LICENSE.txt

END-USER LICENSE AGREEMENT
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IMPORTANT: THIS SOFTWARE END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL
AGREEMENT (“Agreement”) BETWEEN YOU (THE CUSTOMER, EITHER AS AN INDIVIDUAL
OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AS AN ENTITY)
AND SNICCO MEDIA. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION
PROCESS AND USING SNICCO FORTRESS AND RELATED SOFTWARE COMPONENTS
(“SOFTWARE”). IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS
WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE
SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING
TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.
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In order to use the Software under this Agreement, you must receive a
“Source URL” at the time of purchase, in accordance with the scope of use
and other terms specified for each type of Software and as set forth in
this Section 1 of this Agreement.

1. License Grant

1.1 General Use. This Agreement grants you a non-exclusive, non-
transferable, limited license to the use rights for the Software, without
the right to grant sublicenses, subject to the terms and conditions in this
Agreement. The Software is licensed, not sold.

1.2 Enterprise License. If you purchased an Enterprise License for the
Snicco Fortress Software, you may install the Software on an unlimited
number of Hosts. “Host” means any physical or virtual machine which is
controlled by you.
You shall not use the Software as part your service offerings, such as
virtual servers, appliance, or any form of hosting.

1.3 Appliance License. If you purchased an Appliance License, you may
distribute the Software in any applications, frameworks, or elements
(collectively referred to as an “Application” or “Applications”) that you
develop using the Software in accordance with this EULA, provided that such
distribution does not violate the restrictions set forth in section 3 of
this EULA. You must not remove, obscure or interfere with any copyright,
acknowledgment, attribution, trademark, warning or disclaimer statement
affixed to, incorporated in or otherwise applied in connection with the
Software. You are required to ensure that the Software is not reused by or
with any applications other than those with which you distribute it as
permitted herein. For example, if You install the Software on a customer's
server, that customer is not permitted to use the Software independently of
your Application. You must inform Snicco Media of your knowledge of any
infringing use of the Software by any of your customers. You are liable for
compliance by those third parties with the terms and conditions of this
EULA. You will not owe Snicco Media any royalties for your distribution of
the Software in accordance with this EULA.

1.4 Archive Copies. You are entitled to make a reasonable amount of copies
of the Software for archival purposes. Each copy must reproduce all
copyright and other proprietary rights notices on or in the Software
Product.

1.5 Electronic Delivery. All Software and license documentation shall be
delivered by electronic means unless otherwise specified on the applicableinvoice or at the time of purchase. Software shall be deemed delivered when
it is made available for download by you (“Delivery”).

2. Modifications. Snicco Media shall provide you with source code so that
you can create Modifications of the original software. “Modification”
means: (a) any addition to or deletion from the contents of a file included
in the original Software or previous Modifications created by You, or (b)
any new file that contains any part of the original Software or previous
Modifications. While you retain all rights to any original work authored by
you as part of the Modifications, We continue to own all copyright and
other intellectual property rights in the Software.

3. Restricted Uses.

3.1 You shall not (and shall not allow any third party to): (a) decompile,
disassemble, or otherwise reverse engineer the Software or attempt to
reconstruct or discover any source code, underlying ideas, algorithms, file
formats or programming interfaces of the Software by any means whatsoever
(except and only to the extent that applicable law prohibits or restricts
reverse engineering restrictions); (b) distribute, sell, sublicense, rent,
lease or use the Software for time sharing, hosting, service provider or
like purposes, except as expressly permitted under this Agreement; (c)
redistribute the Software or Modifications other than by including the
Software or a portion thereof within your own product, which must have
substantially different functionality than the Software or Modifications
and must not allow any third party to use the Software or Modifications, or
any portions thereof, for software development or application development
purposes; (d) redistribute the Software as part of a product, "appliance"
or "virtual server"; (e) redistribute the Software on any server which is
not directly under your control; (f) remove any product identification,
proprietary, copyright or other notices contained in the Software; (g)
modify any part of the Software, create a derivative work of any part of
the Software (except as permitted in Section 4), or incorporate the
Software, except to the extent expressly authorized in writing by Snicco
Media; (h) publicly disseminate performance information or analysis
(including, without limitation, benchmarks) from any source relating to the
Software; (i) utilize any equipment, device, software, or other means
designed to circumvent or remove any form of Source URL or copy protection
used by Snicco Media in connection with the Software, or use the Software
together with any authorization code, Source URL, serial number, or other
copy protection device not supplied by Snicco Media; (j) use the Software
to develop a product which is competitive with any Snicco Media product
offerings; or (k) use unauthorized Source URLS or keycode(s) or distribute
or publish Source URLs or keycode(s), except as may be expressly permitted
by Snicco Media in writing. If your Source URL is ever published, Snicco
Media reserves the right to terminate your access without notice.

