Squish Coco License Agreement Agreement version 2.0 This froglogic Squish Coco Commercial License Agreement ("Agreement") is made by and between froglogic GmbH ("froglogic"), and you (either an individual or a legal entity) ("Licensee") (froglogic and Licensee together as "Parties"). IMPORTANT - READ CAREFULLY: 1. froglogic developed and originated Squish Coco including source code, documentation and example programs ("Licensed Software"). The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. froglogic retains all rights not expressly granted. 2. By installing, copying, or otherwise using the Licensed Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree to the terms of this Agreement, Licensee must not install, copy, or otherwise use the Licensed Software. By installing, copying, or otherwise using any updates or other components of the Licensed Software that Licensee receives separately as part of the Licensed Software ("Updates"), Licensee agrees to be bound by any additional license terms that accompany such Updates. If Licensee does not agree to the additional license terms that accompany such Updates, Licensee may not install, copy, or otherwise use such Updates. 3. Upon Licensee's acceptance of the terms and conditions of this Agreement, froglogic grants Licensee the right to use the Licensed Software during the agreed validity period as set forth in the respective License Certificate ("License Term"), solely for Licensee's internal business purposes in the manner provided below. 4. Options (a) Evaluation License Licensee may use the Licensed Software for a limited time (evaluation period) to be determined and stated by froglogic, solely for the purpose of determining whether the Licensed Software meets Licensee's requirements. After the evaluation period has finished, Licensee must either: (i) discontinue use of the Licensed Software, (ii) acquire a commercial license (see section (b)), Licensee may not make commercial use of a derived work of the Licensed Software, under the scope of the evaluation license. (b) User Node-Locked Subscription Licensee may install and use the Licensed Software locally on one identified computer (Node), with the Node executing the Licensed Software for only one Authorized User. During the term of a paid-up and unexpired support agreement, Licensee may transfer a license certificate to another individual and Node after notification to and approval from froglogic, but not more often than once every 4 weeks, provided the future Licensee is employed or contracted by the same individual or legal entity as the initial Licensee. froglogic protects the personally identifiable information of the Authorized User under European data protection law. (c) Floating Subscription Licensee may install the Licensed Software on an unlimited number of its computers. All computers using the Licensed Software must have the ability to communicate with a license server. The number of Floating Users that may use a component of the Licensed Software concurrently at any time is limited by the number of Floating User Licenses purchased for such use, regardless of whether such use is by persons or computer systems. 5. Licensee may modify the Licensed Software except for altering or removing any details of ownership, copyright, trademark or other property rights connected with the Licensed Software. 6. Licensee may not distribute the Licensed Software, modified or unmodified, separately or as part of any software package or other product or service. 7. Upon expiry of the initially agreed License Term, the respective License Terms shall be automatically extended to one or more extensions of previous License Term as agreed between the Parties ("Renewal Term"), unless and until either Party notifies the other Party in writing, or any other method acceptable to froglogic, that it does not wish to continue the License Term, such notification to be provided to the other Party no less than thirty (30) days before expiry of the respective License Term. Unless otherwise agreed between the Parties, Renewal Term shall be of equal length with the initial License Term. Any such Renewal Term shall be subject to License Fees agreed between the Parties or, if no advance agreement exists, subject to froglogic standard pricing applicable at the commencement date of any such Renewal Term. Any price or other term specified for a Renewal Term shall be valid only for the specified time. PRIVACY 8. Licensee acknowledges and agrees that for the purpose of this agreement, froglogic may collect, use, transfer and disclose personal data pertaining to Users as well as any other employees and directors of the Licensee and its contractors relevant for carrying out the intent of this agreement. Such personal data may be collected from the Licensee or directly from the relevant individuals. The parties acknowledge that with regard to such personal data processed hereunder, froglogic shall be regarded as the Data Controller under the applicable data protection legislation. froglogic shall process any such personal data in accordance with its privacy policies and practices, which will comply with all applicable requirements of the General Data Protection Regulation (GDPR) and any national implementing laws and regulations. WARRANTY DISCLAIMER 9. The Licensed Software is licensed to Licensee "as is". To the maximum extent permitted by applicable law, froglogic on behalf of itself and its suppliers, disclaims all warranties and conditions, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with regard to the Licensed Software. LIMITATION OF LIABILITY 10. If, froglogic's warranty disclaimer notwithstanding, froglogic is held liable to Licensee, whether in contract, tort or any other legal theory, based on the Licensed Software, froglogic's entire liability to Licensee and Licensee's exclusive remedy shall be, at froglogic's option, either (A) return of the price Licensee paid for the Licensed Software, or (B) repair or replacement of the Licensed Software, provided Licensee returns to froglogic all copies of the Licensed Software as originally delivered to Licensee. froglogic shall not under any circumstances be liable to Licensee based on failure of the Licensed Software if the failure resulted, wholly or in part, from accident, abuse or misapplication, nor shall froglogic under any circumstances be liable for special damages, punitive or exemplary damages, damages for loss of profits or interruption of business or for loss or corruption of data. Any award of damages from froglogic to Licensee shall not exceed the total amount Licensee has paid to froglogic in connection with this Agreement. SUPPORT AND UPDATES 11. Licensee will be eligible to receive email based software support and access to Updates to the Licensed Software for the License Term, in accordance with froglogic's then current policies and procedures, if any. Such policies and procedures may be changed from time to time. Unless the Licensee and froglogic renew or extend the support and update agreement, the expiration of the original support and update term has the following effect: froglogic will not provide any support and update services; froglogic will not provide email support; loss of the Licensed Software is entirely at Licensee's risk, whether resulting from failure of hardware, media or backups or caused by other acts or omissions on Licensee's part; froglogic will not assist with, and will not approve and activate, reassignments of users or computers; and froglogic will not assist with the recovery of lost downloads of software or with late license activations. These consequences are mere illustrations; Licensee acknowledges that none of froglogic's obligations for support and updates continue after the expiration of a support and update agreement. GENERAL PROVISIONS 12. This Agreement may only be modified in writing signed by authorized representatives of Licensee and froglogic. In case of a conflict between this Agreement and the terms of any purchase order or other ordering document, this Agreement shall prevail. If any provision of this Agreement 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 this Agreement shall remain in effect. 13. This Agreement shall be construed, interpreted and governed by the jurisdiction and venue for the resolution of disputes resulting from, or in any way related to, this Agreement to be Hamburg, Germany. froglogic reserves all rights not specifically granted in this Agreement.
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