Use Rights for Software Products On-Premises

This document named "Use Rights" forms part of the On-Premises Subscription Licensing Agreement available on https://www.fotoware.com/company/legal/on-premises-subscription-licensing-agreement between FotoWare and Customer (the "Agreement") under which Customer subscribes to licensing of FotoWare's on-premises software and purchase of support for Digital Asset Management.

This document contains specific license terms for each Software Product.

1. DEFINITIONS

1. "Client Product" means a Software Product that executes on one or more operating systems used by an End User.
   
   
2. “Server License” means a specific type of Software License that enables Server Products to run on a single server.
   
   
3. "Server Product" means a Software Product that resides on a server and provides functionality that End Users may access by connecting to the server using client applications.
   
   
4. “Primary License” or “main license” means the Software License covering Customer’s licensed right to install and use a Software Product covered by the Confirmation Document.
   
   
5. “Secondary License” means a license that may be purchased or given for free to supplement the Primary License, such as a Redundancy License.
   
   
6. "Named User License" means a specific type of Software License that gives a specific number of selected End Users the right to use the relevant Software Product as stipulated in the Confirmation Document.
   
   
7. "Redundancy License" means a Secondary License that may be purchased to support redundancy on back-up or fail-safe systems. The software running with the Redundancy License shall take over functionality if and only if the Primary License fails to perform as intended.
   
   
8. "Staging License" means a Secondary License that may be purchased for the sole purpose of operating a test environment for the Software Product before using new versions of the Software Product or configurations in the production environment.
   
   
9. "License Server" means a centralized software service that provides license activations to computers to enable licensed Software Products to run on them.
   
   
10. "Terminal Server" means a virtual desktop that allows End Users to access their desktop and applications from any kind of endpoint device, while IT organizations can deploy and manage these desktops from a centrally located data center.

2. OVERVIEW OF OFFERED SOFTWARE PRODUCTS

3. USE RIGHTS SPECIFIC TO EACH SOFTWARE PRODUCT

Specific Use Rights for each Software Product are listed below and apply to the Software Product(s) you have a Software License for.

1. Color Factory. The Software License for Color Factory is a Server License granting Customer access to automation of many routine operations in the production process and ensures that the production of images for print is seamless and efficient. The Software Product carries out workflow tasks, quality control, automatic format conversion, and color management. Rightful use of Color Factory and associated feature limitations are elaborated in the Documentation.
   
   
2. FotoStation Client. The Software License for FotoStation Client is a Named User License granting Customer access to the services provided by Server Products. Customer may install FotoStation Client on two devices for each Named User License to accommodate e.g., a home office. However, the two instances may not be used simultaneously. FotoStation Client (Named User Licenses) may be used on Terminal Servers, provided you have a valid On-Premises Software Licensing Agreement with FotoWare, and comply with the terms set forth in Section 6.2 “Access to Client Products through Terminal Servers”.
   
   
3. FotoWeb. The Software License for FotoWeb is a (i) Server License granting Customer access to the services provided by the Server Products, and/or (ii) a Named User License granting End Users access to FotoWeb’s associated application interfaces and APIs. The Server License for FotoWeb enables Customer to make certain modifications to the Software Product. Customer may customize the Software Product according to the instructions in the Documentation. Customer may not alter the functionality or appearance of the Software Product using other methods than those described in the Documentation. Changing the colors, fonts, and logos displayed in the Software Product through the user interface is explicitly not covered by the terms in this Section. The Named User License for FotoWeb may enable Customer’ End User to access Application Programming Interfaces (APIs) that allow for customization of the Software Product or to integrate FotoWeb with third-party products. Each End User accessing the API, either directly or indirectly, must be identified to FotoWeb as a unique session to circumvent limitations to the number of concurrent sessions set forth by the Named User License. Only users with a valid Named User License for FotoWeb or another Software Product with a Named User License may access the APIs directly or indirectly (through a third-party product or service you develop).
   
   
4. Index Manager. The Software License for Index Manager is a Server License granting Customer access to a crawling server and high-speed search engine that scans associated file servers and file shares creating virtual content pools (indexes) out of the different asset sources. Customer is given access to certain Application Programming Interfaces (APIs) that allow access to Index Manager from FotoWare Client and/or Server Products if Customer holds a Software License for the FotoWare Client and/or the Server Products.
   
   
5. Connect. The Software License for Connect is a Server License granting Customer access to automation of file transfer operations. The Software Product monitors multiple inputs and distributes files between various sources and destinations, such as local or network folders, FTP sites, FotoWeb and Index Manager servers, or email mailboxes. Rightful use of Connect and associated feature limitations are elaborated in the Documentation.
   
