Harbourmaster Freemium License Terms & Conditions
1.1 Subject to the terms and conditions hereof, Valiton GmbH, Arabellastr. 21, D-81925 München ("Valiton") hereby grants to Licensee a royalty-free, limited, non-transferable, non-sublicensable, non-exclusive license to use the computer program acquired under this agreement (including all versions, features, applications and modules thereto the "Harbourmaster Freemium Software") only for Licensee’ own business purposes (but not for third party services). Limitations of the Harbourmaster Freemium Software are specified in Annex 1.
1.2 The software is provided to Licensee in the form of an image file. In order to use the image, it is necessary to accept the terms of this Harbourmaster Freemium License. This is achieved by specifying the environment variable LICENSE equal to "accept" when running the image. Licensee can also view the license terms by setting this variable to "view". Failure to set the variable will result in the termination of the container with a usage statement. By setting the variable to "accept" and running the image, Licensee accepts and agrees to the terms of this Harbourmaster Freemium License (the "Agreement").
1.3 Licensee accepts and agrees that, under this Agreement, Valiton has no obligation to provide any maintenance service or support with regard to the Harbourmaster Freemium Software.
2. Proprietary Rights
2.1 The Harbourmaster Program furnished under this Agreement is licensed, not sold, to Licensee. Valiton possesses all right, title and interest in and to the Harbourmaster Program and Documentation, and Licensee acknowledges that it receives no such right, title or interest under this Agreement except for the specifically described limited right of use.
2.2 Licensee acknowledges that Valiton is the sole and exclusive owner of the trademarks relating to the Harbourmaster Freemium Software. Licensee shall not attack and\/or challenge Valitons intellectual property rights or raise corresponding claims against Valiton.
2.3 Licensee acknowledges that the Programs embody Valiton’s proprietary and confidential information, and Licensee agrees not to disclose or disseminate any Program or Documentation, in whole or in part, or copies in any form, to any person other than Licensee’s own employees, consultants and contractors, provided such persons have a need to know to perform their assigned tasks.
2.4 Except as expressly permitted hereunder, Licensee shall not and shall not permit or authorize any third party to: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Harbourmaster Freemium Software; (ii) circumvent or provide a method to circumvent any technological protection measures in the Harbourmaster Freemium Software, (iii) modify, translate or create derivative works based on the Harbourmaster Freemium Software; (iv) copy (except for archival purposes), rent, lease, distribute, pledge, assign or otherwise transfer or allow any lien, security interest or other encumbrance on the Harbourmaster Freemium Software; (v) use the Harbourmaster Freemium Software for timesharing or otherwise for the benefit of a third party; (vi) remove or obscure any proprietary notices or labels of Valiton or its suppliers on any of the Harbourmaster Freemium Software.
3. System Requirements and other limitations
3.1 Licensee may use the Harbourmaster Freemium Software only in accordance with the system requirements set forth in Annex 2 (the „System Requirements").
3.2 Under this Agreement, Licensee’s use of the Harbourmaster Freemium Software is limited as follows:
Licensee may not use the Harbourmaster Freemium Software in the following industries: Banking, Insurance or any other financial services; Medical. In case of doubt, Licensee is obliged to consult with Valiton in order to ascertain whether the Harbourmaster Freemium Software may be used.
Licensee may not operate the Harbourmaster Freemium Software unless the Harbourmaster API is protected against unauthorized access applying accepted industry standards.
Licensee may not operate the Harbourmaster Freemium Software unless the server, CPU and RAM sizing are appropriate in relation to Licensee’s usage pattern.
Any use of the Harbourmaster Freemium Software in violation of these limitations without prior written approval of Valiton is prohibited.
4. No Warranty
The Harbourmaster Freemium Software is provided on an „as is" or „with all faults" basis. Unless a defect was maliciously concealed, Valiton disclaims any and all warranties AS FOLLOWS:
Except as otherwise expressly set forth in this Agreement, Valiton makes no representation or warranty of any kind, whether express or implied. In particular, Valiton does not warrant THAT THE SPECIFICATIONS OR FUNCTIONS CONTAINED IN THE HARBOURMASTER FREEMIUM SOFTWARE WILL MEET LICENSEE’s REQUIREMENTS, THAT DATA INTEGRITY IS MAINTAINED, that the Harbourmaster Freemium Software is error free, that operation of the Harbourmaster Freemium Software OR THE UNDERLYING TECHNOLOGY STACK will be secure or uninterrupted OR THAT DEFECTS IN THE HARBOURMASTER FREEMIUM SOFTWARE WILL BE CORRECTED. VALITON DOES NOT GUARANTEE THAT THE PRODUCT WILL WORK WITH THIRD-PARTY SOFTWARE OR OTHER PRODUCTS. Valiton expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, quality, accuracy and\/or title. Valiton does not warrant against interference with the enjoyment of the Harbourmaster Freemium Software.
