These terms & conditions apply to the update and support services provided by Blue Array Limited (Blue Array) a UK registered company for the software services ‘Enstract’ to you as a licensee of any GPL-licensed software provided by Blue Array for which you have paid the applicable fees.
Support services
Blue Array will provide a reasonable level of technical and end-user support regarding the software via e-mail and other channels as announced from time to time. Availability and manner of contacting will be published on the Blue Array website and other channels.
Update services
Blue Array will from time to time release updates to the software that improve functionality or address bugs or limitations. Further, at your request Blue Array will strive to create updates that address issues identified by you, if reasonable and within the scope of the software. Such updates will be owned by Blue Array and made available under the GPL license as with all Blue Array software and updates thereto.
Consideration
Support and updates are only available for any software for which you have paid the applicable fees. For the first twelve months of this agreement, an initial fee is due. For subsequent years further fees are due as announced by Blue Array. Fees are due in advance and must be paid in the manner(s) as indicated by Blue Array. In most cases, refunds are available up to 30 days after payment. Blue Array may once every payment period adjust the fees for the next payment period.
Blue Array reserves the right to limit its service in case;
- The website(s) in question contain(s) explicit or offensive content
- You or your staff does not behave in a civil manner towards Blue Array personnel
- You repeatedly make demands that are unreasonable or clearly outside the scope of the contract
In such cases, Blue Array will issue a written statement explaining the reasoning behind the limitation.
Confidentiality
Blue Array shall keep strictly confidential all non-public information from you it may collect in connection with your use of the software. No obligation for confidentiality exists regarding any input for suggested updates.
No personal data
You shall not provide Blue Array with any personal data (EU/GDPR) or personally identifiable information (USA) unless specifically authorised in writing beforehand. If you do, you shall fully indemnify Blue Array for all costs and damages associated with its processing and removal, including administrative fines and costs of secure deletion.
Limitation of liability
Except in case of intentional misconduct or gross negligence, Blue Array accepts no liability for any damages caused in connection with the services under this agreement. This includes but is not limited to damages in the form of data loss, failure to operate, lost revenue or missed profits.
Term
The agreement is entered into on the day your initial fee payment is received by Blue Array and remains in force for an initial twelve-month period. Upon receipt of further payments, the agreement is renewed for a successive period equal in length to the initial period. Both you and Blue Array can cancel anytime with effect at the end of the then-current term.
Discounts
Any discounts only apply to the first term of the purchased subscription.
Law and venue
Any disputes in connection with this agreement are governed by English law and must be brought before the courts of England.
Our software is made available under the GPL license
The GNU General Public License is a free, copyleft license for software and other kinds of works. You can find the entire text of the license here.
Additional terms apply
In the light of Article 7 of the GPL license, the following additional terms apply:
- You are prohibited to make misrepresentations of the origin of that material, or to require that modified versions of such material be marked in reasonable ways as different from the original version;
- You are limited in the use for publicity purposes of names of licensors or authors of the material;
- You are declined any grant of rights under trademark law for use of the trade names, trademarks, or service marks of Blue Array;
- You are required to indemnify licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.