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iNODE ("Software") is a modular operating system made up of individual software components ("Software Programs"). It is a product consisting of Open Source Software (OSS) and proprietary iNODE software. Therefore, many of the Software Programs included in iNODE are Open Source-programs and are freely distributed under the respective Open Source licenses (GPL, BSD, etc.). This license applies solely to the proprietary iNODE software, whereas open source software are handled and distributed accordingly the respective Open Source licenses. Please review the terms and conditions of the license agreements that are listed in the annexed list of related links ("Related Links"). iNODE software is proprietary software distributed under the present Agreement.
iNODE is based on Linux operating system. For Software security reasons the operating system is not accessible by any shell environments. By installing the Software you are accepting that you can only use the Software functions and facilities AS IS and that you can manage, monitor or alter the Software functionality and operation only by the provided management interfaces.
This Software License Agreement ("License Agreement") is a legal agreement between the Licensee (either an individual or a single entity) and Dataways S.A ("Dataways") for the accompanying software product, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the "Software"). By installing, copying, or otherwise using the Software, the licensee agrees to be bound by the terms of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, do not install or use the Software. The acceptance of the present Agreement is a condition for the legitimate use the Software.
IT IS IMPORTANT THAT YOU (THE "LICENSEE") READ THIS NOTICE CAREFULLY. THESE ARE THE ONLY TERMS AND CONDITIONS APPLICABLE TO YOUR RIGHTS WITH RESPECT TO THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE PRODUCT IS LICENSED, NOT SOLD.
Software: As used in this Agreement the term Software, means collectively: (i) the Software product identified above, namely the proprietary iNODE software and not the Open Source-programs that are distributed under the relevant Open Source licenses (ii) all contents of the disk(s), CD-ROM, electronic mail, attached files or other media with which this Agreement is provided, including the object code form of the Software, derived via CD-ROM, electronic mail or Web page, (iii) digital images, stock images, stock photographs, clip art or any artistic works ("Stock Files") (iv) related explanatory written materials and any other possible explanatory documentation related thereto ("Documentation") (v) fonts (vi) upgrades, modified version, updates, additions and copies of the Software ("collective Updates"), if any licensed by this Agreement.
Dataways hereby grants to Licensee a personal, non-exclusive, non-transferable license (a "License") to use one (1) copy of the Software (hereafter "Installation of the Software"), and accompanying documentation, if any, provided by Dataways, according to the terms set forth below.
If the Software is being provided to Licensee as an update or upgrade to software which Licensee has previously licensed (such software referred to as the "Prior Software"), then Licensee agrees to destroy all copies of the Prior Software within thirty (30) days after opening this package except for one backup copy of the Prior Software.
By purchasing the basic version of the Software the licensee is granted the right to use only this version. The right to use any additional service of the program is granted by the purchase of the corresponding hard lock, which activates the use of this additional service. In no event is the licensee allowed to activate any services without the corresponding License. The legally acquired licenses will be annexed in the present Agreement and shall constitute integral part of the present.
The License of the Software allows the Licensee to use it by sharing its services to an environment of multiple users. Dataways grants to Licensee to use the Software to a specific number of users. The number of users must be specified on the time of initial purchase of the Software.
During the initial purchase of the Software a Licensee is obliged to purchase a support contract for it.
The licensee may NOT:
This agreement will remain in effect, unless terminated as set forth in this Section. The Licensee may terminate this Agreement at any time upon thirty (30) days prior written notice to Dataways. All the provisions of the present are considered material. Dataways may terminate this Agreement immediately if the Licensee defaults in the performance of any provision of this Agreement. Upon the termination of this Agreement, the rights and licenses granted to the Licensee pursuant to this Agreement will automatically cease and the Licensee will be obliged to return to Dataways the Software and any existing copies thereof without having any refund rights for the sums paid at the effective date of this agreement.
THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. NEITHER Dataways NOR THEIR APPOINTED DEALERS, SUPPLIERS OR LICENSEES SHALL HAVE ANY LIABILITY TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. Dataways IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO THE USER AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY THE USER FOR Dataways iNODE SOFTWARE.
The licensee is obliged not to use the software in a way that is contrary to the current laws and regulations. In no event is Dataways responsible for any such violation by the Licensee.
This Software and its source code are proprietary products of Dataways. All title and copyrights in and to the Software and any copies thereof are owned by Dataways. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Software is licensed not sold, therefore the licensee acquires only the right to use the Software and does not acquire any rights to express or implied, in the Software other than those specified in this License.
In order to have the right to update or upgrade the Software to the a newer version ("Upgrade" license) all of the following conditions should be true: (a) you must have a valid license for the Prior Software for this License Agreement to be valid, and this License Agreement must be used to replace such license for the Prior Software, (b) Support contract must be active for the Installation of the Software.
Support services provided by Dataways ("Support") is the effort to keep the Software free from any known defects and to make it operational in a common sense normal conditions. Any new version (update, patch or upgrade) of the Software will be available to the Licensee with an active Support contract. Dataways is obliged to provide Support for the Software during an active Support contract ONLY. Support expiration date of the Software is available to the management interface of the Software. Support contract renewal requests should be directed to a preferred reseller before expiry date of the current support contract.
In case that a Licensee decides to renew the active support contract for a subset of existing services or a subset of licensed resources such as the number of users, it will lose access to the services or resources that decided to not include in the new support contract.
If the Software support contract is expired, Dataways grant to Licensee the License to continue the use of the Software as it is and at their own risk for any Software defects. If the Licensee decides to activate a support contract after an expiration of a Support contract it is obliged to pay all the fees for Support contract renewals starting from the date of previous Support contract expiration.
Grant of additional users to the Software is ONLY possible during an active Support contract in which case the cost of additional users should include the cost of Support contract of additional users. The cost of support contract of additional users will be proportional to the remaining time of the active Support contract.
Software "Support" consists of and is limited to the following services:
Software Support does not include: (a) installation, (b) configuration or (c) training for the use or the proper use of the Software. Also it does not include (d) any other type of support services that are not sourced by Software defect (e.g. administration services, hardware support services or network support services).
This Agreement, its annexes and the Open Source license agreements included in the "Related Links" set forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by both parties.
This Agreement and all other services provided by Dataways pursuant to this Agreement, may not be transferred, assigned or distributed without the prior written consent of Dataways. Any attempted transfer, assignment or distribution without Dataways' prior written consent shall terminate this Agreement and Dataways shall have no further obligation hereunder.
This agreement will be governed by Greek Law. Any action arising out of or related to the Agreement will be brought exclusively in the Courts of Thessaloniki, Greece.
