Axigen EULA Archive

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Software Product: Axigen Mail Server
Copyright since 2001 © Axigen Messaging SRL. All rights reserved.
Axigen is a trademark of Axigen Messaging SRL (Axigen Messaging)

Axigen Messaging is the owner of this Software Product.

The Software Product and services are sold under the terms of a license. This gives you, as an end customer, the right to install and use the product under the terms and conditions expressed in the End User License Agreement (EULA).

The EULA constitutes an agreement between you and Axigen Messaging and it settles the terms, conditions, and limits of your use over the Software Product described below.

By downloading, installing, copying, accessing, or using in any other way the Software Product, you fully agree to the EULA.

1. Definitions

Software Product

Axigen Mail Server and the related documentation, manuals, any other associated media or printed materials or any copies therein, and, if the case, related Add-ons as defined below which were expressly requested upon extra cost.

Software Product License

The permission to use the Software Product in accordance with the version/ edition acquired and the terms and conditions under this EULA (see Section 2 herein for details and exceptions).

Purchase Date

Shall be the day in which a confirmation notice is issued electronically to you by Axigen Messaging, containing the details of your Software Product purchase.

Starting Date

The license granted by this EULA commences on the date that you install, copy or otherwise first use the Software Product but no later than 1 (one) month after the Purchase Date. The license shall be either Perpetual or Yearly, as defined below.

Authorized Partner

Axigen Messaging’s resellers, distributors or other business partners.

Mailboxes/ Users

For the purpose of determining the size of the Software Product License, this is the total number of mailboxes – also referred to as "users" - which you can define at server level. This is also equal to the sum of Premium and Basic Users offered per each license type and pack.

Premium Users

The number of Premium Mailboxes/ Users in the Software Product License, offering access to a specific set of Software Product features and Add-ons (see Section 2 herein for details and exceptions).

Basic Users

The number of Basic Mailboxes/ Users included in the Software Product License, offering access to a limited set of Software Product features (see Section 2 herein for details and exceptions).

User Groups

Email addresses associated with one or more Mailboxes for distribution. You can define as many user groups as the total number of Mailboxes/ Users offered with the Software Product License (e.g. a 200 mailbox license allows you to define 200 user groups).

Aliases

These are alternate email addresses for mailboxes. You can define maximum 256 aliases per each mailbox in your Software Product License.

Mailing Lists

You can define as many mailing lists as the total number of Mailboxes/ Users in the Software Product License, each of them having a reference mailbox (e.g. for a 200 mailbox license you can define 200 lists, each having 200 email addresses).

Domains

Even though not limited from the Software Product, the maximum number of domains you can define cannot exceed the maximum number of Mailboxes specified in the Software Product License.

Servers

Refers to the maximum number of machines on which the Software Product will run, according to this Software Product License (see Section 2 herein for details and exceptions). Additional Servers, for back-up/ testing, etc. purposes, are also available, upon express request and extra costs.

The total number of unique Users defined on all the machines having the Software Product installed in one location cannot be higher than the total number of Mailboxes offered in the Software Product License.

Locations

This is the maximum number of locations where the Software Product will run, according to this Software Product License; single Location, by default; multiple Locations, available on upon express request and extra costs under the form of another License for each Location.

Perpetual License

By purchasing a Software Product either from Axigen Messaging or from an Authorized Partner with a perpetual license, you are entitled to use that specific version of the acquired product for an unlimited period of time. The Perpetual License will also include a year of Software Maintenance as of the Starting Date.

Yearly License

By purchasing a Software Product with a yearly license either from Axigen Messaging or from an Authorized Partner, you are entitled to use the Software Product and the functions offered by the acquired optional Add-ons (if any) for a period of 12 months as of the Starting Date. The Yearly License includes Software Maintenance during the 12 months of its commercial validity.

The Software Product License, Software Maintenance and Technical Support, as well as any additional optional Add-on(s) related to the Software Product, if the case, shall NOT automatically extend, but only be subject to renewal as per Section 4 herein.

Core Features

Core Features refer to the features included in all the Software Product Licenses, described in each product page on our website.

Add-ons

Software Product features or third-party software offered as optional add-on for the Software Product, for additional fees, and/ or special terms set by Axigen Messaging and/ or third-party partners. All the Software Product features are described in the Axigen features page (https://www.axigen.com/mail-server/features/) on our website.

