Important: Before you begin any use of the Software Products listed below, please read carefully the terms and conditions of use contained in the Agreement. Any commencement of use of the Software Products constitutes proper conclusion of the Agreement and your acceptance of all its terms and conditions. If You do not unconditionally accept the terms of the Agreement, You may not use the Software Products.
This license agreement (hereinafter referred to as the “Agreement”) defines the terms and conditions under which IBC Lab Limited Liability Company (hereinafter referred to as “IBC Lab”) grants you the right to use the TEGU EMAIL SERVER / TEGU PROFESSIONAL EMAIL SERVER / TEGU ENTERPRISE EMAIL SERVER (hereinafter referred to as the “Software Product”) under a simple (non-exclusive) license. The Agreement is concluded in a simplified procedure and is recognized as proper to the extent that the legislation of the Russian Federation allows such conclusion of an agreement on the transfer of rights to use computer programs (paragraph 5 of Article 1286 of the Civil Code of the Russian Federation). The agreement is valid if you are an individual or a legal entity that has acquired the copies of the Software Product that have been lawfully introduced into the civil turnover by “MBK Lab” or with its consent by third parties. In this case, you and IBC Lab are the proper parties to the Agreement (hereinafter referred to as the “Parties”).
BY DOWNLOADING OR INSTALLING, REPRODUCING OR OTHERWISE USING THE SOFTWARE DEFINED IN THE AGREEMENT, YOU CERTIFY THAT YOU HAVE BEGUN TO USE THE SOFTWARE, WHICH MEANS THAT YOU AGREE TO ALL TERMS AND DEFINITIONS AND THE TERMS OF THE AGREEMENT.
If you are a purchaser of copies of the computer programs defined in the Agreement and you do not agree to the terms of the Agreement, you agree to promptly return unused copies and delete all copies of the computer programs defined in the Agreement from the memory of your computer and other storage media. Unauthorized use (i.e. use without observing or exceeding the scope of the granted rights) shall entail liability in accordance with the applicable laws of the Russian Federation.
If you agree with the terms of the Agreement, IBC Lab grants you the rights to use the Software Product in accordance with the following:
1. TERMS AND DEFINITIONS
1.1 Software products – computer programs – TEGU EMAIL SERVER (certificate of state registration of the computer program No. 2020661802 from 01.10.2020)/ TEGU PROFESSIONAL EMAIL SERVER (certificate of state registration of the computer program No. 2021615081 from 02.04. 2021) / POST SERVER TEGU ENTERPRISE (certificate of state registration of the program for computer №2021615403 from 07.04.2021), representing in an objective form a set of data and commands designed to send, receive, store and deliver e-mails.
1.2 A copy of the Software Product is a copy of the Software Product transmitted via the Internet, the right to use which is granted to You by the terms of this Agreement.
1.3 Object code is the result of the compiler processing of the source code. 1.4. Source code is the result of the compiler processing of the source code.
1.4 Source Code – the text of a computer program in a programming language. 1.5. Modification – the text of a computer program in a programming language.
1.5. Modification – any changes to the Software Product and its Components that do not cover changes made solely for the purpose of ensuring the operation of the Software Product on the computers owned by You.
1.6. Update – a computer program designed to modify the Software Product and (or) its Components in order to correct errors and (or) improve their functionality.
1.7. Software Product License Key – a technical means of protection, an alphanumeric code required to start using the Software Product after installation.
1.8. Mailbox – an entity (virtual object) of the mail server intended for receiving, storing and sending e-mails by the user, defined by its address consisting of two parts: user name (login) and Internet domain name, which are separated by a special symbol @ (user_name@<domain_name).
1.9 The Website is a set of web pages placed in the Internet, accessible at www.mbk-lab.ru.
1.10. Right holder – Limited Liability Company “IBC Laboratory”.
1.11. Commercial Agreement – an agreement that defines the commercial terms and conditions of providing copies of the Software and/or rights to use it.
terms of providing copies and/or rights to use the Software Products, including the remuneration to be paid and License terms (name of the software product, term of validity, territory of use, scope of transferred rights). This Agreement is an integral part of the Commercial Agreement.
