# Professional Edition (PE) ***

Coming Soon!

EULA for appserver.io Professional Edition within Microsoft Azure

These license terms are an agreement between TechDivision GmbH, with its principle office located at Spinnereiinsel 3a, D-83059 Kolbermoor, Germany ("TechDivision or TD") and you. They apply to the software "appserver.io Professional Edition" running within Windows Azure ("Software") and any accompanying product or service, including but not limited to updates, supplements and support services.

By using the Software, you accept these terms. If you do not accept them, do not use the Software.

If you want to run appserver.io locally on your computer device there are 3 different options from which you will be able to choose: (1) There is a basic version of appserver.io which is already freely distributed under the OpenSourceLicense (OSL-3.0) via http://appserver.io/get-started/downloads.html and is named "appserver.io Community Edition". (2) The "appserver.io Professional Edition" is suited for small to medium businesses and comes with additional features and developer support.which is the one you're unsing right now within Windows Azure (3) The "appserver.io Enterprise Edition" is fit for medium to large businesses and comes with highend enterprise features such as clustering, farm deployment, etc... If you want to find out more about availability and features please visit www.appserver.io.

If you comply with these license terms, you have the rights below.

  1. INSTALLATION AND USE RIGHTS.
    1. Installation and Use. Subject to the terms and conditions of this agreement, TechDivision grants you a limited, non-exclusive, non-sublicensable, non-transferable license to use the Software within pre-installed images that you deploy in Windows Azure for your business operations, which may include providing services to third parties.
    2. Third-Party Programs. The Software includes various third-party programs and libraries created by a range of individuals, teams and companies, as specified in one or more third party notices included within the Software. Unless specified otherwise these third-party programs are freely distributed open source software and for every program applies the particular license as stated in the respective license file (often named license, readme or within the header). If you have any questions concerning licenses or copyright law, please feel free to contact us at info@appserver.io.
  2. SCOPE OF LICENSE. The Software is licensed, not sold. Nothing in this agreement shall be construed as transferring title to the Software to you or any other party. This agreement only gives you some rights to use the Software. TechDivision or its licensors retain all ownership and intellectual property rights to the Software. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this agreement.
    1. Use within Windows Azure. You may use the Software only within pre-installed images that you deploy and use in Windows Azure. You may not duplicate the Software. You may not transfer the Software to or use the Software on any other device or system, including but not limited to on-premises computing systems, other virtualized or cloud computing environments, or other Windows Azure virtual machines. If you are interested in any other uses, please visit www.appserver.io for more information or contact us at info@appserver.io.
    2. Redistribution and Third-Party Use. Only the legal entity that entered into this agreement is permitted to use the Software under this agreement. You may not assign, give, or transfer the Software or any interest in it to another individual or entity. If you grant any security interest in the Software to any third party, despite the foregoing restriction, the secured party shall have no right to use or transfer the Software. You may not rent, lease, or lend the Software or publish the Software for others to copy. You may not use the Software for timesharing, subscription service, hosting, or outsourcing. You may not make the Software available in any manner to any third party for use in the third party's business operations. Notwithstanding the foregoing, you may create web and cloud-based services that make use of or incorporate the Software and you may use or provide such services to third parties for any lawful purpose, provided that (i) your services add primary and significant functionality to the Software and (ii) you do not distribute the Software itself to any third parties as part of the services. You may also allow your agents or freelancers to use the Software on your behalf, provided that such use complies with the terms of this agreement and you agree to be responsible for any such agent's or freelancer's compliance with this agreement.
    3. Modifications and Technical Limitations. You may not work around any technical limitations in the Software. You may not modify the Software to remove or modify any program markings or any notice of TechDivision's or its licensors' proprietary rights.
  3. FUTURE AVAILABILITY OF THE SOFTWARE. TechDivision may discontinue providing updates to the Software or releasing new versions of the Software. You acknowledge and agree that you have not relied on the future availability of the Software or any related TechDivision services in using the Software.
  4. TERM AND EXPIRATION. Provided that you comply with the terms of this agreement, your right to use the Software will continue for as long as TechDivision or its licensors continue to offer the Software within Windows Azure. In the event that TechDivision or its licensors elect to discontinue offering the Software within Windows Azure, this agreement will terminate. TechDivision will provide at least thirty (30) days notice prior to any termination. TechDivision may terminate this agreement immediately in the event that you violate any terms of this agreement. Upon termination of this agreement, you must discontinue use of and destroy all copies of the Software, including any documentation.
  5. INTERNET-BASED SERVICES. TechDivision or its licensors may provide Internet-based services in connection with the Software. For example, TechDivision or its licensors may configure the Software to check occasionally for updates or supplements to the Software. TechDivision or its licensors may change or cancel such Internet-based services, if any, at any time.
  6. TRADEMARKS AND LOGOS. You acknowledge and agree that, as between you and TechDivision, TechDivision owns the appserver.io-trademark and all related trademarks, logos, and icons ("appserver marks"), including the curved as-logo and the ironhorse. You agree:
    1. To comply with the appserver.io Trademark Guidelines;
    2. Not to do anything harmful to or inconsistent with TechDivision's rights in the appserver marks; and
    3. To assist TechDivision in protecting those rights, including assigning to TechDivision any rights acquired by you in any appserver mark.
  7. SUPPORT SERVICES. First Level Support is provided by Windows Azure; TechDivision only provides support concerning installation and usage of the Software. If you want to develop apps based on appserver.io and you need any developement, support please apply for a partnership at http://appserver.io/partners.html or contact us at info@appserver.io for any consulting services.
  8. ASSIGNMENT. You may not assign this agreement to any other party. TechDivision may assign this agreement to any of its affiliates, legal sucessors or third parties.
  9. ENTIRE AGREEMENT; UPDATES TO AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services, and support services that you use, are the entire agreement for the Software and support services. We may update the terms of this agreement from time to time by posting an updated version in the Provisioning Portal. We will provide you with thirty (30) days notice prior to making any changes to the terms of this agreement. Following such notice period, continuing to run any version of the Software within Windows Azure will constitute your acceptance of the updated terms.
  10. APPLICABLE LAW. This agreement, including any claims for breach of it, will be governed by the laws of the Federal Republic of Germany, regardless of conflict of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods" (CISG).
  11. JURISDICTION. Place of fulfillment and venue for any and all litigation arising out of or in connection with this agreement shall be Munich, Germany.
  12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
  13. DISCLAIMER OF WARRANTY. The Software is licensed "as-is." You bear the risk of using it. TechDivision gives no express warranties, guarantees, or conditions. You may have additional consumer rights or statutory guarantees under your local laws that this agreement cannot change. To the extent permitted under your local laws, TechDivision excludes all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. FOR AUSTRALIA - You have statutory guarantees under the Australian Consumer Laws, and nothing in these terms is intended to affect those rights. Same applies for the European Union (EU).
  14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. For any claim arising in connection with this agreement, you can recover from TechDivison only direct damages up to U.S. $500. You cannot recover from TechDivision any other damages, including consequential, special, indirect, punitive, incidental, or damages based on any loss of profits, revenue, data, or data use arising from or relating to the Microsoft Windows Azure platform and the use of the Software.

This limitation applies to anything related to the Software, services, content (including code) on third-party Internet sites, or third-party programs; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if TechDivision knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential, or other damages.