08 Apr Beyondtrust Software License Agreement
10.9 Integration and modification. This agreement and the written documents referred to (including the decision) constitute the entire agreement of the parties and include all previous agreements or agreements, assurances or guarantees relating to the purpose of this agreement. The terms of this agreement replace the terms of an earlier contract between the parties in relation to the Software, on the date of entry into force, and must not be rebutted by evidence of prior, simultaneous or subsequent oral agreements between the parties, except that prior and still active software-related orders will be included in this agreement as orders by that reference. This contract may not be amended, amended or accepted by any of the parties to this agreement unless (a) by written agreement specifically referring to that agreement signed by the parties or (b) by the execution of a subsequent electronic agreement provided by BeyondTrust for the same software. The partner represents and acknowledges that it has not relied on any other assurances or guarantees other than those expressly stipulated in this agreement at the time of this agreement. THE PARTNER ACCEPTS THAT THE DEROGATORY OR ADDITIONAL CONDITIONS CONTAINED IN AN ORDER OR ANY OTHER WRITTEN NOTIFICATION OR DOCUMENT ISSUED BY THE PARTNER REGARDING THE SOFTWARE HAVE NO FORCE OR EFFECT. 5. Fees and payments. No fee is charged for the licence during the limited duration of the agreement. In the event that the partner decides to purchase a license for the software, the fees and fees set by BeyondTrust would be due by the partner to BeyondTrust.
In the event that the partner does not return and/or destroy all copies of the Software, the partner (a) accepts that it is responsible for paying a fee for the software based on BeyondTrust`s current pricing plan, and b) that the partner accepts BeyondTrust`s standard license agreement for the use of the Software. When you install a software update, logged-in users temporarily lose the connection to access sessions and the access console. Therefore, plan software updates for non-peak hours. However, if your update package contains only additional licenses, you can install the update without interrupting user connections. 4. duration; That`s the end of it. The duration of the agreement begins on the effective date and is continued for a period of one (1) year (“start period”), unless beyondTrust is terminated earlier. After its initial duration, this agreement is automatically extended by one (1) year, unless one of the parties terminates the contract as intended for that purpose.
BeyondTrust may terminate the Software license at any time for convenience after 30 days of written notification to the partner or immediately in the event of a violation of this Agreement. In addition to all other remedies, if BeyondTrust may, at its sole discretion, be in the form of law or equity, the partner must, at the end of the agreement, return the software, documentation, confidential information and all copies of it to BeyondTrust within five (5) days, or, at BeyondTrust`s request, destroy the same thing and certify in writing by a partnership agent that it was destroyed with the manner in which it was destroyed, as well as the date and time of such destruction. The provisions of Sections 4,5,6, 7, 8 9 and 10 (and any other provision that would, by any nature, extend beyond the duration of this agreement) are maintained beyond the end of this agreement. 2.2 The licensee cannot and must not allow third parties to directly or indirectly use (i) confidential information to create software or documentation similar to software or documentation; (ii) to impose, transfer, lease, lease, share or use the software in a service office contract or in favour of third parties; or (iii) copy, distribute, manufacture, customize works derived from, translate, locate, transport or otherwise edit.