Technical Support

Refers to the technical assistance/ guidance services ensured by Axigen Messaging or an Authorized Partner certified to provide Technical Support for the Software Product. All the available Technical Support options are described in the Axigen Technical Support page (https://www.axigen.com/support/) on our website.

Software Maintenance

The service that ensures the access to eventual Version/ Volume/ Edition upgrades or downgrades only for the Software Product acquired. Software Maintenance is included in all the Technical Support options available.

Renewal

Extending the period for which the Software Product License, Software Maintenance, Technical Support or additional optional Add-on(s) related to the Software Product were initially acquired. NO such period shall automatically extend, but only subject to Renewal as per Section 4 herein.

Software Product List Price

Refers to the cumulated values of the Software Product License pack (i.e. the number of acquired Premium Users) and the available proprietary-technology Add-ons selected at the time of the initial acquisition.

Privacy Policy

Your privacy is very important to us. The Privacy Policy indicates the terms, conditions and grounds for which information might be collected when using the Software Product or accessing our WebSite. See more on our WebSite: https://www.axigen.com/legal/privacy-policy/.

2. Licensing Per Product

2.1. Free Versions

2.1.1. Axigen Free Mail Server

The Axigen Free Mail Server license is available only as a Yearly License, at no charge, as part of a time-limited promotional offer (see the Axigen Free Mail Server page on our WebSite: https://www.axigen.com/mail-server/free/).

  • Mailboxes: The total number of unique users defined on any server having the Software Product installed in one location cannot be higher than the total number of Mailboxes/ Users specified in the license.
  • Premium Users: They have access to the Core Features, Personal Organizer, and Groupware. They also have access to optional Premium add-ons. Any of the current available Premium add-ons can only be acquired once for each License. The number of Premium Users cannot be increased; the prices of Premium Add-ons depend on the specific Premium features included in the pack (see the available "Premium Add-ons for Axigen Free Mail Server" in the Axigen online store: https://www.axigen.com/buy/);
  • Domains: You can define as many Domains as needed, but the number of Domains cannot exceed the maximum number of Mailboxes/ Users.
  • Mailing Lists: You can define as many Mailing Lists as needed, but the number of Mailing Lists cannot exceed the maximum number of Mailboxes/ Users.
  • Servers: You are allowed to use Axigen Free Mail Server on one Server only.
  • Locations: You are allowed to use Axigen Free Mail Server in one Location only.
  • Software Maintenance is included.
  • Technical Support is not included but it is available as a Premium Add-on (please see: https://www.axigen.com/buy/).

2.1.2. Axigen Mail Server Trial Version - Evaluation License And Registration

This Trial Version of the Software Product is strictly restrained to a determined and limited period of 30 days. This grants you the non-exclusive and non-transferable right to install and use Evaluation Version of the Software Product on one computer only, for evaluation purposes only, and doesn’t impose any restrictions regarding the number of Mailboxes, Domains, and Locations.

2.2. Commercial Editions

2.2.1. Axigen Messaging for Businesses (Axigen Business Messaging)

The Axigen Business Messaging License packs are available both as Yearly and Perpetual Licenses; their prices depend on the number of Premium Users offered per pack (see the Business Messaging price list on our online store: https://www.axigen.com/buy/).

  • Mailboxes: The total number of unique users defined on all the servers having the Software Product installed in one Location cannot be higher than the total number of Mailboxes/ Users specified in the Software Product License. This is also equal to the sum of Premium Users and Basic Users offered with the Software Product License pack.
  • Basic Users: They have access to the Core Features.
  • Premium Users: They have access to the Core Features, Personal Organizer add-on, and Groupware add-on. Optional Add-ons are also available.
  • Domains: You can define as many Domains as needed, but the number of Domains cannot exceed the maximum number of Mailboxes/ Users.
  • Mailing Lists: You can define as many Mailing Lists as needed, but the number of Mailing Lists cannot exceed the maximum number of Mailboxes/ Users.
  • Servers: You are allowed to use the Axigen Business Messaging License on one Server by default; three (3) additional Servers (gateway/ backup/ front-end/ back-end) are available on request and upon additional costs.
  • Locations: You are allowed to use the Axigen Business Messaging License pack in only one Location. Multiple Locations are available on request and upon extra costs under the form of another License for each Location.
  • Technical Support: FIRsT Support, containing Software Maintenance, included only for the first year, as of the Starting Date. Other technical support packs are also available on request and upon additional costs (please see the Axigen technical support page: https://www.axigen.com/support/).

