This Agreement contains terms and conditions of granting by ISPsystem LTD (hereinafter – ISPsystem, the Licensor) duly represented by Chief Executive Officer I.A.Chekushkin, acting pursuant to the Articles of Incorporation, non-exclusive license on software, for which exclusive rights are owned by ISPsystem, to Company LLC (hereinafter – «the Licensee») duly represented by John Smith, acting pursuant to the Articles of Incorporation, both collectively referred to as «the Parties» and individually – «the Party»
This document is not a contract of adhesion. The Parties upon their mutual agreement may change terms and conditions stipulated herein. ISPsystem has a right to refuse to enter into this Agreement under the terms and conditions provided herein without assigning any reason of such refusal.
As a general principle, entering into this Agreement shall be made via an interface of web site, owned by ISPsystem, by means of cumulative physical acts of accepting terms and conditions of license agreement performed by the Licensee, and exchanging of electronic messages as follows: sending an offer by one Party and its acceptance by the second Party. An exchange of electronic messages with the use of login and password made by a person, who is willing to enter into this Agreement, through its personal account, shall be treated as exchange of documents authenticated by the equivalent of handwritten signature.
This Agreement may be executed in written form upon the request from the Licensee.
1.1. «Licensor» - ISPsystem is the developer and right holder of the exclusive rights to the Software Products, and has legal authority to transfer the right of use and the right of distribution of the Software Products by this Agreement (according to terms and conditions stipulated below).
1.2. «Licensee» – a person acting pursuant to the legislation of its place of residence that has legal authority to enter into legal relationships with the Licensor under this Agreement. The Licensee obtains from the Licensor a right to use Software Products under the terms and conditions of ordinary (non-exclusive) license to the extent of this Agreement, including the right to sublicense the Software Products (i.e. to grant the right of use of the Software products to third party) under the terms and conditions provided in this Agreement.
1.3. «Agreement» – this License agreement, including all supplements (annexes) thereto.
1.4. «Software Product» – software application (software system), the exclusive rights to which are owned by the Licensor. Software Products are placed on the ISPsystem’s web site.
The exact list of the Software products, the non-exclusive license to which may be granted under this Agreement, its description, including price and term of the license, are directly provided in Annex # 1 thereto. The list of Software Products is placed on the ISPsystem web site for informative purposes only.
1.5. «Activation Keys» – element of digital rights management software, which ISPsystem uses for the purposes of protection of the Software Products against unlawful use, as well as for the purposes of granting right to use the Software Products under the terms of non-exclusive license within the scope of this Agreement.
1.6. ISPsystem web site» – set of web pages in information and telecommunication network, the Internet, consolidated by unified address space of domain ispsystem.com, and all domains and subdomains of the following levels.
1.7. «Order of Software Products» – cumulative physical acts of accepting terms and conditions of license agreement done by the Licensee, and exchanging of electronic messages as follows: sending an offer by one Party and its acceptance by the second Party. The abovementioned offer shall contain terms and conditions of granting license for Software Product, whereas its acceptance shall express appropriate will to settle a deal under terms and conditions provided. The Order of Software shall contain the following information:
1.8. «Technical Support» – consultation provided by ISPsystem to the Licensee regarding the Software Product installation, settings and usage.
1.9. «Incident» – outstanding question or any other request, which results in a situation when the Licensee asks the Licensor for Technical support.
1.10. «Software Products distribution right» («sublicensing right») – distribution of the Software Products through sublicensing agreements.
1.11. «Support Package» (of Incidents) – a certain quantity of Incidents (requests to the Licensor), which the Licensee may additionally purchase under the terms and conditions stipulated in Annex #4 hereto.
1.12. «Software Product Update» – improvements of current version of the Software Product developed by the Licensor; improvements of the Software product’s uninterrupted performance; bugs eliminating and modernization of current version of the Software Product.
1.14. «Annual Turnover» – all amount of payments from the Licensee to the Licensor for the last year (365/366 previous days).
2.1. Subject to the terms and conditions of this Agreement the Licensor hereby grants to Licensee the non-exclusive right and license to the Software Product (the Software Products) for the consideration mentioned in Annex #1 hereto.
