Article 1. DEFINITIONS was revised. Some definitions were amended, such as: “Agreement”, “Application”, “Confidential Information”, “Delivery Date”, “License Fee”, “License Model”, “Validity Period”, “Flexmonster Component”, etc., and new ones were added, such as: “Fees”, “Licensee”, “License Key”, “Maintenance”, “Maintenance Period”, “Maintenance Renewal Price”, “Open-Source Components”, “Proprietary Code”, “Support”, etc.
Article 2. SCOPE OF AGREEMENT was revised to consider additional regulations regarding granting Trial License or any license under the respective Commercial License Model. A clause on the provision of licenses to U.S. Government Licensees, clients, and/or end-users was added.
Article 3. GRANT OF LICENSE. LICENSE MODELS was revised to consider additional regulations regarding granting Trial License or any license under the respective Commercial License Model. A clause about Trial License was added. Clauses related to the renewal of Annual licenses were modified.
Article 4. RESTRICTIONS was revised to consider additional provisions regarding granting Trial License, use of Proprietary Code, export/re-export restrictions, and Licensee’s guaranties related to sanction and/or other trading compliance restrictions.
Article 5. MAINTENANCE was revised to consider additional regulations regarding granting a license under the respective Commercial License Model and provisioning of related Maintenance. New clauses about Updates and Feedback and provisions related to the renewal of Maintenance Period of Perpetual license were added.
Article 6. PAYMENTS was revised, and the payment term “in advance” was stipulated. Licensee’s obligation to cover all related taxes, bank costs, etc., related to the payment of Fees under Agreement was added, as well as the clause regulating Licensee’s default on payments and overdue payments.
Article 7. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS provisions regulating open-source licenses were added. Annex No. 1 (Open-Source Components) now accompanies Agreement.
Article 8. CONFIDENTIALITY was revised to include prescribed mutual obligations of Parties.
Article 9. APPLICABLE LAW was revised, and it was added that the United Nations Convention for the International Sale of Goods or any successor to it does not apply to Agreement.
Article 10. WARRANTY was amended, and provisions related to exclusions of Flexmonster’s certain warranties or undertakings related to Flexmonster Software were added.
Article 11. INDEMNIFICATION was added to regulate mutual indemnification obligations of Flexmonster and Licensee.
Article 12. LIMITATIONS OF LIABILITY had editorial changes.
Article 13. DATA AND DATA PROTECTION was added to regulate Flexmonster compliance with its privacy policy, stipulate provisions about data collection and protection, the process of technical and related information about Licensee’s use of Flexmonster Software, etc.
Article 14. SUSPENSION AND TERMINATION was revised, and provisions related to the automatic termination of Agreement and the consequences of termination of Agreement were added.
Article 15. NOTICES was revised. The terms “Notice” and “Business Day” are defined now.
Article 16. ASSIGNMENT was revised.
Article 17. WAIVER was added.
Article 18. PUBLICITY was added to allow Flexmonster to publicly identify Licensee as a customer and user of Flexmonster Software.
Article 19. MODIFICATIONS was added to regulate modifications to Agreement.
Article 20. MISCELLANEOUS was revised, and provisions related to the entirety of Agreement and the incorporation of additional terms or conditions were added.
The modified version of Flexmonster Software License Agreement is available here.
Downloading, installing, and/or continuing to use Flexmonster Software after September 30, 2024, constitutes Licensee’s acceptance of the terms and conditions of the modified version of Flexmonster Software License Agreement. If Licensee does not agree to any of these terms and conditions, they must cease using Flexmonster Software and must not download, install, use, access, or continue to access Flexmonster Software. By continuing to use Flexmonster Software or renewing the license under License Model or Maintenance after the effective date of any modifications to Agreement, Licensee accepts and agrees to be bound by the terms and conditions of the modified Agreement.
asked on August 31, 2017
