1. › Ekran System End User License Agreement

Ekran System® End User License Agreement


AGREEMENT VERSION 2.2



IMPORTANT-READ CAREFULLY:



This Ekran System® End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Ekran System Inc., for the Product identified above, which includes without limitation a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided (the "Software"), b) all successor upgrades, modified versions, modified modules, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance releases of the Software, if any (collectively, the "Updates"), and c) related user documentation and explanatory materials or files provided in written, "online" or electronic form (the "Documentation" and together with the Software and Updates, the "Product"). By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Product.



BEFORE YOU CLICK "I AGREE" BUTTON", PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS SUCH ACTIONS ARE A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND THE PRODUCT WILL NOT BE INSTALLED ON YOUR CLIENT DEVICE, AS SUCH TERM IS DEFINED BELOW.



1. DEFINITIONS.



"Licensed version" means a version of Ekran System® that has been licensed for use by an individual, commercial or non-commercial entity. Licensed version is not free and you are not allowed to distribute it in any ways.



"License" means the license you own. If you haven't bought a license (i.e. the licensed version) you are bound by the restrictions of an unlicensed (Evaluation) version.



"License agreement" means this document. This license agreement is a legal agreement between you (individual or a legal entity) and Ekran System Inc.




2. GRANT OF LICENSE.



2.1. Licensed Version and License Types.



When you purchase a license, you will be provided with a license key or license key list. You should enter the license key(s) as prompted by the Software. The licensed Software may be used to record concurrent sessions on terminal server(s) and/or workstation(s) as indicated in your license key(s) and configured by you.



There are four (4) basic types of licenses issued for Ekran System®, these are:



a. A Terminal Server Client license. This license can be assigned to a terminal server endpoint with any Windows-based server operating system with Terminal Services (e.g. Windows Server with Terminal Services, Citrix Server, or Published App Server, including deployed in the cloud on Microsoft Azure or Amazon Web Services). It allows to record any number of concurrent terminal session running on a licensed server endpoint.



b. An Infrastructure Server Client license. This license can be assigned to a server endpoint with a Windows Server operating system, including deployed in the cloud on Microsoft Azure or Amazon Web Services, and allows to record up to two (2) concurrent sessions running on this endpoint.



c. A Linux / UNIX Server Client license. This license can be assigned to a server endpoint with a Linux operating system or UNIX operating system, including Oracle Solaris and IBM AIX systems. It allows to record any number of concurrent sessions session running on a licensed server endpoint.



d. A Workstation Client license. This license ca be assigned to a workstation or virtual desktop with a Windows desktop operating system or macOS operating system and allows to record one session, local or remote one.



License types mentioned above can be combined in the user infrastructure. Paid licenses can be freely transferred between user infrastructure objects.



2.2. Evaluation version.



A commercial or non-commercial entity may use the (limited) Evaluation version of the Product without charge for thirty (30) days from the day that you install the Product with trial key. The Evaluation version includes fixed limited number of licenses, namely three (3) Workstation Client licenses, one (1) Terminal Server Client license, and three (3) Linux / UNIX Server Client licenses.



You must pay the license fee for the licenses and register your copy to continue to use the full-functional version of Product after the thirty (30) day evaluation period. To pay the license fee and register your copy, you should contact your trade representative or buy licenses directly from www.ekransystem.com.



2.3. Term and Termination.



The term of this Agreement ("Term") shall begin when you download, access or install the Product or pay the applicable license fees (whichever is earlier) and shall continue for the term specified in your order. Without prejudice to any other rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must immediately cease use of the Product and destroy all copies of the Product.



2.4. No Rights Upon Termination.



Upon termination of this Agreement you will no longer be authorized to operate or use the Product in any way.



3. DISTRIBUTION.



You are NOT licensed to make copies of the Product or its parts as you wish; give copies of the original Product or its parts to anyone; and distribute the Product or its parts in any form (modified/ unmodified) via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.).



4. RESTRICTIONS. 



4.1. Restrictions on Actions with the Product



You may not reverse engineer, de-compile, or disassemble the Software as a Product part. You may not rent, lease, or lend the Product. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.



4.2. Restriction on Usage Purposes



You must not use the Product for any illegal purpose, including but not limited to obtaining personal data of other persons, getting unauthorized access to the sensitive information belonging to the third parties, spying, etc. You undertake the full responsibility for notifying your employees, subcontractors, and other parties, who may be affected by your usage of the Product, about such usage and possible subsequences.



5. SUPPORT SERVICES.



Ekran System Inc. provides you with support services related to the Product. Any user who bought licensed version of the Product gets free access to the Updates and Support Services during one (1) year starting with the date of the first license activation.



Use of Support Services is governed by Ekran System Inc. policies and programs described in the user manual, in online documentation, and/or other materials provided by Ekran System Inc., as they may be modified from time to time.



Any supplemental Software code and/or other materials provided to you as part of the Support Services shall be considered part of the Product and subject to the terms and conditions of this EULA. With respect to technical information you provide to Ekran System Inc. as part of the Support Services, Ekran System Inc. may use such information for its business purposes, including for product support and development. Ekran System Inc. will not utilize such technical information in a form that personally identifies you.



6. COPYRIGHT.



The Product and each part of it are protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the Product is transferred to you. You further acknowledge that title and full ownership rights to the Product and each of its parts will remain the exclusive property of Ekran System Inc. and you will not acquire any rights to the Product except as expressly set forth in this license. You agree that any copies of the Product or any part of it will contain the same proprietary notices, which appear on and in the Product.



7. WARRANTIES AND DISCLAIMERS.



7.1. NO WARRANTIES. EKRAN SYSTEM INC. EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PRODUCT. THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.



7.2. LIMITATION OF LIABILITY. IN NO EVENT SHALL EKRAN SYSTEM INC. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE PRODUCT, AND THE INFORMATION CONTAINED IN OR COMPILED BY THE PRODUCT, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE EKRAN SYSTEM INC. OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE EKRAN SYSTEM INC. OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, OR THE INCOMPATIBILITY OF THE PRODUCT WITH ANY HARDWARE SOFTWARE OR USAGE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EKRAN SYSTEM INC. TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.



8. MISCELLANEOUS.



8.1. Data collection. Product does not transfer any of the information collected while functioning at your infrastructure to Ekran System Inc. or any other third-party. Such data is stored in the locations as configured and indicated by you while deploying and maintaining the Product.



Authorized employees of Ekran System Inc. may request some technical information from you when delivering support services. This information, in anonymized form, without any identification data, may be used to develop technical improvements to the Product.



8.2. Sensitive data handling. When signing this Agreement and registering your Product licenses, you must provide business information (Company name) and contact information (contact person full name, email address, and phone number in some cases) to set up your customer account.



Ekran System Inc. uses regulation-compliant services for handling customer data, such as Mailchimp and Hubspot.



At any moment you can request removal of provided contact data from our lists by contacting Ekran System Inc. directly. To continue using the Product and receiving related services, you will need to provide alternative contact data.



8.3. Contact Information. Should you have any questions concerning this Agreement contact us at .



©2013-2018 Ekran System Inc. All rights reserved. The Product, including the Software and any accompanying Documentation, are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.



12002 Warfield Suite 103, San Antonio, Texas 78216, US