Software License Agreement

IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE BUYING, INSTALLING OR USING THE SOFTWARE.

This End-User License Agreement (“EULA”) is a legal agreement between you, as either an individual or a single entity, (“You”) and our company, Sugabyte Ltd, (“Sugabyte”, “we”, “us”) for the Sugabyte SugarCRM Enhancement for SugarCRM (“SSE”) software and services, as described on this website (https://sugabyte.com or https://shop.sugabyte.com). This license agreement represents the entire agreement concerning SSE, between You and Us, and it supersedes any prior proposal, representation, or understanding between the parties. If You do not agree to the terms of this EULA, do not download, install or use SSE. We have the right to modify this agreement at any time and at its sole discretion, without prior notice or communication. By downloading, installing or otherwise using SSE You agree to be bound to the latest terms and conditions set forth in this EULA.

SSE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your use of any SSE and any dispute arising out of such use is subject to the exclusive jurisdiction of the English and Welsh courts.

1. GRANT AND TYPE OF LICENSE.

1.1. Grant of License.

SSE is licensed, not sold.
We grant You a non-exclusive, non-transferable license to install and use SSE subject to all the terms and conditions set forth here within.
You may also make copies of SSE as may be necessary for backup and archival purposes as long as your license is not terminated.

1.2. Type of License.

Depending on the type of license, You may be allowed to install and use SSE on one or more Sugar instances. In all cases, each and every Sugar instance You are granted to use SSE on, must be either licensed by You or You may be legally authorised to represent the licensee of the SugarCRM Instance(s), for example, You are an employee of the company who licenses the SugarCRM instance(s).

There is one license available for SSE:

Business License: This license allows You to use SSE on one SugarCRM instance that is licensed to you or to the organisation you belong to and is intended for production usage. This license may be used on one test environment that is licensed to you or to the organisation you belong to for sandbox testing purposes.

If you need to license any SSE on more than two SugarCRM instances (production/sandbox), please contact us.

None of the licenses, under no circumstances, allows you to re-sale, sell, rent or re-distribute the SSE software, in part or as a whole.

2. RIGHTS AND LIMITATIONS.

2.1. Maintenance of Copyright Notices.

You must not remove or alter any copyright notices on any and all copies of SSE.

2.2. Distribution, Rental or Sale.

You shall not distribute SSE to third parties.
Rental, leasing, sale and any other form of distribution are not allowed and are strictly forbidden.
Any distribution of SSE represents a violation of this EULA and is cause of immediate termination. Violators will be prosecuted to the maximum extent possible.

2.3. Support Services.

Any supplemental service, such as, software code, written, digital or verbal communication that may be provided to You by us shall be considered part of SSE and subject to the terms and conditions of this EULA. Furthermore, such supplemental services are given to You at best of our knowledge and possibilities, and, under no circumstances, we are responsible for any consequence that may arise from any failure or delay in assisting you, resolving your problems or providing any post-sale service.
Only the license holder is permitted to request support or access support resources.

2.4. Other limitations.

You cannot distribute, freely give away, or resell your license. The license is only transferable by contacting us and requesting an official transfer of the license to a new owner. The license is intended to be used on your SugarCRM instance(s).
You are not permitted to re-post support forum content or documentation on any external websites, social media outlets, etc. Posting screen captures of this content is also prohibited. Violation will be grounds for immediate termination of the support license and all access to support content and product updates will be discontinued.
You may not reverse engineer, decompile, or disassemble SSE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

2.5 Compliance with Applicable Laws.

You must comply with all applicable laws related to the use of SSE. We are not responsible for the content You create or anything that can be related to your usage of SSE.

3. COPYRIGHT

All title, including but not limited to copyrights, in and to SSE and any copies thereof are owned by Sugabyte Ltd. All title and intellectual property rights in and to the content which may be accessed through use of SSE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. All rights not expressly granted are reserved by us.

4. WARRANTY

We expressly disclaim any warranty for SSE. SSE is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. We do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within SSE. We make no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. We further expressly disclaim any warranty or representation to You or to any third party.

SSE is designed to function on a clean installation of SugarCRM Professional, Enterprise, Ultimate, Sugar Serve or Sugar Sell for a Sugar version as specified in the downloadable product file. We do not guarantee it will function with other 3rd party plugins or other custom development or with all web browsers. We are not responsible for any plugin compatibility conflicts that may occur. It is our policy to support our plugins as best we can and we will provide support for 3rd party plugin conflicts at our discretion. We are not responsible for any data loss that may occur as a result of installing SSE.

5. PAYMENT TERMS

You must register an account or log in on our website (https://shop.sugabyte.com) before completing the payment for the purchase of the SSE or other service.

You shall pay all fees, charges and any taxes (collectively “License Fee”) to Sugabyte for the purchase of any SSE or other service in accordance with the terms of this Agreement and as shown on the relevant SSE product page during the subscription and any renewal term.

Your payment for the SSE or other service and any applicable taxes will be processed through Stripe by You providing your credit card or debit card details. Such payment details may be used for a recurring License Fee. All payment obligations under this Agreement are non-cancellable and non-refundable. The License Fee may be adjusted from time to time. If you do not wish to accept a fee change, you may cancel your subscription in accordance with this Agreement.

