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eula: T6859: reformat file to honor default UNIX 80x25 terminal width and length
Runnning "show license" on a default 80x25 terminal makes it almost impossible to properly read it.
This commit is contained in:
Christian Breunig
parent
77f3471680
commit
37865246c2
@ -3,348 +3,439 @@
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data = '''
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VyOS END USER LICENSE AGREEMENT
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PLEASE READ THIS END USER LICENSE AGREEMENT (EULA, THIS ‘AGREEMENT’) CAREFULLY BEFORE USING VYOS FROM US.
|
||||
BY USING VYOS, YOU (“YOU”, “LICENSEE”, “CUSTOMER”) SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS
|
||||
END USER LICENSE AGREEMENT AND ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS.
|
||||
THIS AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT USES THE SOFTWARE AND ANY PERSON OR ENTITY
|
||||
(E.G., SYSTEMS INTEGRATOR, CONSULTANT OR CONTRACTOR) THAT USES THE SOFTWARE ON ANOTHER PERSON’S OR ENTITY’S BEHALF.
|
||||
IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT USE THE SOFTWARE.
|
||||
THE EFFECTIVE DATE OF THIS AGREEMENT IS THE EARLIEST OF THE START DATE OF SERVICES STATED IN OUR INVOICE,
|
||||
PREVIOUS ACCEPTANCE OF THIS AGREEMENT (OR OUR BUSINESS PARTNER’S ORDER OR/AND INVOICE,
|
||||
PREVIOUS ACCEPTANCE OF THIS AGREEMENT) OR THE DATE THAT CUSTOMER HAS ACCESS AND IS ABLE TO USE OUR PRODUCTS OR SERVICES.
|
||||
THIS END USER LICENSE AGREEMENT DOES NOT COVER ANY SERVICES FROM US, OR THROUGH OUR BUSINESS PARTNER,
|
||||
OTHER THAN ACCESS TO THE SOFTWARE, SUCH AS TECHNICAL SUPPORT, UPGRADES OR SUPPORT SERVICES.
|
||||
PLEASE REVIEW YOUR SERVICES OR SUBSCRIPTION AGREEMENT(S) THAT YOU MAY HAVE WITH US
|
||||
OR OTHER AUTHORIZED VYOS SERVICES PROVIDER OR BUSINESS PARTNER REGARDING THE SOFTWARE AND SERVICES AND ASSOCIATED PAYMENTS.
|
||||
PLEASE READ THIS END USER LICENSE AGREEMENT (EULA, THIS ‘AGREEMENT') CAREFULLY
|
||||
BEFORE USING VYOS FROM US. BY USING VYOS, YOU ("YOU", "LICENSEE", "CUSTOMER")
|
||||
SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS END USER LICENSE AGREEMENT AND
|
||||
ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS. THIS AGREEMENT IS
|
||||
ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT USES THE SOFTWARE AND ANY PERSON
|
||||
OR ENTITY (E.G., SYSTEMS INTEGRATOR, CONSULTANT OR CONTRACTOR) THAT USES THE
|
||||
SOFTWARE ON ANOTHER PERSON'S OR ENTITY'S BEHALF. IF YOU DO NOT ACCEPT THE TERMS
|
||||
OF THIS AGREEMENT, THEN YOU MUST NOT USE THE SOFTWARE. THE EFFECTIVE DATE OF
|
||||
THIS AGREEMENT IS THE EARLIEST OF THE START DATE OF SERVICES STATED IN OUR
|
||||
INVOICE, PREVIOUS ACCEPTANCE OF THIS AGREEMENT (OR OUR BUSINESS PARTNER'S ORDER
|
||||
OR/AND INVOICE, PREVIOUS ACCEPTANCE OF THIS AGREEMENT) OR THE DATE THAT
|
||||
CUSTOMER HAS ACCESS AND IS ABLE TO USE OUR PRODUCTS OR SERVICES. THIS END USER
|
||||
LICENSE AGREEMENT DOES NOT COVER ANY SERVICES FROM US, OR THROUGH OUR BUSINESS
|
||||
PARTNER, OTHER THAN ACCESS TO THE SOFTWARE, SUCH AS TECHNICAL SUPPORT, UPGRADES
|
||||
OR SUPPORT SERVICES. PLEASE REVIEW YOUR SERVICES OR SUBSCRIPTION AGREEMENT(S)
|
||||
THAT YOU MAY HAVE WITH US OR OTHER AUTHORIZED VYOS SERVICES PROVIDER OR
|
||||
BUSINESS PARTNER REGARDING THE SOFTWARE AND SERVICES AND ASSOCIATED PAYMENTS.
|
||||
|
||||
1. Definitions
|
||||
|
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1.1 “We, Our, Us” means VyOS Contracting Entity defined in Section 13.
