EULA (dtable-server)
End User License Agreement for dtable-server
Version: September 2020
1. Parties and Subject Matter¶
-
The provisions of this End User License Agreement ("EULA") govern the relationship between Seafile Ltd., GuiGuLiangCheng, Block 2B, #310, HaiDian District, Beijing, China ("Seafile") and end users ("End Users") (collectively the "Parties") with respect to the licensing by Seafile of the software dtable-server ("Server" of "Software").
-
A License Agreement between the Parties pursuant to this EULA is concluded when the End User downloads the Server, alone or bundled with other software. IF YOU DO NOT AGREE TO THIS EULA, DO NOT DOWNLOAD, INSTALL AND USE THE SERVER. The same applies for the software with which the Server is bundled.
2. Changes to the EULA¶
Seafile is entitled to amend this EULA. SeaTable posts the amended EULA on the website https://seatable.io no less than two months before it becomes effective. The End User is therefore advised to visit this EULA regularly and to check for amendments. IF YOU DO NOT AGREE TO THE AMENDED EULA, QUIT USING THE SERVER AND UNINSTALL IT. The same applies for the software with which the Server is bundled.
3. Product Specification, Availability and Updates¶
-
The Server is a software developed by Seafile. Its functions and its requirements are described on the website https://seatable.io; technical details are provided in the administrator manual. The Server can be used free of charge.
-
The Server is made available to the End User by download, bundled with other software in the form of the application SeaTable Community Edition ("SeaTable CE"), of which the Server is a key component and without which SeaTable CE is not functional. This applies for installation media as well as updates.
-
The End User is responsible for installation and configuration. Seafile does not offer any kind of support for the Server nor has the End User any claim. Seafile and its affiliates operate a Community Forum at https://forum.seatable.io where End Users can help one another.
-
Seafile will regularly release new versions of the Server. At its sole discretion, it may add/modify/remove functions and features and/or supported platforms. Seafile informs about new releases and associated changes on its blog and in the Community Forum.
-
Seafile may also decide, at its discretion, to discontinue the development of the Server.
-
Some functions and features of the Server may depend on third-party products and services, all of which may be subject to changes. As a consequence, Seafile may need to modify or limit functions and features of the Server.
5. Rights of Use¶
-
Seafile grants to the End User the non-exclusive, non-transferable and non-sublicensable right to install, run and use the Server to the extent granted by this EULA.
-
The rights of use, granted under this EULA, are unlimited in time as long as the End User agrees to this EULA.
-
Any use of the Server beyond the scope granted under this EULA is prohibited and may be prosecuted.
-
The rights of use, granted pursuant to this EULA, do not include any rights to the source code of the Server.
-
The rights, granted pursuant to this EULA, do not include and the End User is not entitled to and shall not allow a third party to (I) attempt to circumvent any technical measures and devices of the Server that are directed at, or have the effect of, enforcing this EULA and its terms; (II) modify, create derivative works, translate, decompile or create or attempt to create, by reverse engineering or otherwise, the source code of the Server; (III) remove, modify or obscure any copyright, trademark, service mark or other proprietary rights, confidentiality, serial number, notice, legend or similar on any copy of the Server, or related data, manuals, documentation or other materials; (IV) market, sell, lend, rent, lease or distribute the Server; (V) use the Server, on its own or as a part of another product and irrespective of the delivery model, for creating or providing a commercial service or a free public or de-facto public service; and (VI) assign, sublicense or otherwise transfer any rights in or to the Server.
-
Seafile retains all right, title and interest in and to the Server (and any new versions thereof provided by Seafile) and in all copies, modifications and derivative works of the Server including, without limitation, all rights to patent, copyright, trade secret, trademark and other proprietary or intellectual property rights.
6. Documentation and Interfaces¶
- Seafile and its affiliates provide an online user and administrator manual in English on the website https://seatable.io. Any further languages may be offered by Seafile on a voluntary basis.
- Seafile retains all right, title and interest in and to such documentation and in all copies, modifications and derivative works thereof.
- The Server may, at Seafile's sole discretion, provide application programming interfaces or other software interfaces (collectively "API") that allow third-party or customer applications to communicate with the Server (collectively "third-party software"). Seafile may change or discontinue APIs at any time without any obligation or liability to the End User. The respective provider is responsible for the third-party software. The provisions of the EULA do not apply to any such third-party software. Under no circumstances is Seafile liable for any third-party software.
7. Obligations and Duties of the End User¶
-
The End User is obliged to use the Server only in accordance with the provisions of this EULA and in accordance with laws and regulations applicable to such use and may not infringe on any third-party rights in connection with such use. The End User must, in particular, comply with all applicable data protection and export control provisions.
-
The requirements for the Server are specified in the administrator manual. The End User familiarizes himself/hersef with these requirements prior to download, installation and use of the Server.
-
The End User reports errors and bugs ("Defects") on the Community Forum. The report of any Defect must include
-
a detailed description of the defect,
- instructions to reproduce it,
- the relevant logs,
- the Software's version and
- the operating system and version.
If a Defect occurred when accessing the Software via a browser, the report must additionally include
- browser type and version,
- screenshots of the defect and
- the content of browser console.
8. Data Privacy¶
-
Seafile collects, processes and uses personal data of the End User as described in detail in the Privacy Statement.
-
Non-personal or anonymous data may be collected automatically to improve functionality and the user experience with the Server. The End User agrees that Seafile owns all rights in, and is free to use any such non-personal or anonymous data in any way it deems fit for development, diagnostic, corrective as well as marketing or any other purposes.
9. Limitation of Liability¶
IN NO EVENT, UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, WILL SEAFILE BE LIABLE TO END USERS FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THE END USER OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SEAFILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Warranty Claims¶
THERE IS NO WARRANTY FOR THE SERVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH THE END USER. SHOULD THE PROGRAM PROVE DEFECTIVE, THE END USER ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
11. Final Provisions¶
-
Any notifications and declarations in connection with the EULA will be made through public announcements on the website https://seatable.io and/or the Community Forum at https://forum.seatable.io. The End User is responsible for checking these two sites regularly.
-
The EULA and any disputes in connection with it are solely governed by, and construed in accordance with, the law of the People's Republic of China.
-
The exclusive place of jurisdiction is Beijing, China. Seafile reserves the right to sue at the End User’s head office.
-
If a provision of the EULA is found to be partly or wholly invalid or unenforceable, this shall not affect the validity and enforceablity of the remaining providions of the EULA. In place of the invalid or unenforceable provision, a valid and enforceable provision shall apply which reflects as closely as possible the commercial intention of the parties as regards the invalid or unenforceable provision.