294 lines
17 KiB
Plaintext
294 lines
17 KiB
Plaintext
End User License and Subscription Agreement
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Collabora Office (“Software”)
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An individual acting on their own behalf or on behalf of any corporate entity
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which employs them or which they represent (“an Organisation”) represents that
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he or she has the authority to enter into this agreement on behalf of that
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Organisation. In this Licence Agreement, “You” includes both the reader and any
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Organisation.
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PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, INSTALLING AND/OR USING
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THE COLLABORA OFFICE SOFTWARE (INCLUDING ITS COMPONENTS), YOU AGREE TO THE
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TERMS OF THIS LICENCE AND SUBSCRIPTION AGREEMENT AND ACKNOWLEDGE THAT YOU HAVE
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READ AND UNDERSTAND THIS AGREEMENT.
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IF YOU DO NOT AGREE WITH THESE TERMS PLEASE DO NOT DOWNLOAD, INSTALL OR USE THE
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SOFTWARE OR SUBSCRIPTION SERVICES.
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PARTIES. This software licence and subscription agreement (“Agreement”) is a
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legally binding agreement between You and Collabora Productivity Limited,
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incorporated and registered in England and Wales with company number 08644931
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whose registered office is at The Platinum Building, St John’s Innovation Park,
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Cambridge, CB4 0DS, United Kingdom (“Collabora”) and where applicable
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references to Collabora shall also refer to its authorised resellers and third
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party distributors from time to time.
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SOFTWARE. The Software and each of its components are owned by Collabora or
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other licensors and are protected as copyrighted works of authorship, and are
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also protected under applicable database and other applicable laws. To the
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extent that they are not accompanied by a separate Collabora software licence
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agreement, any modification, update or upgrade to the Software that You may
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download or receive, whether as Subscription Services detailed below or
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otherwise, is included as Software and governed by the “Licenses” heading below
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and generally by this Agreement.
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LICENCES. Provided that You have subscribed to the Subscription Services as
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detailed below and Your compliance with the other terms and conditions of this
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Agreement, Collabora grants to You a perpetual, non-transferable, worldwide
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licence (“Licence”) to reproduce and use copies of the Software within Your
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Organization. The Software is licensed (not sold) to You. Accordingly no title
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to or ownership of the Software is transferred to You. You should also be aware
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that in addition to this grant of Licence, many of the individual components of
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the Software are subject to open source licences, as detailed further below
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under “Open Source Licences and Limitations”.
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SUBSCRIPTION SERVICES. The Licence to reproduce and use a copy of the Software
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is granted subject to the initial purchase by You of Software maintenance
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and/or support services entitlements (“Subscription Services Entitlements”)
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equivalent in number to the total number of units of the Software that you
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intend to deploy, install or use in Your Organization.
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The Subscription Services Entitlements entitle You during the subscription
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period to make use of the following services (“Subscription Services”):
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a) in the case of maintenance services, to any security fixes and Software
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updates which may be issued by Collabora, including existing fixes from the
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support services set out at (b), on the terms set out in this Agreement and
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from time to time at http://www.CollaboraOffice.com/
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b) in the case of support services, to fee based technical support on the
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terms set out in this Agreement, or any separate agreement, and from time to
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time at http://www.CollaboraOffice.com/.
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All Subscription Services will be supplied in a professional manner in
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accordance with generally accepted industry standards.
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Unless the Subscription Services and Subscription Services Entitlements are set
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out in a separate contract with Collabora, they are offered to You subject to
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the terms set out in this Agreement.
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IF THE SUBSCRIPTION SERVICES ENTITLEMENTS PERIOD EXPIRES AND IS NOT RENEWED
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WITHIN 30 DAYS, ACCESS TO SUBSCRIPTION SERVICES IS TERMINATED. IF WITHIN THE
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SUBSCRIPTION SERVICES ENTITLEMENT PERIOD YOU WISH TO INCREASE THE NUMBER OF
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COPIES OF THE SOFTWARE YOUR ORGANISATION IS USING, YOU MUST PURCHASE ADDITIONAL
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UNITS OF SUBSCRIPTION SERVICES ENTITLEMENTS EQUIVALENT TO THE NUMBER OF
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ADDITIONAL SOFTWARE COPIES YOU WISH TO INSTALL. UPON RENEWAL OF YOUR
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SUBSCRIPTION SERVICES ENTITLEMENTS, YOUR SUBMISSION OF A PURCHASE ORDER OR
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PAYMENT OF FEES FOR SUBSCRIPTION SERVICES ENTITLEMENTS WILL BE DEEMED TO BE A
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REPRESENTATION OF THE NUMBER OF COPIES OF THE SOFTWARE INSTALLED AT YOUR
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ORGANISATION AT THAT TIME. COLLABORA RESERVES THE RIGHT AT ITS ENTIRE
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DISCRETION TO CARRY OUT A LICENCE COMPLIANCE AUDIT AT ANY TIME.
