Hesk v3.2.0
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Luke Tainton
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<p><b>Notice:</b> The latest version of this agreement is published at <a href="https://www.hesk.com/eula.php" target="_blank">HESK.com EULA webpage</a></p>
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</div>
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<h1>HESK Software End User License Agreement</h1>
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<p>This End-User License Agreement (EULA) is a legal agreement between either an individual or a legal entity or association intending to use the Software ("You" or "Customer") and HESK.COM. By installing, copying, or otherwise using the Software, You represent, warrant, and agree that You have read, understood, and agree to be bound by the terms of the EULA. If You do not agree to be bound by the EULA, or You do not have the authority to bind the Customer to the EULA, You may not use the Software.</p>
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<p>This End-User License Agreement (EULA) is a legal agreement between either and individual or a legal entity or association intending to use the Software ("You" or "Customer") and HESK.COM. By installing, copying, or otherwise using the Software, You represent, warrant, and agree that You have read, understood, and agree to be bound by the terms of the EULA. If You do not agree to be bound of the EULA, or You do not have authority to bind Customer to the EULA, You may not use the Software.</p>
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<h2>1. Definitions</h2>
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<p><b>"Copyright headers"</b> means a written copyright notice by HESK.COM located in Software source code and normally not visible to Web Users.</p>
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<p><b>"HESK.COM"</b> ("Author", "We", "Us") means Klemen Stirn, the author and copyrights owner of the Software, his employees, representatives and contractors.</p>
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<p><b>"HESK.COM"</b> ("Author", "We", "Us") means Klemen Stirn, the founder and copyrights owner of the Software, his employees, representatives, and contractors.</p>
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<p><b>"License Key"</b> means the key that is used to activate special Software functions, such as the removal of Powered by links, in one or more installed copies of Software.</p>
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<h2>3. Conditions and Limitations</h2>
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<p><b>Distribution.</b><br />
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<p><b>Distribution.</b><br>
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Obtain permission before redistributing this Software over the Internet or in any other medium.</p>
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<p><b>Separation of Components.</b><br />
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<p><b>Separation of Components.</b><br>
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The Software is licensed as a single product. Its component parts may not be separated for other use.</p>
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<p><b>Software Transfer.</b><br />
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<p><b>Software Transfer.</b><br>
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You may permanently transfer all of Your rights under this EULA, provided the recipient agrees to the terms of this EULA.</p>
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<p><b>Source code</b><br />
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Using the Software source code, in part or full, to create derivative work, new softwares or products is expressly forbidden. Under no circumstance is the removal of Copyright headers from the Software source code permitted.</p>
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<p><b>Source code</b><br>
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Using the Software source code, in part or full, to create derivative work, new software, or products is expressly forbidden. Under no circumstance is the removal of Copyright headers from the Software source code permitted.</p>
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<p><b>Termination.</b><br />
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Without prejudice to any other rights, the Author of the Software may terminate the EULA if You fail to comply with the terms and conditions of the EULA. In such event, You must destroy all copies of the Software and all of its component parts.</p>
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<p><b>Termination.</b><br>
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Without prejudice to any other rights, the Author of the Software may terminate the EULA if You fail to comply with the terms and conditions of the EULA. In such an event, You must destroy all copies of the Software and all of its component parts.</p>
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<p><b>Third party components.</b><br />
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<p><b>Third-party components.</b><br>
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The Software may contain certain components provided by third parties and released under a different license agreement. You acknowledge and agree to the terms and conditions in each such license agreement and that You are solely responsible for complying with such terms and conditions.</p>
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@@ -67,7 +66,7 @@ The Software may contain certain components provided by third parties and releas
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<p>You are not allowed to remove or modify the Powered by links in the Software without a valid License Key.</p>
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<p>Removing or modifying Powered by links without a valid a License Key means You are in a direct violation of the EULA and You may not use the Software.</p>
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<p>Removing or modifying Powered by links without a valid License Key means You are in a direct violation of the EULA, and You may not use the Software.</p>
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<p>A single License Key can cover one or more copies of the Software installed, all of which must be registered in the License Manager. Access to the License Manager is provided along with a License Key.</p>
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@@ -76,18 +75,18 @@ The Software may contain certain components provided by third parties and releas
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<h2>5. Copyright</h2>
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<p>© Copyright 2020 Klemen Stirn. All rights reserved.</p>
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<p>© Copyright 2021 Klemen Stirn. All rights reserved.</p>
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<p>Some components may be copyrighted by third parties. See component source code and/or included license agreements for details. Trademarks are property of their respective owners.</p>
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<p>Some components may be copyrighted by third parties. See component source code and/or included license agreements for details. Trademarks are the property of their respective owners.</p>
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<h2>6. Trademark Policy</h2>
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<p>HESK is a registered trademark of Klemen Stirn. Certain usages of the Trademark are fine and no specific permission from the Author is needed:</p>
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<p>HESK is a registered trademark of Klemen Stirn. Certain usages of the Trademark are acceptable, and no specific permission from the Author is needed:</p>
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<ul>
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<li>there is no commercial intent behind the use,</li>