3.2 UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE AS PART OF A PRODUCT OR
SERVICE THAT PROVIDES SIMILAR FUNCTIONALITY TO THE SOFTWARE ITSELF.

4. Ownership. Notwithstanding anything to the contrary contained herein,
except for the limited license rights expressly provided herein, Snicco
Media and its suppliers have and will retain all rights, title and interest
(including, without limitation, all patent, copyright, trademark, trade
secret and other intellectual property rights) in and to the Software and
all copies, modifications and derivative works thereof (including any
changes which incorporate any of your ideas, feedback or suggestions). You
acknowledge that you are obtaining only a limited license right to the
Software, and that irrespective of any use of the words “purchase”, “sale”
or like terms hereunder no ownership rights are being conveyed to you under
this Agreement or otherwise.

5. Fees and Payment. The Software license fees will be due and payable in
full as set forth in the applicable invoice or at the time of purchase. If
the Software does not function properly within two weeks of purchase,
please contact us within those two weeks for a refund. You shall be
responsible for all taxes, withholdings, duties and levies arising from the
order (excluding taxes based on the net income of Snicco Media).

6. Support, Maintenance and Services. Subject to the terms and conditions
of this Agreement, as set forth in your invoice, support and maintenance
services may be included with the purchase of your license subscription.

7. Term of Agreement.

7.1 Term. This Agreement is effective as of the Delivery of the Software
and expires at such time as all license and service subscriptions hereunder
have expired in accordance with their own terms (the “Term”). For
clarification, the term of your license under this Agreement may be
perpetual, limited for Evaluation Version, or designated as a fixed-term
license in the Invoice, and shall be specified at your time of purchase.
Either party may terminate this Agreement (including all related Invoices)
if the other party: (a) fails to cure any material breach of this Agreement
within thirty (30) days after written notice of such breach, provided that
Snicco Media may terminate this Agreement immediately upon any breach of
Section 3 or if you exceed any other restrictions contained in Section 1,
unless otherwise specified in this agreement; (b) ceases operation without
a successor; or (c) seeks protection under any bankruptcy, receivership,
trust deed, creditors arrangement, composition or comparable proceeding, or
if any such proceeding is instituted against such party (and not dismissed
within sixty (60) days)). Termination is not an exclusive remedy and the
exercise by either party of any remedy under this Agreement will be without
prejudice to any other remedies it may have under this Agreement, by law,
or otherwise.

7.2 Termination. Upon any termination of this Agreement, you shall cease
any and all use of any Software and destroy all copies thereof.

7.3 Expiration of License. Upon the expiration of any term under this
Agreement, (a) all Software updates and services pursuant to the license
shall cease, (b) you may only continue to run existing installations of the
Software, (c) you may not install the Software on any additional Hosts, and
(d) any new installation of the Software shall require the purchase of a
new license subscription from Snicco Media.

8. Disclaimer of Warranties. The Software is provided "as is," with all
faults, defects and errors, and without warranty of any kind. Snicco Media
does not warrant that the Software will be free of bugs, errors, viruses or
other defects, and Snicco Media shall have no liability of any kind for the
use of or inability to use the Software, the Software content or any
associated service, and you acknowledge that it is not technically
practicable for Snicco Media to do so.
To the maximum extent permitted by applicable law, Snicco Media disclaims
all warranties, express, implied, arising by law or otherwise, regarding
the Software, the Software content and their respective performance or
suitability for your intended use, including without limitation any implied
warranty of merchantability, fitness for a particular purpose.

9. Limitation of Liability.
In no event will Snicco Media be liable for any direct, indirect,
consequential, incidental, special, exemplary, or punitive damages or
liabilities whatsoever arising from or relating to the Software, the
Software content or this Agreement, whether based on contract, tort(including negligence), strict liability or other theory, even if Snicco
Media has been advised of the possibility of such damages.
In no event will Snicco Media' liability exceed the Software license price
as indicated in the invoice. The existence of more than one claim will not
enlarge or extend this limit.