2.2. The current list of the Software Products, to which a non-exclusive license may be granted under the terms and conditions of this Agreement, is provided in Annex #1 hereto.
After the Licensee entered into this Agreement, a license to any new Software Product shall be granted according to additional Annex to this Agreement, unless separate license agreement is required. Whenever separate license agreement is needed this decision shall be made solely by the Licensor.
2.3. All actions performed by the Parties, particularly, making the Order of Software Products, rendering Technical Support by the Licensor, and all other actions related to the foregoing, shall be made in the Licensor’s automated billing system at ISPsystem’s web site.
Hereby the Parties confirm that all information available within the Licensor’s automated billing system is irrevocable and incontestable immediately upon its deposition by either the Licensor or the Licensee.
Neither of the Parties shall appeal to the information different from the information located within the Licensor’s automated billing system, as a basis of the Party’s rights and liabilities according to this Agreement, unless the changing of information was made upon prior consent of the Parties . The abovementioned consent could be made, in particular, through exchange of electronic messages between the Parties.
In case of any technical trouble, the Licensor shall recover the information as it was before such trouble arose, and shall make all necessary reconciliations of payments with the Licensee, if required.
2.4. Under this Agreement the Licensee is the owner of rights to use and/or to distribute non-exclusive license for the Software Products, subject to terms and conditions provided hereof (the right to sublicense).
2.5. The Licensee is entitled to use and to distribute the Software Products worldwide.
Non-exclusive license period starts from the date of activation of the license within the automated billing system of the Licensor, and lasts until non-exclusive license period is expired, in accordance with Annex #1 hereto.
2.6. The Activation Key may be activated immediately upon completion of payment for the Software Product via the interface of Licensor’s automated billing system at ISPsystem’s web site.
2.7. License payment for the Software Product shall be settled as per the Licensor’s invoice. The Software Products prices are set in the currency provided in Annex # 1 hereto. Payment shall be settled in Russian rubles at the exchange rate of the Bank of Russia at the date of payment, save for the below mentioned cases. Legal entities (individuals) who are not incorporated under the laws of the Russian Federation with headquarters outside of the Russian Federation (individuals, who are not residents of the Russian Federation due to the currency control legislation) are entitled to settle license payments in foreign currency, provided that all applicable requirements of the Russian currency control legislation as well as Licensor’s bank rules are met.
2.8. All electronic documents, notifications and expressions of will made or executed via the interface of Licensor’s automated billing system using communication channels are deemed by the Parties as duly executed in written form, unless otherwise provided herein.
2.9. This Agreement is concluded due to the fact that both Parties conduct business activities. The Licensee shall not enter into this Agreement if the Licensee’s aims are not connected with its business activities (for instance, any personal, family, domestic or any other daily needs).
2.10. For the purposes of protection of rights for intellectual activity results, receipt of statistical data, performance of the Licensor’s obligations to the Licensee, as well as for the purposes of ensuring safety and due to performance of the Software Products, the Licensor shall have the right to use technical tools and methods for protection of intellectual activity results and information (digital rights management software).
2.11. The license for the Software Product is indivisible.
2.12. The license for the Software Product shall also apply to updates, additions, additional components which may be provided, or access to which may be granted by the Licensor, in case when the right to use such updates, additions, additional components is not transferred on the basis of separate agreements (for instance, when abovementioned Updates are provided for additional consideration).
3.1. When the Licensee is interested in the distribution of the Software Products, the foregoing distribution shall be made subject to the terms and conditions of sublicensing agreements between the Licensee and third parties. The Licensor hereby gives his consent to conclusion of any sublicensing agreement; separate consent ad hoc in written form is not required. The Licensee may conclude any further sublicensing agreements subject to terms and conditions set forth solely by the Licensee, including all applicable limitations and other terms related to the Software Products distributed, unless otherwise stipulated in this Agreement.
The Licensee may set forth prices for the Software Products for the third parties – Clients in sublicensing agreements, solely at the Licensee’s discretion.
