CommuniGate Pro License Agreement
1. LICENSE. The CommuniGate Pro Software and CommuniGate Pro Documentation whether on disk, in read-only memory, or on any other media (collectively, the
'CommuniGate Pro Software') are licensed, not sold, to you by CommuniGate Systems, Inc. ('CGS'). All copies of the CommuniGate Pro Software you use are subject
to this License. The License is provided in the form of numeric CommuniGate Pro License Keys ('License Keys').
2. PERMITTED USES and RESTRICTIONS. This License allows you to use each set of License Keys on one single- or multi-processor Server Computer. Each set of the
License Keys is issued for one Internet Domain Name ('Main Domain'). You expressly acknowledge that this Internet Domain Name exists and that it is registered
by you. THE MAIN DOMAIN NAME CANNOT BE CHANGED ONCE THE LICENSE KEYS ARE ISSUED. Besides the Main Domain, you can serve any number of Secondary Domains on the
same instance of the CommuniGate Pro Software using the issued set of License Keys. You may not, except as permitted by applicable law, decompile, reverse
engineer, disassemble, modify, rent, lease, loan or create derivative works from the CommuniGate Pro Software. You may modify the CommuniGate Pro Software
components defined as 'customizable' in the Documentation. Your rights under this License will terminate automatically without notice from CGS if you fail to
comply with any term(s) of this License.
3. FUTURE VERSIONS. CGS may from time to time develop new versions of the CommuniGate Pro Software. Nothing in this Agreement shall obligate CGS to develop any
particular update or enhancement. This License grants you a right to use the purchased set of License Keys with new versions of CommuniGate Pro Software
released within 12 months from the date of initial License Key purchase (called 'Initial Date'). CGS may choose to implement new features and/or components of
the CommuniGate Pro Software that require additional License Keys. You are not obligated to purchase additional Keys if you choose not to use those new features
4. MAINTENANCE. Updated License Keys allow you to use CommuniGate Pro versions released after 12 months from the Initial Date. Updated License Keys can be
issued at any month on the same day of month as the Initial Date, or on the last day of month if this month is shorter. This date is called the Update Date. The
updated License Keys grant you a right to use new versions of CommuniGate Pro Software released within 12 months from the Update Date. To use newer versions, a
new set of updated License Keys is required. The price of Updated License Keys is calculated by multiplying the number of months past since the last Update Date
(or the Initial Date) by the maintenance fee rate. If a set of License Keys includes several keys, all License Keys in the set should be upgraded at once.
5. ANNUALLY-LICENSED COMPONENTS. Some CommuniGate Pro Software components (including certain 3rd party Plugins) are licensed on an annual basis. License Keys
issued for those components are valid for 12 months only, and new License Keys must be purchased to enable those components after each 12 months period. These
License Keys are not subject to maintenance fees specified in the section 4.
6. TERMINATION. This License is unlimited in time, and it can be terminated only as described in Section 2.
7. DISCLAIMER of WARRANTY on CommuniGate Pro Software. You expressly acknowledge and agree that use of the CommuniGate Pro Software is at your sole risk. The
CommuniGate Pro Software is provided 'AS IS' and without warranty of any kind and CGS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CGS DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE COMMUNIGATE PRO SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE COMMUNIGATE PRO SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE COMMUNIGATE PRO SOFTWARE WILL BE CORRECTED. FURTHERMORE, CGS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE COMMUNIGATE PRO SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY CGS OR A CGS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SHOULD THE COMMUNIGATE PRO SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CGS OR A CGS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
8. LIMITATION of LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CGS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT
APPLY TO YOU. In no event shall CGS's total liability to you for all damages exceed the amount paid for this License.
9. Export Law Assurances. You may not use or otherwise export or reexport the CommuniGate Pro License Keys except as authorized by the laws of the jurisdiction
in which the CommuniGate Pro License Keys were obtained.
10. Government End Users. If the CommuniGate Pro License Keys are supplied to the United States of America Government, the CommuniGate Pro Software is
classified as 'restricted computer software' as defined in clause 52.227-19 of the FAR.
11. Controlling Law and Severability. If there is a local subsidiary of CGS in the country in which the CommuniGate Pro Software License Keys were purchased,
then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States of America
and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of
this License shall continue in full force and effect.
12. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the CommuniGate Pro Software and supersedes
all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and
signed by CGS.