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Installatron Plugin EULA

Last Revised: May 24, 2018

THIS END-USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY IF ACQUIRED FOR USE BY AN ENTITY) AND INSTALLATON. READ THIS EULA CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA; IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS HEREIN, OR IF YOU HAVE NOT READ, UNDERSTOOD, OR ACKNOWLEDGED THE TERMS HEREIN, DO NOT INSTALL OR USE THE SOFTWARE AND RETURN TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.

  1. DEFINITIONS
    1. The term "EULA" shall refer to this End User License Agreement.
    2. The term "Partner" shall refer to any entity that has entered into a valid and existing Partner Agreement with Installatron.
    3. The term "Distributor" shall refer to any entity that has entered into a valid and existing Distributor Agreement with Installatron.
    4. The term "Services" shall refer to Installatron's "Installatron Plugin" software.
    5. The term "Licensed Servers" shall refer to any server operating from an IP address identified by Installatron as a licensed server in good standing.
    6. The term "Third Party User" shall refer to an authorized end user of Services on Licensed Servers.
    7. The term "Installatron Usage Data" shall refer to all data collected in connection with the use of Services including the licensed or unlicensed status of the server, its public IP address, the operating system, the use of any virtualization technologies, and information collected to help improve Services.
    8. The term "Trademarks" means all domestic and international trademarks, service marks, logos, trade names, trade dress, including all goodwill represented by each of the foregoing, whether registered or unregistered, of Installatron including without limitation INSTALLATRON (USPTO Registration No. 4282930).
    9. The terms "we", "us" or "our" shall refer to Installatron.
    10. The terms "you", "your", or "Licensee" shall refer to any individual or entity who installs or uses Services.
  2. GRANT OF LICENSE
    1. Subject to the terms and conditions of this Agreement, only during the term hereof, and provided that Licensee continues to satisfy the terms and conditions of this Agreement, Installatron grants Licensee a non-exclusive license to (a) install and use Services on Licensed Servers and (b) make backup copies of Services for archival purposes. Except as provided the below section Sublicensing, the foregoing license is non-transferable, non-assignable and non-sublicensable.
    2. Sublicensing. Licensee may sublicense the right to use Services to Third Party Users solely on Licensed Servers provided that each Third Party User enters into an agreement with Licensee governing the Third Party User's use of Services on Licensed Servers ("Third Party Agreement"); as part of any Third Party Agreement, each Third Party User must agree to the flow-through provisions set forth herein as a condition of the Third Party User's use of Services. Each Third Party Agreement must contain:
      1. The Third Party User's agreement that no part of Services may be modified or used to prepare derivative works as set forth herein;
      2. The Third Party User's agreement that Installatron owns all right, title and interest, including all Intellectual Property Rights, in and to, (a) the Services, (b) the Trademarks, and (c) Installatron Usage Data as set forth herein;
      3. A notice, substantially similar to the disclaimer set forth herein, that Installatron disclaims all warranties and representations with respect to Services;
      4. A limitation of Installatron's liability substantially similar to that set forth herein;
      5. A notice that the Third Party User's right to use Services shall automatically expire without notice upon the expiration or termination of this Agreement for any reason whatsoever;
      6. A notice that Installatron is a third party beneficiary of any Third Party Agreement applicable to Services with the full right to enforce the provisions of the Third Party Agreement as they pertain to Installatron and Services;
      7. The Third Party User's agreement that Installatron may in its sole discretion collect and use Installatron Usage Data as set forth herein;
      8. The Third Party User's waiver of any and all claims (whether under law, equity or any other theory of liability) against Installatron and its affiliates that may arise from a Third Party User's inability to use Services in the event of the suspension of Services for any reason whatsoever;
      9. If Third Party Users are also granted the right to sublicense the use of Services, the Third Party User's agreement that any grant of sublicensing rights shall include the provisions set forth in this section and the duration and scope of rights granted shall be no greater than the terms and conditions herein.
    3. Restrictions of Use.