Notwithstanding actual price for the Software Products given in sublicensing agreements with third parties, the Parties hereby confirm and agree that the Licensor shall have no right to any one-time and/or periodical payment for the sublicense (royalty payments), except payment for the non-exclusive license made by the Licensee.
3.2. The Licensee shall be granted the rights to use the Software Products as follows:
3.2.1. the right to install the Software Product by copying it in the computer memory;
3.2.2 the right to make the Software Product available to the public to the extent that any person or person chosen by the Licensee would have access to the Software Product via information and telecommunications network, including the Internet; the Licensee is entitled to make the Software Product available to the public only by means when the third parties (Clients) would have access only to visible images generated by the Software Products and/or when the Client has only an opportunity to interactively communicate with the functional part of the Software Product;
3.2.2. the right to use the Software Products only in accordance with their purposes; use of the Software Products for the purposes different from its functionality as well as their technical description and guidelines provided by the Licensor shall be treated as a material breach of this Agreement (such guidelines could be presented, inter alia, in documentation and Auxiliary materials).
3.3. The right to use the Software Products shall be granted considering following limitations:
3.3.1. the Licensee may not modify the Software Product, i.e. may not make changes other than:
3.3.2. While using the Software Product (whatever the use is) the Licensee shall not pursue any action resulting in changing or deleting any visible images of the trade mark, service mark, trade name or copyright symbol generated by the Software Product (unless otherwise was discussed and agreed by the Licensor). Any actions resulting in difficulties with identification of symbols mentioned herein, particularly, its dimming or size changing, are forbidden.
Changing of symbols mentioned in this Para is allowed only by means of the Software Product interface.
3.3.3. The Licensee shall not:
3.4. The Licensee hereby confirms that the Licensor reserves all exclusive rights to the Software Products; the Licensee shall not breach the above-mentioned rights as well as intellectual property rights of third parties while using the Software Products.
3.5. The Licensee shall have a right to provide technical support and assistance of the Software Products at its own discretion.
3.6. The Licensee shall not assign, transfer or otherwise alienate its rights under this Agreement without prior written consent of the Licensor.
3.7. For the proper use of the Software Products, the Licensee is advised to meet minimum technical requirements provided by the Licensor regarding each Software Product.
3.8. In order to monitor performance of the Software Products remotely, the Licensor is entitled to use digital rights management software. The purposes of that monitoring are the following (including, but not limited to): obtaining statistical data about the Software Products performance, monitoring of the Software Products lawfulness of use, searching for the potential Software Products vulnerabilities.
The Parties assume that the Licensor does not collect any personal data of the Licensee’s employees during the foregoing monitoring.
4.1. The Order of Software Products shall be made using the Licensee’s unique account via the interface of the Licensor’s automated billing system on ISPsystem’s web site. An access to the Licensee’s unique account is granted after identification and authorization of the Licensee in the private section of ISPsystem’s information system. All expressions of will made via the interface of the Licensor’s automated billing system shall be deemed proper and may not be disputed by the Licensee.
An Order (Annex #1 hereto) shall contain the following information: certain software granted, subject to terms and conditions of this Agreement, scope of rights transferred, the amount of consideration and the Support Packages. The Order agreed by the Parties is basis for invoice issued by the Licensor.
For the avoidance of doubt the Parties confirm that the Licensee is entitled to acquire Support Packages separately from certain Software Product.
4.2. The Licensor registers the Licensee in the Licensor’s information system and provides the Licensee with corresponding access for the purposes of downloading Activation Keys. The registration shall be based on information provided by the Licensee at the time of making an Order. Validity of the Activation keys uploaded to the servers shall comply with terms of license for the Software Products.
4.3. If the Licensee is willing to sublicense the Software Product under corresponding sublicensing agreements, the Licensee shall at its own discretion and at the Licensee’s own expense provide the Clients with capability to order the Software Products and to transfer license payments for it, provided that Para 3.1. of this Agreement is met.
4.4. The Licensee shall have a right to obtain discounts depending on the Licensee’s Annual Turnover. Calculation of the Annual Turnover, and thus, calculation of discounts, is made on a day-to-day basis by the Licensor.
The Annual Turnover shall be determined based on the Licensor’s automated billing system and may not be challenged.