1.12. Other terms and definitions may be used in this Agreement that are not specified in cl.
definitions not specified in clause 1. of the Agreement. In this case, such term shall be interpreted in accordance with the text of the Agreement. If there is no unambiguous interpretation of a term or definition in the text of the Agreement, its interpretation shall be guided by the interpretation determined by: first of all, by the Commercial Contract, secondly, by the applicable legislation, and subsequently, by business customs and scientific doctrine.
2. SCOPE OF THE AGREEMENT
2.1 The Agreement defines the terms and conditions under which “MBK Lab” grants you the right to use the TEGU/ TEGU PROFESSIONAL/ TEGU ENTERPRISE mail server under a simple (non-exclusive) license.
2.2 This Agreement also applies to all subsequent updates/new versions of the Software Products. Installation of updates/new versions of the Software Products means that the User accepts the terms and conditions of this Agreement for the respective updates/new versions of the Software Products, unless the update/installation of a new version of the Software Products is accompanied by a different license agreement.
2.3 The composition and terms of technical support provided by IBC Lab are defined by separate agreements between You and IBC Lab.
3. TERMS OF USE OF THE SOFTWARE PRODUCT
3.1 Under this Agreement, You acquire the right to use the Software Product under a simple (non-exclusive) license for its functional purpose.
3.2.You are granted the right to:
3.2.1.Install and use a copy of the Software Product, by reproduction, limited by the right to install, copy and run on one or more computers (virtual machines), with the number of mailboxes not exceeding the number specified in the documents for the purchase of a copy of the Software Product.
3.2.2 The rights not expressly stated in the Agreement shall be deemed not granted.
3.2.3 At the end of the period of granting the rights of use, You should delete the installed copies of the Software Product, the archived copy of the Software Product, if any, or purchase the right to use the Software Product for a new term.
3.3 You are not granted the right to:
3.3.1. Allow third parties to use the Software Product or its components on local or Internet-connected computers, except in cases specifically provided for in the documents for acquiring the right to use the Software Product.
3.3.2 Perform actions aimed at removal of restrictions on the use of the Software Product established by technical means of copyright protection.
3.3.3 Delete or change the copyright information on the Software Product.
3.3.4. Transfer the right to use the Software Product acquired under the Agreement to third parties without the written consent of IBC Lab.
3.3.5. to convert the object code of the Software Product into the source code.
3.4. IBC Lab may change this End User License Agreement or any of its components by updating it at www.mbk-lab.ru. Changes to the End User License Agreement apply to all rights to use the Software Product that are purchased or renewed after the date of the change.
4. LICENSES, THEIR TYPES, EXPIRATION DATES AND SPECIFICS OF USE.
4.1 Test license (NFR )
The test license is intended for familiarization with the TEGU Professional or TEGU Enterprise software products on your own equipment (on-premise).
The test license is free of charge, one time, for a period of 30 days.
During the validity period of the test license, technical support is also available to you via support@mbk-lab.ru.
A test license cannot be granted if:
-the test license is already in use;
– a test license has been previously issued to you.
Installing an NFR license means that you accept all the terms and conditions of the Agreement. Upon expiration of the established term of use of the NFR license You are obliged to stop its use, or to conclude a commercial agreement or otherwise continue the lawful use of the Software Products. IBC Lab is not responsible for the safety of the data recorded by You while using the NFR license in case You do not continue to use the Software Products on the basis of another type of License after the expiration of the established term of its use.
The end user under this type of license may be an individual or a legal entity.
4.2 Free License (FREEWARE)
Under the free license FREEWARE IBC Lab offers the Software Product TEGU mail server. The software product and its components can be used free of charge, without license fee, for an unlimited period of time.
Commercial distribution of the software product is prohibited.
The Software Product is delivered “as is”.
The right holder does not guarantee that the functions contained in the program will meet the stated requirements.
The copyright holder intentionally disclaims all warranties stated in writing and implied by default, including limitations on the application of warranties after a certain period of time and the merchantability of the product.