      1. Licensee understands that Services is licensed as a single product and none of the components may be separated for installation or use other than on Licensed Servers.
      2. No Derivative Works. In any manner whatsoever Licensee may not alter, merge, modify, adapt or translate, decompile, reverse engineer, disassemble or otherwise attempt to reduce Services to any human-readable form, prepare derivative works based upon Services, or use Services to develop any application having the same primary functions as Services.
  3. TERM AND TERMINATION
    1. Installatron, in its sole and absolute discretion and without liability to Licensee, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, in whole or in part, and such changes or modifications shall be effective 30 calendar days of posting to the Installatron website (this "Site").
    2. In the event that Installatron believes that Licensee has materially breached any obligations under this Agreement, or Licensee fails to enact changes or modifications to the Agreement, Installatron will notify Licensee of the breach. Licensee shall have 30 calendar days from receipt of the notice to cure the alleged breach and notify Installatron that cure has been effected. Installatron may terminate this agreement upon 30 calendar days notice to the Licensee if the Licensee commits any material breach of this Agreement that remains uncured during such notice period. Examples of material breach include but are not limited to non-payment of any amount when due and failure to prohibit access to Services by any non-licensed entity.
    3. Effect of Termination. Upon the termination of this Agreement for any reason, Installatron will be entitled to immediately cease providing Services to Licensee, Licensee will cease providing the Services to its customers, and all amounts due to Installatron will become immediately due and payable. Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement that by their nature survive termination will continue to apply.
  4. DATA PROTECTION
    1. Where you are a business, company or similar organization, to the extent that Installatron may Process Personal Data on your behalf in connection with the Agreement and (a) the Personal Data relates to individuals located in the EEA or (b) you are located in the EEA, the parties agree that Installatron will Process such Personal Data in accordance with the Data Processing Addendum set forth below. For the purposes of this section, the terms "Personal Data", "Process" and "EEA" have the meanings given in the Data Processing Addendum.
  5. SUPPORT
    1. Installatron shall have no obligation whatsoever to provide technical support for any issue unrelated to Services, including, but not limited to, problems caused by reliant software, such as DirectAdmin, cPanel/WHM, Plesk, Linux, Apache, or MySQL.
    2. Support for web applications installed by Installatron may be available directly from Installatron, however there are no guarantees because many issues are beyond Installatron's control and can only be resolved by the web application developer.
  6. INTELLECTUAL PROPERTY RIGHTS
    1. Installatron owns all right, title and interest, including all Intellectual Property Rights, in and to, (a) Services, (b) Trademarks, and (c) Installatron Usage Data (collectively, "Installatron Intellectual Property").
      1. No Implied License or Ownership. Nothing in this Agreement or the performance thereof, or that might otherwise be implied by law, will operate to grant you any right, title or interest, implied or otherwise, in or to Installatron Intellectual Property.
      2. Marks. Licensee agrees not to use any of Installatron's trademarks, trade names, service marks, corporate names or logos or those of its affiliates ("Marks") on any press release, advertising or marketing materials unless specifically authorized by Installatron. Licensee acknowledges that the use of the Marks is limited to the use set forth in this Agreement and that Licensee has not acquired and will not acquire any ownership rights therein. Licensee will not register or maintain any trademarks or domain names that are substantially similar to trademarks, domain names, or intellectual property owned by Installatron (or domain names confusingly similar thereto).
      3. No Contest. Licensee acknowledges and agrees that Installatron Intellectual Property is and shall remain the sole and exclusive property of Installatron, and Licensee agrees to never seek to contest Installatron's ownership or act in any manner that would or might compromise or otherwise affect the value of the Installatron Intellectual Property. Licensee agrees to notify Installatron in the event of becoming aware that any third party is, or may be, infringing the Installatron Intellectual Property.
      4. Proprietary Notices. Third party trademarks, trade names, product names and logos included in Services may be the trademarks or registered trademarks of their respective owners. Licensee may not remove or alter any copyright or other proprietary notice, legend, symbol or label in Services.
