{"id":131331,"date":"2025-05-12T13:00:59","date_gmt":"2025-05-12T12:00:59","guid":{"rendered":"https:\/\/stormagic.com\/lizenzierung\/"},"modified":"2026-06-24T22:14:41","modified_gmt":"2026-06-24T21:14:41","slug":"lizenzierung","status":"publish","type":"page","link":"https:\/\/stormagic.com\/de\/lizenzierung\/","title":{"rendered":"StorMagic-Endbenutzer-Lizenzvertrag (EULA)"},"content":{"rendered":"

<\/i><\/i><\/span>StorMagic EULA (click to expand)<\/span><\/a><\/h4><\/div>
PLEASE READ THE STORMAGIC EULA CAREFULLY BEFORE INSTALLING OR USING STORMAGIC SOFTWARE.<\/p>\n

This license agreement (\u201cLicense<\/strong>\u201d) is a legal agreement between the end-user (\u201cEnd User<\/strong>\u201d or \u201cyou<\/strong>\u201d) and the StorMagic entity providing the software product (the applicable providing entity is hereinafter referred to as \u201cStorMagic<\/strong>\u201d).<\/p>\n

Your location for the purposes of receiving the StorMagic software product (hereinafter \u201cProduct<\/strong>\u201d) and services (hereinafter \u201cServices<\/strong>\u201d) determines the providing StorMagic entity. This is detailed at Entities & Choice of Law – StorMagic<\/a> .<\/p>\n

StorMagic offer its Product and Services in various capacities and license models. A complete list of Product and Services options is made available directly to the End User, or indirectly via StorMagic\u2019s Partners, through its Price Lists. The specific type of the Product and any Services shall be as set out in the applicable Purchase Order.<\/p>\n

Stormagic licenses use of the Product to you on the basis of this License. StorMagic does not sell the Product to you. Stormagic remains the owner of the Product at all times.<\/p>\n

IMPORTANT NOTICE TO ALL USERS:
\n<\/strong>BY INSTALLING OR USING STORMAGIC SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE WHICH BIND YOU AND YOUR EMPLOYEES. THE TERMS OF THIS LICENSE INCLUDE IN PARTICULAR, LIMITATIONS ON WARRANTY AND LIABILITY.<\/p>\n

STORMAGIC LICENSE AGREEMENT<\/strong><\/p>\n

1. Definitions:<\/strong><\/p>\n

1.1 When used in this License with initial letters capitalized, these terms shall have the following meaning:<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\u201cAccount\u201d<\/strong><\/td>\nmeans any accounts or instances created by, or on behalf of, the End User or its Affiliates within the Product.<\/td>\n<\/tr>\n
\u201cAdditional Feature(s)\u201d<\/strong><\/td>\nmeans additional features or functionality that are available or enabled through the Product, but do not form part of the Product.<\/td>\n<\/tr>\n
\u201cAffiliate(s)\u201d<\/strong><\/td>\nmeans, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby \u201ccontrol\u201d (including, with correlative meaning, the terms \u201ccontrolled by\u201d and \u201cunder common control\u201d) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise, where such control is more than fifty percent (50%) of the voting interests of the subject entity.<\/td>\n<\/tr>\n
\u201cConfidential Information\u201d<\/strong><\/td>\nmeans all information disclosed by one party to the other Party which is in tangible form and designated as confidential or is information, regardless of form, which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including but not limited to the pricing terms, product plans and designs, business processes, security notifications, and customer advocacy communications.<\/td>\n<\/tr>\n
\u201cContract Start Date\u201d<\/strong><\/td>\nshall be as detailed in the applicable Purchase Order.<\/td>\n<\/tr>\n
\u201cData Protection Laws\u201d<\/strong><\/td>\nmeans all laws and regulations, including laws and regulations of Canada (including the Personal Data Protection and Electronic Documents Act (Canada) and the Canadian Anti-Spam Legislation, each as amended or superseded from time to time), the United States (including the California Consumer Privacy Act of 2018 (\u201cCCPA\u201d)), the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, including the GDPR, applicable to the processing of Personal Information under the Agreement.<\/td>\n<\/tr>\n
\u201cDefect\u201d<\/strong><\/td>\nmeans a failure in Product to conform to the specifications in the Documents.<\/td>\n<\/tr>\n
\u201cDocuments\u201d<\/strong><\/td>\nmeans the written or electronic documents, including user manuals, reference materials, installation manuals and\/or release notes, if any, that StorMagic generally makes available to its customers; provided that, Documents shall specifically exclude any \u201ccommunity moderated\u201d online forums, whether or not made available by StorMagic or accessible through a StorMagic Site.<\/td>\n<\/tr>\n
\u201cError\u201d<\/strong><\/td>\nmeans a failure in the Product to materially conform to the functionality defined in the Documents.<\/td>\n<\/tr>\n
\u201cGDPR\u201d<\/strong><\/td>\nmeans the Regulation (EU) 2016\/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Information and on the free movement of such data, and repealing Directive 95\/46\/EC (General Data Protection Regulation).<\/td>\n<\/tr>\n
\u201cIntellectual Property Rights\u201d<\/strong><\/td>\nmeans any and all of a Party\u2019s patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and\/or proprietary rights.<\/td>\n<\/tr>\n
\u201cLicense\u201d<\/strong><\/td>\nmeans this License together with any Purchase Order and other mutually executed documents which reference this License.<\/td>\n<\/tr>\n
\u201cLicense Key\u201d<\/strong><\/td>\nmeans a serial number provided by StorMagic that enables the End User to activate and use the Product.<\/td>\n<\/tr>\n
\u201cMalicious Software\u201d<\/strong><\/td>\nmeans any viruses, malware, Trojan horses, time bombs, or any other similar harmful software.<\/td>\n<\/tr>\n
\u201cPartner\u201d<\/strong><\/td>\nmeans an authorised reseller or distributor of the Products.<\/td>\n<\/tr>\n
\u201cPersonal Information\u201d<\/strong><\/td>\nmeans any information relating to an identified or identifiable natural person as defined under applicable Data Protection Laws.<\/td>\n<\/tr>\n
\u201cPrice Lists\u201d<\/strong><\/td>\nmeans a document or electronic resource provided by StorMagic that specifies the current fees and charges for the Products and Services including various license types, subscription options, support services, and any applicable add-ons or features.<\/td>\n<\/tr>\n
\u201cProduct\u201d<\/strong><\/td>\nmeans a StorMagic software product.<\/td>\n<\/tr>\n
\u201cService Data\u201d<\/strong><\/td>\nmeans all electronic data, text, messages, communications or other materials submitted to and stored within a Product by the End User and its Users in connection with the End User\u2019s use of such Products, excluding User Business Contact Information.<\/td>\n<\/tr>\n
\u201cServices\u201d<\/strong><\/td>\nProfessional Services<\/strong> means specialized, expertise-based assistance provided by StorMagic, including but not limited to, software installation, configuration, and setup.<\/p>\n

