Licence Terms for VivaTec SMTP Relay
1. Subject matter and incorporation
1.1 These licence terms govern use of the “VivaTec SMTP Relay” software. The supplier is VivaTec, the contracting party identified in the General Terms and Conditions.
1.2 The product description agreed when the contract is concluded and the licence scope stated therein are authoritative. Individual agreements take precedence.
2. Free trial
2.1 VivaTec permits a free 30-day trial from the first launch of the licence-enabled application on the installation concerned. The trial period is determined locally by the software. An update or reinstallation does not restart a trial period that has already begun.
2.2 Downloading or testing the software creates no obligation to purchase a paid licence. The trial does not automatically convert into a paid contract or subscription.
2.3 After the trial expires, a valid licence is required for continued SMTP operation that requires a licence. Without one, new SMTP connections or new messages are rejected as described in the product documentation. Messages already accepted continue to be processed from the existing queue. Configuration and diagnostic functions remain accessible.
2.4 The free trial and a subsequent paid licence purchase are separate transactions. Prior trial use alone does not exclude a statutory right of withdrawal arising from the paid contract.
3. Right of use under the paid licence
3.1 Upon full payment, the customer receives a non-exclusive, perpetual right to use the purchased software in accordance with these terms. Continued use of the purchased perpetual licence alone does not incur recurring licence fees.
3.2 The standard licence permits operation of exactly one server installation. A virtual machine counts as a separate server installation. Additional rights of use are required for multiple installations operated simultaneously, unless a different scope has been expressly agreed.
3.3 The software may be used for the customer’s agreed private purposes or own business purposes. SMTP transmission through the single licensed installation may serve the customer’s internal applications and devices specified in the product description.
3.4 The licence grants neither exclusive rights nor an entitlement to the source code, except where such an entitlement arises under mandatory law or the licence terms of included components.
4. Installation ID and licence file
4.1 The standard licence is technically bound to the installation ID of the intended installation. This ID must be obtained from the target installation’s configurator before purchase.
4.2 When purchasing directly through the web shop, the customer receives the licence file by email after payment is confirmed and imports it into the configurator as described in the documentation. Running the installer or making payment alone does not replace this import.
4.3 The customer should retain the licence file and proof of purchase so that restoration or subsequent clarification of the assignment is possible.
5. Backup copies, system changes and transfer
5.1 The customer may make backup copies necessary for use in accordance with the contract. Restoration or a permitted system change does not increase the agreed number of installations that may be used simultaneously.
5.2 If a hardware change, rebuild or restoration requires moving the installation to a system with a different installation ID, the customer may request reassignment via info@vivatec.de, providing proof of purchase and the new installation ID. This does not grant permission to continue operating the previous installation simultaneously.
5.3 Mandatory statutory rights to transfer a perpetual software right of use remain unaffected. Any necessary technical reassignment must be clarified with VivaTec. Where required by law, the previous holder must cease use and render their remaining usable copies unusable.
6. Statutory permissions and third-party components
6.1 These terms do not exclude acts permitted by law, in particular backup, examination and the establishment of interoperability as permitted under German copyright law.
6.2 Included third-party components are additionally subject to their accompanying licence terms. Any broader rights those terms grant in the respective components remain in force. The corresponding notices and licence texts are supplied with the software.
7. Technical requirements and third-party providers
7.1 The customer requires the operating systems, permissions and external services listed in the product description. Use with Microsoft 365 / Exchange Online requires, in particular, a suitable environment with the necessary permissions.
7.2 The licence purchase does not include separate rights to use Microsoft products or other third-party services unless these are expressly included in the offer.
7.3 Changes to external services are taken into account within the agreed product characteristics and statutory obligations. The customer’s statutory rights are not generally excluded on the grounds of dependence on third-party providers.
8. Updates and support
8.1 A perpetual licence does not mean that every future major version or additional service is included in the purchase price.
8.2 Updates and defect remedies required by law are governed by the statutory provisions and the General Terms and Conditions. Any additional commitments concerning feature updates, support or maintenance are set out in the relevant product description or a separate agreement.
9. End of a right of use
9.1 Where the licence contract ends through a valid withdrawal or another legally effective reversal of the transaction, further use and the handling of digital content are governed by the statutory provisions.
9.2 A perpetual licence properly acquired under these terms does not become time-limited solely because a voluntary additional support service is discontinued.
Last updated: 19 October 2026