10. Remedies. Your exclusive remedy and Snicco Media' entire liability for
breach of this Agreement shall be limited, at Snicco Media' sole and
exclusive discretion, to (a) replacement of any defective software or
documentation; or (b) refund of the license fee paid to Snicco Media,
payable in accordance with Snicco Media' refund policy.

11. Acknowledgements.

11.1 Consent to the Use of Data. You agree that Snicco Media and its
affiliates may collect and use technical information gathered as part of
the product support services. Snicco Media may use this information solely
to improve products and services and will not disclose this information in
a form that personally identifies you.

11.2 Verification. We or a certified auditor acting on our behalf, may,
upon its reasonable request and at its expense, audit you with respect to
the use of the Software. Such audit may be conducted by mail, electronic
means or through an in-person visit to your place of business. Any such in-
person audit shall be conducted during regular business hours at your
facilities and shall not unreasonably interfere with your business
activities. We shall not remove, copy, or redistribute any electronic
material during the course of an audit. If an audit reveals that you are
using the Software in a way that is in material violation of the terms of
the EULA, then you shall pay our reasonable costs of conducting the audit.
In the case of a material violation, you agree to pay Us any amounts owing
that are attributable to the unauthorized use. In the alternative, We
reserve the right, at our sole option, to terminate the licenses for the
Software.

11.3 Government End Users. If the Software and related documentation are
supplied to or purchased by or on behalf of the United States Government,
then the Software is deemed to be "commercial software" as that term is
used in the Federal Acquisition Regulation system. Rights of the United
States shall not exceed the minimum rights set forth in FAR 52.227-19 for
"restricted computer software". All other terms and conditions of this
Agreement apply.

12. Third Party Software. Examples included in Software may provide links
to third party libraries or code (collectively “Third Party Software”) to
implement various functions. Third Party Software does not comprise part of
the Software. In some cases, access to Third Party Software may be included
along with the Software delivery as a convenience for demonstration
purposes. Such source code and libraries may be included in the
“…/examples” source tree delivered with the Software and do not comprise
the Software. Licensee acknowledges (1) that some part of Third Party
Software may require additional licensing of copyright and patents from the
owners of such, and (2) that distribution of any of the Software
referencing or including any portion of a Third Party Software may require
appropriate licensing from such third parties.

13. Miscellaneous

13.1 Entire Agreement. This Agreement sets forth our entire agreement with
respect to the Software and the subject matter hereof and supersedes allprior and contemporaneous understandings and agreements whether written or
oral.

13.2 Amendment. Snicco Media reserves the right, in its sole discretion, to
amend this Agreement from time.

13.3 Assignment. You may not assign this Agreement or any of its rights
under this Agreement without the prior written consent of Snicco Media and
any attempted assignment without such consent shall be void.

13.4 Export Compliance. You agree to comply with all applicable laws and
regulations, including laws, regulations, orders or other restrictions on
export, re-export or redistribution of software.

13.5 Indemnification. You agree to defend, indemnify, and hold harmless
Snicco Media from and against any lawsuits, claims, losses, damages, fines
and expenses (including attorneys' fees and costs) arising out of your use
of the Software or breach of this Agreement.

13.6 Governing Law. This Agreement is governed by the laws of the State of
North Rhine-Westphalia and Germany without regard to conflicts of laws
provisions thereof, and without regard to the United Nations Convention on
the International Sale of Goods or the Uniform Computer Information
Transactions Act, as currently enacted by any jurisdiction or as may be
codified or amended from time to time by any jurisdiction. The jurisdiction
and venue for actions related to the subject matter hereof shall be the
state of North Rhine-Westphalia and Germany courts located in Essen, North
Rhine-Westphalia, and both parties hereby submit to the personal
jurisdiction of such courts.

13.7 Attorneys' Fees and Costs. The prevailing party in any action to
enforce this Agreement will be entitled to recover its attorneys' fees and
costs in connection with such action.

13.8 Severability. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid, illegal, or unenforceable, the
remainder of this Agreement will remain in full force and effect.

13.9 Waiver. Failure or neglect by either party to enforce at any time any
of the provisions of this licence Agreement shall not be construed or
deemed to be a waiver of that party's rights under this Agreement.

13.10 Headings. The headings of sections and paragraphs of this Agreement
are for convenience of reference only and are not intended to restrict,
affect or be of any weight in the interpretation or construction of the
provisions of such sections or paragraphs.

14. Contact Information. If you have any questions about this EULA, or if
you want to contact Snicco Media for any reason, please direct
correspondence to support@snicco.io.