ConfigCat (ConfigCat Kft, a company registered in Hungary under company registry No. 01-09-352162, and having its registered seat at 1032 Budapest, Bécsi út 219. 9. em. 47., Hungary, hereinafter referred to as "ConfigCat", "we", "us" or "our") thanks you for choosing its on-premise software product(s) for feature flag and configuration management (the "Licensed Products") according to your order form ("Order").
This Agreement is effective on the date the Customer signs the Agreement, or installs the Licensed Products and thereby agrees to the terms of this Agreement (the "Effective Date").
For the purposes of this Agreement "Licensed Products" means collectively the On-Premise Software (the "Software" shall mean the computer programming code developed by ConfigCat including executable and non-executable application files that the Customer may download or receive on electronic media), the content, and Enhancements provided by ConfigCat. Some components of the Licensed Products are defined separately in Section 3 point b).
BY DOWNLOADING OR INSTALLING THE LICENSED PRODUCTS, CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THEM.
a) This is a license agreement and not an agreement for sale. The Licensed Products and all related materials ("Documentation" means the current technical and user documentation for the Licensed Products if such is provided by us with the Software) are proprietary to ConfigCat. As long as the Customer complies with the terms of this Agreement, we will grant a limited, non-exclusive, non-transferable license to install, access, and use one instance of the Licensed Products during the Term as described herein, without the right to sublicense.
b) Customer shall have the right to host the Software internally. Customer is authorized to install, and use the Licensed Products on its servers with authorized user access ("Authorized User" means an employee of Customer who has been authorized by Customer to use the Licensed Product). Customer acknowledges and agrees that Customer is responsible for compliance of this Agreement by all Authorized Users. Therefore, Customer shall be responsible for any breach of this Agreement by any Authorized User or any other employee, agent, customer or contractor of Customer. Customer also maintains all responsibility for determining whether the data or information generated from Customer's use of the Licensed Products is accurate or sufficient for Customer's purposes.
c) Upon prior written notice to us, Customer may permit a third party contractor to access and use the Licensed Products solely for the benefit of the Customer, so long as: (i) the contractor agrees to comply fully with all terms and conditions of this Agreement; (ii) Customer remains responsible for the contractor's compliance with this Agreement, and any breach; and (iii) the contractor is not a competitor of ours.
a) Customer is responsible for the installation, operation, and maintenance of the Licensed Products.
b) Customer may install one instance of the Licensed Products for production purposes.
c) Customer may install a reasonable number of additional instances of the Licensed Products and Documentation solely for back-up or disaster recovery purposes. The Documentation may be modified by us from time-to-time to incorporate Enhancements on our sole discretion. Customer must reproduce all copyright, trademark, trade secret and other proprietary notices in its instances. The back-up or disaster recovery instances can only be used to perform disaster recovery testing.
d) For the Licensed Products, Customer will not, especially:
a) Customer acknowledges, and agrees that we own:
b) For purposes of this Agreement:
c) The Licensed Products include essential and yearly Enhancements and corrective programming to the Software, and the Documentation that are provided as part of support services ("Support Services") as described in Section 5.
a) Unless terminated earlier (as described in this Agreement and the Terms of Service), this Agreement shall commence on the Effective Date and remain in effect for a period of 1 (one) year (the "Initial Term"). The Initial Term shall be automatically renewed for successive 1 year periods (each a "Renewal Term"), unless either party notifies the other party in writing of its intention not to renew this Agreement at least 30 (thirty) days prior to the end of the Initial Term or any Renewal Term, as the case may be.
b) All rights granted under this Agreement terminate immediately upon termination or expiry of this Agreement. Upon termination of such rights, the Customer must immediately cease all use, un-install and destroy all instances of the Licensed Products and Documentation, and must certify in writing its compliance with this Section upon our request.
c) We reserve the right, in our sole discretion, to terminate the Agreement with the Customer, and its access to all, or any part of the Licensed Products at any time, with or without notice. Termination may occur, including but not limited to, as a result of the Customer's violation of any of this Agreement, or any applicable law and shall be effective immediately.
a)Subject to this Agreement, we provide Software related Enhancement, and corrective programming services, including (i) Software Upgrade Release once a year and (ii) a critical security patch any time we find a critical security flaw in the Licensed Products ("Support Services").
b) We may, to the extent available, deliver the Licensed Products, or Enhancements electronically via the Internet in a way that ConfigCat deems most appropriate (e.g. via e-mail, or any cloud-based repository).
c) As part of the Support Services, Customer may request us to provide certain services (e.g. support of installation, maintenance, or training) related to the Licensed Products included in the Annual Fee up to 4 (four) hours per month. Should Customer require Support Services beyond the monthly package of 4 (four) hours ("Additional Support Services"), Customer shall pay an hourly rate of EUR 150 according to Section 5.d and Section 6. Please note that ConfigCat reserves the right to amend the above referred hourly rate in its sole discretion from time to time. In that case, ConfigCat will notify the Customer by email, or by posting an announcement on the Website; such amendment shall apply prospectively only, but shall take effect immediately.
d) ConfigCat shall be under no obligation to perform the requested Additional Support Services unless ConfigCat accepts such request in writing. Any Additional Support Services to be provided will be included in a statement of work ("SOW"), which shall describe the scope of such Additional Support Services.
a)Customer shall pay an annual lump sum fee for the Licensed Products, Documentation, Enhancement, and Support Services according to this Agreement, his/her Order and the Terms of Service ("Annual Fee").
b) ConfigCat may charge a separate license fee for yearly Software Upgrade Release or include this separate license fee into the Annual Fee.
c) Our current prices are available here: https://configcat.com/pricing.
d) The fee of any Additional Support Services based on a SOW will be billed weekly.
This Agreement with the Terms of Service is the entire agreement between us and supersedes all prior written or verbal agreements, proposals, understandings and discussions. Please note that ConfigCat reserves the right to amend, or modify this Agreement in our sole discretion from time to time, with prior written notice to the Customer. Otherwise, the laws of Hungary, especially the provisions of Act LXXVI of 1999 on Copyright shall apply to this Agreement.
If you have any questions or concerns about this Agreement, please email us at [email protected].
This document was last updated on Sep 24, 2020