Relay license agreement
Version 0.1
This is an earlier version. It is kept so you can read what applied before. Read the current version
VIAALINK RELAY — END USER LICENSE AGREEMENT
*** DRAFT — PENDING LEGAL REVIEW. NOT YET IN FORCE. ***
Version: 0.1 (draft)
Effective date: [effective date — set when this version is published]
Viaalink Relay is proprietary software. It is not open source. Some parts
of it are open-source software from others; those parts are listed in
THIRD_PARTY_NOTICES.txt and stay under their own licenses (section 6).
Text in [square brackets] is still to be filled in or confirmed.
1. WHO THIS AGREEMENT IS BETWEEN
This agreement is between [Viaalink legal entity, legal form, registered
address, KvK number], trading as Viaalink ("Viaalink", "we", "us"), and the
person or organisation that installs or runs Viaalink Relay ("you"). If you
accept it for an organisation, you confirm that you may bind it.
You accept this agreement by installing, starting or using the software. If
you do not accept it, do not install or use the software.
2. WHAT IT COVERS
"The software" is Viaalink Relay as we publish it: the viaalink-relay
binaries, the viaalink/relay container image, the ASUSTOR app, the files
shipped with them, and updates we publish for them.
This agreement covers only Relays that you run yourself, on hardware you own
or rent. It gives you no right to use any server that we run.
3. WORDS USED HERE
- Free: our no-cost plan, used with a Free license from viaalink.com/account,
within the Free limits in section 4.2.
- Personal, Team, Business, Enterprise: our paid plans. What each plan
includes is shown on viaalink.com when you buy it and is written into
your license.
- License: the right to use the software under the Free plan or a paid
plan, for a term.
- Activation code: the code from viaalink.com/account that you enter once to
activate a Relay.
- License file: the signed file the Relay keeps in its data folder that
records your plan, its term and its limits.
- Installation: one activated Relay, or several Relay instances working
together as one (redundancy). One license covers one installation.
- Instance: one running Relay.
- Connected devices: the number of connections to the Relay that are open
at the same time from devices that publish through it. One running client
(for example one `via` process) counts as one, however many addresses it
publishes; three clients running on one laptop count as three.
- Visitor: anyone who opens a published address, for example in a browser.
Visitors are never counted as connected devices.
- Published address: an address on your Relay's domain that makes one of
your devices' services reachable.
4. YOUR LICENSE TO USE THE SOFTWARE
4.1 Grant. We give you a non-exclusive, non-transferable right to install
and run the software, for your own purposes and those of your organisation,
within the limits of your plan. You may make the copies you need for
running, backing up and testing it.
4.2 Free. With a Free license you may run the software with up to 10
connected devices at the same time and without redundancy. A Free license
is valid for 30 days and the software renews it online by itself (section
8). After the first start you may run the software for 14 days without any
license, within the same limits; after that it accepts no new connected
devices until a license is activated. The software enforces these limits
itself. [confirm: Free may be used commercially.]
4.3 Paid plans. With a license you may use the software as your plan and
your license file allow: the term, the number of instances working together
as one installation, and the other limits stated there. A license is
activated on one machine. You can move it to another machine from
viaalink.com/account, up to 3 times per 30 days. When a license ends and is
not renewed, devices that are connected stay connected, but the software
accepts no new connected devices until a license — Free or paid — is
activated again.
4.4 Fair use. Some plan limits are not enforced by the software. For those,
fair use applies: use the plan the way a typical customer of that plan
would, as described on viaalink.com. If your use goes far beyond that, we
will contact you first and agree a plan that fits; we will not end your
license over it without notice.
4.5 Payment. Prices, payment, renewal, cancellation and refunds for paid
plans are governed by the terms of sale on viaalink.com [link to the terms
of sale].
5. WHAT YOU MAY NOT DO
Unless we agree otherwise in writing, you may not:
a. sell, rent, lend or sublicense the software, or distribute it as part of
your own product. You may point others to our official downloads;
b. distribute modified copies of the binaries, the container image or the
ASUSTOR app;
c. bypass, disable or tamper with the license checks, the license file or
the limits of your plan, or create, alter or share license files or
activation codes outside your own installation;
d. reverse-engineer, decompile or disassemble the software, except
(1) where and as far as the law allows this regardless of this
agreement (for example to achieve interoperability, as the EU Software
Directive and article 45m of the Dutch Copyright Act allow), and
(2) for the open-source parts listed in THIRD_PARTY_NOTICES.txt, which
you may use under their own licenses;
e. remove or change copyright notices, license notices or
THIRD_PARTY_NOTICES.txt.
