End-user license agreement

This End User License Agreement ("EULA") applies to the Kopano Meet ("Software") and any related updates or patches to the Program regardless of how you, or the company or institution that you represent, ("Customer") might obtain such updates or patches. Certain updates or upgrades to the Software may be provided under an additional or replacement EULA to which separate agreement will be asked at that time.

1. License grant

OSS (Open Source Software) License Grant. Kopano, also on behalf of its licensors, grants to Customer a perpetual license to the OSS components of the Program pursuant to the GNU Affero General Public License v.3 ("AGPLv3"). This EULA does not limit rights under, or grant rights that supersede, the license terms that apply to any individual OSS component.

Kopano represents and warrants that if Customer is just adding application software that runs separately on top of any software that comes with the products or services provided by Kopano, without creating derivative works of such Kopano-provided software (which in the case of the AGPLv3 or the General Public License means a “Work based on the Program” as that term is defined in those respective licenses), then its proprietary software should not solely because of such non-derivative addition, be subject to any reciprocal open source licensing terms. This representation shall apply only if Customer timely informs Kopano about any planned 'adding', to provide Kopano with sufficient information to evaluate the legal implications. Should Kopano deem a planned 'adding' to constitute the creation of a derivative work, then the representation shall not apply in case Customer proceeds with such adding anyway.

Subject to the limitation of liability under article 4, Kopano will defend, indemnify and hold harmless Customer against any and all losses, damages, costs and expenses arising from any actual or claimed breach by Kopano of the above representations, including any third party claims in connection with any such breach, provided that in any third party’s claim, Kopano will cooperate with Customer and Kopano is provided the right to control the defense.

For the purpose of this representation and warranty, by means of example and without limitation, any software modules or packages licensed or distributed under any of the following licenses or distribution models will qualify as open source software:

  1. a) GNU’s General Public License or Lesser/Library GPL;
  2. b) the Artistic License;
  3. c) the Mozilla Public License;
  4. d) the Common Public License;
  5. e) the Sun Community Source License; and
  6. f) the Sun Industry Standards Source License.

A license is reciprocal if it requires as a condition of distribution or public performance of a work the making available of source code of original or derivative versions of that work.

CSS (Closed Source Software) License Grant. Kopano, also on behalf of its licensors, grants Customer a non-exclusive, non-transferable license to use the Kopano-'non-OSS' components (for example but not limited to: Kopano Windows Client, Kopano Active Directory® integration) during the term as defined in article 5.

No right, title or interest in or to any trademark, service mark, logo or trade name of Kopano and/or its licensors is granted under this Agreement. This Agreement grants Customer no rights to use any name, trade mark, service mark or logo of Kopano, including, but not limited to Kopano or Kopanoserver. Customer acknowledges that Kopano is the owner of the names Kopano, Kopanoserver and all associated trademarks, logos and icons.

2. License limitations Customer may not:

  • (a) modify, copy, or create any derivative works of the Closed Source Software features;
  • (b) decompile, disassemble or reverse engineer the Closed Source Software features (except to the extent permitted by applicable law);
  • (c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Closed Source Software features (except to the extent permitted herein); or
  • (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Closed Source Software features.

Unless enforcement is prohibited by applicable law, Customer may not modify, decompile, or reverse engineer the Closed Source Software parts of the Software. Customer acknowledges that the Software is not designed or intended for use in online aircraft control, aircrafts, aircraft navigation or aircraft communications; nor in the design, construction, operation or maintenance of any nuclear facility. Customer shall not use the Software for these purposes and Customer shall indemnify Kopano against any express or implied warranty of fitness for such uses.

3. Warranty

To the best of Kopano’s knowledge, Kopano warrants that it owns or has sufficient right, title, and interest in the Software to grant the licenses in this EULA. Otherwise, the Software is provided "AS IS". Customer's exclusive remedy and Kopano's entire liability under this limited warranty will be at Kopano's option to replace the Software media or refund the fee paid for the Software.

To the maximum extent permitted by law, Kopano and its suppliers disclaim all other warranties, representations and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the Software, and the provision of or failure to provide support services.

4. Limitation of liability

To the extent not prohibited by law, in no event will Kopano or its licensors be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use the Software or as a consequence of the provision of or failure to provide support services, even if Kopano has been advised of the possibility of such damages.

In no event will either party’s liability to the other, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by Customer for the Software under this EULA. The only exception to this limitation of liability is damage due to non-payment of the license fee by the Customer to Kopano.

The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. In any case, the total liability for Kopano due to any of the cases in this EULA is limited to the actual amount paid for the Software, or EUR 5,- if the latter amount is higher.

5, Term and termination

This Agreement is effective until terminated. Customer may terminate this Agreement at any time, by destroying all copies of the Software. This Agreement will terminate thirty (30) days after written notice from Kopano should Customer fail to comply with any provision of this Agreement and such failure is not cured within thirty (30) days after receiving notice. Upon termination, Customer shall destroy all copies of the Software.

If the Software is an evaluation version, the Agreement terminates automatically upon expiry of the evaluation term (which is 30 calendar days after installation unless indicated otherwise by Kopano).

6. Export regulations

All Software and technical data delivered under this Agreement may be subject to Dutch export control laws and may be subject to export or import regulations in other countries. Customer shall comply strictly with all such laws and regulations and acknowledge that it has the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to Customer.

7. Governing Law and jurisdiction

Any action related to this Agreement will be governed by Dutch law. The Dutch court of The Hague shall have exclusive jurisdiction.

No choice of law rules of any jurisdiction will apply.

8. Severability

If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

This Agreement is the entire agreement between Customer and Kopano relating to this subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgement, or other communication between the parties relating to the subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

9. Support provisions

If Customer purchased one or more blocks of support from Kopano or a partner, this shall entitle him to one support request of at most thirty (30) minutes for each block purchased. Support requests need to be created and handled by a Kopano Certified Administrator.

In case Customer has obtained support via a certified Kopano partner, the partner shall provide the support to Customer rather than Kopano. The partner can contact Kopano Support for assistance with installation, usage, problem diagnosis and bug fixes for the applicable Software. To access and use support, Customer or partner must provide Kopano with sufficient information to validate the support request. The level and scope of support is based on the edition, where in any case sufficient knowledge on groupware and Kopano in particular is required.