Annex # 2 hereto contains amounts of discounts provided and corresponding Software Product list.
However, notwithstanding the foregoing, the Licensee shall not have a right to obtain the discounts if the following conditions are met simultaneously:
4.5. The Software Products are provided with relevant Additional materials in written form or in any other applicable form. The Additional materials may contain information regarding the Software Products description, its installation, adjustment and usage instructions etc. An access to the Additional materials is provided via the Software Product user interface. All Additional materials shall be deemed as separate items of intellectual property owned by the Licensor.
The Licensor may not use Additional materials for the purposes different from the purposes necessary for the performance of this Agreement.
4.6. The Licensor grants the Licensee the right to use Additional materials throughout the term of using corresponding Software Products and to make its reproduction (copying) for the abovementioned purposes.
5.1. The Licensee shall have a right to obtain technical support provided by ISPsystem’s employees regarding any issues related to the use of the Software Products (Incident), including installation, adjustment and usage issues. Detailed Regulation of technical support is published on ISPsystem’s web site.
5.2. The consultations provided to the Licensee do not include troubleshooting of the server, where Software Products are installed, as well as the resolution of other problems reported by Licensees.
The Licensor shall be entitled, on its sole discretion, unilaterally, to divide one reported Incident to a number of different, provided that the Licensee’s call for support involves various characteristic aspects of the Software Product.
When the Licensor decides to divide the Incident, the Licensor notifies the Licensee thereof.
5.3. When providing technical support to the Licensee, ISPsystem (represented by the relevant specialists) shall be entitled to refuse to provide consultations on the Incident in the following cases:
Recognizing the Licensee’s legitimate right to adapt the Software Product, the Licensor reserves the right to refuse to perform its obligations concerning Technical Support for the Software Product without compensation of possible losses, if, as a result of adaptation by the Licensee, object code of the Software Product would be modified, after the restoration of the original condition of the Software Product by the Licensee, the Licensor shall not be entitled to refuse to perform its obligations under the Technical Support of the Software Product on the grounds specified in this Para.
5.4. Depending on the amount of funds transferred by the Licensee to the Licensee’s personal account, the Licensee shall have a right to receive additional free-of-charge Incidents. One free-of-charge Incident shall be given to the Licensee for each complete 100 (one hundred) Euros transferred to the Licensee’s personal account.
However, notwithstanding the foregoing, the Licensee shall compensate to the Licensor total price of the free-of-charge Incidents in the following case.
The Licensee shall compensate the Licensor total price of the free-of-charge Incidents if all further conditions are met simultaneously:
If all conditions provided above are met, the Licensor may withhold a sum of compensation which equals to the price of free-of-charge Incidents used by the Licensee. The sum of compensation for 1 (one) Incidents is 30 (thirty) Euros.
5.5. The Licensor also provides the Licensee with the opportunity to purchase additional Support Packages (a certain number of Incidents), or calls to the Licensor for Technical Support, provided that the Support Package would be ordered via the automated billing system on the ISPsystem’s web site, due to the terms and conditions provided in Annex 4 hereto.
The price for each additional Support Package shall be calculated and paid separately from the Software Product price.
5.6. The free-of-charge Incidents are available with no expiration date during the term of this Agreement.
6.1. The Licensor may periodically releases the Software Products Updates, the installation of which could eliminate the errors of the Software Products, expand the functionality of the Software Products, etc.
6.2. Downloading and installation of the Software Products Updates shall be made automatically (unless otherwise provided herein), provided that the server with the installed Software Product is connected to the Internet, information and telecommunication network, and has a valid Activation Key (Activation Key, the validity of which has not expired at the time of renewal of the Software Product).
Downloading and installation of the Software updates are made only with the Licensee’s consent.
6.3. All Software Product Updates shall be available for downloading for the Software Product license period selected in the Order, unless another period is decided by the Licensor at its sole discretion.
6.4. Any Software Products Updates related to the Software Products acquired by the Licensee under the terms of “lifetime lease” according to Annex #1 herein, are provided at an additional consideration amounting to 50 (fifty) percent of the annual cost of lease of such specific Software Product, per annum. However, the first year of using this Software Product shall not be charged.