2.2.2. Axigen Messaging for Service Providers (Axigen Service Provider Messaging)

The Axigen Service Provider Messaging License packs are available as Yearly or Perpetual Licenses; their prices depend on the number of Premium Users in the pack (see the Service Provider Messaging price list on our online store: https://www.axigen.com/buy/).

  • Mailboxes: The total number of unique users defined on all servers having the Software Product installed in one Location cannot be higher than the total number of Mailboxes/ Users specified in the Software Product License. This is also equal to the sum of Premium Users and Basic Users offered with the Software Product License pack.
  • Basic Users: They only have access to the Core Features and WebMail, included free of charge for all the available licensing packs. The number of Basic Users equals the number of Premium Users in the purchased licensing pack.
  • Premium Users: They have access to the Core Features, WebMail, and Personal Organizer Add-on. Optional add-ons are also available.
  • Large Scale Solution Add-on: included by default
  • Domains: You can define as many Domains as needed, but the number of Domains cannot exceed the maximum number of Mailboxes/ Users.
  • Mailing Lists: You can define as many Mailing Lists as needed, but the number of Mailing lists cannot exceed the maximum number of Mailboxes/ Users.
  • Servers: Additional Servers (gateway/ backup/ front-end/ back-end) are provided free of charge for all available licensing packs starting with 15,000 Premium Users. Licensing packs under 15,000 Premium Users are granted free of charge as default to 3 (three) licensed servers (gateway/ backup/ front-end/ back-end). Other additional (gateway/ backup/ front-end/ back-end) servers are also available, on request and upon additional costs.
  • Locations: You are allowed to use the Service Provider Messaging License pack in only one Location. Multiple Locations are available on request and upon additional costs under the form of another License for each Location.
  • Technical Support: FIRsT Support, containing Software Maintenance, included only for the first year, as of the Starting Date. Other Technical Support packs are also available on request and upon additional costs (please see the Axigen technical support page: https://www.axigen.com/support/).

2.2.3. Axigen Messaging for Non-Profit Organizations (Axigen Non-Profit Messaging)

The Axigen Non-Profit Messaging licensing packs are available only as perpetual licenses; their prices depend on the number of Premium Users in the pack and can be acquired only upon official written statement from the beneficiary (the price list is not public, containing special discounts included).

  • Mailboxes: The total number of unique users defined on all Servers having the Software Product installed in one location cannot be higher than the total number of Mailboxes/ Users specified in the Software Product License. This is also equal to the sum of Premium Users and Basic Users offered with the Software Product License pack.
  • Basic Users: They have access to the Core Features and WebMail, included free of charge for all the available licensing packs. The number of Basic Users equals the number of Premium Users in the purchased licensing pack).
  • Premium Users: They have access to Core Features, WebMail, Personal Organizer, and Groupware Add-ons included by default. Optional Add-ons are also available.
  • Large Scale Solution Add-on: included by default
  • Domains: You can define as many Domains as needed, but the number of Domains cannot exceed the maximum number of Mailboxes/ Users.
  • Mailing Lists: You can define as many Mailing Lists as needed, but the number of Mailing Lists cannot exceed the maximum number of Mailboxes/ Users.
  • Servers: Additional Servers (gateway/ backup/ front-end/ back-end) are provided free of charge for all available licensing packs starting with 10,000 Premium Users. Licensing packs under 10,000 Premium Users are granted free of charge as default to 3 (three) licensed Servers (gateway/ backup/ front-end/ back-end). Other additional (gateway/ backup/ front-end/ back-end) Servers are also available, on request and upon additional costs.
  • Locations: You are allowed to use the Non-Profit Messaging License pack in only one Location. Multiple Locations are available on request and upon additional costs under the form of another License for each Location.
  • Technical Support: FIRsT Support, containing Software Maintenance, included only for the first year, as of the Starting Date. Other Technical Support packs are also available, on request and upon additional costs (please see the Axigen technical support page: https://www.axigen.com/support/).

NOTE: With respect to all Software Product License versions above, special offers may have additional terms, conditions, or restrictions that are not specified on our online store. For further information on these offers or Software Product upgrades, please get in touch with us (https://www.axigen.com/about-us/contact-form/sales/) or one of our local partners (https://www.axigen.com/mail-server/locate-partner/).

