboxes can generally be archived without extending the user license. However, if several users are to have access to such a user archive, virtual users must be created who are given access to the respective user archive.
If a user who is already licensed leaves the company, their license will not be released again. The user's archive is retained and can be assigned to other users.
The licensing assignment of users to user archives is based on the user name and the user archive name.
§ 4 No rental or distribution of the software
Rental or distribution of the software as well as the transfer of user licenses or the other granting of rights to third parties, in particular by way of "Software as a Service (SaaS)", is explicitly not permitted.
§ 5 Third-party software ("third-party software"), open source software
The software may contain components of third-party software and/or open source software, for which separate license conditions must be observed. The user undertakes not to install the software until he agrees to these third-party software or open source software license conditions, which take precedence over these license and usage conditions. These can be found directly after these license and usage conditions. If the user refuses to accept this, he or she will refrain from installing and using the software.
§ 6 Transmission of usage information to the rights holder
(1) The software regularly transmits usage information in encrypted form to MailStore Software GmbH. This usage information is the following data:
Product key
Product version
Time stamp
Computer name of the service provider
Number of configured instances, instance hosts and client access servers
An identification code (“ID”) for each instance and the current number of user licenses used.
(2) MailStore Software GmbH uses the data for license billing and statistical evaluations. MailStore Software GmbH transmits the data to authorized distribution partners for the same purposes.
§ 7 Final provisions, written form
(1) Changes and additions to these license and usage conditions as well as legally relevant declarations and notifications must be made in writing. This also applies to changes to this written form requirement itself. The written form requirement is not met by email or other electronic communication.
(2) Should individual provisions of these license and usage conditions be or become invalid or unenforceable, the validity of the remaining provisions of the license and usage conditions shall not be affected by this. In place of the invalid provision, a provision shall be deemed to have been agreed that comes closest to the economic purpose of the invalid provision. The same applies if these license and usage conditions contain gaps.
(3) These terms of use are subject to the law of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods (CISG) is excluded.
(4) If these license and usage conditions are translated into other languages, the German version shall remain the only legally binding version.
An offer from: ELOVADE Deutschland GmbH formerly: EBERTLANG Distribution GmbH Garbenheimer Straße 36 35578 Wetzlar, Germany
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