END-USER LICENSE AGREEMENT
eBank-IT! Online Pooled Funds Managing
Software
This END-USER LICENSE
AGREEMENT ("EULA") is a Legal Agreement between eBank-IT (hereinafter referred to as "Publisher") and [Purchasing
Company] (hereinafter referred to as "Licensee") stating the
terms that govern the use of the eBank-IT! Online Pooled Funds
Managing Software.
As the Licensee has purchased the Product following notification of the License, the Licensee agrees to be bound by the terms of this EULA. If the Licensee does not agree to the terms of this agreement, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. Instead, the Licensee must return the entire Product to the Publisher or reseller and a full refund of the purchase price will be prepared, if applicable. By proceeding with the software installation, the Licensee is confirming that he has purchased the product subject to this License and is bound by its provisions.
1.
Scope of Rights
a. License. The Publisher
hereby grants to the Licensee a perpetual, worldwide,
non-exclusive, non-transferable License to use the eBank-IT!
Online Pooled Funds Managing Software (hereinafter referred to
as "Program") subject to the Terms and Conditions of this
EULA.
b. Software Program Delivery and
Installation. Upon the Licensee's purchase of the Program, the
Publisher will install one (1) copy (unless otherwise
indicated under a valid volume license granted by the
Publisher) of the Program directly and exclusively onto a
banking server - located in central Europe - managed by the Publisher, and will deliver the
license code and administration access data to the Licensee.
The Publisher is also charged with the responsibility of
configuring the software settings, based on the Licensee's
customization requests, upon installation of the Program on the said banking server. UNDER THIS EULA THE PROGRAM WILL NOT BE
INSTALLED ON TO ANY SERVER OWNED AND OPERATED BY THE LICENSEE
AND ITS PARTNERS OR SUPPLIERS, BUT ON A SERVER EXCLUSIVELY
OWNED AND MANAGED BY THE PUBLISHER, UNLESS REQUESTED DIFFERENTLY
BY THE LICENSEE, BEFORE INITIAL INSTALLATION AND LICENSE
ACTIVATION, FOR IMPORTANT REASONS AND APPROVED AND AGREED TO
BY THE PUBLISHER IN WRITTEN FORM (see next section
"Server Location and Ownership - Exceptions"). UNDER
NO CIRCUMSTANCES WILL THE LICENSEE BE FURNISHED WITH NOR GRANTED ANY
SOURCE CODES OF THE PROGRAM. Only said license code and official
receipt of initial access data will serve as the Licensee's proof of purchase and
proof of license to use the Program, at no time limits or
expiry dates.
c. Server Location & Ownership - Exceptions. In case the
Licensee requires the Program to be installed on a server
owned and managed by the Licensee himself, or should the
Licensee require a server location different from Central
Europe, the Publisher will submit a corresponding proposal.
Any costs associated with the installation of the Program on a
server managed by the Licensee and/or with a server location
different from Central Europe are NOT included in the initial
license purchase. Additionally in such cases the Publisher can
not be held responsible and can not be made liable for any
support and/or hosting services. The publisher is fully exempt from all support and hosting services relating to hardware and software issues in cases where the Program has been installed on a server owned and/or managed by the
Licensee.
d.
Copies. The Licensee may not copy, alter or modify the
Program, nor give anyone permission to do so. The Licensee may
not decompile, disassemble, reverse engineer or attempt to
reconstruct or discover any of the Publisher's source codes,
underlying ideas, algorithms, trade secrets or other
proprietary information by any means whatsoever. THE LICENSEE
MAY NOT RESELL THE SOFTWARE OR TRANSFER FOR
VALUE, OR TRANSFER TO ANY ANOTHER COMPANY, EVEN IF SUCH
COMPANY MAY BE OWNED OR MANAGED BY THE SAME LICENSEE.
e. Rights and Ownership. The Publisher
reserves all rights not expressly granted to the Licensee in
this agreement. The Publisher owns the title, copyright, trade
secret rights, patents and other intellectual property rights
to the Program. The structure, organization and code of the
Program are the valuable trade secrets and confidential
information of the Publisher; as such, source codes and other
proprietary information will not be made accessible to the
Licensee. This Program is protected by law, including but not
limited to copyright laws,
and by international treaty provisions.
f. Term.
The License granted by the Publisher in this EULA is effective
until terminated. The Licensee may terminate it anytime by
informing the Publisher of his/her wish to discontinue usage
of the Program. The Publisher will then be in charge of
uninstalling the Program from the provided banking server. If
the Licensee fails to comply with any of the terms or
conditions of this EULA, this License will terminate.
g.
Protection and Security. The Licensee agrees to take all
reasonable measures to protect the Program, to ensure that no
unauthorized person has access to the Product, and that there
is no unauthorized duplication or distribution of the
Program.
2. Support Training, Support & Hosting
a. Software Training. The
Licensee is under obligation to undergo individual training on
the Program, with a one-time complete training session to be
provided by the Publisher as part of the License package. Such
training for the Licensee is a prerequisite for the
Publisher's proper delivery of support services to the
Licensee. The Licensee can either (i) personally go to the
Publisher's authorized representative/s in Spain for the
mandatory software training-with the Licensee shouldering
his/her own travel expenses; or (ii) receive the training in
another country of the Licensee's choice, provided that the
Licensee shoulders the travel and personnel costs of the
Publisher's authorized representative/s, who will be traveling
to the Licensee's preferred venue.
b. Support
Services. The Publisher
will provide free-of-charge support for the Program over
telephone (during regular business hours) or e-mail (24/7
support team) to the Licensee for a period of 180 days
from the date of Program installation and license key delivery. The Licensee is
responsible for telephone expenses or other communication
costs that may be associated with the support services. After
the specified 180-day period, the Licensee may claim ongoing support
services from the Publisher on a fee basis, at USD 79.00 per
month, payable for each 6 months support extension periods in
advance. In case of payment delays for support services of more than 2
months all further support services will be ceased by the
Publisher. In
such case any cost associated with subsequent support requests
will be charged on an hourly basis at USD 29.00 per hour.
c. Hosting. A period of 1 year hosting services is included
upon software installation and license key delivery to the
Licensee. After the spcified 1 year period, the Licensee may
claim an ongoing hosting service from the Publisher, at USD
49.00 per month, payable for each 12 months hosting services in advance,
unless the Program has been installed on a server owned and
managed by the Licensee. In case of payment delays for hosting
services of more than 3 months, the License will terminate.