7.1. Hereby the Parties confirm and agree that confidential information which became known to the Parties during the performance of this Agreement shall not be made public or transferred to any third party, unless otherwise is provided by the legislation or certain agreement between the Parties.
7.2. The term “confidential information” includes all information that is referred to as confidential (or all other information that implies commercial secrets or intellectual property) in accordance with Russian law (including personal information, secrecy of telephone conversations, etc.), along with any information or part of it that the disclosing party treats as confidential or that originates therefrom and is marked as confidential or similar, or otherwise (e.g., in a contract, agreement) specified as confidential.
7.3. Disclosure of the confidential information to official bodies duly authorized in compliance with applicable laws to request disclosure of the confidential information shall not be treated as breach of this Agreement.
7.4. Confidential information remains fully owned by the Party which owns such information.
7.5. Information shall not be deemed confidential information, if the Party may prove any of the following:
7.6. Each Party hereby confirms, that unauthorized disclosure or use ofconfidential information may cause harm to another Party.
7.7. Confidentiality obligations stipulated by this Para shall survive for the term of this Agreement and 3 (three) consecutive years after termination or cancellation of this Agreement under any circumstances and to the full extent provided by the law.
8.1. The Parties shall bear responsibility in accordance with the effective legislation of the Russian Federation for the non-execution or improper execution of their liabilities under this Agreement.
8.2. The Parties shall be released from responsibility for full or partial nonperformance of obligations under this Agreement, if proper performance appears impossible due to force-majeure, i.e. extraordinary and unavoidable circumstances under existing conditions, arising after conclusion of this Agreement.
Such circumstances shall include: fires, caused by natural events, natural disasters, military actions, including civil war, introduction of a state of emergency, acts of terror, mass disorders, strikes (except for strikes of employees of the Parties), changes in governing laws and other circumstances, arising after conclusion of this Agreement, which a Party could neither foresee, nor prevent by reasonable measures, provided such circumstances prevent proper performance by the Parties of their obligations.
A fact of occurrence of such circumstances and their duration shall be proven by a document, issued by the Chamber of Commerce and Industry of the state of the Party's residence or by another competent authority. Such documentary evidence, however, shall not be required, if these circumstances actually appear to be and are recognized by both Parties as publicly known.
A Party shall not be entitled to refer to force-majeure circumstances as the ground for release from responsibility if such circumstances occurred after the term assigned for performance of respective obligations under this Agreement (at the time when a Party was in delay in performance of its obligations).
A Party, which is prevented from performance of its obligations by the aforesaid circumstances, shall be obliged to notify another Party in writing of occurrence and termination of such circumstances within 3 (three) days upon occurrence and respectively termination of their effect. Otherwise, a Party referring to the force-majeure shall be released form responsibility for nonperformance of its obligations under this Agreement only from the date of the providing the notification of such circumstances occurrence and until the date of actual termination of their effect.
In case the force-majeure circumstances stay in effect for more than 6 (six) months, each Party may terminate the Agreement.
8.3. The Licensor shall not be liable for any damage, losses or lost profit that may occur due to the use of the Software Products, as well as any losses related to revocation of the license rights to the Software Products (termination of this Agreement). The Licensee entering into this agreement shall be guided by the principle “as is”.
The Licensee shall fully accept the risk of consequences of using the Software Products, including their interaction with any other software that may be installed on the Licensee’s computer (server), and agree that the result of using the Software Products may fail to meet the Licensee’s expectations.
8.4. The Licensor shall not be liable for any damages or losses (including, but not limited to any lost profit, losses resulting from the loss of any confidential information) that may occur due to the use or impossibility to use the Software Products, including in case of any failure of program operation of the Software Product, even if the Licensee has sent a notice on the possible emergence of any such damage and/or losses.
The Licensor shall not be liable to any persons for the unlawful acts of any third parties, short-term technical deficiencies or failures of equipment caused by network failures and any similar malfunctions which may be applied for using the Software Products.
8.5. Each Party shall fulfill its obligations according to this Agreement and applicable national and international law and assist to the other Party in fulfilling its obligations.