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1.1 "We, Our, Us" means VyOS Contracting Entity defined in Section 13.
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||||
|
||||
1.2 “VyOS” or “Software” means VyOS software provided by Us
|
||||
(or authorized services provider or business partner)
|
||||
and consisting of VyOS software application
|
||||
(exclusively or along with any third-party software included therein or therewith)
|
||||
that includes or refers to this Agreement and any related documentation
|
||||
(including, without limitation, user and technical documentation,
|
||||
further explanatory written materials related to the Software, etc.),
|
||||
services (including, without limitation, SaaS, internet-based service, etc.),
|
||||
tool, application, component, object code, source code,
|
||||
appearance (including, without limitation, images, designs, fonts, etc.),
|
||||
structure as well as any modification and update thereof, regardless of the delivery mechanism.
|
||||
1.2 "VyOS" or "Software" means VyOS software provided by Us (or authorized
|
||||
services provider or business partner) and consisting of VyOS software
|
||||
application (exclusively or along with any third-party software included
|
||||
therein or therewith) that includes or refers to this Agreement and any related
|
||||
documentation (including, without limitation, user and technical documentation,
|
||||
further explanatory written materials related to the Software, etc.), services
|
||||
(including, without limitation, SaaS, internet-based service, etc.), tool,
|
||||
application, component, object code, source code, appearance (including,
|
||||
without limitation, images, designs, fonts, etc.), structure as well as any
|
||||
modification
|
||||
and update thereof, regardless of the delivery mechanism.
|
||||
|
||||
“Services” means software support services and any other services provided by Us,
|
||||
or through Our Business Partner, on a subscription basis.
|
||||
"Services" means software support services and any other services provided by
|
||||
Us, or through Our Business Partner, on a subscription basis.
|
||||
|
||||
1.3 "Authorized Users" means employees or individual contractors to whom,
|
||||
pursuant to this Agreement, the Licensee has granted a right to access and use
|
||||
the Software with your credentials, provided that such access shall be for your
|
||||
sole benefit and in full compliance with this EULA.
|
||||
|
||||
1.3 “Authorized Users” means employees or individual contractors to whom,
|
||||
pursuant to this Agreement, the Licensee has granted a right
|
||||
to access and use the Software with your credentials,
|
||||
provided that such access shall be for your sole benefit and in full compliance with this EULA.
|
||||
All Authorized Users are bound by the terms of this Agreement.
|
||||
|
||||
1.4 “Cloud Provider” means authorized hosting partner’s cloud marketplace platform,
|
||||
a company that delivers cloud computing based services,
|
||||
resources and solutions to businesses and/or offers solutions via the cloud marketplace.
|
||||
1.4 "Cloud Provider" means authorized hosting partner's cloud marketplace
|
||||
platform, a company that delivers cloud computing based services, resources and
|
||||
solutions to businesses and/or offers solutions via the cloud marketplace.
|
||||
|
||||
1.5 “Business Partner” shall mean Our authorized sales agent, partner,
|
||||
Cloud Provider reseller or distributor
|
||||
of the Software and Our Services authorized to sell Software and Services via our subscriptions.
|
||||
1.5 "Business Partner" shall mean Our authorized sales agent, partner, Cloud
|
||||
Provider reseller or distributor of the Software and Our Services authorized to
|
||||
sell Software and Services via our subscriptions. Purchases through or by a
|
||||
Business Partner. In instances where Customer purchases through a Business
|
||||
Partner, final prices and terms and conditions of sale will be as agreed
|
||||
between Customer and the Business Partner from which Customer makes such
|
||||
purchases; however, the terms set forth in this EULA are applicable to
|
||||
Customer's use and the performance of VyOS. Customer acknowledges that:
|
||||
(a) We may share information with the Business Partner related to Customer's
|
||||
use and consumption of VyOS, and vice versa, for account management and
|
||||
billing purposes;
|
||||
(b) the termination provisions below will also apply if Customer's Business
|
||||
Partner fails to pay Us applicable fees; and
|
||||
(c) Business Partner is not authorized to make any changes to this EULA or
|
||||
otherwise authorized to make any warranties, representations, promises or
|
||||
commitments on Our behalf or in any way concerning the VyOS.
