This Licensing Addendum ("Addendum") sets forth the licensing model for Customer's Use of the Software or Library Software (collectively, the "Software") listed on the Referencing Agreement (defined below). Capitalized terms used herein have the meanings ascribed to them in the Software License Terms and Conditions, SaaS License Agreement, or 'Software as a Service' Terms and Conditions, as applicable (each an "Agreement"). The Quote, Library Plan Quote, Order Form, or any other ordering document that references the Agreement shall be referred to herein as the "Referencing Agreement".
| Type | Product Name | Licensed Unit |
|---|---|---|
| Product | GFI Archiver | Mailbox |
| Product | GFI ClearView | Instance |
| Product | GFI LanGuard | Node |
| Product | GFI MailEssentials | Mailbox |
| Product | GFI EventsManager | Instance |
| Product | GFI EndPointSecurity | Node |
| Product | GFI HelpDesk | Named User |
| Product | GFI FaxMaker | Named User/ Telephone Line/ Fax Page |
| Product | GFI FaxMaker Online | Named User/ Telephone Line/ Fax Page |
| Product | Exinda | Bandwidth |
| Product | KerioControl | Instance / Device Pack |
| Product | KerioConnect | Mailbox |
| Product | KerioOperator | Named User |
| Product | AppManager | Instance |
| Product | Eloquens | Named User / Processed Emails / Knowedge Storage |
| Product | GFI ArchiverAI | Instance |
| Product | MailEssentialsAI | Instance |
| Product | ExindaAI | Instance |
| Product | Kerio Cloud | Mailbox / Server Storage |
| Product | AppManagerAI | Instance |
1. LICENSE MODEL DESCRIPTIONS:
a) Bandwidth
The maximum network bandwidth, measured in megabits per second (Mbps) or gigabits per second (Gbps), that the Software is authorized to monitor, shape, accelerate, or otherwise manage.
b) Device Pack
Up to five (5) end devices connecting to a single instance of the Software. For clarity, the total number of Device-Packs required is determined by dividing the total number of end devices to be protected by five, rounded up to the nearest whole number.
c) Fax Page
An individual page transmitted or received through the Software. The total number of Fax Pages licensed represents the maximum number of pages that can be sent and/or received during the defined license period. Each page of a multi-page fax document counts as a separate Fax Page against the licensed limit. For clarity, both outgoing and incoming fax pages count toward the licensed total.
d) Instance
A single installation of the Software running on an operating system. For clarity, if the Software has been loaded into memory multiple times, then the number of Software licenses required in such circumstances will directly correspond to the number of times the Software has been loaded.
e) Knowledge Storage
The cumulative amount of structured or unstructured data—including but not limited to emails, metadata, user interactions, attachments, learned models, and training data—retained, processed, or utilized by the Software for artificial intelligence or machine learning purposes. Measurement may be based on gigabytes (GB) or terabytes (TB) of data stored or indexed, as specified in the Referencing Agreement.
f) Mailbox
An individual email mailbox which: (i) is configured to be archived using the Software, (ii) otherwise benefits from the functionality of the Software, or (iii) interfaces with the Software.
g) Named User
The Service licensed or subscribed to Customer may be Used (as defined in the applicable Agreement) by a limited number of individual users, each identified by a unique user ID (i.e., the Named User), the maximum number of which is specified in the Referencing Agreement under the heading “Entitlement.” Customer may designate different Named Users at any time without notice to Service Provider so long as the permitted number of Named Users is not exceeded. All Use is further subject to the terms of the Agreement.
h) Node
A single network endpoint or device (physical or virtual) that is monitored, managed, or protected by the Software. This includes but is not limited to servers, workstations, virtual machines, network devices, and IoT devices.
i) Processed Emails
Individual email messages (including inbound, outbound, and internally routed messages) that are ingested, analyzed, filtered, categorized, enriched, or otherwise acted upon by the Software, whether by automated or manual means, regardless of whether the message is ultimately stored, deleted, or forwarded. Each unique email message constitutes one (1) Processed Email for licensing purposes.
j) Server Storage
The total disk space allocated on the hosted server infrastructure (including cloud-based private, shared or virtualized environments) used to store Customer’s email data, configurations, logs, backups, and related application files in connection with the operation of the Software. Measurement is typically in gigabytes (GB) or terabytes (TB), as specified in the Referencing Agreement.
k) Telephone Line
A dedicated phone line configured to send or receive faxes through the Software.
