This Digitalist Sweden End User License Agreement (the "Digitalist EULA") is between you and Digitalist Sweden AB (Org.nr: 556654-0422) ("Digitalist"). If you are agreeing to this Agreement not as an individual but on behalf of your company, then "Customer" or "you" means your company, and you are binding your company to this Agreement. Digitalist may modify this Agreement from time to time, subject to the terms in Section (xii) below.
(i) Digitalist is the licensor of the specified Plugin for Matomo Analytics (the "Software").
(ii) Subject to the terms and conditions of this Agreement, Digitalist grants you a limited, worldwide, non-exclusive, non-transferable and non-sublicensable license to install and use the Software only on hardware systems owned, leased or controlled by you, during the applicable License Term. The term of each Software license ("License Term") will be specified in your Order. Your License Term will end upon any breach of this Agreement.
(iii) Unless otherwise specified in your Order, for each Software license that you purchase, you may install one production instance of the Software in a Matomo Analytics instance owned or operated by you, and accessible via one URL ("Matomo instance"). Additional licenses must be purchased in order to deploy the Software in multiple Matomo instances, including when these multiple Matomo instances are hosted on a single hardware system.
(iv) Licenses granted by Digitalist are granted subject to the condition that you must ensure the maximum number of Authorized Users and Authorized Sites that are able to access and use the Software is equal to the number of User and Site Licenses for which the necessary fees have been paid to Digitalist for the Subscription period. You may upgrade your license at any time on payment of the appropriate fees to Digitalist in order to increase the maximum number of authorized users or sites. The number of User and Site Licenses granted to you is dependent on the fees paid by you. “User License” means a license granted under this EULA to you to permit an Authorized User to use the Software. “Authorized User” means a person who has an account in the Matomo instance and for which the necessary fees (“Subscription fees”) have been paid to Digitalist for the current license term. "Site License" means a license granted under this EULA to you to permit an Authorized Site to use the specified Matomo Plugin. “Authorized Sites” means a website or a measurable within Matomo instance and for which the necessary fees (“Subscription fees”) have been paid to Digitalist for the current license term.
(v) Piwik Analytics was renamed to Matomo Analytics in January 2018. The same terms and conditions as well as any restrictions or grants apply if you are using any version of Piwik.
(vi) The Software might require a license key in order to operate, which will be delivered to the email addresses specified in your Order when we have received payment of the applicable fees.
(vii) You may not reverse engineer or disassemble or re-distribute the Software in whole or in part, or create any derivative works from or sublicense any rights in the Software, unless otherwise expressly authorized in writing by Digitalist.
(viii) The Software is protected by copyright and other intellectual property laws and treaties. Digitalist owns all title, copyright and other intellectual property rights in the Software, and the Software is licensed to you directly by Digitalist, not sold.
(ix) The Software is provided under an "as is" basis and without any support or maintenance. Nothing in this Agreement shall require Digitalist to provide you with support or fixes to any bug, failure, mis-performance or other defect in The Software. Digitalist may provide you, from time to time, according to his sole discretion, with updates of the Software. You hereby warrant to keep the Software up-to-date and install all relevant updates. Digitalist shall provide any update free of charge.
(x) The Software is provided "as is", and Digitalist hereby disclaim all warranties, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Digitalist shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon the Software.
(xi) We may update or modify this Agreement from time to time. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email to the billing or technical contact you designate in the applicable Order). If we modify the Agreement during your License Term or Subscription Term, the modified version will be effective upon your next renewal of a License Term.
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