License Terms and Conditions
Software License Agreement – License Terms & Conditions
TRANSEND grants to the user a nonexclusive license to use Transend Migration Console (“Software”) solely for Licensee’s business purposes. Licensee may not reproduce the software or make any modification or derivation thereof, either alone or in conjunction with any other product or program without Transend’s written consent.
Unless specifically modified by a separate document, this license grants Licensee the right to migrate up to the number of electronic user mailboxes for which licenses were purchased. The software may not be used by, or on behalf of, more than that number of user mailboxes.
TRANSEND SOFTWARE IS PROVIDED TO LICENSEE “AS IS.” TRANSEND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO TRANSEND SOFTWARE AND/OR ASSOCIATED MATERIALS PROVIDED TO LICENSEE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. TRANSEND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, TRANSEND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR ANY DOCUMENTATION PROVIDED THEREWITH IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRANSEND OR A TRANSEND AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. ALL TRANSEND PRODUCTS ARE AVAILABLE FOR DOWNLOAD ON A TRY-BEFORE-YOU-BUY BASIS. TRANSEND PROVIDES A FREE TRIAL OF THE SOFTWARE TO LET YOU FULLY EVALUATE OUR PRODUCTS BEFORE MAKING A PURCHASE DECISION. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE SOFTWARE.
TRANSEND WILL WORK AS FAST AS POSSIBLE TO FIX ANY PRODUCT DEFECTS, INCLUDING, BUT NOT LIMITED TO, DATA INTEGRITY ISSUES, CHARACTER SET ISSUES, AND ANY OTHER BUGS DISCOVERED BY THE LICENSEE. TRANSEND WILL ACT IN GOOD FAITH AND WORK WITH LICENSEE TO ADDRESS ANY PRODUCT USAGE ISSUES.
LIMITATION OF LIABILITY — TRANSEND AND ITS LICENSORS ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
For license verification purposes, Transend uses a call home approach over the internet to validate proper license usage. This process entails connecting to the Transend License Server (over the internet) to ensure the license key is being used within compliance guidelines. The only data that is collected and stored on the Transend Licensing Server is: (1) source email address being migrated, (2) machine name (Host) and IP address of the migration workstation and (3) date of the migration.
Transend does not share, sell or make available to any third parties any of the information that is stored on the Transend License Server. To prevent unauthorized access, and to maintain data security, Transend has put in place appropriate physical, electronic, technological and legal procedures to safeguard and secure the collected information.
Copyright © 2020 by TRANSEND Corporation. All rights reserved. 225 Emerson St., Palo Alto, CA 94301.