6. OPEN-SOURCE PARTS
Viaalink Relay was originally forked from sish (Copyright (c) 2019 Antonio
Mika), which is licensed under the MIT license, and it contains other
open-source components. THIRD_PARTY_NOTICES.txt, shipped with the software,
lists them with their license texts. Each of those components is licensed
to you under its own license, not under this agreement. Nothing in this
agreement limits the rights those licenses give you. Where this agreement
and such a license conflict for that component, that license applies.
7. YOUR RESPONSIBILITY AS OPERATOR
You run the Relay and decide what is published through it. You are
responsible for:
- the services, content and data that you and your users publish or carry
through your Relay;
- complying with the law that applies to that, including privacy law. We do
not see the traffic that passes through your Relay;
- dealing with complaints about published addresses on your domain.
You may not use the software, or let others use your Relay, to break the
law or harm others — for example to spread malware, phishing or spam, to
publish illegal content or content that infringes others' rights, to attack
or get unauthorised access to systems, or to hide such activity.
8. WHAT THE RELAY SENDS TO US
The software checks your license file on your own machine. It contacts our
license server (viaalink.com/api/license) only in these cases, over HTTPS:
a. When you activate a license with an activation code: the activation
code; a public key the Relay creates for itself on first start (we keep
a hash of it); a one-way hash of the machine's identifier (for example
/etc/machine-id), not the identifier itself; your Relay's domain name,
if you have set one; the platform (Linux, Docker, macOS or Windows); the
Relay's version; the number of connected devices at that moment; a
timestamp; and a signature over the request.
b. When you add an instance to an installation with a join code: the same
items, with the join code instead of the activation code and without the
domain name.
c. To renew a license file, Free or paid: a Free license from the day it is
issued, a paid license from 30 days before it expires, about once a day
(sooner again after a failed attempt): the installation and instance
identifiers from the license file, the Relay's public key, its version,
the number of connected devices at that moment, a timestamp and a
signature.
Without a license the software sends us nothing; it does not activate by
itself.
Like any web server, the license server also sees the IP address a request
comes from.
The software does not send us your published addresses, your visitors,
your traffic or your logs. The setup page of your Relay lists the same
items.
We use this data to issue, bind, renew and protect licenses, to see which
installations are running and on which version, to stop abuse of the Free
plan, and to give support. Our privacy policy [link to the privacy policy] explains how we
handle it.
Other connections are made only by features you configure yourself, for
example certificate issuance from the certificate authority and DNS
provider you choose. [confirm: complete list of outbound connections in a
release build.]
9. UPDATES AND SUPPORT
We may publish updates, but are not obliged to. Each update comes with the
version of this agreement shipped with it. Support depends on your plan, as
described on viaalink.com.
10. TERM AND TERMINATION
This agreement lasts as long as you use the software. You may end it at any
time by removing the software.
We may end it, or your license, by written notice if you seriously breach
it and do not fix the breach within 14 days of our notice. We may end it
straight away if you breach section 5(c) or use the software for clearly
illegal purposes.
When it ends, you must stop using the software and delete your copies.
Sections 6, 7, 11, 12, 13 and 14 continue to apply.
11. NO WARRANTY
As far as the law allows, the software is provided "as is", without
warranty of any kind. We do not promise that it is free of errors or runs
without interruption. You are responsible for your configuration and your
backups.
12. LIABILITY
As far as the law allows:
a. our total liability under or in connection with this agreement is
limited to the amount you paid us for your license in the 12 months
before the event that caused the damage, and to [EUR amount — confirm]
if you use the software under Free;
b. we are not liable for indirect or consequential damage, lost profit,
lost revenue or lost data.
These limits do not apply to damage caused by our intent or deliberate
recklessness (opzet of bewuste roekeloosheid), or where the law does not
allow liability to be limited.
13. CONSUMERS
If you are a consumer, you keep all rights that mandatory consumer law gives
you, including your rights if digital content does not conform to the
agreement. Nothing in this agreement excludes or limits those rights.
14. LAW AND COURTS
Dutch law applies to this agreement. The United Nations Convention on
Contracts for the International Sale of Goods (CISG) does not apply.
Disputes go to the competent court in [city of the entity's registered
seat], the Netherlands. If you are a consumer, you keep the protection of
the mandatory law of the country where you live and may also go to the
court of your place of residence.
15. CHANGES AND GENERAL
We may publish new versions of this agreement. A copy of the software keeps
the version that was shipped with it until you install a release that ships
a newer version. If a part of this agreement is invalid, the rest stays in
force and the invalid part is replaced by a valid one that comes closest to
its purpose.
Contact: [legal contact e-mail address — confirm]
This is the LICENSE file shipped with Viaalink Relay.
All versions
- Version 0.2
- Version 0.1