This End-User License Agreement ("EULA") is a legal agreement between you and Beonex GmbH.
ExQuilla, also called ExQuilla for Exchange, is a Thunderbird add-on software that allows the Mozilla Thunderbird email client to connect to some Microsoft Exchange servers and receive and send emails via such servers.
This EULA agreement governs your acquisition and use of ExQuilla ("Software") directly from Beonex GmbH or indirectly through a Beonex GmbH authorized reseller or distributor.
Please read this EULA agreement carefully before downloading, completing the installation process or using the ExQuilla software. It provides a license to use the ExQuilla software and contains warranty information and liability disclaimers.
This EULA agreement will also govern any trial period that you use without payment. By downloading, installing or using the ExQuilla software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement. The contract is fulfilled when you download the software.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Beonex GmbH herewith, regardless of whether other software is referred to or described herein. The terms also apply to any Beonex GmbH updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Beonex GmbH makes no representation that ExQuilla will work with any new Thunderbird versions. Changes in Thunderbird can break ExQuilla, and Beonex GmbH makes no promises to adapt ExQuilla in such a case.
Beonex GmbH also makes no representation that the Software is fit for or works for any specific purpose, including the purposes stated above. You have a one month free trial period, during which you can evaluate the fitness of the Software and whether it works in your circumstances, your devices, your software and your Exchange server. Please use this trial period to assess the Software for your circumstances. If you are not happy with its performance, please do not use it and do not pay for it.
No warranty is provided for the software. Notwithstanding anything to the contrary and to the maximum extent permitted by applicable law, Beonex GmbH provides the software "as-is" and disclaims and excludes all warranties and conditions, whether statutory, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement of third-party rights. Beonex GmbH makes no warranty that the software will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free. Beonex GmbH does accept responsibility for willful or gross misconduct on its own part.
There are different forms of licenses:
Trial license: You have a one-time, one month trial period, during which you can use the software at no cost to you. After that, you need to purchase a software license.
Individual licenses can be purchased only by private consumers and are assigned to a specific email address. You may use the license for your professional email addresses and work, but you as the private person are the customer in terms of this license. Companies and organisations cannot buy such licenses.
Domain licenses can be purchased by companies and organisations and are assigned to an email domain during purchase, with a given number of user licenses. Up to the number of purchased user licenses, users with email addresses in that domain can use these user licenses in order to use these email addresses with ExQuilla. Once used, licenses are assigned to a specific email address for the rest of the year and cannot be reused by other users.
For licensing, the outgoing email address as seen in the "From:" field per RFC 2822 Section 3.6.2 is used as email address. If you use multiple email addresses with ExQuilla, you need a license for each such email address.
Beonex GmbH hereby grants you a personal, non-transferable, non-exclusive licence to use the ExQuilla software on your devices in accordance with the terms of this EULA agreement.
The license typically lasts for one year or one month, and will be billed automatically for every term.
You are permitted to load the ExQuilla software under your control, for example on your PC or laptop. You are responsible for ensuring your device and your server meet the minimum requirements of the ExQuilla software.
Beonex GmbH shall at all times retain ownership of the Software as originally downloaded by you, all subsequent downloads of the Software by you, and all modifications and derivates. The Software (and the copyright, the trademark, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto and derivates made based on it) are and shall remain the property of Beonex GmbH.
You are not permitted to:
Should you violate any of the above provisions after "You are not permitted to", in addition to penalties and other damages, you agree to reimburse Beonex GmbH for the financial damage or loss of income that likely resulted from your actions, based on a reasonable estimate made by Beonex GmbH.
Beonex GmbH reserves the right to grant licences to use the Software to third parties.
If you contribute feedback or bug fixes, you give Beonex GmbH all rights to use them, including to improve the software and to publish your statements as testimonials.
This EULA agreement is effective from the date you first download or use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Beonex GmbH.
It will also terminate immediately, if you do not pay after the trial period, fail to pay the renewal, request a reimbursement, or fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software, and to delete all your copies. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
In case of a dispute, private end users may file a complaint at the EU Online Dispute Resolution.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Germany and settled in courts applicable for Wiesbaden, Germany, as far as permissible by law.
In the event that any part of this agreement is invalid or unenforceable, the terms shall be adapted or modified so that they are enforceable and most closely reflect the original intent of the terms.