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<li>what You are referring to is in fact HESK. If someone is confused into thinking that what isn't HESK is in fact HESK, You are probably doing something wrong,</li>
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<li>what You are referring to is, in fact, HESK. If someone is confused into thinking that what isn't HESK is, in fact, HESK, You are probably doing something wrong,</li>
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<li>there is no suggestion (through words or appearance) that Your project is approved, sponsored, or affiliated with HESK or its related projects unless it actually has been approved by and is accountable to the Author.</li>
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</ul>
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<ul>
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<li>any commercial use,</li>
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<li>use on or in relation to a Software product that includes or is built on top of a product supplied by Author, if there is any commercial intent associated with that product,</li>
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<li>use on or in relation to a software product that includes or is built on top of a product supplied by Author, if there is any commercial intent associated with that product,</li>
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<li>use in a domain name or URL,</li>
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<li>use for merchandising purposes, e.g. on t-shirts and the like,</li>
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<li>use of a name which includes the letters HESK in relation to computer hardware or Software,</li>
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<li>use for merchandising purposes, e.g., on t-shirts and the like,</li>
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<li>use of a name that includes the letters HESK in relation to computer hardware or software,</li>
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<li>services relating to any of the above.</li>
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</ul>
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<p>If You wish to have permission for any of the uses above or for any other use which is not specifically referred to in this policy, please contact HESK.COM to verify if Your proposed use is permissible. Permission may only be granted subject to certain conditions and these may include the requirement that You enter into an agreement with me to maintain the quality of the product and/or service which You intend to supply at a prescribed level.</p>
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<p>If You wish to have permission for any of the uses above or for any other use which is not specifically referred to in this policy, please contact HESK.COM to verify if Your proposed use is permissible. Permission may only be granted subject to certain conditions, and these may include the requirement that You enter into an agreement with the Author to maintain the quality of the product and/or service which You intend to supply at a prescribed level.</p>
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<p>While there may be exceptions, it is very unlikely that HESK.COM will approve Trademark use in the following cases:</p>
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<ul>
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<li>use of a Trademark in a company name,</li>
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<li>use of a Trademark in a domain name which has a commercial intent. The commercial intent can range from promotion of a company or product, to collecting revenue generated by advertising,</li>
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<li>the calling of any Software or product by the name HESK (or another related Trademark), unless that Software or product is a substantially unmodified HESK product,</li>
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<li>use in combination with any other marks or logos. This include use of a Trademark in a manner that creates a "combined mark," or use that integrates other wording with the Trademark in a way that the public may think of the use as a new mark (for example Club HESK or HESKBooks, or in a way that by use of special fonts or presentation with nearby words or images conveys an impression that the two are tied in some way),</li>
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<li>use of a Trademark in a domain name that has a commercial intent. The commercial intent can range from promotion of a company or product to collecting revenue generated by advertising,</li>
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<li>the calling of any software or product by the name HESK (or another related Trademark), unless that software or product is a substantially unmodified HESK product,</li>
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<li>use in combination with any other marks or logos. This include use of a Trademark in a manner that creates a "combined mark," or use that integrates other wording with the Trademark in a way that the public may think of the use as a new mark (for example, Club HESK or HESKBooks, or in a way that by use of special fonts or presentation with nearby words or images conveys an impression that the two are tied in some way),</li>
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<li>use in combination with any product or service which is presented as being Certified or Official or formally associated with me or my products or services,</li>
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<li>use in a way which implies an endorsement where that doesn't exist, or which attempts to unfairly or confusingly capitalise on the goodwill or brand of the project,</li>
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<li>use of a Trademark in a manner that disparages HESK and is not clearly third-party parody,</li>
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<li>on or in relation to a Software product which constitutes a substantially modified version of a product supplied by HESK.com, that is to say with material changes to the code, or services relating to such a product,</li>
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<li>in a title or metatag of a web page whose sole intention or result is to influence search engine rankings or result listings, rather than for discussion, development or advocacy of the Trademarks.</li>
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<li>use of a Trademark in a manner that disparages HESK and is not clearly a third-party parody,</li>
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<li>on or in relation to a software product which constitutes a substantially modified version of a product supplied by HESK.com, that is to say with material changes to the code, or services relating to such a product,</li>
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<li>in a title or metatag of a web page whose sole intention or result is to influence search engine rankings or result listings, rather than for discussion, development, or advocacy of the Trademarks.</li>
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</ul>
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@@ -131,7 +130,7 @@ The Software may contain certain components provided by third parties and releas
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<h2>9. Modification</h2>
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<p>The EULA may be modified by HESK.com at any time. The new version of the EULA becomes valid when published on HESK.COM website. You are encouraged to regularly check back for updates.</p>
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<p>The EULA may be modified by HESK.com at any time. The new version of the EULA becomes valid when published on HESK.COM website. You are encouraged to check back for updates regularly.</p>
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<h2>10. Other</h2>
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