2. ADDITIONAL TERMS APPLICABLE TO ALL SOFTWARE:
a) Third-Party Components. The Software may contain or be accompanied by certain third-party components created and separately licensed to Customer by third parties. CONSEQUENTLY, SERVICE PROVIDER'S PROVISION OF THIRD-PARTY COMPONENTS TO CUSTOMER IS ON "AS IS" BASIS WITHOUT WARRANTY FROM SERVICE PROVIDER OF ANY KIND. SERVICE PROVIDER DISCLAIMS ALL WARRANTIES AND INDEMNITIES WITH RESPECT TO THE THIRD-PARTY COMPONENTS, EXPRESS OR IMPLIED, AND ASSUMES NO LIABILITY WITH RESPECT TO THE THIRD-PARTY COMPONENTS. These components, if any, may be identified in, and subject to, special license terms and conditions set forth in the "notices.txt" file accompanying the Software ("Special Notices"). The Special Notices include important licensing and warranty information and disclaimers. In the event of a conflict between the Special Notices and the other portions of the Agreement, the Special Notices will take precedence, but solely with respect to the third-party component(s) to which the Special Notice relates.
b) Patent Notices. Customer is hereby placed on notice that the Software, Software updates, their related technology and services may be covered by one or more United States ("US") and non-US patents. A listing that associates patented and patent-pending products included in the Software, Software updates, their related technology and services with one or more patent numbers available for Customer's and the general public's access at: www.aurea.com/legal/patents/ or www.ignitetech.com/legal or https://markings.ipdynamics.ai/esw/ (hereinafter, the "Patent Notice") and any successor or related locations designated by Service Provider. The association of products-to-patent numbers in the Patent Notice may not be an exclusive listing of associations, and other unlisted patents or pending patents may also be associated with the Software. Likewise, the patents or pending patents may also be associated with unlisted products. Customer agrees to regularly review the products-to-patent number(s) association at the Patent Notice to check for updates. The Software may include third-party products sublicensed by Service Provider to Customer. Some or all associations of the third-party products-to-patents are also identified in the Patent Notice by each associated third-party and product name.
c) For On-Premise Software ONLY:
(i) License Environment. Unless otherwise stated in the Referencing Agreement, the Software is licensed according to the following environments:
(a) Production and Production Backup. Software may be licensed to Customer for Production or Production Backup use. The sum of License Units for Production and Production Backup must not exceed the maximum number of License Units set forth in the Referencing Agreement.
(b) Non-Production. Customer may order software for Non-Production use. If Customer ordered or obtained the Software for Non-Production use, then the Software is subject to the additional restriction that it may not be deployed for Production or Production Backup use.
(c) If no license environment is stated in the Referencing Agreement, then the Software is licensed for Production and Production Backup.
(ii) Additional License Types. If stated in the Referencing Agreement, the Software may be provided to the Customer for any of the following purposes:
(a) if the Software is provided for evaluation purposes ("Evaluation Software"), then the Software may be used by Customer solely for evaluation of the Software applications, and not in conjunction with the development or deployment of such Software applications. Evaluation includes the use of the Software in performance benchmarking. Service Provider updates the Software regularly and benchmarking data for the Software is subject to change. Benchmark tests on prior versions of the Software may yield results that are not reflective of the performance of the current version of the Software. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE EVALUATION SOFTWARE CONTAINS A DISABLING DEVICE THAT WILL AUTOMATICALLY DISABLE THE EVALUATION SOFTWARE THIRTY (30) CALENDAR DAYS FROM INSTALLATION OR AS OTHERWISE AGREED IN WRITING BY THE PARTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EVALUATION SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SERVICE PROVIDER MAKES NO WARRANTIES WITH RESPECT TO THE EVALUATION SOFTWARE, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT;
(b) if digital certificates are included with the Software, the certificates are intended as samples only, and are prohibited for use in development, deployment, or Production;
(b) if the Software is provided for development purposes ("Developer License") then Customer's access and use of the Software is limited to internal application development and support purposes only. If the license is for components of the Software only, then such right is limited to such components. A Developer License may not be transferred; or
(d) if the Software is provided for testing and staging purposes ("Testing and Staging License") then the Customer has the right to use the Software for internal quality assurance testing purposes only and Customer may not deploy the Software in a Production environment. A Testing and Staging License may not be transferred.