EULA End-User License Agreement
This License Agreement applies to the different products/platforms provided by EMAILTREE AI S.A. on different environements, depending on the type of product/platform, such as https://knowledge.emailtree.ai, subdomains/accounts created on emailtree.com, emailtree.ai, https://shop.emailtree.com
This software, its entries, texts, definitions, graphics, and any other element included in the program, as well as all copies or derivative works of this software are protected by the Luxembourg copyright laws as well as by the European directives and international conventions and remain the property of EMAILTREE AI S.A. Luxembourg. You have the right to use this software but the company EMAILTREE AI S.A. has the rights and manufacturing secrets. Any usage of this software is subject to the terms of this License Agreement. This software can only be used by end-users in accordance with the terms of the License Agreement. Any use, copy, or redistribution of this software in contradiction with this License Agreement is expressly forbidden.
1. Limits of the License Agreement:
The company EMAILTREE AI S.A. authorizes the installation of the software on one or more servers (physical or virtual), according to the Customer’s needs, choices and agreement between parties. The installation of the software on the servers is performed by EMAILTREE AI S.A. or by its subcontractors/partners.
You are using a licensed software, but the software is not sold to you in any way. This license does not give you any ownership rights of the mentioned software.
The customer has the right to use the software with the possibility of transfer (sub-license) to its subcontractors.
Right of use and access guaranteed to the Customer and its subcontractors.
The material and/or intellectual property rights concerning this software are the property of EMAILTREE AI S.A. (especially the titles, source codes, programs, moral rights, any annexed documentation, texts, definitions, concepts), EXCEPT the third-party software licensed by the licensor with the right of license redistribution.
The software is protected under Luxembourg copyright laws as well as by European directives and international copyright conventions. All rights reserved. It may not, in whole or in part, be copied, photocopied, reproduced, translated or transposed in electronic or computerized format, or on any other support, including paper, even if it is without the prior written consent of EMAILTREE AI S.A, subject to short quotes made in accordance with articles of the intellectual property.
3. Responsibility of the end user:
In accordance with the articles of the intellectual property codes, you are prohibited to:
1)Copy, distribute, distribute, sell, rent, lend, assign or grant a license to use or operate all or part of this software by any means without the prior written consent of EMAILTREE AI S.A .;
2)Transfer all or part of this software to a network, a telephone line, or by any other electronic means;
3)Use or authorize a third party to use the elements included in the software, for commercial purposes, especially including the distribution of the additional elements only or with another product, through any distribution circuit, such as resellers and online distribution to networks without the prior written consent of EmailTree AI S.A.
5)Adapt or modify the software(s) or accompanying documentation;
6)Modify the source codes, create a product derived from this software, decompile, disassemble or reverse engineering of this software without the prior written consent of EMAILTREE AI S.A.
Any violation of the dispositions of this license agreement is, by its gravity, capable to justify compensation for the damage caused to EMAILTREE AI S.A., without prejudice to any type of legal proceedings under which the violations could occur, including criminal proceedings.
4. Software transfer:
If you transmit this software, you may do so only with the agreement of EMAILTREE AI S.A. The license terminates automatically if you transmit the software.
5. License period:
The SaaS license period shall run according to the contractual conditions.
6. End of license agreement:
This License Agreement is valid until terminated. The license agreement may end at any time if you destroy the software and its accompanying materials or if the terms of this agreement are not respected. EMAILTREE AI S.A. may choose to terminate this License Agreement at any time if you do not follow the terms and conditions. In this case, you must destroy the software and all the additional elements, after receiving the Agreement termination notification.
7. Warranty limits:
The software will be delivered with a functional warranty for the duration of the license agreement. The correction of any operating anomalies will be done remotely, within 48 working hours from the moment when the anomaly was notified to us by email.
8. Limits of Liability:
EMAILTREE AI S.A. (and its subsidiaries and/or branches) will not be responsible by any means for loss or damage occurred during the use of the software, such as customer loss, work stoppage, server shutdown or malfunction or any other commercial loss or damage.
9. Legal recourse:
You acknowledge that the company EMAILTREE AI S.A. would be prejudiced if the License Agreement terms are not strictly respected. You agree that the company EMAILTREE AI S.A. is entitled to use any adequate legal recourse in case of this License Agreement violation, in addition to other recourses that the company may exercise under applicable laws.
This License Agreement was written according to Luxembourg law. Any disagreement or dispute arising in connection with the interpretation or execution of this Agreement shall be the exclusive responsibility of the competent court of Luxembourg and will be referred just to the Luxembourg law.
This License Agreement can be amended, modified, or adapted only by a written document specifying the amendment, adaptation or alteration, agreed between the two parties.
I have read and understood the terms of this License Agreement and I agree to all the terms of the License Agreement specified here. I also agree that this License Agreement is the result of a complete and exclusive agreement between the company EMAILTREE AI S.A. and myself (or the company I represent), and this License Agreement applies to any agreement previously concluded between EMAILTREE AI S.A. and myself (or the company I represent).