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End User License Agreement
Installation and use of Serv-U indicates you accept the terms of this End User License Agreement (EULA). If you are accepting these terms on behalf of a company, you also warrant that your company accepts the terms of this EULA.
Rhino Software, Inc. ("RhinoSoft") reserves the right to update and change, at any time and without notice, this EULA and all documents incorporated herein by reference. The most recent version of this EULA is available at http://www.Serv-U.com/eula. Your continued use of Serv-U after any EULA update or change constitutes your acceptance of the new EULA.
Serv-U Licensing
Terms and Definitions
Serv-U licenses are sold as individual units, in license packs and in a limited number of open-ended license packages (i.e., “Department”, “Site” and “Enterprise”) that address scope and type of use rather than a set number of licenses.
Serv-U licenses are perpetual licenses that permit licensees to use specific editions, modules and versions of licensed software indefinitely. However, licensees must maintain a current support contract to access the latest versions of their licensed software. (Most Serv-U licenses are initially sold in a bundle that includes a one or two year support contract, but support contracts must be explicitly renewed in following years.)
For purposes of license consumption, each running instance of a Virtual Machine (VM) counts as an individual computer. (I.e., each active VM instance requires its own Serv-U license; inactive VM snapshots are considered to be backups.)
Individual and Pack Licenses
Individual and pack licenses of Serv-U may each be installed on a single computer and used to grant shared access to multiple people as permitted by the terms of specific Serv-U editions. (E.g., our “Serv-U Silver” edition permits a specific maximum number of end users to access a single Serv-U server.) However, individual and pack licenses of Serv-U cannot be shared across multiple computers.
Open-Ended License Packages
A Department license permits a single company to deploy an unlimited number of copies of Serv-U to meet the needs of a single functional department within a single corporate entity. (E.g., a Department license may be sold to handle internal and external file exchanges for Company A`s Accounting Department.) A licensee is in compliance with the Department license if that department purchases and maintains their licensed computers, or contracts with their internal or an external IT function to maintain their licensed computers, for that department`s exclusive use. A licensee is out of compliance with the Department license if employees/contractors of other functional departments (or other companies) use the same computer(s) to manage file exchanges with their users. (E.g., a licensed computer used by customers exchanging files with both Sales and Accounting would be out of compliance if Company A`s Sales department had purchased a Department license.)
A Site license permits a single company to deploy an unlimited number of copies of Serv-U to meet the needs of a single physical deployment within a single corporate entity. (E.g., a Site license may be sold to handle internal and external file exchanges for Company A`s Philadelphia office.) A licensee is in compliance with the Site license if that site purchases and maintains their licensed computers, or contracts with their internal or an external IT function to maintain their licensed computers, for that site`s exclusive use. A licensee is out of compliance with the Site license if employees/contractors of other sites (or other companies) use the same computer(s) to manage file exchanges with their users. (E.g., a licensed computer used by customers exchanging files with both the Philadelphia and Chicago offices would be out of compliance if Company A had purchased a single Site license for Philadelphia.)
An Enterprise license permits a single company to deploy an unlimited number of copies of Serv-U to meet the worldwide needs of a single corporate entity. (E.g., an Enterprise license may be sold to handle internal and external file exchanges for Company A, regardless of department or location.) A licensee is in compliance with the Enterprise license if that company purchases and maintains their licensed computers, or contracts with their internal or an external IT function to maintain their licensed computers, for that company`s exclusive use. A licensee is out of compliance with the Enterprise license if employees/contractors of other companies use the same computer(s) to manage file exchanges with their users. (E.g., a licensed computer used by customers exchanging files with both Company A and Company B would be out of compliance if Company A had purchased a single Enterprise license.)
Acceptable Use
Hosted Services
Companies operating as a "service bureau", "cloud service", "hosted service", "ISP" or other arrangement under which multiple companies manage internal and external file transfers through our software are permitted to perform these services under this EULA by purchasing one license for each computer on which Serv-U is deployed. Hosted service companies may not use Department, Site or Enterprise licenses to fulfill these deployments. (E.g., If Company A would like to host Serv-U domains for one hundred other companies on five different computers, Company A would need to purchase five individual Serv-U licenses.)
Customers of Serv-U licensees are permitted to administer individual Serv-U domains and make similar use of Serv-U functions but have no claim to any Serv-U license nor any right to transfer their use of Serv-U to another computer without obtaining their own Serv-U license. (E.g., If Company A hosts a Serv-U domain for their customer Company B, Company B is permitted to set up its own users, folder structures and other Serv-U entities on Company A`s computer, but Company B has no license it could transfer from Company A to set up an on-premises Serv-U deployment or set up another hosted Serv-U service.)
Reverse Engineering
You may not reverse engineer, decompile, or disassemble Serv-U software
Use of modified or “cracked” Serv-U software or Serv-U “key generator” software is dangerous and unlawful.
Evaluation and Registration
You are licensed to use this software in a non-production environment without charge for an evaluation period of 30 days unless otherwise specified. After the evaluation period a commercial Serv-U license is required for any use. Commercial Serv-U licenses are also required at all times for production use.
Commercial Serv-U licenses are fulfilled with a non-transferable Registration ID after purchase. These licenses can be purchased from RhinoSoft or any of our resellers. Visit the Serv-U web site at http://www.Serv-U.com for current information on all purchase options.
Duplication and Distribution
You may duplicate and distribute unmodified and unregistered evaluation editions of the most recent version of Serv-U software provided you do not charge for or solicit donations for your distribution service. You may also make up to three copies of the versions you are permitted to use under your license for your own archival or backup purposes provided you exercise due care to prevent other people or companies from accessing those copies.
All other distribution, including distribution of Registration IDs, modified editions of Serv-U, retired versions of Serv-U or registered editions of Serv-U, is prohibited.
Transfer
Serv-U licenses registered to a specific company enjoy a limited right of transfer in the case of reorganization, acquisition or divestiture. In these cases each license may be transferred from its original company to a new company as long as the original company stops using the licenses and the original company receives absolutely no consideration for the transfer of the licenses.
All other license transfers, including transfer of licenses between different companies, is expressly forbidden.
Legal Conventions
Governing Law
This agreement is governed by the laws of the State of Wisconsin, USA, except as stated herein. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If you acquired the software in Asia the laws of those countries apply.
Severability
Each provision of this EULA is severable from the whole, and if one provision is declared invalid, the other provisions shall remain in full force and effect.
Termination
Rhino Software, Inc. may terminate this EULA immediately if you fail to comply with the terms and conditions of this EULA. You may also terminate this EULA immediately for any reason. No refund shall be issued in either of these cases.
Rhino Software, Inc. may also terminate this EULA without cause if we provide 30 days notice in writing. A prorated refund based on your current support contract will be issued in this case.
You must destroy all copies of any Serv-U Registration IDs in your possession upon termination of this EULA, regardless of the reason for termination.
Disclaimer of Warranty
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
Good data processing practice dictates that any new program should be thoroughly tested by the user with non-critical data before relying on it in production. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, AT THE SELLER`S SOLE DISCRETION, A REFUND OF PURCHASE PRICE.
Copyright
Rhino Software, Inc. holds a worldwide exclusive copyright on Serv-U software. Previous Serv-U copyrights held by Cat Soft, LLC were entirely transferred to Rhino Software, Inc. on January 1, 2006.
Registered Trademark
Serv-U® is a registered trademark of Rhino Software, Inc.