In no event shall the copyright holder be liable to the user or responsible for any damages, physical or commercial, caused by this program, including lost profits, loss of data, damage to reputation, or other incidental or consequential damages arising out of the use or inability to use this program. Claims for any other proprietary claims of the user of the program are also excluded.
The Program may be included in paid collections, the Program may be used by placing the source code and/or modified code in paid or free collections, transferred to third parties, placed on sites other than the site of the right holder only with the written permission of the right holder.
All exclusive copyrights for the program belong to the copyright holder.
The program may not be disassembled (converted source code, object file or library modules), changed or supplemented with new functions.
When distributing the program, the name of the copyright holder, his contact information and the copyright holder’s website must be indicated.
The end user under this type of licensing can be an individual or a legal entity.
4.3.Standard license
Standard licenses mean licenses for the right to use the Software Products Tegu Professional Mail Server and Tegu Enterprise Mail Server provided for a fee and under the terms and conditions of this license agreement. The amount of remuneration, term and terms of delivery are regulated by separate commercial contracts concluded by you for the purchase of these Software Products.
The end user under this type of licensing may be individuals or legal entities.
4.4 Cloud Service Provider License (SAAS)
Cloud Service Provider License is a license for the right to use the Software Products Tegu Mail Server Professional and Tegu Mail Server Enterprise provided to a cloud provider for further use in the organization of its own cloud services. Cloud provider means a provider of services based on cloud computing using virtual capacities such as servers, storage systems, etc. A cloud provider provides users with remote access to a program without making copies of the program for them and without writing the program to the users’ computer memory. The cloud provider does not transfer to the user neither the original nor the copy of the software products, it only provides remote access to the copy created by it when recording the software products on its server.
The amount of the license fee, validity period, territory of use, terms of delivery are determined by separate commercial contracts concluded by you (cloud provider) for the purchase of licenses for cloud service providers.
The end user in this type of licensing is a legal entity providing services as a cloud provider.
4.5 License for Independent Software Vendors (ISV)
Independent Software Vendor License is a license for the right to use the Software Products Tegu Professional Mail Server and Tegu Enterprise Mail Server provided to an independent software vendor (hereinafter referred to as ISV-partner) for its further use in creating its own unified solution that includes the software product of the right holder as a component with the possibility to add basic and significant functionality.
The ISV-partner may use the right holder’s software products only with the Unified Solution for which they were purchased and which was agreed with the right holder before the purchase of this type of license.
The ISV-Partner may not use the Right Holder’s software products to run any other applications, as well as in any other context independent of the Unified Solution for which it was purchased.
The Rights Holder does not provide ISV-Partner with technical support under ISV-Licenses and also disclaims warranty obligations. The ISV-partner relies on its own competences and experience in using the right holder’s ISV-licenses.
The right holder intentionally disclaims all warranty obligations stated in writing and assumed by default, including limitations on the application of warranty obligations after a certain period of time and the marketability of the single solution.
The amount of the license fee, term of validity, territory of use, terms of use and delivery are governed by separate commercial agreements entered into by you (ISV partner) for the purchase of licenses for independent software vendors.
The end user in this type of licensing is a legal entity that is an independent software vendor, ISV-partner of the right holder.
5. WARRANTY OBLIGATIONS
5.1 The Parties guarantee that they have the rights to conclude and execute the Agreement. When performing the obligations arising from the Agreement, the Parties undertake not to violate the rights of each other and the rights of third parties.
5.2. “MBK Lab” guarantees that at the moment of the Agreement coming into effect it is the owner of exclusive rights to the Software Product.
5.3. “MBK Lab” guarantees the operation of the Software Product in accordance with the description set forth in the documentation only if you use the recommended system hardware architecture and operating system. The list of recommended system architectures and operating systems is published at www.mbk-lab.ru.
5.4 The Software Product is provided on an “as is” (AS IS) basis: “MBK Lab” does not provide any warranty that the Software Product will meet specific purposes and expectations other than the stated functional characteristics, nor does it provide any other warranties not expressly stated in this Agreement. You assume responsibility for selecting the Software Product to achieve the desired results and for the results obtained from its use.