Support & Maintenance Services<\/strong> means the provision of technical assistance and software updates, including bug fixes, security patches, and minor version releases, for the purpose of ensuring the Software’s proper functioning and addressing user issues, as further defined in any associated support and maintenance contract.<\/td>\n<\/tr>\n

\u201cStorage Capacity\u201d<\/strong><\/td>\nrefers to the maximum amount of digital data that the Product permits the End User to manage, provision, or utilize, as specified in the applicable product options on the Price Lists.<\/td>\n<\/tr>\n
\u201cSubscription Term\u201d<\/strong><\/td>\nmeans the term of the subscription detailed in the applicable Purchase Order.<\/td>\n<\/tr>\n
\u201cSystems\u201d<\/strong><\/td>\nThe End User\u2019s hardware, applications, data, interfaces, tools, software (excluding the Product).<\/td>\n<\/tr>\n
\u201cTerm\u201d<\/strong><\/td>\nshall be as defined in clauses 2.4 (c) and (d).<\/td>\n<\/tr>\n
\u201cUsage Data\u201d<\/strong><\/td>\nshall be as defined in clause 2.10.<\/td>\n<\/tr>\n
\u201cUser\u201d<\/strong><\/td>\nmeans an individual who is authorized by the End User (or the End User\u2019s Affiliates) to use the Product through the End User\u2019s Account as a standard User and\/or Administrator, each as identified through an individual User Login. Users may include, for example, employees, consultants, contractors and agents of the End User, and third parties with which the End User transacts business.<\/td>\n<\/tr>\n
\u201cUser Business Contact Information\u201d<\/strong><\/td>\nmeans Personal Information about the End User\u2019s Users, such as their name and email address, that StorMagic stores separate from the Products in order to, among other things, communicate with the End User\u2019s Users related to StorMagic\u2019s provision and support of Products. User Business Contact Information is not considered Service Data.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

2. GRANT AND SCOPE OF LICENSE.<\/strong><\/p>\n

2.1. In consideration of payment by the End User of the agreed license fee, the End User\u2019s agreement to abide by the terms of this License and subject to clause 2.2, StorMagic grants End User a non-exclusive, worldwide, non-transferable, non-sublicensable, right to use the Product and the Documents on the terms of this License.<\/p>\n

2.2. During the Term, the End User may, in accordance with the terms of this License:<\/p>\n

    \n
  1. access and use, and permit Users to access and use, the Product for internal business purposes; and<\/li>\n
  2. access and use, and to permit Users to access and use, the Documents as reasonably necessary to support End User\u2019s permitted use of the Product during the Term.<\/li>\n<\/ol>\n