   

4. TYPES OF LICENSES

FotoWare's license types may be divided into the Primary License and several Secondary Licenses, further defined as follows:

1. Software License. A Software License is the Primary License covering Customer’s licensed right to install and use a Software Product listed in the Confirmation Document. Customer's use of one or more Software Licenses is governed by the On-Premises Subscription Licensing Agreement. The specific license terms for each Software Product are elaborated in this Use Rights document and/or in the Documentation. Software Licenses may be further defined as either a Named User License or a Server License for each specific Software Product.
   
   
2. Redundancy Licenses. Redundancy Licenses are available as a Secondary License for each Server Product covered by a Primary License. Redundancy Licenses may only be used in “hot/cold configurations", where at most one of either the Primary License or the Redundancy License as a Secondary License is active at any one time, and not in load-balanced or work-sharing configurations. Redundancy Licenses are only available to Customers with a valid On-Premises Subscription Licensing Agreement. Customer’s use of one or more Redundancy Licenses is governed by the On-Premises Subscription Licensing Agreement as a “Software License”.
   
   
3. Staging Licenses. Staging Licenses are available as a Secondary License for each Server Product covered by a Primary License. Staging Licenses may only be used for demonstration, training, testing, and evaluation purposes, and any output files or other materials produced through such use are only for internal, non-commercial, and non-production purposes. Staging Licenses may not be used to operate in production mode replacing a Primary License, even in the event of a failure of the production system. (This requires a Redundancy License.) Staging Licenses are only available to Customers with a valid On-Premises Subscription Licensing Agreement. Customer’s use of one or more Staging Licenses is governed by the On-Premises Subscription Licensing Agreement as a “Software License”.
   
   

5. USE RIGHTS APPLICABLE TO ALL SOFTWARE PRODUCTS

1. General Use Rights. The Software License entitles Customer to install and use the Software Product on as many computers and/or make it accessible to as many End Users as stated in the Confirmation Document.
   
   
2. Use on virtual servers. Customer may install the Software Product on virtual machines/servers. Customer may make one backup copy of the virtual server, including the Software Product(s) installed, provided it is kept in a “powered off" state, and not run at the same time as the primary server. Customer may keep an unlimited number of snapshots of the virtual machine/server, provided it is stored on the same virtual server host as the running instance.
   
   
3. Portable or Home Computer Use. The primary End User of the computer on which the Software Product is installed may install a second copy of the Software Product for his or her exclusive use on either a portable computer or a computer located in his or her home, provided that the Software Product on the portable or home computer is not used at the same time as the Software Product on the primary computer.

6. USE RIGHTS SPECIFIC TO SERVER PRODUCTS

1. Use Rights. Each Software License of a Server Product may be installed on one server, either physical or virtual, and made accessible solely to End Users within Customer's organization. Customer may however make FotoWare and FotoWare Desktop accessible to users outside Customer’s organization provided that these Software Products are not used to host content on behalf of such users.
   
   
2. External hosting of the Server Product. You may run the Server Product on hardware operated and maintained by a third party, provided that the use of the Server Product is in accordance with the On-Premises Subscription Licensing Agreement.

7. USE RIGHTS SPECIFIC TO CLIENT PRODUCTS

1. Use Rights. Software Licenses for Client Products are granted as Named User Licenses confined to End Users within Customer’s organization. Each End User may access the Software Product from only one computer at a time, and in the event of switching computers, the Software Product must be deactivated and removed from the previous computer. In addition, your Software License will cover the right of guest users to access the Software Product where the Client Products functionality allows for such access.
   
   
2. Access to Client Products through Terminal Servers. Users of Named User Licenses covered by a valid On-Premises Subscription Licensing Agreement with FotoWare may run Client Products on one or more Terminal Servers. FotoWare will issue a time-limited license certificate for this use, which is governed by a License Server. All Terminal Servers must be able to access this License Server over a network connection for users to start/run the Software Product. Customer may be required to maintain a list of the named End Users (account usernames) that are allowed to access the Software Product on the Terminal Server as a part of running the License Server. Customer must complete and submit to FotoWare a written, yearly license audit to renew the license for use on Terminal Servers. Customer may at any time only use as many licenses on a Terminal Server as covered by the Confirmation Document. Customer may no longer access the Software Product via Terminal Servers upon termination of the On-Premises Subscription Licensing Agreement with FotoWare, and access to the Software Products on the Terminal Server must be revoked from all End Users immediately following the termination of the Agreement or removal of the Software License from the Agreement.