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HOME USE. Collabora grants primary users of Subscription Services Entitlements
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and their immediate family members a License to reproduce and use copies of the
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Software for Home Use as detailed below unless otherwise prohibited by any
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applicable laws, policies or regulations. Home Use is usage outside the scope
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of normal business that occurs primarily inside the home.
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LICENSE COMPLIANCE AUDIT. Collabora may, upon fifteen (15) days’ advance notice
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and at its expense, conduct an annual audit if You are an Organisation, during
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your normal business hours, of Your use of the Software to verify compliance
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with this Agreement and in particular Your commitment under the License herein
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to purchase an equivalent number units of Subscription Services Entitlements.
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You agree to keep records sufficient to certify your compliance with this
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Agreement. Upon Collabora’s or its authorized representative’s reasonable
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written commitment(s) to safeguard your confidential information, you shall
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fully cooperate with such audit and provide any necessary assistance and access
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to records and computers. If an audit reveals that you have or at any time had
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unlicensed installation, use of, or access to the Software, You will promptly
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acquire sufficient Subscription Services Entitlements to cover any shortage. If
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a shortage of 5% or more is found, you must reimburse Collabora for the costs
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incurred in the audit and acquire the necessary additional Subscription
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Services Entitlements within 30 days.
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EVALUATION LICENCE. An evaluation licence is granted when You deploy, install
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or use an evaluation version of the Software or You are granted a time limited,
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non-exclusive and non-transferable licence by Collabora for evaluation
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purposes. The Software is licensed to You for the sole purpose of evaluating
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the Software and only for a specified evaluation period of 30 days. After 30
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days You must either purchase an equivalent Subscription Services Entitlement
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from Collabora, or destroy and stop using the Software. If You purchase the
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Subscription Service Entitlement before the expiration of the evaluation time,
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You have a valid licence and You do not need to destroy the Software.
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OPEN SOURCE LICENCES/REQUIREMENTS. Many of the individual components included
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in the Software are licensed primarily pursuant to Mozilla Public License v2.0
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open source licence, in addition to other open source licences identified in
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the documentation or located in the source code or binary code for the
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component. For these the source code form of the Software is made available at
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all times under the terms of such licences.
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Whilst this Agreement in no way limits Your rights under such licences, nor is
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it intended to supersede or conflict with the licence terms or obligations for
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use of any individual open source component, the Mozilla Public License v2.0
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has been utilised to license the majority of the components comprising the
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Software because it allows the imposition (as is set out in its paragraph
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3.2(b)) of the conditions of this Agreement on the free distribution of
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Software in its Executable Form.
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For the avoidance of doubt, Collabora branding, theme data and Collabora Marks
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are not made available under an Open Source license.
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MAINTENANCE SERVICES.
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1) By purchasing maintenance services You are entitled to install and use all
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upgrades and updates made commercially available by Collabora during the period
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covered by the maintenance services subscription, up to the number of
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installations for which You have purchase maintenance services.
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2) Any “update” means a fix or compilation of fixes released by Collabora to
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correct operational errors (a defect that prevents it from operating
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substantially as intended, where such intent shall be deduced based on a
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competent inspection of the source code and documentation) in the Software. An
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“upgrade” means any new version of the Software which bears the same product
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name, including version changes evidenced by a number immediately after the
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name of the Software.
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3) If a question arises as to whether a release by Collabora is an upgrade or
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an update or a new Software product, Collabora’s opinion will prevail provided
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that Collabora treats the product offering the same for its end users generally.
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4) If Collabora commercially releases any upgrade or updates, it will make such
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upgrades or updates available to You within a reasonable period of time after
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they become commercially available, although Collabora cannot guarantee any
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specific turnaround times and/or regular release intervals.
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5) At its sole discretion Collabora will determine whether to eliminate an
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operational error by means of issuing an update. Collabora will inform you by
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email (to the address given on registration of the maintenance services) as
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soon as new updates are released at the Collabora website.
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6) Maintenance services do not include integration services, installation of
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upgrades or updates, support services or any other benefits not expressly
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described in this Agreement.
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SUPPORT SERVICES
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By purchasing an entitlement to ‘Level 3’ technical support, services will be
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provided on certain terms which include:
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- allocation of a severity level for each support case and any variations on
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this;
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- Collabora’s work availability times, initial response time and the
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communication frequency for each support case based on such allocated case
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severity level;
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- Your limit on the number of support cases that You can report for each such
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allocated case severity level (although for the avoidance of doubt, any unused
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limit cannot be refunded and expires at the end of the Subscription Services
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Entitlement period unless otherwise agreed).
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The specific terms are subject to change from time to time and accordingly are
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set out at http://www.CollaboraOffice.com/, unless separately agreed with You
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such as in a purchase order. You are urged to check these terms again now
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before proceeding with any purchase of Subscription Services Entitlements.
