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(Eula) Remote Management
PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("EULA”). This EULA is a legal agreement between you and DeskGate GmbH (“DESKGATE”) for the licensing and use of the DeskGate software, which includes DeskGate, DeskGate Enterprise, DeskGate Module, DeskGate Home User (FREE), and computer software and applications (“SOFTWARE”). This EULA also covers Software, any associated media, printed materials, and “online” or electronic documentation (collectively “PRODUCT”). Future releases of the Product may contain amendments to this EULA. BY CLICKING ‘I ACCEPT’ OR DOWNLOADING, OR OTHERWISE USING THE SOFTWARE, YOU ARE CONSENTING TO ALL OF THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS EULA, PLEASE IMMEDIATELY RETURN, DELETE OR DESTROY ANY AND ALL COPIES OF THE SOFTWARE YOU MAY HAVE. 1. LICENSE GRANT. Unless otherwise provided in the applicable Software documentation, DeskGate grants you, under this EULA, a license to use the Product for an indefinite period of time. The license granted herein is non-exclusive and its scope is dependent on whether you use the Software for personal or commercial use. (i) Private Use of DeskGate: if your use of the Software is for your private use, you may install the Software on private computers to be used in any one session at any one time; Private Use is use of DeskGate for purposes that are of no commercial nature and for which you are neither directly nor indirectly paid (for more information see <http://www.DeskGate.com> (ii) DeskGate Home User: you are allowed to install the Software on one computer and are allowed to run up to unlimited free connections in Remote Control mode.; DeskGate Enterprise: This software package may be licensed to multiple specified DeskGate accounts. Each DeskGate account is accessed by a Named User entering personal user data. After logging in to the DeskGate account on any computer, the Named User can establish connections to the machines that DeskGate’s agent software installed, in Remote Control mode or have up to unlimited participants in any Meeting. Each Named User can establish up to unlimited connections in Remote Control mode. Based on the foregoing calculations, virtualized desktops or computers or other hardware running multiple operated systems shall be counted as individual computers towards the total count. Additional concurrent users of the Software will require the respective additional licenses. ¹A "Named User" is a natural person named by the Customer, who has permission to use the software. This person is not entitled to pass on his/her log-in data to others. 2. SUPPORT. In addition to your warranty claims, DeskGate, in its sole determination, will provide you with support, which shall consist of: (i) telephone or electronic support to you in order to help you locate and, on your own, correct problems with the Product and / or (ii) supplying extensions, enhancements and other changes that DeskGate may make to the Product and which is made publicly available, without additional charge, to other licensees of the Product that are enrolled in Support. 3. BETA TESTING. DeskGate can provide you with Beta test versions of Product “AS IS”, free of charge, and WITHOUT WARRANTY OF ANY KIND. Such provision is done so only for the purpose of assisting DeskGate with testing functionality or compatibility. Should you use this test version, please provide DeskGate with compelling feedback in whatever format you may wish, or are directed by (“CONTRIBUTION”). You expressly acknowledge that your participation in any beta testing is undertaken by you on a volunteer basis and that you shall have no right in the beta Product or Contribution, whether in original form (as provided to you) or in respect of any derivative work (whether or not based upon, in whole or in part, on any participation or feedback you may make). Notwithstanding the foregoing, you agree to grant to DeskGate, free of charge, all rights of use in respect of your Contribution. 4. RESTRICTIONS. Except as otherwise agreed in writing , you shall have no right and you shall not permit any third party to: (i) make error corrections to or otherwise modify or adapt the Product or decompile, decrypt, disassemble, reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces of Product or of any files contained or generated using Product by any means whatsoever or otherwise reduce the Product to human-readable form, unless expressly permitted by law in each case; or (ii) circumvent or provide the method or means to circumvent any TMP in the Product; or (iii) use the Product in any manner not expressly authorised herein. 5. SCOPE OF LICENSE. DeskGate is the holder of all intellectual property rights in the Product, throughout the world. Please note that the Product may contain third-party software. With the license, you will be granted, according to Sec. 1, the non-exclusive right to use the Product, which shall constitute no sale. You shall be granted no furtherrights or titles in, or to, the Product in excess of this EULA. DeskGate and its licensors retain ownership of all copies of the Product and reserves all rights not expressly granted to you under this EULA. 6. CONSENT TO USE OF DATA. DeskGate and you shall comply with the respective provisions of the applicable data protection laws. DeskGate takes the protection of your personal data very seriously and strictly abides by the data protection laws. DeskGate collects, processes and uses your data for the implementation and processing of the contractual relation with you, in particular for successfully establishing connections over the Internet. Beyond that, your data will not be used without your prior consent, in particular not for advertising purposes. Non-personal data may be collected automatically to offer you first-class service, especially to facilitate and improve the provision of software updates, Support, Content, TPM and other services. 7. CONTENT UPDATES; TECHNOLOGICAL PROTECTION MEASURES (“TPM”). Some Products require, for optimum use and DeskGate may provide to you, in a number of formats (feeds, definition files etc), content that is automatically, synchronised or updated from time to time with DeskGate’s servers or systems (“CONTENT”). Such content may be provided for a limited time, from time to time, or in accordance with an applicable and valid Support agreement. The Products may also contain technological protection measures, for instance a license key or code, that prevents unlimited copying, or limit time of use or functionality in accordance with the type of license that you purchase (“TPM”). You consent that the Product will automatically contact DeskGate to receive Content and, in addition, if and when any of the following events occur: (i) the Product is successfully installed by you; (ii) you fail to install the Product successfully; (iii) the Product has been successfully configured; (iv) there are changes to the Product’s license key or TPM; and / or (v) the Product is uninstalled. DeskGate has offices worldwide and you acknowledge and consent that any data collected may be sent to any DeskGate office or affiliate for processing, including locations outside of the USA and European Union. Your consent to this Section 7 is limited to any data not being your personal data. For any of your personal data collected, processed or otherwise used in connection with this Section 7, Section 6 applies accordingly. 