8.6. If any third party submits claims to the Licensor related to copyright of the Software Products and any other claims caused by Licensor’s breach of this Agreement, the Licensor undertakes to use reasonable efforts to conflict settlement.
8.7. The Licensee shall be solely liable to any third parties, including the Licensee’s sublicensees, for any the Licensee’s actions or omissions.
8.8. The Licensor shall not be liable for any Licensee’s (the Licensee’s Client) losses caused particularly by impossibility to use the Software Products.
8.9. The Licensor retains the right to terminate this Agreement unilaterally in case of the Licensee’s breach of any essential condition of this Agreement.
9.1. All disputes and disagreement arising from this Agreement shall be considered by the Parties by means of negotiations. In case the consensus cannot be reached by negotiations all disputes shall be settled in the Arbitration court of Irkutsk region (Russia, Irkutsk) in accordance with established rules of the Russian Federation.
10.1. The correspondence between the Parties on the execution of this Agreement shall be carried out using the contact information provided by each of the Parties and specified in the “Addresses, contact information and details of the parties” section of this Agreement.
10.2. For the purposes of electronic messages exchanging, the Parties shall use the «Support Center» section of ISPsystem’s information system, which is accessed by Licensee after authorization. All messages are also copied to the email address specified by the Licensee in the settings of an information system. Any files attached to an e-mail message (attachments) are deemed integral parts of the message.
11.1. The term of this Agreement shall commence as of the date of execution and shall expire upon five (5) years unless this Agreement is terminated upon a mutual agreement of the Parties or unless unilateral termination. The date of execution is the date of exchange of electronic messages between the Parties regarding conclusion of this Agreement.
However the Parties confirm and agree that the term of a non-exclusive license for the Software Products shall be defined in the Annex #1 hereto.
The term of the Agreement shall be automatically extended for the same period and on the same conditions unless one of the Parties notifies the other Party in writing at least 90 days before the term expiration date that it wishes the Agreement to expire.
11.2. This Agreement may be terminated by the mutual agreement of the Parties, as well as unilaterally by sending a written notice of termination of the Agreement by the authorized representative of the Party terminating the Agreement, at least one month before the date of termination.
11.3. If this Agreement is terminated on the Licensor’s initiative, particularly, in case of a material breach by the Licensee, the Licensee shall have no right to reclaim anything what was performed up to the date of termination.
12.1. The Licensor shall have a right to amend this Agreement unilaterally at any time during the term hereof. Ten (10) days prior to the commencement of the relevant amendments, the Licensor shall provide the Licensee with the supplemental agreement to amend the terms of this Agreement. Upon the period of ten (10) days from the date of submitting the changes by Licensor, Licensee shall be deemed as having accepted the changes in full, even if the Licensee refrained from answering. Thereafter the Parties shall be governed by both the Agreement and the relevant Supplemental Agreement.
In the event of refusal of the Licensee to accept these changes, it has the right to terminate this Agreement unilaterally.
12.2. The Parties shall be governed by the regulations of the effective legislation of the Russian Federation in all respects which are not settled by this Agreement.
12.3. This Agreement is executed in 2 (two) copies in English, of equal legal capacity, one for each of the Parties to the Agreement.
12.4. The Parties undertake to notify each other of the change of their location, banking and other details, which could influence the execution by the Parties of their respective liabilities resulting from the Agreement in accordance with section 10 of this Agreement.
12.5. In case one or several provisions of this Agreement are declared invalid, the invalidity of these provisions shall not affect the force of the other still valid provisions of this Agreement, which shall remain in force for the Parties’ relations resulting from the Agreement.
