Sirportly

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End User Licence Agreement ("EULA")

Our EULA document relates to users of the Enterprise Edition only. If you purchase a Sirportly licence, you required to read and agree to this document as it governs your use of the software.

  1. Definitions and Interpretations

    1. Any headings in this document will not affect the interpretation of this agreement.

    2. Words in the singular shall include the plural and vice-versa.

    3. In this agreement terms & expressions have the following meanings unless the context otherwise requires:

      • "Agreement" - this agreement which incorporates the terms & conditions of service.
      • "Annual Software Licencing Fee" - refers to the fee payable each year in exchange for a licence to use the Software.
      • "Customer", "Your", "You" - any person or company who purchases the Software.
      • "Customer Area" - the authenticated area of our website which provides Sirportly customers with access to restricted resources.
      • "Company", "We", "Us", or "Krystal" - refers to Krystal Hosting Ltd.
      • "Licence Key" - a 25 character alpha-numeric string which uniquely identifies your installation.
      • "Software" - refers to the Sirportly software as distributed by the Company.
  2. Licencing Grant
    1. The Software and accompanying documentation is licenced, and not sold, by the Company to the Customer.
    2. The Software is protected by copyright laws and treaties related to other forms of intellectual property.
    3. The Company owns the intellectual property rights in respect of the Software unless otherwise specified in this Agreement.
    4. The Company grants a revocable, non-exclusive, non-transferable and non-sublicencable licence to download and use the Software subject to all the terms and conditions of this Agreement.
    5. The Software may include third party licences which can be requested from the Company at any time. By accepting this Agreement, you also accept the terms of any third party licences included within the Software.
  3. General Conditions & Limitations
    1. You are only permitted to use the Software with the number of users as specified when you were provided with your licence key. If required, your licence can be upgraded by contacting the Sirportly sales team.
    2. You are not permitted to use the Software unless you have an active licence and have paid an Annual Software Licencing Fee for the current year. Licences must be renewed annually if you wish to continue using the Software.
    3. You are not permitted to resell, rent, lease, transfer, assign, distribute or commercially exploit any part of the Sirportly software without written agreement from the Company.
    4. You may only obtain the software using the installation tools provided by the Company which will download the Software from our Customer Area.
    5. You are only permitted to install one (1) installation for production use. You are also permitted to install one (1) installation for internal testing use or the development of modules.
    6. You may store (1) copy of the software for backup purposes and are responsible for ensuring your data is suitably backed up.
    7. You are not permitted, under any circumstances, to make the software available to any other party and are responsible for ensuring that it is securely kept on your servers at all times.
  4. Modification of software
    1. You are not permitted to modify, adapt or hack the Software or otherwise attempt to gain unauthorised access of the Software or related systems including but not limited to the Customer Area.
    2. You are not permitted to attempt to reverse engineer, decompile or decrypt any part of the Software.
    3. You must ensure that, unless an appropriate licence has been aquired from the Company, the Sirportly branding is maintained within the software at all times.
  5. Warranties & Liabilities
    1. UNLESS OTHERWISE EXPLCITLY AGREED TO IN WRITING BY THE COMPANY, THE COMPANY MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE.
    2. The Company makes no warranty that the Software will meet your requirements or operate under your specific conditions of use.
    3. The Company makes no warranty that operation of the Software will be secure, error free or free from interruption.
    4. The Customer is responsible for ensuring the software meets their requirements from security and un-interruptability before purchasing a licence.
    5. The Customer bears sole responsibility and all liability for any loss incurred due to failure of the Software to meet your requirements.
    6. The Company will not, under any circumstances, be responsibile or liable for the loss of data on any computer or information storage device.
    7. Under no circumstances shall the Company, its directors, officers, employees or agents be liable to your or any other party for indirect, consequential, spec, incidental, punitive or exemplary damages of any kind (including, but not limited to, lost revenues or profits or loss of business) resulting from this agreement or from the furnishing, performance, installation or use of the Software whether due to a breach of contract, breach of warranty or the negligence of the Company or any other party even if the Company is advised beforehand of the possibility of such damages.
    8. Your remedy for a breach of this Agreement or any warranty included within the Agreement is the correction or replacement of the Software.
    9. If the Company is unable to provide a suitable replacement for the Software, your sole alternative remedy shall be a refund of the most recent invoice for the Annual Software Licencing Fee.
  6. Indemnification
    1. You agree to indemnify, defend and hold harmless the Company including their directors, officers, employees or agents from and against any claim, cost of liability, including legal fees, arising out of or relating to your use of the software or your negligence or wilful misconduct.
  7. Severability
    1. In the event that any of the provisions of this agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this agreement
  8. Termination
    1. This Agreement remains in force at all times when the software is installed on the Customer’s servers or other hardware.
    2. In order to terminate this Agreement, you must remove all installations of the software from your equipment and notify the Company you wish to cancel your account.
  9. Assignment
    1. Neither we nor you may assign our respective rights under this Agreement without prior written consent of the other party, with the exception of the following:
    2. The Company may freely assign our rights under this Agreement to one any other company controlled or controlling Krystal Hosting Ltd.
    3. The Company may assign our rights under this Agreement to another entity should the Software be quired by another party.
  10. General
    1. The Company reserves the right to modify this agreement from time to time.
    2. In the event that any of the provisions of this agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this agreement.
    3. These conditions and all Agreements are subject of the laws of England.
    4. Krystal Hosting Ltd's rights and powers under this agreement are not affected if it fails to or chooses not to enforce any of them at any time.

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