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CommuniGate Pro License Agreement

CommuniGate Pro software license terms and conditions

Attention! Please read the following terms of the License Agreement before you install, copy or otherwise use CommuniGate Pro software (hereafter – the Software).

When you press button «Accept» in the Agreement window you confirm that you have read and acknowledged the License Agreement and agree to abide by its terms.

If you do not agree with the License Agreement terms, do not use the Software and delete it. The License Agreement is valid during the whole term of the Software validity period, unless it is written otherwise in a superceding License Agreement between you and STALKER SOFTWARE GROUP.

Copyright law and international agreements protect the Software, and patent law and secret processes law protect some of its parts.

Terms and Definitions

«STALKER SOFTWARE GROUP», also doing business as «CommuniGate Systems», means:

Stalker Software, Inc, having its registered address at 1100 Larkspur Landing Circle, Suite 355 Larkspur, CA 94939 U.S.A;

«StalkerSoft» AO, having its registered address at 123458 Russian Federation, Moscow, Marshala Proshliakova st. 30, office 307;

Stalker Software GmbH, having its registered address at Schlüterstrasse 37, 10629 Berlin, Germany;

Butenko Vladimir Anatolievich.

«Intellectual property rights» – all intellectual property rights, including the software for electronic computers (computer software), copyrights, designs and industrial designs, trademarks, service marks, registration of the goods and rights for similar facilities, secret processes (know-how), trade secrets and confidential information, and other exclusive rights.

«Partner» - person or legal entity to which STALKER SOFTWARE GROUP granted the right to resell and distribute the licensed copies of the Software to the Users directly or through the intermediary.

«License» – granted by STALKER SOFTWARE GROUP limited rights for installation and use of the Software on the terms of simple non-exclusive license according to the License Agreement.

«Software» – means the software itself: multiprotocol communicational server СommuniGate Pro, documentation to CommuniGate Pro software, release notes, CommuniGate Pro software update, which copyright/s are held by STALKER SOFTWARE GROUP.

«Copyright Holder» - STALKER SOFTWARE GROUP.

«User Account» – record containing distinct identification information (such as username and password) when working with the Software.

«Digital License Keys (License Keys)» - the common name of the confidential information, which is a unique sequence of digital data and enables the User to use the software after the legal acquisition of the License rights to use the software.

«User» – any person or legal entity who acquired the License for the software.

«The domain name on the Internet (Domain)» - symbolic designation, registered for the network addressing, which uses the domain name system (DNS).

«Trademarks» - titles CommuniGate Systems, CommuniGate Pro, CommuniGate Pronto! and logotype CommuniGate Pro, CommuniGate Pronto!, CommuniGate Systems. All the listed trademarks are registered trademarks of STALKER SOFTWARE GROUP.

1. LICENSE

The CommuniGate Pro Software and CommuniGate Pro Documentation whether on disk, in read-only memory, or on any other media (collectively, the 'CommuniGate Pro Software') are licensed, not sold, to you by STALKER SOFTWARE GROUP. All copies of the CommuniGate Pro Software you use are subject to this License. The License is provided in the form of numeric CommuniGate Pro License Keys ('License Keys').

2. PERMITTED USES and RESTRICTIONS

This License allows you to use each set of License Keys on one single- or multi-processor Server Computer. Each set of the License Keys is issued for one Internet Domain Name ('Main Domain'). You expressly acknowledge that this Internet Domain Name exists and that it is registered by you. THE MAIN DOMAIN NAME CANNOT BE CHANGED ONCE THE LICENSE KEYS ARE ISSUED.

Besides the Main Domain, you can serve any number of Secondary Domains on the same instance of the CommuniGate Pro Software using the issued set of License Keys.

You may not, except as permitted by applicable law, decompile, reverse engineer, disassemble, modify, rent, lease, loan or create derivative works from the CommuniGate Pro Software. You may modify the CommuniGate Pro Software components defined as 'customizable' in the Documentation.

Your rights under this License will terminate automatically without notice from STALKER SOFTWARE GROUP if you fail to comply with any term(s) of this License.

3. VALIDITY AND MAINTENANCE

The License Keys are valid for 12 months. To extend the validity period by 12 months, the updated set of License Keys should be purchased before the end of the current validity period

4. FUTURE VERSIONS

STALKER SOFTWARE GROUP may from time to time develop new versions of the CommuniGate Pro Software. Nothing in this Agreement shall obligate STALKER SOFTWARE GROUP to develop any particular update or enhancement. This License grants you a right to use the purchased set of License Keys with new versions of CommuniGate Pro Software released within the License Keys validity period.

5. NEW FUNCTIONALITY

STALKER SOFTWARE GROUP may choose to implement new features and/or components of the CommuniGate Pro Software that require additional License Keys. You are not obligated to purchase additional Keys if you choose not to use those new features and/or components.

6. DISCLAIMER of WARRANTY on CommuniGate Pro Software

You expressly acknowledge and agree that use of the CommuniGate Pro Software is at your sole risk. The CommuniGate Pro Software is provided 'AS IS' and without warranty of any kind and STALKER SOFTWARE GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STALKER SOFTWARE GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMMUNIGATE PRO SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE COMMUNIGATE PRO SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COMMUNIGATE PRO SOFTWARE WILL BE CORRECTED. FURTHERMORE, STALKER SOFTWARE GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMMUNIGATE PRO SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STALKER SOFTWARE GROUP OR A STALKER SOFTWARE GROUP AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE COMMUNIGATE PRO SOFTWARE PROVE DEFECTIVE, YOU (AND NOT STALKER SOFTWARE GROUP OR A STALKER SOFTWARE GROUP AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

7. LIMITATION of LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL STALKER SOFTWARE GROUP BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall STALKER SOFTWARE GROUP total liability to you for all damages exceed the amount paid for this License.

8. CONTROLLING LAW

If the License is purchased from Stalker Software, Inc., this License Agreement is governed by the law of the State of California.

If the License is purchased from AO StalkerSoft, this License Agreement is governed by the law of the Russian Federation.

If the License is purchased from Stalker Software GmbH, this License Agreement is governed by the law of the Federal Republic of Germany.

9. COMPLETE AGREEMENT

This License constitutes the entire agreement between the parties with respect to the use of the CommuniGate Pro Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by STALKER SOFTWARE GROUP.