Software License and Warranty
These license terms (“License”) are an agreement between VQ Communications Ltd (“Licensor” or “VQ”) and You (“Licensee”).
This license applies to Acano Manager 2 (“Software”) either delivered through a Virtual Machine (VM) image or Windows Installer.
The terms also apply to
- Software Updates including any new features
- Support Services, when delivered by VQ’s support function
- Acano Manager Outlook plug-in
By installing or using the Software you represent that You have purchased the Software from VQ or a VQ approved reseller or are evaluating the Software and that You adhere to the terms of this agreement.
The Software subject to this agreement is licensed, not sold, to You. VQ reserves all rights not expressly granted to You. You may use the Software only as expressly permitted in this agreement or other agreements with VQ. In doing so, you must comply with any technical limitations in the Software that only allow You to use it in certain ways.
Scope of License
Subject to the terms of this Agreement, VQ grants You a non-exclusive, non-transferable license to install or use the Software in executable form only.
Free/Evaluation versions of the Software may not be used in production environments.
Specific functionality and License grant duration is controlled by the Software license file.
Installation and Backup
You may install and make copies of this Software on a reasonable number of devices to support your company’s Production, Back Up and Disaster Recovery processes only. Any copies shall: a) be kept in Your possession or control: b) include all titles, trademarks and copyright and restricted rights notices and be subject to this agreement. You may not otherwise copy the Software without VQ’s written prior consent.
The Software license requirement is driven by the licensed number of ports (720p/30fps) on the underlying Acano Call Bridge[s].
For each port licensed on the underlying Acano Call Bridge, a Software port license is required.
|Acano Call Bridge Type||Call Bridge Port Capacity|
You may enjoy a total of two separate occurrences in a month exceeding the total number of port licenses purchased by not greater than 20% without being required to buy additional licenses and without incurring any financial liability (“Allowable Burst”). If the Peak Aggregate Port Usage for a month exceeds the total quantity of port licenses specified, You will Purchase a number of additional Software licenses sufficient to cover the deficit within a period not to exceed 30 days after the end of the same month. “Peak Aggregate MCU Port Usage” is, for a given month, Customer’s highest recorded simultaneous aggregate port usage measured concurrently across all Acano Call Bridges or VMs.
Use of the Software requires sufficient available computational resource.
VQ reserves the right to request and You have an obligation to provide such data that demonstrates usage is within the permitted capacity under this license.
You may not:
- work around any technical limitations in the software;
- reverse engineer, decompile or disassemble the software, attempt to derive the source code of or modify the licensed software or permit third parties to do the same except and only to the extent that applicable law expressly permits, despite this limitation;
- make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
- publish the software for others to copy;
- rent, lease, lend or resell the software; or
- use the software for commercial software hosting services unless granted written authorisation by VQ.
You may install or use this version or an earlier version of the Software except with regard to the warranty, which will only apply to the current version. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. VQ is not obligated to supply earlier versions to you.
Consent to Use of Data
You agree that Licensor may request that you provide and subsequently use technical data and related information, including, but not limited to, technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Software. Licensor may use this information provided it does not personally identify You, to improve its products or to provide services or technologies to You. Licensor also reserves the right to request and you have an obligation to provide such data that demonstrates usage is within the terms of this License.
Termination and Breach
Either party may terminate this License if the other party materially breaches this License and does not cure such breach within thirty (30) days after receipt of notice of the breach.
Any provision of this License that contemplates performance or observance subsequent to termination or expiration of this License (including confidentiality, limitation of liability, indemnification provisions and perpetual licenses) will survive termination of this License, and continue in full force and effect thereafter.
Upon termination, You shall cease all use of the Software and delete any copies of the software.
The laws of England govern this License and Your Use of the Software. Your Use of the Software may also be subject to other local, state national or international laws.
Representations and Warranties; Disclaimer
VQ represents and warrants that the Software will substantially conform to its publicised specification.
You expressly acknowledge and agree that use of the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You. To the maximum extent permitted by applicable law, except as set forth in this License, the Software is provided “as is” and “as available”, with all faults and without warranty of any kind, and Licensor hereby disclaims all warranties and representations with respect to the Software, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Licensor does not warrant against interference with Your enjoyment of the Software, that the functions contained in, or services performed or provided by, the Software will meet your requirements, that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. No oral or written information or advice given by Licensor shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
Limitation of Liability
To the extent not prohibited by law, in no event shall Licensor be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, but not limited to, damages for loss of profits, loss of data, or business interruption, arising out of or related to your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You. In no event shall Licensor’s total liability to You for all direct damages (other than as may be required by applicable law in cases involving personal injury) exceed an amount equal to the amount You paid for the Software. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.