The Collax Platform Server (CPS) is a reliable and scalable foundation for your entire business with functionality that you specify. Companies can significantly reduce software, hardware and installation costs. The (CPS) keeps up with your business no matter how small you start and how large you become. For example if you need it for E-Mail it installs and runs trouble free. Later, maybe after a disaster, you might think that you need a backup system: Easy, press a button on the CPS and it will instantly download and integrate a backup module. Now you have a full backup server too. Next you might need security: Again, press a button and you now how full firewall and security. It is easy to expand as and when you need it. The CPS installs on any machine and transforms it into a dynamic server. It is completely remotely managed from any machine with a web browser on it. You should never need to touch that box again. The user interface gives you full access to everything on that machine from physical statistics to application settings. You can go as deep as you like or stay as simple as you need. The CPS has the following modules available: Communication Server - E-Mail, SMS, FAX etc. E-Mail Archive - Seamless guaranteed archiving of all E-Mails Mail Security - Full Anti-Spam solution and optional upgrades to CVP/Avira Monitoring Solution - Full network and system monitoring solution that lets you monitor anything on any system Net Backup - Centralised backup solution for backing up and restoring all your systems Net Security - Sophisticated multi-level-firewall with full network shaping capabilities Network Storage - Instant centralised network storage capability and management (including quotas) Web Application - Apache based web application server for all your web needs Web Security - Real-time internet monitoring service that filters and control your companies access to the web (including content access scheduling) (1,959)
Program Details
- Category: Servers > Mail Servers
- Publisher: Collax GmbH
- License: Free Trial
- Price: $110.00
- Version: 5.0.14
- Platform: windows
EULA
Formation of the Contract, Scope: We, Collax GmbH, domiciled in Ismaning near Munich ("Collax" or "we") provide our software products incl. documentation ("Collax Software") to third parties exclusively subject to the terms and conditions set forth below ("Conditions"). By using the Collax Software you confirm your agreement to the Conditions and thereby consent to the conclusion of a binding agreement between yourself ("Customer" or "you") and Collax ("Contract") on the basis of the Conditions. If you do not agree to the Conditions you may not use the Collax Software. These Conditions presuppose that the Customer is a corporation or a legal entity established under administrative law or any other entity ordering the Collax Software for purposes within the scope of its trade, business or independent profession and may therefore not invoke any statutory consumer rights with respect to the Contract. Collax may exceptionally provide free demonstration copies of the Collax Software to consumers exclusively for non-commercial home use. These Conditions (except for Sec. 6) shall apply accordingly to such demonstration licenses provided that such licenses shall be limited to non-commercial internal uses and Collax' warranty and liability shall be limited to gross negligence, willful misconduct and/or fraudulent concealment of defects. Scope of the Collax Software. Collax Software may in addition to Collax' proprietary software also include open source software ("Open Source Components"), in particular Pynix, and/or third party software (“Third Party Components"): Open Source Components are subject to the terms and conditions of separate license agreements accompanying such software. “Pynix” is a specific Linux distribution for use on servers. It is distributed as open source software according to the license terms and conditions of the respective Pynix elements. The source code for Pynix can be viewed and downloaded from the www.pynix.org web site. Third Party Components are subject to the terms and conditions of separate third party license agreements accompanying such software. These Conditions shall apply to Open Source Components and Third Party Components only to the extent that the license agreements referred to in Sec. 2.1 and 2.2 do not contain conflicting provisions. Languages. These Conditions are available in German and English language. Vis-à-vis Customers having their seat, domicile or permanent residence in Germany, Austria or Switzerland the German language version shall prevail, and vis-à-vis all other Customers the English language version shall prevail. Scope of Use. In consideration of the payment of the license fee, the User obtains the non-exclusive license to use the Collax Software in accordance with the Contract and with the following provisions during the license term: Subscription licenses are available with different fixed terms. The subscription term is set forth on the license certificate accompanying the Collax Software. The term agreed therein commences on the date of registration of the Collax Software by the end user ("Licensee") and expires on the first anniversary of the registration date after expiry of the number of years constituting the subscription term set forth in the license certificate, i.e. the first anniversary if the term is one year, the third if it is three years etc. (the "End Date"). The subscription will automatically renew for consecutive one year terms unless it is terminated by Collax or the Customer observing a notice period of three months with effect to the End Date. If the License is renewed, the Licensee's right to use the Collax Software is extended accordingly. Upon renewal of the subscription, the Customer shall be obliged to pay to Collax the respective annual fee. Unless otherwise agreed, the last agreed annual fee shall apply and shall be invoiced for each contract year in advance. Collax reserves the right to adjust the fees and/or conditions in accordance with these Conditions. Collax will send the Customer a new license certificate for the renewal term together with the invoice. If the Collax Software has not been delivered directly by Collax, the license term will