Scalix Community Edition License
This is a software license agreement between you, which means your organization, enterprise, or other association or you personally if you intend to use Scalix Community Edition personally ("You") and Scalix, Inc. ("Scalix", "We", or "Us"). Your acceptance of this license agreement is required before installing and using Scalix Community Edition.
No-Cost License & Limited Functionality
This license does not require that You pay anything to Scalix. Subject to Your full compliance with all of the terms and conditions of this Agreement, Scalix grants to You a non-exclusive, non-transferable royalty-free worldwide license to install and use the Scalix Community Edition solely with the Active Features (defined below). Scalix Community Edition provides up to five "full functionality" premium user accounts, and an unlimited number of standard user accounts. You may configure and use such accounts as You wish. Notwithstanding the foregoing, You acknowledge that certain features of the Scalix Community Edition may not be used without a Scalix Enterprise Edition or Scalix Small Business Edition license. For a list of the active features that You are permitted to use with the Scalix Community Edition license, please see http://www.scalix.com/enterprise/products/compare.php ("Active Features").
You agree that You shall not use any prohibited or non-licensed features ("Non-Active Features") without first entering into the appropriate license agreement with Scalix and using the license keys issued by Scalix required in order to access and use such Non-Active Features.
Sharing Scalix Community Edition
You may not distribute, transfer, assign, loan, lease, or otherwise make available the Scalix Software to any third party except in accordance with the terms hereof. If You wish to share Scalix Community Edition with others, You may do so provided that all of the terms of this license agreement are followed and accepted by others.
Reselling Scalix Community Edition
If You wish to resell Scalix Community Edition, or otherwise offer Scalix Community Edition to others or for others' use for a fee of any sort, please contact Scalix Sales at This email address is being protected from spambots. You need JavaScript enabled to view it.. You must contact Scalix and receive the prior written approval of Scalix prior to offering Scalix Community Edition to others for a fee.
Software Ownership; Software Protection
Your rights are defined in this license agreement. Except as otherwise provided herein, Scalix and its licensors retain all right, title, and interest in and to the Scalix Community Edition, including all intellectual property rights therein or relating thereto. You agree that You will not use any Non-Active Features of the Scalix Community Edition. You agree that You will not reverse engineer, translate, disassemble, decompile, modify, or otherwise derive the source code of Scalix Community Edition, nor will You attempt to do so or permit others to do so (except to the extent reverse engineering restrictions are expressly prohibited by applicable local law, and then only to the extent so prohibited or controlled). You agree that You will not "hack" or otherwise attempt to modify the behavior of Scalix Community Edition for any reason. You agree that You will not remove or alter any copyright notices or other proprietary notices in Scalix Community Edition or any documentation relating thereto.
From time to time Scalix may develop and release software or documentation intended for use with Scalix Enterprise Edition or Scalix Small Business Edition. You may not use nor attempt to use such software in conjunction with Scalix Community Edition. The Scalix Community Edition is intended for Your lawful use. You agree not to download, install, or use Scalix Community Edition if so doing would be a violation of applicable law. You agree not to publish performance benchmark results for Scalix Community Edition without Scalix's prior written consent. You may seek such consent by contacting Scalix at This email address is being protected from spambots. You need JavaScript enabled to view it..
Verification of Proper Usage and Remote Functionality
We expect that the vast majority of users of Scalix Community Edition will comply with the terms of this license agreement. However, in order to ensure that users are not wilfully violating any of the terms of this agreement, You agree to cooperate with Us and produce any records or other materials related to Your use of Scalix Community Edition upon our reasonable request. You acknowledge that the Scalix Community Edition includes features that will periodically send messages to Scalix with certain statistical and other information about Your usage, including, without limitation, the number of mailboxes You are using, Your version of the Scalix Community Edition, the operating system that You are using, and other hardware data. Each time that the Scalix Community Edition sends such a message to Scalix, Your system administrator will receive a copy of the message. You hereby grant Scalix a perpetual, irrevocable right to use the foregoing functionality to gather such information for aggregate, statistical and compliance purposes.
Support and Updates
If You encounter difficulties in installing or using Scalix Community Edition, We encourage You to visit our user forum at http://www.scalix.com/forums/. We may from time to time offer support plans for our Community Edition users. We may also issue updates, patches, fixes, or enhancements to Scalix Community Edition, and such updates may alter the functionality of Scalix Community Edition. If You have opted to receive communications from Scalix, We will make reasonable efforts to promptly notify You of the availability of such updates. You may upgrade to any new version of Scalix Community Edition during the term of this license agreement, provided that Scalix shall only provide support for the current version and one prior version.
