Ekran System® End-User License Agreement


AGREEMENT VERSION 2.2



IMPORTANT — READ CAREFULLY:



This Ekran System® End-User License Agreement (further referred to as "this EULA") is a legal agreement between you (either as an individual or as a legal 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 EULA is provided (further referred to as "the Software"); b) all successive upgrades, modified versions, modified modules, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance releases of the Software, if any (further referred to as collectively as "the Updates"); and c) related user documentation and explanatory materials or files provided in written, "online" or electronic form (further referred to as "the Documentation" and together with the Software and the Updates, as "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 THE "I AGREE" BUTTON, PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY, AS THIS ACTION IS EQUIVALENT TO YOUR SIGNATURE AND BY CLICKING THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND BECOMING A PARTY TO THIS AGREEMENT AND YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE IN THE SAME WAY AS ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOURSELF. 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 DEFINED IN THEIR TERMS BELOW.



1. DEFINITIONS



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



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



"The License Agreement", “this Agreement”, “this EULA” means this document. This License Agreement is a legal agreement between you (either as an individual or as a legal entity) and Ekran System Inc.




2. GRANTING OF LICENSES



2.1. Licensed Versions and License Types.



When you purchase a license, you will be provided with a license key or a list of license keys. You should enter the license key(s) as prompted by the Software. This licensed version of the 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 using Ekran System®, these are:



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



b. An Infrastructure Server Client license. This license can be assigned to a server endpoint running the Windows Server operating system, including those deployed in the cloud on Microsoft Azure or Amazon Web Services, and allows the recording of 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 running the Linux operating system or Unix operating system, including Oracle Solaris and IBM AIX systems. It allows the recording of any number of concurrent sessions running on the licensed server endpoint.



d. A Workstation Client license. This license can be assigned to a workstation or virtual desktop running the Windows desktop operating system or macOS operating system and allows the recording of one (1) local or remote session.



The license types mentioned above can be combined in the user infrastructure. Purchased licenses can be freely transferred between user infrastructure objects.



2.2. The Trial Version.



An individual or legal entity may use a (limited) trial version of the Product free-of-charge for thirty (30) days from the day that the Product is installed with the trial key. The trial version includes a 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.



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



2.3. The Term and Termination of this EULA.



The Term of this EULA (further referred to as ("the Term") shall begin when you download, access or install the Product or pay the applicable license fees (whichever is sooner) and shall continue for the Term specified in your order. Without prejudice to any other rights, this EULA will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon termination or expiration of this EULA, 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 EULA, 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 any of its component parts as you wish, provide copies of the original Product or any of its component parts to any third party, or distribute the Product or its component parts in any form (modified/unmodified) via electronic means (Internet, BBSs, shareware distribution libraries, CD-ROMs, etc).



4. RESTRICTIONS



4.1. Restrictions on Actions with the Product.



You may not reverse engineer, decompile, or disassemble the Software as a Product part, nor may you rent, lease, or lend the Product to any third party. You may however permanently transfer all of your rights under this EULA to a third party, provided that the recipient agrees to the terms of this EULA.



4.2. Restrictions on the Purpose of Usage.



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



5. SUPPORT SERVICES



Ekran System Inc. provides you with support services related to the Product. Any user who has purchased a licensed version of the Product gets free access to the Update & Support services for a period of one (1) year starting from the date of activation of the first license



Use of Support services is governed by the Ekran System Inc. policies and programs described in the user manual, in the online documentation, and/or other materials provided by Ekran System Inc, which 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 as part of the Product and subject to the terms and conditions of this EULA. With respect to technical information that you provide to Ekran System Inc. in connection with the Support services, Ekran System Inc. may use such information for its own business purposes, including for product support and development. Ekran System Inc. will not utilize any such technical information in a form that personally identifies you.



6. COPYRIGHT



The Product and each of its component parts are protected by copyright laws and provisions of international treaty. You acknowledge that no title to the intellectual property in the Product is transferred to you. You further acknowledge that the title and full ownership rights to the Product and each of its component 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 EULA. You agree that any copies of the Product or any component 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 FROM USE OR PERFORMANCE OF THE SOFTWARE LIES 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 FROM THE DELIVERY, PERFORMANCE, OR USE OF THE PRODUCT, OR THE INFORMATION CONTAINED IN OR COMPILED BY THE PRODUCT, OR THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY EKRAN SYSTEM INC. OR BY A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 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 FROM THE USE OR INABILITY TO USE THE PRODUCT, OR THE INCOMPATIBILITY OF THE PRODUCT WITH ANY HARDWARE OR SOFTWARE OR USAGE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EKRAN SYSTEM INC. BEAR ANY LIABILITY TO YOU FOR ANY DAMAGES DUE TO ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN THE CONTRACT, TORT OR OTHERWISE EXCEEDING THE AMOUNT PAID BY YOU FOR THE PRODUCT.



8. MISCELLANEOUS



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



Authorized personnel 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. Handling of data. When signing this EULA and registering your Product licenses, you must provide business information (company name) and contact information (the full name, email address, and phone number of a contact person) to set up your customer account.



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



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



All the data provided by you is collected and handled according to the terms and conditions described in Privacy Policy, which constitutes an integral part of this EULA.



8.3. Contact Information. Should you have any questions concerning this EULA, please contact us at: .



©2013-2021 Ekran System Inc. All rights reserved. The Product, including the Software and all accompanying Documentation, are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.



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