    2.3. Any experimental, technical preview or beta features delivered with the Product will be identified and are licensed for internal testing purposes only.<\/p>\n

    2.4. License Types:<\/strong><\/p>\n

      \n
    1. Evaluation or Trial License<\/strong>: If a Product is \u201cEvaluation\u201d, or a \u201cTrial License\u201d notwithstanding any term to the contrary in this License, your license permits use only for your internal demonstration, test, or evaluation purposes, and not for any other purpose, including without limitation production purposes. Your license is for a limited period of days communicated at the time of registration for the evaluation with no right to Services, warranty, or indemnification. Note that an Evaluation Product may disable itself upon the expiration of the License Key. In no event may an Evaluation Product be used beyond expiration.<\/li>\n
    2. Not For Resale (NFR) License<\/strong>: If a Product is purchased as a NFR License the End User is granted a limited-use license at a reduced or no cost, solely for demonstration, evaluation, training, or partner enablement purposes, and expressly prohibits resale or commercial distribution.<\/li>\n
    3. Perpetual License<\/strong>: If a Product is purchased with a base license the End User is granted a license to use the Product indefinitely, subject to the terms of this License and associated Service contracts (if any).<\/li>\n
    4. Subscription License<\/strong>: If a Product is purchased as a subscription license, the End User is granted a license to use the Products for the term detailed in the applicable Purchase Order, subject to the terms of this License. A Subscription License includes Support & Maintenance Services for the whole of the purchased Subscription Term.<\/li>\n<\/ol>\n

      2.5. Storage Capacity.<\/strong><\/p>\n

        \n
      1. Certain Products, as detailed in the Price Lists are tiered by Storage Capacity.<\/li>\n
      2. The End User acknowledges and agrees that these Products shall only be used to facilitate the creation and maintenance of the Storage Capacity purchased by the End User pursuant to the terms of this License.<\/li>\n
      3. The End User may increase the Storage Capacity at any time during the Term by purchasing additional Storage Capacity. The End User acknowledges and agrees that once additional Storage Capacity is purchased, the End User shall not subsequently be able to reduce the amount of Storage Capacity available.<\/li>\n
      4. The End User acknowledges and agrees that the amount of Storage Capacity shall be limited by any restrictions contained in the End User\u2019s Systems, including the physical capacity of such Systems.<\/li>\n<\/ol>\n

        2.6. Archive Copy<\/strong>. You may make one (1) copy of the Product in machine-readable form solely for back-up, provided that you reproduce all proprietary notices on the copy.<\/p>\n

        2.7. Usage Data.<\/strong> Notwithstanding anything to the contrary in this License, the End User acknowledges that the Products may provide Usage Data to StorMagic and StorMagic may monitor the End User and its Users\u2019 use of the Products and collect, and compile aggregated and anonymized data, information, analytics and diagnostic statistics relating to the provision and operation, and the End User\u2019s and its Users\u2019 use, of the Products (\u201cUsage Data<\/strong>\u201d).<\/p>\n

        2.8. Modifications<\/strong>. The End User acknowledges that StorMagic may modify the features and functionality of the Product during the Term without notice. Notwithstanding the foregoing, StorMagic shall provide the End User with thirty (30) days\u2019 advance notice of any reduction or degradation of any material feature or functionality of the Product, or any other material change that may affect he End User\u2019s use of the Product. StorMagic will not materially decrease the overall functionality of the Product purchased by the End User during the Term.<\/p>\n

        2.9. Extension of Rights to Affiliates<\/strong>. The End User may extend its rights and benefits provided herein to its Affiliates and to contractors or service providers acting on the End User\u2019s or the End User\u2019s Affiliates\u2019 behalf, provided that the End User remains responsible for their compliance hereunder. An Affiliate may also directly purchase Products or Services pursuant to the terms of this License provided that such Affiliate (i) executes a Purchase Order for such Products or Services; and (ii) agrees to be bound by the terms of this License as if it were an original party hereto. The End User authorizes StorMagic to share the content of this License with the End User\u2019s Affiliates.<\/p>\n

        3. USE OF PRODUCTS<\/strong><\/p>\n

        3.1. Login Management. <\/strong>To access the Products, User is required to open an Account. An Account administrator (\u201cAdministrator<\/strong>\u201d) will have the ability to add Users as required. All User Accounts and User logins are the responsibility of the Administrator and must be cancelled by the Administrator when no longer required. The End User and Users are responsible for maintaining the confidentiality of all User login information for an Account. The End User may not use the Product to circumvent the requirement for an individual User Login.<\/p>\n

        3.2. <\/strong>License Keys. <\/strong><\/p>\n

          \n
        1. Your license to the Product will be activated by License Keys that allow use of the Product.<\/li>\n
        2. The End User shall:\n