8. TERMINATION. You, as private user, and DeskGate may terminate the present EULA at any time; otherwise, it may be terminated in accordance with the legal provisions. In case of termination, you must cease all use of the Product, destroy all copies (including any components) of the Product, or, at DeskGate’s request, return such copies to DeskGate. Sections 2, 5, 10, 11, 12 and 13 of this EULA shall survive any termination of this EULA. 9. EXPORT CONTROLS. You agree that the Product will not be used, shipped, transferred or exported into any country or to anyone: (i) which the EU or UN has embargoed goods; (ii) where the national legislation of the relevant EU Member State has embargoed goods; (iii) listed in any enacted Common Position on restrictive measures imposed by the EU; (iv) on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (v) in any manner prohibited by the EU Common Foreign and Security Policy, the United States Export Administration Act, or any other export laws or regulations. By using the Product you represent that you are not located in, under the control of, or a national or resident of any such country or on any such list and you take full and sole responsibility for such use. 10. WARRANTY. DeskGate warrants its commercial users that the Product supplied will be free from defects for a period of two years from the date of receipt of the Product. No warranty for defects is provided to private users, unless such defect was maliciously concealed. Any supplements or updates to the Product, including without limitation, any (if any) service packs, patches or fixes provided to you are not covered by any warranty; they are rather provided ‘AS IS’. This warranty is personal to you and cannot be transferred. REMEDY: If a Product media defect arises and you have a valid claim, DeskGate will remedy the defect by one of the following measures: (1) rectify the defect at no cost to you, using new or refurbished parts that are equivalent to new in performance and reliability, or (2) exchange the Product media with Product media that is new or refurbished, which is at least functionality equivalent to the original Product media, or (3) refund the purchase price of the original Product media subject to your provision of a valid receipt of purchase. The above regulations shall, of course, not affect any other rights that you may have by law. Rectification is free of charge for you. Warranty claims are excluded if failure of the Product has resulted from accident, abuse, misapplication, abnormal use, a virus, or use after an upgrade was made available to you. EXCEPT AS PROVIDED ABOVE, THE PRODUCT IS PROVIDED TO THE USER “AS IS”. DESKGATE DOES NOT WARRANT THAT THE SPECIFICATIONS OR FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. DESKGATE DOES NOT WARRANT THAT THE PRODUCTS WILL WORK WITH THIRD-PARTY PRODUCTS. FURTHERMORE, DESKGATE DOES NOT WARRANT THAT THE PRODUCTS OR SPECIFICALLY DESIGNED VERSIONS THEREOF WILL CONTINUE TO BE AVAILABLE THROUGH THIRD-PARTY ONLINE STORES OR MARKETS OR FOR SPECIFIC DEVICES MANUFACTURED BY THIRD PARTIES. 11. LIMITATION OF LIABILITY: Unless otherwise provided herein, DeskGate shall be liable in case of breach of contractual and non-contractual obligations as provided for under applicable law. DeskGate shall be liable for damages - for whatever legal reason - only in case of intent or gross negligence. Moreover, DeskGate shall be liable for damages to commercial users also in case of simple negligence resulting in injury to life, body or health or resulting in breach of an essential contractual obligation; in that case, however, liability shall be limited to replacement of the foreseeable, typical damage. The above limitations of liability shall not apply if DeskGate has maliciously concealed a defect or has assumed liability for the condition of the goods. The same shall apply to your claims under the Product Liability Act. You may terminate or rescind this EULA due to breach of obligation that does not constitute a defect only if DeskGate is responsible for such breach of obligation. Any other ordinary right of termination in excess of that shall be excluded for you. 12. INDEMNIFICATION. You agree to indemnify and hold DeskGate, its parent, partner, or subsidiary organizations, officers, agents and employees, harmless from any claim, loss, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your breach of any provision of this EULA, your negligent or wrongful acts, and/or your violation of any applicable laws. 13. ENTIRE AGREEMENT. This EULA (as may be amended by time to time) is the entire agreement between you and DeskGate relating to the Product and the Support services (if relevant) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or Support services. 14. GOVERNING LAW. This EULA shall be governed by the laws of Turkey. DeskGate and you consent to the exclusive jurisdiction of the courts located in Ankara, Turkey. 15. U.S. GOVERNMENT RIGHTS. If you are obtaining software on behalf of any part of the United States Government, the software and any documentation shall be deemed "commercial software" and "commercial computer software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR 12.212 and 52.227-19, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the software shall be governed solely by the terms of this EULA shall be prohibited except to the extent expressly permitted by the terms of this EULA. 16. MISCELLANEOUS. (i) In the event this EULA is found illegal, invalid or unenforceable, in part (or part of any provision), you and DeskGate shall agree on a provision that best reflects the respective clause and that is legal, valid and enforceable; (ii) nothing in this EULA, express or implied, is intended to, or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever; (iii) you may assign, pledge or otherwise transfer this agreement, or any rights or obligations hereunder to a third party only with DeskGate’s prior written approval; and (iv) paragraph headings are for convenience and shall have no effect or interpretation. 17. NOTICES. All notices must be made in writing, and an email shall be sufficient. All notices must be addressed to: USA Richard’s Ave. 3rd FL Norwalk, CT 06854 Phone: +1-646-480-0600 USA Email: firstname.lastname@example.org Copyright © 2012 DeskGate GmbH. All rights reserved. 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User license agreement ("EULA")