renew only if the supplier of the Collax Software to the Licensee ("Reseller") acquires from Collax an extension of the license term and Collax issues a new license certificate for the renewal term. The Collax Software may not be used commercially without a valid license certificate. Upon expiry of the license term, Licensee shall cease to use the Collax Software. If at such time Collax offers demonstration licenses free of cost, the Collax Software may continue to be used for the term and within the limits of such a demonstration license. The limitation of the term of use does not apply to any components delivered under an open source license. The Collax Software contains automatic procedures to terminate or limit functionalities. Collax reserves the right to enforce the termination or limitation of license rights under the License through such procedures. The Customer's right to use the Collax Software shall be strictly limited to internal business purposes and otherwise as provided in the Contract and in these Conditions. All other rights are reserved. The source code of the Collax Software will not be delivered unless expressly agreed. Licensee may install and use the Collax Software on a single server, and the Collax Software may be used by the number of licensed end users set forth in the License Certificate accompanying the Collax Software. Licensed end users include all end users using the functionality of the Collax Software from within a configured local network or otherwise accessing the Collax Software. Collax reserves the right to constrain the functionality of the Collax Software through remote automatic verification of the number of end users and/or automatic shutdown upon license term expiry. The Customer shall refrain from (a) reverse engineering the Collax Software or reducing it in any other ways to a form perceptible to humans; or (b) modifying, adapting or translating the Collax Software, or creating derivative works of the Collax Software, except in each case to the extent expressly permitted in the Contract or by mandatory law. The same shall apply to any publication of any benchmark tests with the Collax Software without Collax' prior written consent. Any copies of the Collax Software shall contain all of the copyright notices shown on the original. Neither the Customer's right to copy and modify the Collax Software to the extent expressly permitted by applicable mandatory legislation regarding back up or the elimination of errors nor the Customer's rights under applicable mandatory legislation regarding reverse engineering shall be deemed restricted hereby. The Customer shall refrain from making the Collax Software available to any third party, whether by delivering a data medium, over a network, or in any other form, whether or not for compensation, except with Collax' prior written consent. Responsibilities of the Customer. It shall be the Customer's responsibility to comply with any technical guidelines, such as installation requirements, which the manufacturer may have issued, and to provide Collax with all information and assistance which Collax may reasonably require. In the event that Collax identifies to the Customer a third-party service provider, Collax shall not be deemed to have assumed any liability in respect of the performance of such third-party service provider. Limited Remedies for Defects (Warranty). Where the Customer has acquired the Collax Software from a Reseller, remedies for defects of the Collax Software shall exclusively be asserted vis-à-vis such Reseller in accordance with the terms of the agreement between the Customer and the Reseller. In all other cases, Collax will maintain the Collax Software in usable defect-free state during the term of the subscription in accordance with the following provisions: Any statutory remedies (“Warranty Claims”) for defects of the Collax Software, including any deviation from agreed specifications and/or any violation of rights of third parties (collectively “Defects”) shall be excluded unless the Defect in question substantially limits the suitability of the Collax Software for the agreed purpose. The Customer shall test the Collax Software and its work products upon installation and thereafter regularly and shall promptly notify Collax of any Defects or deviations thereof. In the absence of such testing and/or prompt notice, the Customer shall be deemed to have consented to any Defects or deviations of the Collax Software that have been or could have been detected. The notice shall in particular not be deemed immediate if it is received more than 14 days after the Defect or deviation has been or could have been detected. Furthermore any Warranty Claims shall be excluded to the extent that the Customer (a) uses the Collax Software for any purpose other than the contractual purpose or in violation of the relevant statutory requirements and/or any guidelines issued by the manufacturer; or (b) either (i) modifies the Collax Software or (ii) uses of the Collax Software in connection with any hardware or software not approved by the manufacturer of the Collax Software for such purpose, unless, in each case, the Customer has obtained Collax' prior written consent, and except, in each case, where the foregoing circumstances did not cause the Defect. Furthermore any Warranty Claims for violation of third-party rights shall be excluded unless such third-party rights are valid within the European Economic Area or Switzerland and the Customer enables Collax to conduct the defense alone without any restriction and grants to Collax the necessary powers. Collax shall not be deemed to have guaranteed certain properties of the Collax Software except if it has expressly confirmed such guarantee. Any manufacturer's warranty issued with any Collax Software shall not be deemed a guarantee of certain properties unless it expressly states otherwise. Liability. Collax shall be liable in damages, whether based on contract or any other legal theory, only to the extent that the damage was caused by gross negligence or willful misconduct imputable to Collax. In the event of death of a natural person or personal injury to the latter, Collax shall be liable also for slight negligence. In addition, Collax shall also be liable for a slightly negligent