1.1. Use of Sirveo (“the software”) is subject to the terms of this End User License Agreement (the “EULA”). By downloading, installing or using the software you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you may not download, install or use the software.
1.2. This End User License Agreement (“EULA”) is a legal agreement between you and SIRVEO (PTY) LTD (“the Company”, “us”, “we”, “our”). This EULA governs your acquisition and use of the Software directly from the Company, or indirectly through a reseller or distributor (a “Reseller”) that is authorized by the Company.
1.3. This EULA is further subject to our Terms Of Use, which is available on our website (https://sirveo.io).
1.4. If you have any questions about this EULA, or the Terms Of Use, you may contact us via our website, or via email (info@sirveo.io).
2.1. Sirveo is not sold, but made available for use on a licensed basis. Use of Sirveo requires a valid Sirveo License (the “license”) that is issued by us, and may be subject to fees. Licenses have a limited validity period.
2.2. Licenses are provided in the form of a cryptographically signed key, which must be provided to the software, through configuration, as per the Software’s documentation, which is available on our website.
2.3. You agree to treat the license key as confidential, and not to share it with any third party. You also agree to take reasonable measures to prevent unauthorized access to the license key.
2.4. A license may require online license verification. The software’s configured license may become invalid if the Software is not able to verify the configured license with our licensing servers for a certain period of time. Licenses that require online license verification will provide for a reasonable grace period, typically up to 21 days. The grace period accounts for potential connectivity problems, or temporary problems with our licensing server infrastructure. If the software is unable to verify it’s configured license within this grace period, the software may become restricted in its functionality and operation.
2.5. If online license verification is required by a license issued to you, you should take reasonable steps to ensure that the software is able to verify its license within the verification grace period. You specifically agree to indemnify us against any loss or damage that may result from the software being unable to verify its license within the verification grace period.
2.6. We agree to take reasonable steps to ensure that our licensing servers are available and operational, and that the software is able to verify its license within the verification grace period.
2.7. We reserve the right to revoke or suspend a license, if we have reason to believe that the license is being used in a manner that is inconsistent with the terms of this EULA, or in a manner that is inconsistent with the terms of the license.
2.8. In the event that our licensing servers are unavailable or defective for a prolonged period of time, we may provide you with a new or temporary license, as a mitigation to ensure that such outages do not unduly affect your use of the software.
2.9. It is prohibited to reverse engineer, decompile, or disassemble the software, or to attempt to do so, or to assist others in doing so. It is prohibited to interfere with, or otherwise circumvent the software’s licensing mechanisms.
3.1. You may not use the Software without a valid license, or in a manner that is inconsistent with the terms of the license, or in a manner that is inconsistent with the terms of this EULA.
3.2. You may not use the Software for any purpose that is illegal or prohibited by the laws of the jurisdiction in which you use the Software.
4.1. You undertake to keep your contact information up to date with us, such that we may contact you for legitimate purposes related to your use of the Software. Legitimate purposes include, but are not limited to, notifications of security vulnerabilities, notifications about releases that addresses vulnerabilities, and notifications relating to licensing issues or expiry.
4.2. You agree to take reasonable efforts to keep the software up to date with current or recent versions of the software.
5.1. If you discover a security vulnerability in the Software, you agree to report the vulnerability to us, and to not disclose the vulnerability to any third party, until such time as we have had a reasonable opportunity to address the vulnerability.
6.1. The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of the Company. The Company reserves all rights in and to the Software not expressly granted to you in this EULA.
7.1. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. SIRVEO (PTY) LTD does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Software will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or (vi) any errors in the Software will be corrected.
7.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIRVEO (PTY) LTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIRVEO (PTY) LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, for example: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (v) or any other matter relating to the Software.
7.3. Sirveo (Pty) Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. Sirveo (Pty) Ltd shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Software.