Polozhevets Mail Server — Software License

1. Parties

Licensor: Polozhevets OÜ (registry code 16456417), Harju maakond, Tallinn, Põhja-Tallinna linnaosa, Saani tn 2/2-26, 10149, Estonia. Contact: [email protected] (Alexander Polozhevets). Website: polozhevets.com (“Licensor”).

Licensee: The individual or legal entity that has purchased a valid license for the Software (“Licensee”).

2. Definitions

Software means the Polozhevets Mail Server application, including all source code, binaries, documentation, and any updates or upgrades provided by Licensor.

License means the right to use the Software as granted under this agreement, subject to the purchased plan (Micro, Starter, Business, or Enterprise) and its limits.

3. Grant of License

Subject to payment of the applicable license fee and compliance with this agreement, Licensor grants Licensee a non-exclusive, non-transferable, revocable license to:

• Install and run the Software on the number of server instances specified in the purchased plan;
• Use the Software for internal business purposes or to provide email services to Licensee’s own users;
• Receive and use updates and upgrades made available during the license term.

4. Restrictions

Licensee shall not, and shall not permit any third party to:

• Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Software, except as permitted by the Estonian Copyright Act (Autoriõiguse seadus) or other applicable law;
• Sublicense, sell, rent, lease, or otherwise distribute the Software to third parties;
• Remove or alter any proprietary notices, labels, or marks on the Software;
• Use the Software beyond the scope of the purchased plan (e.g., exceeding mailbox or domain limits);
• Use the Software for any unlawful purpose.

5. Support and Updates

Support and updates are provided according to the purchased plan. Licensee is entitled to email support (Micro, Starter) or priority support (Business) as described at the time of purchase. Enterprise plans may include dedicated support and SLA terms as agreed separately.

6. Intellectual Property

All rights, title, and interest in and to the Software, including all intellectual property rights, remain with Licensor. This license does not transfer any ownership to Licensee.

7. Data Protection

When using the Software, Licensee processes personal data (e.g., email content, addresses). Licensee is responsible for ensuring that such processing complies with applicable data protection law, including the EU General Data Protection Regulation (GDPR) and the Estonian Personal Data Protection Act (Isikuandmete kaitse seadus). Licensee acts as data controller in respect of data processed through the Software.

8. Warranty

To the extent permitted by the Law of Obligations Act (Võlaõigusseadus) of the Republic of Estonia, the Software is provided “as is” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Licensor does not warrant that the Software will be uninterrupted, error-free, or secure.

If Licensee qualifies as a consumer under Estonian law (Tarbijakaitse seadus), the statutory warranty rights under Estonian law shall apply and cannot be waived by this agreement.

9. Limitation of Liability

To the maximum extent permitted by the Law of Obligations Act of the Republic of Estonia, Licensor shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or business opportunities, arising out of or in connection with this license or the use of the Software. Licensor’s total liability for direct damages shall not exceed the amount paid by Licensee for the Software in the twelve (12) months preceding the claim.

Nothing in this agreement shall limit or exclude Licensor’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully limited under Estonian law.

If Licensee qualifies as a consumer under Estonian law, mandatory consumer protection provisions shall apply.

10. Term and Termination

This license is effective for the term of the purchased subscription (typically one (1) year from the date of purchase). It will renew automatically unless either party gives notice of non-renewal before the end of the current term.

Licensor may terminate this license immediately if Licensee materially breaches this agreement and fails to cure such breach within thirty (30) days of written notice. Upon termination, Licensee must cease all use of the Software and destroy all copies.

11. Consumer Rights

If Licensee is a consumer within the meaning of the Estonian Consumer Protection Act (Tarbijakaitse seadus)—i.e., a natural person acting for purposes outside their trade, business, or profession—the mandatory provisions of Estonian consumer law shall apply. This includes, where applicable, the right of withdrawal under distance contracts (14 days) and statutory warranty rights. Any provision of this license that conflicts with mandatory consumer protection law shall be void to the extent of such conflict.

12. General Provisions

Governing law: This agreement shall be governed by the laws of the Republic of Estonia, including the Law of Obligations Act (Võlaõigusseadus), the General Part of the Civil Code Act (Tsiviilseadustiku üldosa seadus), and the Copyright Act (Autoriõiguse seadus) where applicable.

Disputes: Any disputes arising from this agreement shall be resolved in the courts of Estonia. For Licensor, the court of first instance shall be Harju County Court (Harju Maakohus).

Entire agreement: This document constitutes the entire agreement between the parties regarding the Software and supersedes any prior agreements or understandings.

Severability: If any provision of this license is held invalid or unenforceable under Estonian law, the remaining provisions shall remain in full force and effect.

Contact: For questions regarding this license, contact Alexander Polozhevets at [email protected].