violation of a fundamental duty under the Contract, but such liability shall be limited to such damage as Collax could have reasonably foreseen at the time of signing of the Contract. Fundamental duties as used herein comprises all duties which must be fulfilled in order to enable consummation of the Contract and the achievement of its purposes and fulfillment of which the Customer may reasonably expect in view of the content and purposes of the Contract. Collax' liability shall cover neither damage caused by the loss of data to the extent such loss could have been avoided by daily, alternating back-up, nor damage caused by using any Collax Software which could have been prevented by examination of the work products of such Collax Software at regular intervals. Limitations on Collax' liability agreed in the Contract or these Conditions shall apply also to the personal liability of Collax' officers, employees or agents. Where Collax Software are provided free of cost, e.g. demo software, Collax' liability shall be further limited, and Collax shall be liable for damages based on gross negligence or willful misconduct imputable to Collax and/or fraudulent concealment of defects only. Any mandatory liability under the Collax Software Liability Act and/or arising from a guarantee of properties shall remain unaffected. Limitation Period. Customer's remedies for Defects, including but not limited to the right to withdraw from the Contract shall be subject to a maximum limitation period of twelve months. However, all remedies based on: · fraudulent concealment of defects or · gross negligence, willful misconduct or the death of a natural person or personal injury to the latter, caused by negligence or willful misconduct · based on guarantees of properties and/or the statutory recourse and the right to withdraw from the Contract based on a breach imputable to Collax other than a Defect shall be subject to the applicable statutory limitation periods. The limitation periods shall begin on the date specified by the statute. Confidentiality. The parties mutually agree to keep all technical and commercial information received from the respective other party strictly confidential and to refrain from using any such confidential information except as strictly required performing the Contract. Only information which the recipient can show was already published or known to it at the time of disclosure or that was published later without the fault of the recipient shall be exempted from this clause. The parties guarantee that their respective employees, consultants and subcontractors comply with the secrecy obligation under this clause during and after their relationship with the party concerned. The recipient shall notify the owner of any confidential information in the event that it becomes aware that information which the respective other party regards as confidential has become publicly known, or if notes or media containing such confidential information are lost, or if it deems itself legally obliged to provide confidential information to any third party, including courts of law or government entities. This confidentiality clause shall remain in force even after termination of the Contract. Amendments of these Conditions or Recurrent Fees may be made by Collax unilaterally with proactive effect during the life of a Contract as follows: Collax shall be entitled to amend these Conditions or any recurrent fees by unilateral notice with proactive effect, observing three months notice with effect to the end of an agreed minimum contract term or any other date on which Collax could alternatively terminate the Contract in accordance with its terms. In such case the Customer shall have the right to withdraw from the Contract by unilateral notice, observing one month notice with effect to the effective date of the proposed amendment. Where Customer does not exercise this right, the amendment shall become effective. Notwithstanding Sec. 11.1, Collax shall also have the right to modify any recurrent fees agreed for the provision of Support or other services upon three months' notice with effect to the end of any calendar month, if and to the extent that the cost of Collax's staff in charge of providing such services and/or the costs of materials and services reflected in such fee increase. If the increase should be higher than 10% within one calendar year, the Customer shall be entitled to give notice of termination of the Contract providing for such recurrent fee, irrespective of any minimum term which may have been agreed, observing one month notice with effect to the effective date of the proposed amendment. Where Customer does not exercise this right, the amendment shall become effective. Notices. Any notices, declarations or waivers which may be declared or made pursuant to the Contract or these Conditions shall be valid only if they are in text form. No Assignment. The Customer shall not be entitled to assign its rights under the Contract - except for claims for payment - to any third party without Collax' prior written consent, which consent shall not be unreasonably withheld. Severability. Should one or more of the provisions of the Contract or these Conditions be or become invalid or unenforceable, the validity and enforceability of the other provisions hereof shall not be affected. Place of performance shall be at Ismaning near Munich, Germany. Governing Law. The Contract and these Conditions shall be subject to the laws of the Federal Republic of Germany with the exception of the UN Sales Convention (CISG). Jurisdiction. All disputes arising under or in connection with Contract and/or these Conditions shall be submitted exclusively to the courts having general jurisdiction at the corporate seat of Collax to the extent that the Customer is a commercial entity or a public law corporation, or a public law fund or trust. The Customer hereby submits expressly to the jurisdiction of suchcourts. The same shall apply if, at the time the claim is brought, the Customer's domicile is not in Germany or not known. Collax shall in any event be entitled, at its discretion, alternatively to take legal action against the Customer in the courts having general personal jurisdiction over the Customer. Ismaning near Munich, October 2009