|ISPsystem Company (Licensor)||Licensee|
Сент-Винсент и Гренадины, Kingstown, 112 Bonadie Street
Tel: +32 28080760
_________________ /I.A. Chekushkin/
_________________ /John Smith/
|Software Product||1 month lease||1 year lease||Lifetime lease|
|ISPmanager 5 Lite||4.00 EUR||40.00 EUR||60.00 EUR|
|ISPmanager 5 Business (includes 1 node)||12.00 EUR||120.00 EUR||240.00 EUR|
|additional node||12.00 EUR||120.00 EUR||240.00 EUR|
|VMmanager 5 OVZ (includes 1 node)||8.00 EUR||80.00 EUR||160.00 EUR|
|additional node||8.00 EUR||80.00 EUR||160.00 EUR|
|VMmanager 5 KVM (includes 1 node)||8.00 EUR||80.00 EUR||160.00 EUR|
|additional node||8.00 EUR||80.00 EUR||160.00 EUR|
|VMmanager 5 Cloud (includes 5 nodes)||80.00 EUR||800.00 EUR||1600.00 EUR|
|additional node||16.00 EUR||160.00 EUR||320.00 EUR|
|BILLmanager 5 Standard||8.00 EUR||80.00 EUR||160.00 EUR|
|BILLmanager 5 Advanced||12.00 EUR||120.00 EUR||240.00 EUR|
|BILLmanager 5 Corporate||48.00 EUR||480.00 EUR||960.00 EUR|
|DNSmanager 5||9.00 EUR||54.00 EUR||72.00 EUR|
|IPmanager 5||9.00 EUR||54.00 EUR||72.00 EUR|
|DCImanager 5 Essential FREE (up to 5 servers)||0.00 EUR||0.00 EUR||0.00 EUR|
|DCImanager 5 Essential (up to 100 servers)||6.00 EUR||60.00 EUR||120.00 EUR|
|DCImanager 5 Progressive (from 100 servers)||12.00 EUR||120.00 EUR||240.00 EUR|
|additional 100 servers||12.00 EUR||120.00 EUR||240.00 EUR|
|DCImanager 5 Enterprise (includes 100 racks)||-||-||10000.00 EUR|
|additional 100 racks||-||-||1000.00 EUR|
_________________ /I.A. Chekushkin/
_________________ /John Smith/
The Licensor grants to the Licensee a right to obtain discounts depending on actual amount of the Licensee’s “Annual Turnover”. Recalculation of the amount of the “Annual Turnover” and, accordingly, the amount of discount shall be carried out by Licensor on a daily basis. This Annex contains the size of promotional discounts for the Licensee and a list of Software Products to which they apply.
|Annual Turnover||Discount||Software Products|
|from 500 to 1000 EUR||10%||Product Group №1|
|from 1000 to 2000 EUR||20%||Product Group №1|
|from 2000 to 5000 EUR||30%||Product Group №1, Product Group №2|
|from 5000 to 10000 EUR||35%||Product Group №1, Product Group №2|
|from 10000 to 25000 EUR||40%||Product Group №1, Product Group №2|
|from 25000 to 50000 EUR||45%||Product Group №1, Product Group №2|
|from 50000 to 100000 EUR||50%||Product Group №1, Product Group №2|
|from 100000 to 250000 EUR||55%||Product Group №1, Product Group №2|
|from 250000 to 500000 EUR||60%||Product Group №1, Product Group №2|
|from 500000 to 1000000 EUR||65%||Product Group №1, Product Group №2|
|более 1000000 EUR||70%||Product Group №1, Product Group №2|
Product Group №1: ISPmanager 5 Lite, ISPmanager 5 Business, BILLmanager 5 Standard, BILLmanager 5 Advanced, VMmanager 5 OVZ, VMmanager 5 KVM, DNSmanager 5, IPmanager 5, DCImanager 5 Essential, DCImanager 5 Progressive.
Product Group №2: BILLmanager 5 Corporate, VMmanager 5 Cloud.
_________________ /I.A. Chekushkin/
_________________ /John Smith/
The Licensor provides the opportunity to purchase additional Support Packages (for a certain number of Incidents), for extra number of support requests to the Licensor for technical assistance in addition to the amount of free Incidents granted under section 5.4. of this Agreement, provided that the Support Package would be ordered via the automated billing system on ISPsystem’s website.
|Number of Incidents covered by the Support Package||Price|
|1 incident||30.00 EUR|
|5 incidents||100.00 EUR|
|30 incidents||300.00 EUR|
_________________ /I.A. Chekushkin/
_________________ /John Smith/