3. Upgrades

3.1. Upgrading To A Newer Version Of The Software Product

The version upgrade is free of charge for the same Software Product, feature set, and License configuration as long as you have an active Software Maintenance subscription. It contains all available patches for currently supported versions, as well as new Core Features described in the Axigen product release page on our website (https://www.axigen.com/press/release-notes/).

The version upgrade does not extend the validity of your Software Product License period, Technical Support, Software Maintenance, or any third party Add-on subscription on your Software Product License.

3.2. Upgrading To More Mailboxes, Servers, And Locations

The volume upgrade is performed upon order, by requesting the desired upper Premium Users Licensing pack. The upgrade value is charged as the difference between the present list value of the old Software Product License and the Software Product License value. The result is the upper Software Product License pack (upgraded Software Product License) that includes the new limit on Software Product License parameters (e.g. Mailboxes, Locations, etc.), as ordered.

Any Axigen proprietary-technology Add-on (e.g. Personal Organizer, Groupware, Additional Servers, etc.) price is calculated at the official Axigen price-list value of the Software Product License for which it will be ordered, at the time the order is submitted.

Increasing the number of Basic Users on a specific Software Product License pack is available through optional Add-ons, on request and upon extra costs.

Increasing the number of licensed Servers (gateway/ backup/ front-end/ back-end) on a specific Software Product License pack is available through optional Add-ons, on request and upon extra costs.

Licensing additional Locations for a specific Software Product License pack is available on request and upon extra costs under the form of another License for each Location.

The volume upgrade does not extend the validity of your Software Product License period, Technical Support, Software Maintenance or any third party Add-on subscription on your Software Product License.

Volume downgrades are also available free of charge only at the end of each Yearly License, on the Renewal date.

Licenses without active Software Maintenance are not subject to upgrades.

3.3. Upgrading To More Features

The feature upgrade is performed upon order, by requesting the desired Add-on pack with the current price list value (please see https://www.axigen.com/buy/); the upgrade fee is applicable on the existing license volume parameters (e.g. Mailboxes, Servers, etc.).

The feature upgrade is available only during a valid Software Maintenance subscription. It is also considered for subsequent subscription calculation.

The feature upgrade does not extend the validity of your Software Product License period, Technical Support, Software Maintenance, or any third party Add-on subscription on your License.

3.4. Upgrading From Yearly to Perpetual

After 3 years of Yearly License period you may choose the buy-out option to a Perpetual License plan against a final yearly fee equal to the 4th year of Yearly License, considering all volume or feature upgrades and/ or downgrades required at the ordering moment.

Switching to a Perpetual License earlier than 3 years of Yearly License will qualify you to a special discount for the ordered Perpetual License – for further information please get in touch with us (https://www.axigen.com/about-us/contact-form/sales/) or one of our local Authorized Partners (https://www.axigen.com/mail-server/locate-partner/).

After switching to the Perpetual License through the 3 years buy-out option or through an earlier switch to a Perpetual License, the Perpetual License notes and terms are applicable.

4. Renewal

4.1. Yearly Licenses

Each Yearly License along with Add-ons related to the Software Product, Technical Support, and Software Maintenance will expire in 12 (twelve) monts as of the Starting Date, namely on the shown expiry date at 00:00:00 (GMT) hour. For overcoming service downtime, we recommend renewing the Software Product License at least one week before the indicated expiry date.

To find out the price of renewing your Yearly License, which practically means a new acquisition, please visit the Axigen online store (https://www.axigen.com/buy/) and select your currently used Software Product License pack (number of Premium Users). Proprietary technology Add-ons, as well as any third-party optional Add-ons acquired along with the Software Product License initially have also expressly been taken into consideration for the Renewal.

Software Maintenance and Technical Support services can only be ensured for the latest 2 (two) Software Product version releases; only the current major Software Product version and the one preceding it are supported.

4.2. Perpetual Licenses

If the Software Maintenance and Technical Support subscription (including Software Maintenance) Renewal is not ordered before your current subscription's expiration, a new Software Product License has to be purchased so that you can once again have access to such services. A 3 (three) months grace period from your Software Maintenance expiry date is however granted for you to purchase the subscription Renewal. Ordering the subscription Renewal within the grace period will practically extend your current subscription with 12 months from its expiration date.