  7. NO SOLICITATION
    1. Licensee is prohibited from approaching Installatron's employees with proposals to hire them as Licensee's employees or contractors.
  8. WARRANTIES
    1. Installatron expressly reserves the right to deny, cancel or transfer Services that Installatron deems necessary, in its discretion, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Installatron, as well as its affiliates, subsidiaries, officers, directors and employees.
    2. THE SERVICES AND THE APPLICATIONS PROVIDED BY SERVICES ARE DELIVERED TO LICENSEE "AS IS" AND WITH ALL FAULTS. INSTALLATRON DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS LICENSEE MAY OBTAIN BY USING THE SERVICES. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO LICENSEE IN YOUR JURISDICTION, INSTALLATRON MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
    3. While Installatron is committed to improving the quality of Services provided over time, Licensee understands that functionality, features and contents of Services can change over time, and just because a functionality, feature, or content is offered at one time does not guarantee that it will always be available.
    4. Licensee hereby states that the information provided to Installatron is correct and truthful, and all payments made to Installatron are not fraudulent.
    5. The provisions of this Section shall survive the termination of this Agreement.
  9. LIMITATION OF LIABILITY
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTALLATRON WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, BUSINESS INTERRUPTION, OR FOR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING, WITHOUT LIMITATION, UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY) EVEN IF INSTALLATRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTALLATRON'S AGGREGATE LIABILITY FOR DIRECT DAMAGES, UNDER THIS AGREEMENT (CUMULATIVELY) SHALL BE LIMITED TO THE TOTAL FEES COLLECTED BY INSTALLATRON UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  10. INDEMNIFICATION
    1. You shall indemnify, defend and hold harmless Installatron and its directors, officers, staff, employees and agents and their respective successors, heirs and assigns and Installatron affiliates (and their directors, officers, staff, employees and agents and their respective successors, heirs and assigns) from and against any liability, damage, loss or expense (including reasonable attorneys' fees and expenses of litigation). You will pay any and all costs, damages, and expenses, including, but not limited to, attorneys' fees and costs awarded against or otherwise incurred by Installatron or it affiliates in connection with or arising from any such claim.
  11. PAYMENT
    1. Licensee shall pay Installatron the amounts set forth in Licensee's Pricing in accordance with the payment terms contained therein.
  12. ACTIVATION RESET
    1. All annual licenses purchased before the 10th of July 2004 will have their activation days reset to that date. This will mark the end of primary software development.
  13. MISCELLANEOUS
    1. Force Majeure. No party will be liable for any failure or delay in performance of any of its obligations hereunder if such delay is due to a force majeure event, including acts of God, fires, flood, storm, explosions, earthquakes, general Internet outages, acts of war or terrorism, riots, insurrection or intervention of any government or authority; provided, however, that any such delay or failure will be remedied by such party as soon as reasonably possible. Upon the occurrence of a force majeure event, the party unable to perform will, if and as soon as possible, provide written notice to the other parties indicating that a force majeure event occurred and detailing how such force majeure event impacts the performance of its obligations.
    2. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to the conflicts of laws principles thereof.
    3. No Third Party Beneficiaries. Notwithstanding anything to the contrary contained herein, neither the entities whose products Installatron’s Services purports to install, nor the customers of Partner, are intended to be third-party beneficiaries of this Agreement.
    4. Enforcement. Failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision will be effective only if in writing and signed by the parties hereto. The waiver of any breach of any provision will not constitute a waiver of any subsequent breach of the same other provisions hereof.
    5. Severability. If any provision is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
    6. Export Controls. The parties agree to comply fully with all Applicable Laws of the United States, or of any foreign government to or from where a party is shipping, to in connection with the import, export or re-export, directly or indirectly, of Services in connection with this Agreement.