3. Individual software
extensions
Software extensions in terms of
Licensee specific requests resulting in individual software
engineering, are liable for associated costs, to be covered by
the requesting licensee. eBank-IT offers 3 levels of
software engineering, i.e.
-
Free
level coding, at a rate of USD 0 per hour. This level only
includes such software extensions and programming which are
either deemed as imperative for an ongoing stable
maintenance of the Licensee's banking software operation, in
terms of data and system security and safety, or in terms of
essential bug fixing.
-
Non-exclusive level
coding, at a rate of USD 34.00 per hour. Chosing this level
the Licensee exclusively grants permission to eBank-IT to re-use and/or re-sell and/or re-distribute any
features and/or software extensions resulting from the
Licensee's request to any other Licensee.
-
Exclusive level coding, at
a rate of USD 76.00 per hour. Chosing this level all new
features and/or software extensions coded under this level
remain in the Licensee's exclusive right of use, and may not
be propagated and/or re-sold and/or re-distributed by eBank-IT to any other Licensee's.
Upon request for indivivual software extensions
the Licensee will receive a detailled quotation for review and
approval. eBank-IT will never invoice for any software
extensions without the Licensee's express acceptance of
said quotation.
4. Delay in payment for individual software
extensions
eBank-IT expressley points to the following consequences
until full payment, in case an invoice resulting from (3)
above remains unpaid, either in full or in parts, for more
than 4 weeks after invoice issue date:
-
Exclusion from all further
software updates
-
Exclusion from all server
monitoring and server safety services
-
Exclusion from all user
and admin support levels (eMail support & phone
support)
An ongoing delay in payment of further 8 weeks -
i.e. after a total period of 3 months - will result in license
termination.
5. License Terminations
Termination of this License shall be in addition to
and not in lieu of any other remedies available to the
Publisher.
In case of a license termination the Licensee may within 4
weeks apply for a "system transfer" of his banking
software, if applicable, to a server managed and operated
by the Licensee, at a one-time payment of USD 750. The
Licensee is under obligation to bring the required technical
infrastructure from his end, i.e. notably the purchase of a
suitable banking server, purchase and setup of a domain SSL
certificate, management of the domain transfer, etc. The Publisher
will provide a full list of requirements. Upon
system transfer the Publisher will under no circumstances
offer or grant any further or ongoing support services, hosting services or
individual software extensions for the license and installation transferred to the Licensee's
server.
6. Limited Warranty and
Disclaimer
The Publisher warrants that the
Program recorded on the associated media will perform
considerably in agreement for a period of thirty (30) days
from the date of the Publisher's installation of the Program
for the Licensee.
As to any defects-pertaining to
functionalities of the Program that vary explicitly and
substantially from the agreed-upon functionalities-discovered
within the 30-day period, the Publisher will replace the
Program with no charge to the Licensee, provided the Licensee
returns to the Publisher the product to be replaced along with
proof of purchase.
IN NO EVENT WILL THE PUBLISHER
BE RESPONSIBLE TO THE LICENSEE OR ANY PERSON OR ENTITY FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
SIMILAR DAMAGES, EVEN IF THE PUBLISHER HAS BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES.
7. Legal
Notice
eBank-IT does not offer any
banking or financial services in terms of a registered and
authorized finance entity, neither is eBank-IT itself a
registered finance institution. eBank-IT is solely a
provider of a specific software product branded as "eBank-IT!"
which enables the licensees and operators of said software to
produce an internet based "online banking system" accessible
to their respective clients in terms of online banking users,
whereby eBank-IT does not assume any liability for the
setup or business conduct of the licensee utilizing any eBank-IT software products. Albeit eBank-IT -
assuming proper registration and licensing - does not disallow
the deployment of their software products towards any company
or entity worldwide, eBank-IT expressely points out
that in most countries worldwide, the establishment and
operation of public financial services is required to be
registered and authorized at the appropriate authorities and
administrative bodies in the country of business
conduct.
This may also apply to the use and legal/governmental acceptance of public and/or private online banking software in specific countries. It underlies implicitly, the full legal responsibility of the Licensee to investigate and ascertain the legal permissibility of the eBank-IT! software, in all countries of the Licensee's business conduct.
8. Duty of Disclosure
Credit institutions and other payment providers, including payment systems and related technological service providers who receive details to carry out the transaction, may be obliged by state legislation of where they operate, or by agreements signed by this state, to provide information about the transaction to authorities or official bodies of other countries, either belonging or not belonging to the European Union, within the framework, to fight against the financing of terrorism, organized crime and the prevention of money
laundering.
9. Entire
Agreement
This EULA represents the entire
agreement between the Publisher and the Licensee. Any prior
representations or statements of undertaking how so ever made
are expressly terminated. No amendment or modification to this
EULA shall be valid unless it shall be in writing and signed
by an authorized representative of the Publisher.
We
reserve the right to revise this EULA at any time. Please
check back regularly to the EULA reference on our website
(www.ebank-it.com), to ascertain whether any changes have
occurred since you last reviewed this document.
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