Limited Warranty
Scalix warrants that, to the best of our knowledge, Scalix Community Edition does not contain any virus, Trojan horse, worm, or other malicious code. OTHER THAN THE FOREGOING WARRANTY, THE SCALIX COMMUNITY EDITION SOFTWARE IS PROVIDED "AS IS" AND SCALIX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
If You desire an indemnification agreement of any sort from Scalix, please contact Us to explore a purchase of Scalix Enterprise Edition or Scalix Small Business Edition at This email address is being protected from spambots. You need JavaScript enabled to view it.. Scalix does not provide any indemnities for the Scalix Community Edition.
Termination of this License Agreement
You may terminate this license agreement, including your rights and obligations contained herein, by uninstalling all instances of Scalix Community Edition and destroying any copy or backup of the Scalix Community Edition software, the downloaded installation package, and any accompanying documentation. Scalix may terminate this license agreement immediately if You breach the terms of this agreement, or in the event that a court of competent jurisdiction determines that Scalix Community Edition infringes the proprietary rights of a third party. Upon the termination of this Agreement for any reason, You shall cease all use of the Scalix Community Edition.
Limitation of Liability
IN NO CIRCUMSTANCE WILL SCALIX OR ITS LICENSORS HAVE ANY LIABILITY TO YOU OR ANYONE CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, IN ANY WAY ARISING OUT OF THIS LICENSE AGREEMENT OR THE INSTALLATION OR USE OF SCALIX COMMUNITY EDITION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF SCALIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SCALIX'S CUMULATIVE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED FIVE-HUNDRED DOLLARS ($500.00). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION IS AN ESSENTIAL ELEMENT OF THE BARGAIN AND ABSENT THIS SECTION THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
U.S. Government Usage
If this license is acquired under a U.S. Government contract, use, duplication, and disclosure of Scalix Community Edition and any accompanying documentation by the U.S. Government is subject to restrictions set forth in this license agreement, which incorporates all applicable FAR provisions; without limitation, You agree that Scalix Community Edition is delivered as "commercial computer software" as defined in DFARS 252.227-7014 (June 1995) or as a "commercial item" as defined in FAR 2.101(a), or as "restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. If Scalix Community Edition is licensed for use in the performance of a U.S government prime contract or subcontract, You agree that Scalix Community Edition has been developed entirely at private expense. You agree that Scalix Community Edition is adequately marked when the restricted rights legend below is affixed to software or to its storage media and is perceptible directly or with the aid of a machine or device. You agree to conspicuously put the following legend on the Scalix Community Edition media with your name and address added below the notice:
"RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure is subject to Scalix's and its licensors' standard commercial license terms and for non-DOD Departments and Agencies of the U.S. Government, the restrictions as set forth in FAR 52.227-19(c)(1-2)(Jun 1987).
Scalix, Inc. 149 Madison Avenue Suite 302 New York, NY 10016 USA. Copyright (c) 2007-2008 Scalix, Inc. All Rights Reserved."
Export
If You export, re-export or import Scalix Community Edition, You assume responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations.
Miscellaneous
This Agreement constitutes the complete agreement between the parties with respect to the use of the Scalix Community Edition software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. This Agreement may be amended only by a writing executed by a senior officer of Scalix. The failure of Scalix to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit Scalix's rights with respect to such breach or any subsequent breaches. Scalix expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. You may not assign, delegate or otherwise transfer (whether by operation of law or otherwise) this Agreement or any of Your rights or obligations hereunder without the prior written consent of Scalix. If any provision of this license agreement is unenforceable, such provision will be changed to accomplish its objectives to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with this license agreement or Scalix Community Edition will be in New York County, New York if in state court, and in the Southern District of New York if in Federal Court. Your and our respective rights and obligations under this license agreement shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended. This license agreement will be governed in all respects by the laws of the State of New York, without application of its conflicts of laws principles, and without regard to the provisions of any state Uniform Computer Information Transactions Act or similar federal or state laws or regulations. You agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this license agreement.
IF I AM DOWNLOADING THE SOFTWARE, THEN BY CLICKING BELOW, I AM INDICATING THAT I HAVE READ, UNDERSTOOD AND AM AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.