5.5 To the maximum extent permitted by applicable law, the Licensor shall not be liable for any direct or indirect consequences of any use or inability to use the Computer Program and/or damage caused to the User and/or third parties as a result of any use or non-use of the Computer Program, including due to possible errors or failures in the operation of the Computer Program.
5.6. You agree that you bear the risk in connection with:
5.6.1. with the selection and use of the Software Product in Your own business activities for its functional purpose.
5.6.2. with making any changes developed by You or on Your behalf by third parties to the Software Product and its Components.
5.6.3. with the use of Updates provided by third parties.
6. AMOUNT OF REMUNERATION AND TERM OF TRANSFER
6.1 The amount of remuneration, if any, for the right to use the Software Product is contained in the documents for the purchase of a copy of the Software Product.
6.2 The rights to use the Software Product are transferred to You for a period of time determined by the purchase documents and calculated from the moment of the lawful purchase of the copy, but not exceeding the term of validity of the exclusive right to the Software Product.
7. CONFIDENTIALITY
7.1 The Parties undertake to take measures to prevent accidental or deliberate disclosure to third parties of information, the confidentiality of which the Parties have specifically notified each other. The Parties shall take all necessary measures to prevent full or partial disclosure of the said information or familiarization of third parties with it without mutual written agreement.
7.2 The Parties’ obligations regarding confidentiality of information shall not apply to publicly available information, as well as to cases when disclosure of any information is mandatory due to legal requirements.
8. LIABILITY OF THE PARTIES
8.1. In case a third party makes any claims or suits against You due to violation of the rights of this party in connection with the use of the Software Product under the terms of the Agreement, You undertake to inform IBC Lab immediately.
8.2 If you become aware of any information indicating infringement of the copyright of “MBK Lab”, please send this information to the following address: support@mbk-lab.ru.
8.3. If liability for non-fulfillment or improper fulfillment by the Parties of their obligations is not defined by the Agreement, it shall be established in accordance with the current legislation of the Russian Federation.
8.4 In case of force majeure circumstances in which the Parties acting with reasonable diligence, for reasons beyond their control, are unable to fulfill their obligations properly, the deadlines for fulfillment of obligations shall be extended for the time during which such circumstances are in effect.
8.5 A Party shall be released from liability for failure to fulfill or improper fulfillment of obligations if it proves that proper fulfillment of obligations was impossible due to force majeure, provided that it immediately notified the other Party of such circumstances and their impact on the fulfillment of obligations arising from the Agreement.
8.6. You shall be liable for any breach of obligations established by this Agreement and (or) applicable law, as well as for all consequences of such breaches, including any losses that may be incurred by the Rights Holder and other third parties.
8.7 The Licensor reserves the right to prosecute infringers of the following
Exclusive Rights to the Software Products in accordance with civil, administrative and criminal laws at its own discretion.
9. TERMINATION OF THE AGREEMENT
“IBC Lab” may unilaterally withdraw from the Agreement if You use the Software Product for purposes and/or in ways not provided for in the Agreement.
10. DISPUTE RESOLUTION PROCEDURE
10.1 The law to be applied to the rights and obligations of the Parties under the Agreement is the law of the Russian Federation.
10.2 All disputes, disagreements or claims arising out of or in connection with this Agreement shall be resolved through negotiations between the Parties.
10.3 If the Parties’ negotiations are unsuccessful, the dispute shall be referred to the Arbitration Court of Sevastopol.
10.4 In case of reorganization of one of the Parties, the rights and obligations of this Party under the Agreement shall be transferred to its legal successors. In case of liquidation of one of the Parties or its legal successors, to which the rights and obligations of this Party under the Agreement have been transferred, the Agreement shall be terminated.
10.5 In case a competent court recognizes any provision of this Agreement as invalid, the Agreement shall continue in force in the remaining part.
11. DETAILS OF THE RIGHT HOLDER
MBK Lab Ltd., Nikolai Muzyka str. 31 -11 , Sevastopol, 299007, Russia.