License Agreement for Software Products of i-MSCP (internet - Multi Server Control Panel)
-
§ 1 Rights of Use
- (1) In return for the payment of the agreed lump sum
remuneration, i-MSCP grants its Customers a non-exclusive,
limited right to use the Software for an unlimited period
of time. The right of use of the acquired Software is
limited to one installation on a single i-MSCP instance.
This does not apply if Customers have acquired from i-MSCP
a "Extension"-license, which allows Customers to install
and use the acquired Software on multiple i-MSCP instances.
- (2) The acquired Software is licensed exclusively to
the Customer mentioned in the Customer Account and may be
used according to paragraph 1 above only by this Customer.
- (3) If customers intend to run multiple
installations of the Software, the right of use must be
extended accordingly, that is, Customers need to acquire
one or, if needed, several copies of the i-MSCP's
software. Any use beyond the contractual agreement
constitutes a breach of contract. In this case the Customer
is required to inform i-MSCP about the use in excess of the
license.
- (4) Customers are entitled to make a security backup
of the Software and to conduct daily data storage. The
creation of any further copies other than security backup
and data storage is prohibited.
- (5) Customers are not entitled to de-compile, amend
or change the Software unless this is permitted by law,
i.e. in case such de-compilation, amendment or change is
necessary to create an interface for other software
applications or to eliminate malfunctions in the Software.
Customers may change, amend or process the source code of
the Software as well as the data base structure of the
Software at their own risk. Customers are also entitled to
adjust the software in terms of graphics and functions to
their own needs.
- (6) Copyright markers as well as other notes
identifying software or source code may not be removed or
amended. They are to be transferred to each copy of the
Software. This does not apply if Customers have acquired
from i-MSCP a "Branding Free"-license, which allows
Customers to remove the respective copyright markers
as well as other notes identifying software- or source
code.
-
§ 2 Updates
- (1) i-MSCP provides Software updates in irregular
intervals. Customers may install the respective update at
their own discretion.
- (2) Customers must apply the offered updates in
order to benefit from stability and feature enhancements.
-
§ 3 Transfer
- (1) The Software copy may only be transferred as a
whole, i.e. by discontinuing the use of the acquired
Software copy, Customers may transfer its respective right
to use the Software according to the license agreement
between i-MSCP and the Customer to a third party. In this
case the Customer must delete the Software on the
Customer’s own remaining data carriers. After transfer the
Customer’s right to use the Software ceases to exist.
- (2) Customers may not transfer the Software to third
parties if there is a reasonable suspicion that the third
party intends to breach the existing license provisions,
particularly if the third party intends to create illegal
copies.
-
$ 4 Limitation of liability
- (1) i-MSCP assumes no liability for direct,
indirect, special, incidental, or consequential damages
resulting from possession, access, use or malfunction of
the software, including but not limited to, damages to
property, loss of goodwill, computer/mobile device failure
or malfunction and, to the extent permitted by law, damages
for personal injuries, property damage, lost profits or
punitive damages from any causes of action arising out of
or related to this agreement or the software, whether
arising in tort (including negligence), contract, strict
liability or otherwise and whether or not i-MSCP has been
advised of the possibility of such damage. Some
jurisdictions do not allow the limitation of liability for
death, personal injury, fraudulent misrepresentations or
certain intentional or negligent acts, or violation of
specific statutes, or the limitation of incidental or
consequential damages, so the above limitation of liability
may not apply to you. In no event shall i-MSCP's total
liability to you for all damages (except as may be required
under applicable law) exceed the amount paid by you for the
software.