Relay license agreement
Version 0.2· current version
VIAALINK RELAY — END USER LICENSE AGREEMENT
*** DRAFT — PENDING LEGAL REVIEW. NOT YET IN FORCE. ***
Version: 0.2 (draft)
Effective date: the day this version is published as final. While it is
marked DRAFT it is not in force.
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).
This agreement is written in English. Translations may be published at
viaalink.com/legal/relay-eula; the English text prevails (section 15).
1. WHO THIS AGREEMENT IS BETWEEN
This agreement is between Viaalink, a sole proprietorship (eenmanszaak)
under Dutch law, Houtveldweg 664, 1507 ES Zaandam, the Netherlands,
Chamber of Commerce (KvK) number 96724587, VAT number NL005228187B23
("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 device: a device that is connected to the Relay to publish
through it. A device is recognised by its key: every connection made with
the same key counts as the same device. A connection made without a key
counts as a device of its own.
- Connection: one connection to the Relay from a connected device. One
running client (for example one `via` process) is one connection,
however many addresses it publishes; three clients running on one laptop
are three connections.
- Visitor: anyone who opens a published address, for example in a browser.
Visitors are never counted as connected devices or connections.
- Published address: an address on your Relay's domain that makes one of
your devices' services reachable.
- Commercial use: use in or for a business or other organisation, or any
other use that is mainly intended for, or directed at, commercial
advantage or payment — for example for a job, freelance or other paid
work, or to offer a service to customers, even a free service that
supports a business. Use by an individual for personal, household, hobby
or study purposes, without payment, is not commercial use. Neither is
trying the software out to decide whether to buy a paid plan.
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.
The software is licensed, not sold. We and our licensors keep all
intellectual property rights in it. All rights that this agreement does not
expressly grant are reserved.
4.2 Free. With a Free license you may run the software with up to 3
connected devices at a time, with up to 10 connections between them, on one
instance and without redundancy. You may not use Free for commercial use
(section 3). For commercial use you need a paid plan that includes it;
viaalink.com shows which plans do. A Free license is claimed at
viaalink.com/account and costs nothing. Its license file is valid for 30
days; the software renews it online by itself (section 8), so the license
keeps running as long as the Relay can reach us. After the first start you
may run the software for 14 days without activating a license, within the
same Free limits. After that it accepts no new connections until a license,
Free or paid, is activated; connections that are already open stay open
until they close. The software enforces these limits itself.
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 covers
one installation. Each instance is bound to the machine it was activated
on. From viaalink.com/account you can move the license to another machine
or remove an instance, up to 3 times per 30 days in total.
A license can end because its term ends and it is not renewed, because you
deactivate it at viaalink.com/account, or because it ends early under the
terms of sale (for example after a refund). The Relay learns this at its
next daily check-in with us (section 8), usually within a day. From then
on it accepts no new connections until a license, Free or paid, is
activated again; connections that are already open stay open until they
close. If the Relay cannot reach us, it keeps working until its license
file expires.
4.4 Limits the software does not enforce. Some limits of your plan, as
described on viaalink.com, are not enforced by the software. You must still
keep to them. Where a plan offers fair use, use it the way a typical
customer of that plan would. If your use goes far beyond your plan, we will
contact you first. You then have 14 days to bring your use back within your
plan or move to a plan that fits. We will not end your license over it
without giving you that chance (section 10).
4.5 Payment and refunds. Prices, payment, renewal, cancellation and refunds
for paid plans are governed by the terms of sale at
viaalink.com/legal/terms. A license is digital content that we supply for
the whole license period. We refund only where Dutch law requires it, as
the terms of sale describe.
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. YOU HOST THE RELAY
The Relay is software that you host yourself. We do not host it, run it or
monitor it for you, and we make no promise about its availability (uptime).
You are responsible for:
- the hardware or hosting it runs on, and for keeping it available;
- its security, including access to the machine, the setup page and the
keys and license file in its data folder;
- choosing and installing updates (section 9);
- your backups;
- your network: firewall, router, port forwarding and DNS;
- your domain and its certificates;
- the services, content and data that you and your users publish or carry
through your Relay, and dealing with complaints about published addresses
on your domain;
- complying with the law that applies to all of this, including privacy
law.
The data of your own users and visitors that passes through or is stored on
your Relay is yours to handle. You are its controller under the General
Data Protection Regulation (GDPR). We do not host, see or process that data,
so we are not your processor. Section 8 lists the only data the Relay sends
to us.
