End-user license agreement
This  End User License Agreement ("EULA") applies to the Zarafa Collaboration Platform ("Software") and any related updates or patches to the Program regardless of how you, or the company or institution that you represent, ("Customer") might obtain such updates or patches. Certain updates or upgrades to the Software may be provided under an additional or replacement EULA to which separate agreement will be asked at that time.

1. License grant
OSS (Open Source Software) License Grant.  Zarafa, also on behalf of its licensors, grants to Customer a perpetual license to the OSS  components of the Program pursuant to the GNU Affero General Public License v.3 ("AGPLv3"). This EULA does not limit rights under, or grant rights that supersede, the license  terms that apply to any individual OSS component.

CSS (Closed Source Software) License Grant.   Zarafa, also on behalf of its licensors, grants Customer a non-exclusive, non-transferable license to use  the Zarafa-'non-OSS' components (for example but not limited to: Zarafa Windows Client, Zarafa Active Directory® integration) during the term as defined in article 5.

Hosted Edition License Grant. In case Customer has acquired a paid subscription for the Zarafa 'Hosted Edition', Zarafa, also on behalf of its licensors, grants Customer a non-exclusive, non-transferable license to deploy the Hosted Edition and to permit (through rental, lease or similar construct) end users who have accepted this EULA to interact with the Hosted Edition, during the term as defined in article 5.

No right, title or interest in or to any trademark, service mark, logo or trade name of Zarafa and/or its licensors is granted under this Agreement. This Agreement grants Customer no rights to use any name, trade mark, service mark or logo of Zarafa, including, but not limited to Zarafa or Zarafaserver. Customer acknowledges that Zarafa is the owner of the names Zarafa, Zarafaserver and all associated trademarks, logos and icons. 

2. License limitations 
Customer may not: 
(a) modify,  copy,  or create any derivative works of the Closed Source Software features;  
(b) decompile, disassemble or reverse engineer the Closed Source Software features  (except to the extent permitted by applicable law);
(c) redistribute,  encumber, sell, rent, lease, sublicense, or  otherwise transfer rights to  the Closed Source Software features (except to  the extent permitted herein);  or 
(d) remove or alter any trademark,  logo, copyright or other proprietary  notices, legends, symbols or  labels in the Closed Source Software features. 

Customer acknowledges that the Software is not designed or intended for use in online aircraft control, aircrafts, aircraft navigation or aircraft communications; nor in the design, construction, operation or maintenance of any nuclear facility. Customer shall not use the Software for these purposes and Customer shall indemnify Zarafa against any express or implied warranty of fitness for such uses. 

3. No warranty
The Software is provided "AS IS". Customer's exclusive remedy and Zarafa's entire liability under this limited warranty will be at Zarafa's option to replace the Software media or refund the fee paid for the Software.

To the maximum extent permitted by law, Zarafa and its suppliers disclaim all other warranties, representations and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the Software, and the provision of or failure to provide support services.

4. Limitation of liability
To the extent not prohibited by law, in no event will Zarafa or its licensors be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use the Software or as a consequence of the provision of or failure to provide support services, even if Zarafa has been advised of the possibility of such damages. 

In no event will Zarafa's liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by Customer for the Software under this EULA. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. In any case, the total liability for Zarafa due to any of the cases in this EULA is limited to the actual amount paid for the Software, or EUR 5,- if the latter amount is higher.

5. Term and termination
This Agreement is effective until terminated. Customer may terminate this Agreement at any time, by destroying all copies of the Software. This Agreement will terminate immediately without notice from Zarafa should Customer fail to comply with any provision of this Agreement. Upon termination, Customer shall destroy all copies of the Software.

If the Software is an evaluation version, the Agreement terminates automatically upon expiry of the evaluation term (which is 30 calendar days after installation unless indicated otherwise by Zarafa).

6. Export regulations
All Software and technical data delivered under this Agreement may be subject to Dutch export control laws and may be subject to export or import regulations in other countries. Customer shall comply strictly with all such laws and regulations and acknowledge that it has the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to Customer.

7. Governing Law and jurisdiction
Any action related to this Agreement will be governed by Dutch law. The Dutch court of The Hague shall have exclusive jurisdiction. 

No choice of law rules of any jurisdiction will apply.

8. Severability
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

This Agreement is the entire agreement between Customer and Zarafa relating to this subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgement, or other communication between the parties relating to the subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