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Alternatively, Collabora also entitle You to purchase the support services
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entitlement from a reseller or other intermediary rather than from Collabora
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directly. If You have purchased the services entitlement from such a party
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please check with them if any support service entitlement terms have been
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separately negotiated between them and Collabora, as any such terms are deemed
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to be incorporated into this Agreement and shall take precedence over any
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conflicting terms set out at http://www.CollaboraOffice.com/ or on a purchase
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order.
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LIMITATIONS AND EXCLUSIONS
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1) Collabora offers no rights other than those expressly granted to You in this
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Agreement. Except as agreed to under a separate written agreement with
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Collabora or in the licence terms accompanying a particular component, to the
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maximum extent permitted under applicable law (and not applicable to claims
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relating to death or personal injury caused by negligence or fraudulent
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misrepresentation) the Software is provided and licensed "as is" without any
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warranties of any kind, express or implied, including any implied warranties of
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quality, title, non-infringement, non-interruption or fitness for a particular
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purpose.
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2) The Software is only compatible with certain computers and operating
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systems. It is not warranted for non-compatible systems or for incorrect or
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unauthorised use, being use which is not in accordance with the Documentation.
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Please contact Collabora for information about compatibility or incorrect use.
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3) The Software may include or be bundled with other software programmes or
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services licensed or sold by an entity other than Collabora. Collabora does not
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warrant non-Collabora products or services, which are provided on an "as is"
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basis. Please see the third party entity regarding remedies.
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4) No right or licence, express or implied, is granted under this Agreement
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with respect to any trademark, trade name or service mark (“Mark”) of
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Collabora. If You distribute any open source component of the Software, You
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must remove all Marks except those used to identify Collabora’s ownership or
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licensing of the component. In addition you may not vary, delete or obscure any
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notices of proprietary rights or any product identification or restrictions on
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or in the Software.
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5) Neither Collabora nor any of its licensors, subsidiaries, contractors or
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employees will in any case be liable for any incidental, consequential,
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indirect or economic damages arising out of the use of or inability to use the
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Software or Subscription Services, including without limitation loss of
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profits, business or data, even if advised of the possibility of those damages.
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In particular, as files may be altered or damaged in the course of Collabora
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providing Subscription Services, You agree to take appropriate measures to
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isolate and back up Your systems.
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6) Notwithstanding (5) above, in no event will Collabora's aggregate liability
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for damages (whether in one instance or a series of instances) exceed 1.25
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times the amount paid by You for the Subscription Services Entitlements out of
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which such claim arose.
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7) Upon any default in Collabora’s provision of Subscription Services,
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Collabora's only obligation is to either correct the Subscription Services so
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that they comply with this warranty or at its option refund the amount You paid
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to Collabora for the portion of such Services that fail to comply with this
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warranty and in such event You may elect to terminate this Agreement with
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immediate effect.
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GENERAL TERMS
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1) This Agreement may not be transferred or assigned without the prior written
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approval of Collabora.
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2) This Agreement will terminate if You fail to comply with any term or
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condition of this Agreement.
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3) Unless explicitly indicated otherwise, this Agreement sets forth the entire
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understanding and agreement between You and Collabora and may be amended or
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modified only by a written agreement agreed to by You and Collabora. No
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licensor, distributor, or reseller is authorised to modify this Agreement
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whether formally or informally.
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4) No waiver of any right under this Agreement will be effective unless in
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writing. No waiver of any past or present right will be deemed to be a waiver
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of any future right arising under this Agreement.
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5) If any provision in this Agreement is invalid or unenforceable, that
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provision will be construed, limited, modified or, if necessary, severed, to
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the extent necessary, to eliminate its invalidity or unenforceability, and the
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other provisions of this Agreement will remain unaffected.
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6) Any products or technical information provided under this Agreement may be
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subject to trade laws of various countries including U.S. export controls. Both
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You and Collabora each agree to comply with all export control regulations and
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to obtain any required licenses or classification to export, re-export or
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import deliverables and Collabora assumes no responsibility for the Your
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failure to comply with any such necessary export control laws, rules or
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regulations.
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7) If You are an Organisation You agree that you will not use the Software in
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breach of any relevant laws in the country in which you use the Software, and
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you agree to implement internal safeguards to prevent any unauthorized copying,
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distribution, installation, or use of, or access to, the Software.
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8) You may make a reasonable number of copies of the Software over and above
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the number of units of Software for which you have purchased Subscription
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Services Entitlements, purely for backup, archival or other security purposes.
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In so doing You will not be in breach of the terms of this Agreement.
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9) Without regard to conflict of laws rules and principles or the United
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Nations Convention of Contracts for the International Sale of Goods, this
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Agreement is governed by the laws of England, and any action relating to this
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Agreement may only be brought before the courts of England.
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EULA 2020-04-07
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------------------------------------------------------------------------------
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Collabora Productivity Ltd.
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The Platinum Building
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St John’s Innovation Park
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Cambridge
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CB4 0DS
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United Kingdom
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Registered in England and Wales with company number 08644931
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Telephone: +44 (0)1223 362967
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E-mail: libreoffice@collabora.com
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Web: http://CollaboraOffice.com
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