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Zimbra End User Terms

1. This Agreement does not permit Customer or any third party to:

  • sublicense, rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the Network Software;
  • copy the Network Software (other than as expressly provided herein);
  • remove any proprietary markings, copyright, notices, logos, trademarks, trade names or labels on the Network Software and/or Documentation; provided, however, that Customer may replace the Zimbra logo in the Client Side Software with Customer’s logo but only for use with the Network Software;
  • use the embedded database software as a general SQL server, as a stand-alone database or with applications other than the Network Software;
  • use the Server Side Software on any computer not controlled by the Licensee; or
  • allow any third party, other than Licensee’s End Users to use the Network Software.

2. Only a personal, non-transferable, and non-exclusive license to use the Licensee Service for such Customer’s internal business via the Client Side Software. Customer may not use the Network Software to provide more Seats than the number for which Customer is licensed.

3. Zimbra, as In-Tuition's licensor, retains all right, title and interest, including any Intellectual Property Rights, in and to the Network Software and all portions thereof, and no title to the Network Software, or any Intellectual Property Rights in the Network Software, is transferred to such Customer.

4. The Customer shall comply with all applicable laws for the Network Software, including without limitation, export and re-export restrictions and regulations of the Department of Commerce or other United States agency or authority.

5. LICENSEE AND ITS LICENSORS DISCLAIM, AND EXCLUDE ALL WARRANTIES WITH RESPECT TO THE NETWORK SOFTWARE AND THE THIRD-PARTY SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE NETWORK SOFTWARE AND THE THIRD-PARTY SOFTWARE ARE PROVIDED “AS-IS” AND LICENSEE AND ITS LICENSORS DO NOT WARRANT THAT THE NETWORK SOFTWARE OR THE THIRD-PARTY SOFTWARE WILL MEET ANY OR ALL OF CUSTOMER’S NEEDS OR REQUIREMENTS, THAT THE NETWORK SOFTWARE IS ERROR-FREE OR THAT ALL ERRORS IN THE NETWORK SOFTWARE WILL BE CORRECTED OR THAT THE FUNCTIONALITY OF THE NETWORK SOFTWARE WILL BE UNINTERRUPTED.

6. LICENSEE’S LICENSORS SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES, RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF CONTENT OR LOSS OF DATA, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF LICENSEE’S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

7. IN NO EVENT SHALL LICENSEE’S LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES.




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