When calculating the price for Renewal, the Software Product List Price shall be considered, namely the sum between the Software Product License pack and the available proprietary technology Add-ons selected at the time of the initial acquisition. The available proprietary Add-ons are:

  • Personal Organizer Add-on (PO)
  • Groupware Add-On (GW)
  • Large Scale Solution Add-On (LSS)
  • Extra Basic Users Add-on
  • Mass Basic Users Add-on
  • Extra Servers Add-on

At Renewal, each Add-on adds an extra cost to the licensing pack price list, as follows:

  • Personal Organizer (PO: Included for Premium Users in all Product Editions)
  • Groupware Add-On (GW: 30%)
  • Large Scale Solution Add-On (LSS): 30%
  • Extra Basic Users Add-On: 40%
  • Mass Basic Users Add-On: 100%
  • 1 (one) Extra Server Add-On: 25%

Example: A 3,000 Premium Mailboxes Axigen Service Provider Messaging (perpetual) License has a price list of 7,030 EUR. If acquired with GW, the Software Product is 7,030 EUR x 130% = 9,139 EUR

Software Maintenance and Technical Support services can only be ensured for the latest 2 (two) Software Product version releases; only the current major Software Product version and the one preceding it are supported (i.e. are eligible for receiving Technical Support and Software Maintenance). Therefore, to continue having access to Software Maintenance and Technical Support, you need to periodically update the Software Product you acquired through a Perpetual License.

4.2.1. Software Maintenance

To find out the price of renewing your yearly Software Maintenance, please follow these steps:

  • visit the Axigen online store (https://www.axigen.com/buy/) and select your currently used Software Product License pack, that is the number of Premium Users
  • add the proprietary technology Add-ons initially acquired to obtain the Software Product List Price
  • compute the yearly fee for the Software Maintenance yearly subscription Renewal as 15% from the Software Product List Price

Example: A 1,500 Premium Mailboxes Axigen Service Provider Messaging (perpetual) License has a price list of 5,228 EUR. If acquired with PO, the Software Product List Price is 5,228 EUR x 130% = 6,796.4 EUR. The Software Product yearly subscription renewal is 6,796.4 EUR x 15% = 2038.92 EUR.

Example: A 250 Premium Mailboxes Axigen Business Messaging (perpetual) license has a price list of 2,130 EUR. If acquired with LSS, the Software Product List Price is 2,130 EUR x 120% = 2,556 EUR. The Software Maintenance yearly subscription renewal is 2,556 EUR x 15% = 383.4 EUR.

4.2.2. Technical Support

Any Technical Support subscription can be purchased for a maximum period of 3 (three) years in advance. For further information on these costs please get in touch with us (https://www.axigen.com/about-us/contact-form/sales/) or one of our local partners (https://www.axigen.com/mail-server/locate-partner/).

Each version of Technical Support includes Software Maintenance.

4.2.2.1. FIRsT Support Renewal

More details on the services covered by FIRsT Support are available on our website, in the Axigen Technical Support page (https://www.axigen.com/support/). To find out the price of renewing your yearly FIRsT Support subscription, please follow these steps:

  • visit the Axigen online store (https://www.axigen.com/buy/) and select your currently used licensing pack, that is the number of Premium Users
  • add the proprietary technology add-ons initially acquired to obtain the Software Product List Price
  • compute the yearly fee for the FIRsT Support yearly subscription Renewal as 22% from the Software Product List Price

Example: A 3,000 Premium Mailboxes Axigen Service Provider Messaging (perpetual) License has a price list of 7,030 EUR. If acquired with GW, the Software Product List Price is 7,030 EUR x 130% = 9,139 EUR. The FIRsT Support yearly subscription renewal is 9,139 EUR x 22% = 2010.58 EUR.

Example: A 250 Premium Mailboxes Axigen Business Messaging (perpetual) License has a price list of 2,130 EUR. If acquired with LSS, the Software Product List Price is 2,130 EUR x 120% = 2,556 EUR. The FIRsT Support yearly subscription renewal is 2,556 EUR x 22% = 562.32 EUR.

