This Stimulsoft, ("STIMULSOFT") Server License Agreement ("SLA") is a legal agreement between you ("CUSTOMER") and STIMULSOFT for STIMULSOFT BI SERVER identified above and including software, demos, intermediate files, media, printed materials, and "online" or electronic documentation ("SOFTWARE") contained in this installation file.
STIMULSOFT grants to CUSTOMER, a personal, nonexclusive license to install and use the SOFTWARE for the sole purposes of testing, creating, designing, and sharing reports, dashboards, and forms which CUSTOMER creates.
By installing, copying, or otherwise using the SOFTWARE, CUSTOMER agrees to be bound by the terms of this SLA. If CUSTOMER does not agree to any part of the terms of this SLA, DO NOT INSTALL, USE, DISTRIBUTE IN ANY MANNER, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE.
All SOFTWARE is licensed, not sold.
The license is perpetual. The license granted does not have an expiration date and continues indefinitely unless terminated by one of the parties according to the terms outlined in the agreement.
SOFTWARE is delivered as the installation package. Until activation, SOFTWARE operates as a trial version. After its activation, it operates as a registered version. Activation can be done using the credentials that will be sent after purchase. After applying the credentials, SOFTWARE will send a request to the Stimulsoft Activation Server and activate the software. SOFTWARE is activated on one particular server (computer) and is automatically linked to it after activation.
If CUSTOMER wants to transfer the installation to another server, CUSTOMER should deactivate the current server installation, and then activate the SOFTWARE on the new server.
SOFTWARE licensing depends on the number of creators. A creator is a person who has an account on the server, has access from the client-side, registered as an editor, and uses the product to work with report templates dashboards, and forms - create, edit, view, delete, etc.
A SOFTWARE user is a person who has an account on the server, is registered as a user, and uses the product to view rendered reports and dashboards.
SOFTWARE is delivered with a minimum package for 1 (one) creator. This means that 1 (one) creator can simultaneously be connected to the server and use a specific server installation.
If it is necessary to use our product for more creators, then it is possible to switch the current license to a license for a greater number of creators. For this, the CUSTOMER should pay the difference between the cost of the current license and the cost of the license the CUSTOMER wants to upgrade to.
CUSTOMER may not rent, lease, lend, copy, modify, sub-license, time-share, electronically transmit or receive the SOFTWARE, except as provided in this license, or as directed by STIMULSOFT. The source code of the SOFTWARE is not provided.
CUSTOMER may not reverse engineer, decompile, create derivative works, modify, translate, or disassemble the SOFTWARE, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. CUSTOMER agrees to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE or any of its constituent parts and redistributables to the fullest extent of all applicable local, US Codes and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.
CUSTOMER will indemnify and hold STIMULSOFT its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of CUSTOMER programs.
CUSTOMER may not use STIMULSOFT's or any of its suppliers' names, logos, or trademarks to market their programs without STIMULSOFT's permission.
CUSTOMER will indemnify and hold STIMULSOFT, its related companies, and its suppliers harmless from and against any claims or liabilities arising out of the use of the SOFTWARE.
CUSTOMER MAY NOT CREATE ANY TOOL OR SOFTWARE THAT DIRECTLY OR INDIRECTLY COMPETES WITH THE SOFTWARE WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE.
The SOFTWARE is licensed as a single PRODUCT. The SOFTWARE and its constituent parts may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by CUSTOMER. All STIMULSOFT libraries and other files remain STIMULSOFT exclusive property.
CUSTOMER may transfer all rights to use the SOFTWARE to another customer, provided that they transfer to that person all of the software and documentation provided in this package (including this license agreement), and transfer or destroy all copies in any form. Remember, once the SOFTWARE is transferred, CUSTOMER no longer have any right to use it, and the person to whom it is transferred may use it only in accordance with copyright law, international treaties, and this license.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, demos, intermediate files, packages, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE the accompanying printed materials, and any copies of the SOFTWARE) are owned by STIMULSOFT or its subsidiaries. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, CUSTOMER must treat the SOFTWARE like any other copyrighted material except that CUSTOMER may install the SOFTWARE on a single computer provided CUSTOMER keep the original solely for backup or archival purposes. CUSTOMER may not copy the printed materials accompanying the SOFTWARE. Therefore, CUSTOMER must treat the SOFTWARE like any other copyrighted material except that CUSTOMER may install the SOFTWARE provided CUSTOMER keeps the original solely for backup or archival purposes.
The SOFTWARE contains third party software which is subject to additional notices and terms and conditions. Such required third party software notices and additional terms and conditions are located at THIRD-PARTY.md and are made a part of the incorporated by reference into this LICENSE. CUSTOMER acknowledges and agrees that certain third-party software which is not incorporated into the SOFTWARE may be required in order for CUSTOMER to use or enjoy the full benefit of the SOFTWARE. CUSTOMER shall be fully responsible for obtaining a lawful copy of such software. CUSTOMER use of such separately acquired third party software shall be in accordance with any terms and conditions of the license agreement provided with such software.
Without prejudice to any other rights or remedies, STIMULSOFT will terminate this SLA upon CUSTOMER failure to comply with all the terms and conditions of this SLA. In such events, CUSTOMER must destroy all copies of the SOFTWARE and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE developed by CUSTOMER, whether in native, altered or compiled state.
NO WARRANTIES. STIMULSOFT expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH CUSTOMER. To the maximum extent permitted by applicable law, in no event shall STIMULSOFT be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE or the provision of or failure to provide Support Services, even if STIMULSOFT has been advised of the possibility of such damages.
STIMULSOFT may provide CUSTOMER with support services related to the SOFTWARE ("Support Services"). Use of Support Services is governed by the STIMULSOFT policies and programs described in the user manual, in "online" documentation and/or other STIMULSOFT-provided materials. Any supplemental SOFTWARE code provided to CUSTOMER as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this SLA. With respect to technical information CUSTOMER provide to STIMULSOFT as part of the Support Services, STIMULSOFT may use such information for its business purposes, including for SOFTWARE support and development. STIMULSOFT will not utilize such technical information in a form that personally identifies CUSTOMER.
This SLA may only be modified in writing signed by CUSTOMER and an authorized officer of STIMULSOFT. If any provision of this SLA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
CUSTOMER agrees and ascends to the adherence to all applicable international treaties regarding copyright and intellectual property rights which shall also apply. In addition, CUSTOMER, agrees that any local law(s) to the benefit and protection of STIMULSOFT ownership of, and interest in, its intellectual property and right of recovery for damages thereto will also apply. IF CONDITION OF THIS LICENSE DISAGREES WITH LOCAL LAW(S), THEN CUSTOMER CANNOT USE SOFTWARE.
STIMULSOFT reserves all rights in the SOFTWARE not specifically granted in this SLA.
This license is subject to change without notice in future updates to the SOFTWARE.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.