Reminder: Community Edition License Agreement

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Glenn Winokur

Reminder: Community Edition License Agreement

Postby Glenn Winokur » Tue Nov 22, 2005 9:16 pm

Hi Everyone.

I wanted to thank all of you who are active in posting forum feedback and questions, as this benefits the entire Scalix community. It is also (obviously) very helpful to us in evaluating what areas of the product require improvement. It has been quite gratifying to see from the forum and to hear from our users, that the Community Edition is getting widely deployed and used. And as you now know, the initial success we've had with the Community Edition, encouraged us to increase the number of Enterprise Users in the 9.4.2 release from 5 to 25.

A common question that we have received lately is whether Community Edition can be used as part of a commercial email service that is provided to others, e.g. by service providers. Per its license agreement, Community Edition is free software. We only ask that if you want to resell Community Edition or make it part of a revenue-generating service or product, that you contact us to discuss commercial arrangements. We have not formalized a specific pricing model for folks who want to use it in such a way - we want to first learn more from our early adopters on what they would like to see from us on this subject.

If helpful, I have included a copy of the Community Edition license agreement at the end of this note for your review.

In parting, I once again wanted to thank everyone for using Community Edition, to encourage people to continue providing feedback, and to tell others about Community Edition -- this will only help make it better.


Best Regards,


Glenn
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Scalix Community Edition License Agreement



This is a software license agreement between you, which means your organization, enterprise, or other association or you personally if you intend to use Scalix Community Edition personally (“You”) and Scalix Corporation (“Scalix”, “We”, or “Us”). Your acceptance of this license agreement is required before installing and using Scalix Community Edition.



No-Cost License



This license does not require that You pay anything to Scalix. Scalix grants to You a perpetual, non-exclusive, non-transferable royalty-free worldwide license to install and use Scalix Community Edition. You may install one instance of the Scalix Community Edition server component. Scalix Community Edition provides up to twenty-five “full functionality” Enterprise Edition user accounts, and an unlimited number of Community Edition accounts. You may configure and use such accounts as You wish.



Sharing Scalix Community Edition



You may not transfer this license agreement or Scalix Community Edition to others. If You wish to share Scalix Community Edition with friends or colleagues, please direct them to our website at www.scalix.com where they may obtain their own copy of Scalix Community Edition.



Reselling Scalix Community Edition



If You wish to resell Scalix Community Edition, or otherwise offer Scalix Community Edition to others or for others’ use for a fee of any sort, please contact Scalix Sales. You must contact Scalix and receive our approval prior to offering Scalix Community Edition to others for a fee.



Software Ownership; Software Protection



Your rights are defined in this license agreement. Scalix and its licensors retain all right, title, and interest, including all intellectual property rights, to Scalix Community Edition except as provided in this license agreement. You agree that You will not reverse engineer, translate, disassemble, decompile, modify, or otherwise derive the source code of Scalix Community Edition, nor will You attempt to do so or permit others to do so. You agree that you will not “hack” or otherwise attempt to modify the behavior of Scalix Community Edition for any reason. You agree that You will not remove or alter any copyright notices or other proprietary notices in Scalix Community Edition.



Intended for Your Lawful Use



Scalix Community Edition is intended for Your lawful use. You agree not to download, install, or use Scalix Community Edition if so doing would be a violation of applicable law. You agree not to publish performance benchmark results for Scalix Community Edition without our prior consent. You may seek such consent by contacting Scalix at info@scalix.com.



Support and Updates



If You encounter difficulties in installing or using Scalix Community Edition, We encourage You to visit our user forum at www.scalix.com/community/. We may from time to time offer support plans for our Community Edition users. We may also issue updates, patches, fixes, or enhancements to Scalix Community Edition, and such updates may alter the functionality of Scalix Community Edition. If You have opted to receive communications from Scalix, We will make reasonable efforts to promptly notify You of the availability of such updates.



Limited Warranty



Scalix warrants that, to the best of our knowledge, Scalix Community Edition does not contain any virus, trojan horse, worm, or other malicious code. Scalix must however expressly disclaim all other warranties, express, implied, or statutory, including any warranties of title, non-infringement, merchantability, fitness for a particular use, or arising from a course of dealing, course of performance, or usage of trade.



Indemnity



If You desire an indemnification agreement of any sort from Scalix, please contact Us to explore a purchase of Scalix Enterprise Edition at info@scalix.com.



Termination of this License Agreement



You may terminate this license agreement, including your rights and obligations contained herein, by uninstalling all instances of Scalix Community Edition and destroying any copy or backup of the software, the downloaded installation package, and any accompanying documentation. We may terminate this license agreement if You breach the terms of this agreement, or in the limited instance that a court of competent jurisdiction determines that Scalix Community Edition infringes the proprietary rights of a third party.



Limitation of Liability



In no circumstance will Scalix or its licensors have any liability to You or anyone claiming through You for any lost profits, lost data, equipment downtime, or for any indirect, incidental, special, or consequential damages in any way arising out of this license agreement or the installation or use of Scalix Community Edition.



U.S. Government Usage



If this license is acquired under a U.S. Government contract, use, duplication, and disclosure of Scalix Community Edition and any accompanying documentation by the U.S. Government is subject to restrictions set forth in this license agreement, which incorporates all applicable FAR provisions; without limitation, You agree that Scalix Community Edition is delivered as "commercial computer software" as defined in DFARS 252.227-7014 (June 1995) or as a "commercial item" as defined in FAR 2.101(a), or as "restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. If Scalix Community Edition is licensed for use in the performance of a U.S government prime contract or subcontract, You agree that Scalix Community Edition has been developed entirely at private expense. You agree that Scalix Community Edition is adequately marked when the restricted rights legend below is affixed to software or to its storage media and is perceptible directly or with the aid of a machine or device. You agree to conspicuously put the following legend on the Scalix Community Edition media with your name and address added below the notice:

RESTRICTED RIGHTS LEGEND



Use, duplication or disclosure is subject to Scalix’s and its licensors’ standard commercial license terms and for non-DOD Departments and Agencies of the U.S. Government, the restrictions as set forth in FAR 52.227-19(c)(1-2)(Jun 1987).



Scalix Corporation

1400 Fashion Island Blvd.

Suite 602

San Mateo, CA 94404



Copyright (c) 2005 Scalix Corporation. All Rights Reserved



Additional Required Terms



If You export, re-export or import Scalix Community Edition, You assume responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. If any provision of this license agreement is unenforceable, such provision will be changed to accomplish its objectives to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with this license agreement or Scalix Community Edition will be in San Mateo County, California if in state court, and in the Northern District of California if in Federal Court. Your and our respective rights and obligations under this license agreement shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended. This license agreement will be governed in all respects by the laws of the State of California, without application of its conflicts of laws principles, and without regard to the provisions of any state Uniform Computer Information Transactions Act or similar federal or state laws or regulations. You agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this license agreement.

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