Installatron Data Processing Addendum

Last Revised: May 24th, 2018

This Data Processing Addendum ("DPA") forms part of the Agreement or other written or electronic agreement between Installatron LLC and Licensee for the purchase of services from Installatron LLC (hereinafter defined as "Services") (the "Agreement") to reflect the parties' agreement with regard to the Processing of Personal Data. All capitalized terms not defined herein shall have the meaning set forth in the Agreement.

Please direct any questions or concerns to: support@installatron.com

  1. DEFINITIONS
    1. "Controller", "Data Subject", "Processor", "Processing", and "Supervisory Authority" have the meaning defined in the GDPR.
    2. "Personal Data" means your "personal data" as defined in the GDPR that Installatron processes on behalf of you in connection with your use of Services.
    3. "Data Protection Laws and Regulations" means the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 ("GDPR") and all laws and regulations applicable to the Processing of Personal Data under the Agreement.
    4. "Privacy Policy" means the Installatron Privacy Policy, as updated from time to time, and accessible at https://installatron.com/privacy or as otherwise made reasonably available by Installatron.
    5. "Security Incident" means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, any Personal Data.
    6. "Subprocessor" means any Processor engaged by Installatron.
  2. RIGHTS OF DATA SUBJECTS
    1. Independent Determination. Where applicable, and taking into account the nature of the Processing, Installatron will use reasonable endeavors to assist you by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligation to comply with your obligations under applicate privacy laws, including the GDPR.
    2. Confidentiality. Installatron will not disclose Personal Data to any government or any other third party, except as necessary to comply with the law or a valid and binding order of a law enforcement agency (such as a subpoena or court order).
  3. PROCESSING OF PERSONAL DATA
    1. Instructions for Data Processing. Processing of Personal Data will in accordance with your written instructions. The Agreement (subject to any changes agreed between the parties) and this DPA shall be your complete and final instructions to Installatron in relation to the Processing of Personal Data.
    2. Required consents. Where required by applicable Data Protection Laws and Regulations, Licensee will ensure that it has obtained/will obtain all necessary consents for the Processing of Personal Data by Installatron in accordance with the Agreement.
  4. SUBPROCESSING
    1. Authorized Subprocessors. You agree that Installatron may use Subprocessors to fulfill its contractual obligations under the Agreement. Installatron shall notify you from time to time of the identity of any new Subprocessors it engages. If you (acting reasonably) object to a new Subprocessor on grounds related to the protection of Personal Data only, you may request that Installatron move Personal Data to another Subprocessor and Installatron shall, within a reasonable time following receipt of such request, use reasonable endeavors to ensure that the original Subprocessor does not Process any Personal Data. If it is not reasonably possible to use another Subprocessor, and you continue to object for a legitimate reason, either party may terminate the Agreement upon 30 calendar days written notice. If you do not object within 30 days of receipt of the notice, you are deemed to have accepted the new Subprocessor.
    2. Subprocessor Obligations. Except as set out in the previous paragraph, Installatron shall not permit, allow or otherwise facilitate Subprocessors from Processing Personal Data without your prior written consent and unless Installatron (a) enters into a written agreement with the Subprocessor which imposes the same obligations on the Subprocessor with regard to their Processing of Personal Data as imposed on Installatron under this DPA and (b) will remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Subprocessor that cause Installatron to breach any of Installatron's obligations under this DPA.
  5. TRANSFER OF PERSONAL DATA
    1. .U.S. Based Processing. Personal Data will be transferred outside the European Economic Area ("EEA") and processed in the United States.
    2. You agree that Installatron may use Subprocessors to fulfill its contractual obligations under the Agreement. Installatron shall notify you from time to time of the identity of any new Subprocessors it engages. If you (acting reasonably) object to a new Subprocessor on grounds related to the protection of Personal Data only, you may request that Installatron move Personal Data to another Subprocessor and Installatron shall, within a reasonable time following receipt of such request, use reasonable endeavors to ensure that the original Subprocessor does not Process any Personal Data. If it is not reasonably possible to use another Subprocessor, and you continue to object for a legitimate reason, either party may terminate the Agreement upon 30 calendar days written notice. If you do not object within 30 days of receipt of the notice, you are deemed to have accepted the new Subprocessor.
    3. Prohibition on International Transfers. You acknowledge that Installatron or its Subprocessors may access Personal Data outside the European Economic Area and/or their member states, Switzerland and/or the United Kingdom.
  6. DATA SECURITY, ADUITS AND SECURITY NOTIFICATIONS
    1. Upon your reasonable request, Installatron will make available all information reasonably necessary to demonstrate compliance with this DPA.
    2. Security Incident. If Installatron becomes aware of a Security Incident, Installatron will without undue delay: (a) notify Licensee of the Security Incident; and (b) take reasonable steps to mitigate the effects and to minimize any damage resulting from the Security Incident.
    3. Employees. Installatron will treat Personal Data as confidential, and shall ensure that any employees or other personnel have agreed in writing to protect the confidentiality and security of Personal Data.
    4. Audit. You may exercise your right of audit under GDPR in relation to Personal Data, through Installatron providing an audit report prepared by an independent external auditor demonstrating that Installatron's technical and organizational measures are sufficient and in accordance with an accepted industry audit standard. You shall cover all costs incurred by Installatron in connection with any such audit.
  7. TERMINATION
    1. Return or Deletion of Personal Data. Licensee may be provided controls that may use to retrieve or delete Personal Data. Any deletion of Personal Data will be governed by the terms of the Agreement.
    2. This DPA will continue in force until the termination of Processing in accordance with the Agreement.
  8. CONTACT
    1. Questions, comments and requests regarding this Installatron Privacy Policy are welcome and should be addressed to our Data Privacy Officer and his team at support@installatron.com, or write to us at the following address:
      Installatron, Attn: Data Privacy Officer
      105 YATES ST, 1ST FLOOR
      MT HOLLY SPRINGS, PA 17065
      USA
© 2004 - 2018 Installatron LLC. All rights reserved.