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 the cases below, always
over HTTPS. Several items recur:
- the Relay's public key: a key the Relay creates for itself on first
start. We keep the key itself, to recognise the Relay and check the
signatures of its later requests, together with a hash of it, which is
the Relay's identifier at viaalink.com;
- the host hash: a one-way hash of the machine's identifier (for example
/etc/machine-id, or the network cards' hardware addresses if you choose
that), never the identifier itself;
- the platform (Linux, Docker, macOS or Windows) and the Relay's version;
- the number of connected devices at that moment;
- a timestamp and a signature over the request.
a. When you activate a license with an activation code: the activation
code, the public key, the host hash, the platform and version, your
Relay's domain name if you have set one (we keep only a hash of it), the
number of connected devices, a timestamp and a signature.
b. When you activate a license in your browser instead of with a code: the
same items without an activation code, plus the machine's host name, so
that you can recognise the Relay at viaalink.com. Here we keep the domain
name itself, but only with the request; requests are deleted about a day
after they end. While you approve the request, the Relay asks every few
seconds whether it was approved, sending the request's code, the public
key, its version, the number of connected devices, a timestamp and a
signature.
c. When you add an instance to an installation with a join code: the join
code, the public key, the host hash, the platform and version, a
timestamp and a signature.
d. Once a license is activated, Free or paid, the Relay checks in with us
about once a day, and sooner again after a failed attempt. Each check-in
sends the installation and instance identifiers from the license file,
the public key, the version, the number of connected devices, a
timestamp and a signature. When a new license file is due — for Free
about every month, for a paid license in the last 30 days before its
file expires — we send it back. If the license was deactivated or has
ended, we say so instead (section 4.3).
e. When you or someone you let in signs in to the Relay's setup page with a
viaalink.com account: the Relay's identifier and public key, what the
sign-in is for, the machine's host name, your Relay's domain name if you
have set one (kept only with the request, as in case b), a timestamp and
a signature; and, while the sign-in is being approved, the request's
code, a timestamp and a signature.
f. When people have signed in to the Relay with a viaalink.com account
(case e), whenever that list changes and again about once a day: the
list of those accounts, each by its viaalink.com account identifier and
its role on the Relay (owner, operator or viewer), so that they see the
Relay in their account, together with the Relay's identifier, the public
key, a timestamp and a signature.
Until you activate a license or sign in with a viaalink.com account, the
software sends us nothing; it never activates 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 shows what
activating and the daily check-in send.
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, to show a Relay to the people who operate it, and to give support.
We are the controller of this data. Our privacy policy at
viaalink.com/legal/privacy explains how we handle it.
The software makes other connections only for features you configure or
start yourself, and only to the parties you choose: the certificate
authority and DNS provider for HTTPS certificates, your own router for
port forwarding (UPnP), your own other instances for redundancy, and a
source of update information if you set one (section 9). It sends none of
the items above to them.
9. UPDATES AND SUPPORT
We may publish updates, but are not obliged to, with one exception: if you
are a consumer, we will make available the updates, including security
updates, that mandatory law requires to keep the software in conformity
with this agreement during your license period (section 13). If you do not
install such an update within a reasonable time after we make it available
with clear instructions, we are not liable for a lack of conformity caused
only by the missing update.
The software never downloads or installs updates by itself. It checks for a
newer version only if you configure a source of update information, which
is not set by default. 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. Removing the software does not cancel or
refund a paid license: to stop its yearly renewal, cancel it at
viaalink.com/account, as the terms of sale describe.
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, 14 and 15 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 (section 7). This does not affect the rights of a consumer in
section 13.
12. LIABILITY
12.1 If you use the software as a business:
a. our total liability under or in connection with this agreement and the
terms of sale together is limited to the amount you paid us for the
license concerned in the 12 months before the claim. If you paid us
nothing in that period, for example because you use the Free plan, we
are not liable;
b. we are not liable for indirect or consequential damage, and in any event
not for lost profit, lost savings, lost revenue, business interruption
or lost data.
These limits do not apply to damage caused by fraud or by our intent or
deliberate recklessness (opzet of bewuste roekeloosheid), or where the law
does not allow liability to be limited.
12.2 If you are a consumer, our liability is what the law provides; this
agreement does not limit it.
12.3 Because you host the Relay (section 7), we are not liable for loss
caused by your hosting, hardware, network, configuration, security,
backups or choice of updates, or by the content and data published through
your Relay — unless the loss is caused by a defect in the software for
which the law makes us liable.
12.4 If you use the software as a business, you will indemnify us against
claims by third parties that arise from your breach of section 7.
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 the Netherlands. If you are a
consumer, this does not affect your mandatory rights: you keep the
protection of the mandatory law of the country where you live, you may
also bring a dispute before the court of the place where you live, and we
may bring a dispute against you only before that court.
15. LANGUAGE, CHANGES AND GENERAL
This agreement is written in English, and the English text ships with the
software. We may publish translations into other languages to help you read
it. A translation is for information only: if it differs from the English
text, the English text prevails. This does not take away any right that
mandatory law gives you. In particular, if you are a consumer, a term that
is unclear is interpreted in the way most favourable to you.
We may publish new versions of this agreement. Each release of the software
ships the version that applies to it, and a copy keeps that version until
you install a release that ships a newer one. If you have a paid license, a
change that reduces your rights or adds to your obligations applies to that
license only from its next renewal, unless the law requires the change
sooner or you expressly agree to it.
We may transfer our rights and obligations under this agreement to another
party as part of a transfer of our business, for example if Viaalink
becomes a private limited company (B.V.).
If a part of this agreement is invalid, the rest stays in force. If you use
the software as a business, the invalid part is replaced by a valid one
that comes closest to its purpose.
Contact: info@viaalink.com
This is the LICENSE file shipped with Viaalink Relay.
All versions
- Version 0.2
- Version 0.1