You are responsible for all incidental charges related to using the SSE or other service such as charges for internet access, third party software licenses, text messaging, or other data transmission. You are not permitted to download, install or use the SSE until the charge or fee has been paid in full.

6. REFUND POLICY

Since we are offering non-tangible DIGITAL GOODS, which are also immediately available for download upon successful payment, we do not issue any refund after the purchase has been made.

However, if you experience an issue, we can consider a refund request if, and only if, after working with our support team, providing any information that may help us to identify, reproduce and possibly fix the issue, SSE, at its sole discretion, confirms that all the following conditions are met:

The nature of the issue is TECHNICAL. In particular, any issue, including, but not limited to, subjective complaints, opinions, user experience, difficulties or inability to use SSE, is not a technical issue;
The technical issue prevents You from using the main functionalities of SSE;
The issue is caused by SSE and not external components of your SugarCRM environment in which you use SSE.

If any of the above conditions is not met, no refund can be given. In addition, any refusal or failure to provide precise and detailed information about the issue, to help the Sugabyte support team to understand, reproduce and identify the issue in order to provide a fix, is ground for the refund request to be rejected with no further appeal.

In cases where Sugabyte, at its sole discretion, agrees to grant You a refund, it may be requested by Sugabyte and You shall provide the following information:

A ‘Letter of Destruction’, which is a legally binding (electronic) document between you and us, certifying the assurance by You to us of the permanent removal of SSE from each and every computer, devices or any other physical or virtual storage area, and certifying that You have not violated this EULA (by illegally distributing or reverse engineering the product) and You guarantee the discontinuation of the usage of SSE. A copy of the Letter of Destruction, with your readable signature, must be emailed at admin@sugabyte.com.

Your delay, failure or refusal to provide the above information causes the refund request to be denied. Refunds do not apply to product or license upgrades.
Please note that by purchasing SSE, You agree to the terms of the Refund Policy.

7. TERM AND CANCELLATION

This EULA becomes effective on the date on which you purchase the SSE or other service and remains effective until terminated or cancelled.

Unless your SSE or other service is terminated or cancelled in accordance with this Agreement, your SSE or other service will renew for a term (“Subscription Term”) equivalent in length to the then-expiring Subscription Term or as highlighted on the product page, whichever is longer.

Either You or Sugabyte may elect to cancel Your subscription to the SSE or other service at the end of the then-current Subscription Term.

8. TERMINATION

Without prejudice to any other rights, we may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of SSE in your possession. By terminating the EULA, we are not liable for any problem the termination may cause to You and you’re not entitled to any rights. We give You the right to explain your reasons in case You believe there’s no ground for termination, but we may simply disregard your reasons and decides at its own discretion.

In cases where a refund is issued, all licenses relating to SSE will be immediately terminated, and any further use of the software will be an infringement of copyrights as well as other intellectual property rights.

9. LIMITATION OF LIABILITY

In no event shall we be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of the use of or inability to use SSE, even if we have been advised of the possibility of such damages. In no event will we be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. We shall have no liability with respect to the content of SSE or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

10. INDEMNIFICATION

You will indemnify, defend, and hold harmless Sugabyte Ltd. and its subsidiaries, affiliates, and their and our representatives (including but not limited to directors and employees), from and against all third-party claims, complaints, demands, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to
– The access to and use of this website
– The download, install or usage of the SSE or other service
– Allegations of actions or omissions by you that (regardless if proven) would constitute a breach or violation of this Agreement.

11. OTHER RIGHTS

We reserve the right, at any time, to modify or discontinue, temporarily or permanently, a license with or without notice. Prices of all products are subject to change.

We reserve the right, at our sole discretion, to change, modify or replace this EULA and these Terms and Conditions by posting the updated terms on this website with no prior notice. Your continued use of the website after any such changes constitutes your acceptance of the new EULA and Terms and Conditions.

12. CONTACTS

Should You have any questions concerning this EULA, or if You desire to contact us, please contact us filling this contact form.

Website

Disclaimer

The term ‘Sugabyte Limited’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is at 1-4 London Road, Spalding, Lincolnshire, PE11 2TA. Our company registration number is 08764620. The term ‘you’ refers to the user or viewer of our website.

The information contained in this website is for general information purposes only. The information is provided by Sugabyte Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Sugabyte Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Sugabyte Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Terms and Conditions

You are agreeing to comply with and be bound by the following terms and conditions of use. If you disagree with any part of these terms and conditions, please do not use our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
The information provided and the opinions expressed in this website represent the views of the authors and contributors. They do not constitute legal advice and cannot be construed as offering comprehensive guidance to the Data Protection Act 1998, the General Data Protection Regulation (GDPR) or other statutory measures.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
If you believe that your intellectual property rights have been infringed on this site please notify us. We accept no liability for infringements as a result of user generated content but we will take reasonable action to remove such content where possible.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
We reserve the right to refuse, suspend or cancel your access to the site at any time and without notice.
If you are acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these Terms and Conditions.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the exclusive jurisdiction of the English and Welsh courts.

Copyright Notice

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

you may print extracts for your personal and non-commercial use only
you may refer to and quote from the content for review or reference purposes within the limits of “fair dealing”, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

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