1. Grant of license
CM Apps grants the Customer a [term-limited / perpetual], non-exclusive, non-transferable and non-sublicensable license to use the product specified in the order form (the “Software”). The license is limited by the metrics in the order form, such as number of installations, servers/cores, users or tenants.
2. Use restrictions
The Customer may not copy the Software (except for backup), modify it, decompile it, rent it, offer it to third parties as a service, exceed the license metrics or remove copyright/trademark notices. Cases of interoperability that applicable law mandatorily permits remain unaffected.
3. Delivery and installation
The Software is delivered electronically. Installation, configuration and integration services may be provided under a separate Statement of Work. System requirements are specified in the documentation.
4. Updates and support
Unless stated otherwise, the license fee covers updates and standard support for [12] months. After this period, updates and support continue under the Support & Maintenance Agreement in return for an annual maintenance fee. Once the maintenance period expires, the current version may continue to be used.
5. License verification
The Software may check the license metrics through a license key or online verification. CM Apps may request verification of license usage at most [1] time per year, with [30] days’ prior notice and without disrupting the Customer’s operations; if an overage is detected, the difference is paid at list price.
6. Intellectual property
The Software is licensed, not sold. All rights in the Software and its derivative works belong to CM Apps. Feedback from the Customer may be used by CM Apps without any obligation. Third-party and open-source components are subject to their own licenses and are listed in the documentation.
7. Warranty
CM Apps warrants that the Software will operate in material conformity with the documentation for [90] days from delivery; the sole remedy is remediation of the defect or a refund of the fee. All other warranties are excluded to the extent permitted by law.
8. Term and termination
Term-limited licenses are valid for the period stated in the order form. If a breach of the license terms is not remedied within [30] days, CM Apps may terminate the license; upon termination, all copies of the Software are removed and this is confirmed in writing.
9. Export and governing law
The Software may be subject to export control legislation; the Customer undertakes not to transfer the Software to sanctioned countries or persons. Limitations of liability, governing law and dispute resolution are as set out in the Terms of Service.