Thank you for downloading software from Company. The Company software application that you have downloaded (the "Application") enables you to use the Company service to which the Application relates (the "Service"). Such Services may include, but are not limited to, Unified Communications, Online Meeting, ShareSync, Hosted Contact Center, or other products and services offered by Company. This End User License Agreement ("EULA") is incorporated by reference into the Company Master Service Agreement that governs your use of the Service between Company and you or your employer or other entity that has granted you access to the Services (the "MSA"). Company's current standard form of Master Service Agreement is available at http://www.serverdata.net/legal.
By downloading or using the Application, you:
Subject to the restrictions set forth in this EULA and the MSA, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the Application in object code format, solely for use in connection with the Service.
No service legal agreements apply to any portion of the Services offered on a “beta” basis, as designated by Company, including but not limited to, products, plans, services, and platforms (“Beta Offering”). Notwithstanding anything else set forth in this Agreement, Company does not make any representations or warranties regarding any Beta Offering or the integrity of any data stored in connection with any Beta Offering. You are strongly discouraged from using any Beta Offering in connection with sensitive data. Company may, in its sole discretion, change or terminate any Beta Offering without notice and does not represent or warrant the result of any such action. Company may, in Company’s sole discretion, convert any Beta Offering to a paid service upon notice to the person or entity that has purchased the Services from Company (which may be You, Your employer, or such other entity that has granted you access to the Services). To avoid incurring increased charges following such a conversion, You must terminate (i) the individual converted service (if possible) by contacting Company as directed in the conversion notice, or (ii) if You subscribe to no other services under Your Account, the entire Account, pursuant to the MSA.
THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS EULA EXCEED THE AMOUNT SET FORTH IN THE MSA GOVERNING THE PURCHASE OF THE SERVICES BY YOUR ORGANIZATON. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This EULA will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this EULA will be brought exclusively in any court of competent jurisdiction located in Santa Clara County, California.
If you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This EULA is between you and Company only, not with Apple. Company (and not Apple) is responsible for the Service and the content of the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. You may only use the iOS Application on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Application infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
EULA v. 2.2 (August 2025)