5.1 Valiton shall be liable for damages that (i) result from an intentional breach of its contractual obligations by Valiton, its legal representatives or its agents, (ii) occur as a result of the lack of a guaranteed specification of the Harbourmaster Freemium Software, (iii) are a result of a culpable injury to life, limb or health and\/or (iv) that are subject to product liability under the German Product Liability Act.
5.2 Valiton’s liability shall be further limited to damages that are typically foreseeable in the context of an agreement such as the present one.
5.3 Further, Valiton’s liability shall in each case be limited to maximum amounts of EUR 50,000 per case and EUR 100,000 overall.
5.4 Any liability other or beyond the liability provided for in this Section 5 shall be excluded.
5.5 Licensee shall be responsible for regular data backups. If Licensee suffers damages that result from the loss of data, Valiton shall only be liable for such damages insofar as the damages could not have been avoided by carrying out data backups of all relevant data in regular intervals according to industry best practice.
6. Licensee’s use of the Program, Indemnification
6.1 Licensee represents and warrants that it will use the Harbourmaster Freemium Software in compliance with all applicable laws (including data protection law) and the rights of third parties.
6.2 Licensee shall indemnify, defend and hold harmless Valiton, its officers, directors, partners, employees, affiliates, subsidiaries, agents, successors and assigns from and against all third party losses, claims, damages (compensatory and punitive), liabilities, expenses (including reasonable costs of investigation and reasonable legal counsel fees), fines, penalties, judgments and settlement amounts (collectively, the "Claims") arising out of any use of the Harbourmaster Freemium Software by Licensee in violation of the provisions of this Agreement.
7. Term, Termination
7.1 This Agreement may be terminated by either party for good cause without observing a notice period. Good cause shall exist in particular if circumstances occur which, taking into consideration the substance and purpose of this Agreement, would make it unreasonable for one or both of the Parties to continue the contractual relationship. Good cause for Valiton shall include, but is not limited to:
7.1.1 Licensee’s attempt to transfer or sublicense the Harbourmaster Freemium Software;
7.1.2 Licensee‘s violation of the System Requirements and other limitations as described in Section 3
7.2 Any notice of termination must be in writing.
8. Audit Right
Valiton may at any time require assurances of compliance with the terms of this Agreement. Valiton may audit Licensee’s use of the Harbourmaster Program upon reasonable notice, either on-site or by reviewing Program use by telephone. If the audit reveals that Licensee has used the Harbourmaster Freemium Software beyond the scope of its license, Licensee shall be in material breach of the Agreement and Valiton may terminate this Agreement and all licenses immediately.
9. Export Controls
Licensee agrees that the Harbourmaster Freemium Software will not be used, shipped, transferred or exported into any country or to anyone in violation of EU or US export control regulations or in any manner prohibited by the EU Common Foreign and Security Policy or the United States Export Administration Act. Using the Harbourmaster Freemium Software is acknowledgement that the Licensee is not located in, a resident of or under the control of any such country. Furthermore, Licensee takes complete responsibility for use of the Harbourmaster Freemium Software.
10.1 Neither party may assign this Agreement or any of its rights or obligations hereunder without the other party’s prior written consent, except by operation of law, merger, reorganization, or as a result of an acquisition or change of control.
10.2 Valiton is authorized, but not obligated, to include Licensee in Valiton’s list of reference customers.
10.3 This Agreement is the entire agreement relating to the Harbourmaster Freemium Software; it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Harbourmaster Freemium Software. Any amendments of, or supplements to, this Agreement (including this Clause) must be made in writing.
10.4 Should one or more provisions of this Agreement be, become, or be deemed by a competent court to be, invalid or unenforceable, the remainder of this Agreement shall remain unaffected. Any such provision shall be replaced by the provision that best reflects the economic and legal purpose of the original provision.
10.5 This Agreement is exclusively governed by the laws of the Federal Republic of Germany, excluding, however, the application of the German and European conflicts of laws provisions and principles.
10.6 The Parties irrevocably submit to the jurisdiction of the courts of Munich, Germany, for any disputes that arise out of or in connection with this Agreement.
Annex 1 (Limitations of Harbourmaster Freemium)
- A "User" is a record in the user database table (either a unique email address or a unique social login).
- A "Tenant" is the equivalent of a domain. Tenants are used to host multiple distinct SSO use cases on one Harbourmaster Server, which eliminates the need to set up multiple Harbourmaster Servers. Users are not shared between Tenants. All Users are owned by one Tenant.
Free version does not support a detailed audit trail of user activity
Free version is limited to 2 Tenants.
Free version is limited to 20.000 registered users in total.
Annex 2 (System Requirements).
Docker 1.9 or higher, get it from http://docker.com
Sufficient CPU and RAM capacity depending on usage
Requirement ist using HTTPS for all Harbourmaster Services