4.2.2.2. Premium Support Renewal

More details on the services covered by Premium Support are available on our website, in the Axigen Technical Support page (https://www.axigen.com/support/). To find out the price of renewing your yearly Premium Support subscription, please follow these steps:

  • visit the Axigen online store (https://www.axigen.com/buy/) and select your currently used licensing pack, that is the number of Premium Users
  • add the proprietary technology add-ons initially acquired to obtain the Software Product List Price
  • compute the yearly fee for the Premium Support yearly subscription renewal as 30% from the Software Product List Price

Example: A 1,500 Premium Mailboxes Axigen Service Provider Messaging (perpetual) License has a price list of 5,228 EUR. If acquired with PO, the Software Product List Price is 5,228 EUR x 130% = 6,796.4 EUR. The Premium Support yearly subscription renewal is 6,796.4 EUR x 30% = 2038.92 EUR.

Example: A 250 Premium Mailboxes Axigen Business Messaging (perpetual) License has a price list of 2,130 EUR. If acquired with LSS, the Software Product List Price is 2,130 EUR x 120% = 2,556 EUR. The Premium Support yearly subscription renewal is 2,556 EUR x 22% = 562.32 EUR.

4.2.3. Third Party Optional Add-ons

All the Third Party Optional Add-ons initially acquired along with the Software Product License should be also be taken into account for Renewal.

The Third Party Optional Add-on licenses are generally independent of the proprietary technology licenses.

These Third Party Optional Add-ons are licensed under the form of yearly subscriptions, and have independent expiry dates. Any of the currently available Third Party Optional Add-ons can only be acquired once for the same Software Product License, but can be volume upgraded at any time, without subscription validity extension, according to the licensing options available for the specific Add-on.

To find out the price of renewing a yearly Third Party Optional Add-on, which practically means a new acquisition, please visit the Axigen online store (https://www.axigen.com/buy/) and select your currently used Third Party Optional Add-on pack, that is the number of premium users acquired.

4.2.4. Third Party Add-ons for NFPs

If the End-Customer is a Non-For-Profit Organization, holding an Axigen Non-Profit Messaging License, a 20% discount is automatically applied for Third Party Optional Add-ons.

Example: A 10 Premium Mailboxes ActiveSync Add-on License has a price list of 73.80 EUR. The yearly subscription renewal calculation is the following: 7.38 EUR x 10 Mbxs x 80% = 59.04 EUR

Example: A 500 Premium Mailboxes CYREN AntiSpam Add-on License has a price list of 1,100 EUR. The yearly subscription renewal calculation is the following: 1,100 EUR x 80% = 880 EUR.

NOTE: The figures used in the examples herewith presented are not to be considered with commercial value, as any renewal quote is calculated with list-price values at the time when you are ordering a renewal.

5. Refund Policy

Any order submitted to Axigen Messaging or its partners for any of the listed products and/ or services, and/ or 3rd-party modules is usually processed before 48 (forty-eight) working hours from the receipt moment, but not earlier than 5 (five) working hours from the same moment.

All purchases ordered from Axigen Messaging or its Authorized Partners are Final once the submitted orders are processed and the involved License Key has been sent to the End-User (Customer/ Beneficiary). The End-Customer can request an order cancelation immediately after the afferent order receipt moment, no later than 5 (five) hours from the same moment. Order cancelations or refund requests received later than 5 (five) hours from the afferent order receipt moment will not be honored by Axigen Messaging, and the paid amount involved shall therefore not be returned to the End-Customer.

According to our Product License we freely make available a 30 (thirty) days Trial/ Evaluation Version for a fully-featured (proprietary technology) Software Product License with all the 3rd-party integrated modules enabled, as well as full access to a complex online resources base and public forum. During the testing time-frame, the End-Customer should be able to evaluate the Software Product before purchase and ensure that this or any afferent third party integrated modules meet the needs and technical expectations.

For downloading the Axigen Messaging 30-Day Evaluation Version, please follow the link below: https://www.axigen.com/mail-server/download/#license=trial

6. Limited Use

Axigen Messaging is the owner of the Software Product. By acquiring a Software Product License from Axigen or one of its Authorized Partners you are entitled to use the Software Product, as per the related License pack and in accordance with this EULA.

Any other use that exceeds the terms of this EULA in any way (unauthorized upgrades/ updates or distribution of the Software Product, creating derivative products, etc.) shall represent a breach of Axigen’s ownership rights over the Software Product and entitles Axigen to recover any related damages.