|
||||
|
||||
Purchases through or by a Business Partner.
|
||||
In instances where Customer purchases through a Business Partner,
|
||||
final prices and terms and conditions of sale will be as agreed between Customer and the Business Partner
|
||||
from which Customer makes such purchases; however, the terms set forth
|
||||
in this EULA are applicable to Customer’s use and the performance of VyOS.
|
||||
Customer acknowledges that:
|
||||
(a) We may share information with the Business Partner related to Customer’s use and consumption of VyOS,
|
||||
and vice versa, for account management and billing purposes;
|
||||
(b) the termination provisions below will also apply if Customer’s Business Partner fails to pay Us applicable fees; and
|
||||
(c) Business Partner is not authorized to make any changes to this EULA or otherwise authorized to make any warranties,
|
||||
representations, promises or commitments on Our behalf or in any way concerning the VyOS.
|
||||
"Business Partner's order" means the ordering document(s), issued during Your
|
||||
purchasing process by Our Business Partner in a way and manner as defined by
|
||||
Our Business Partner. Business Partner's order may describe specific Software
|
||||
and Services, Subscription(s), associated fees, payment terms, and shall be
|
||||
subject to the terms of this Agreement and EULA.
|
||||
|
||||
"Business Partner’s order" means the ordering document(s),
|
||||
issued during Your purchasing process by Our Business Partner
|
||||
in a way and manner as defined by Our Business Partner.
|
||||
Business Partner’s order may describe specific Software and Services,
|
||||
Subscription(s), associated fees, payment terms,
|
||||
and shall be subject to the terms of this Agreement and EULA.
|
||||
|
||||
1.6 “Customer”, “You”, “Licensee”, “Your” - user of VyOS and its heirs, agents, successors, assigns and
|
||||
- for the purpose of Global subscription - its Affiliates.
|
||||
1.6 "Customer", "You", "Licensee", "Your" - user of VyOS and its heirs, agents,
|
||||
successors, assigns and - for the purpose of Global subscription - its
|
||||
Affiliates.
|
||||
|
||||
2. License Grant
|
||||
|
||||
Subject to the following terms, We grant to You a perpetual, worldwide license to the Software
|
||||
(most of which includes multiple software components) pursuant to different open sourced and public licenses.
|
||||
The license agreement for each software component is located in the software component's source code and permits you to
|
||||
run, copy, modify, and redistribute the software component (subject to certain obligations in some cases),
|
||||
both in source code and binary code forms, with the exception of the images identified in Section 4 below.
|
||||
You shall either agree to the terms of each applicable public license or You must not install/use those components
|
||||
or exercise such licensed rights.
|
||||
This EULA pertains solely to the Software and does not limit your rights under, or grant you rights that supersede,
|
||||
the license terms of any particular component.
|
||||
Subject to the following terms, We grant to You a perpetual, worldwide license
|
||||
to the Software (most of which includes multiple software components) pursuant
|
||||
to different open sourced and public licenses. The license agreement for each
|
||||
software component is located in the software component's source code and
|
||||
permits you to run, copy, modify, and redistribute the software component
|
||||
(subject to certain obligations in some cases), both in source code and binary
|
||||
code forms, with the exception of the images identified in Section 4 below. You
|
||||
shall either agree to the terms of each applicable public license or You must
|
||||
not install/use those components or exercise such licensed rights.
|
||||
|
||||
2.1 Limited Modifications. For the avoidance of doubt, Licensee is permitted to use VyOS from Us
|
||||
in accordance with VyOS terms and conditions and on the specific quotation,
|
||||
purchase order and/or the subscription or customized agreements, if any.
|
||||
Any other modifications of VyOS terms and conditions won’t be allowed,
|
||||
except as expressly authorized through a separate custom agreement,
|
||||
This EULA pertains solely to the Software and does not limit your rights under,
|
||||
or grant you rights that supersede, the license terms of any particular
|
||||
component.
|
||||
|
||||
2.1 Limited Modifications. For the avoidance of doubt, Licensee is permitted to
|
||||
use VyOS from Us in accordance with VyOS terms and conditions and on the
|
||||
specific quotation, purchase order and/or the subscription or customized
|
||||
agreements, if any. Any other modifications of VyOS terms and conditions won't
|
||||
be allowed, except as expressly authorized through a separate custom agreement,
|
||||
unless otherwise defined by this Agreement, specific quotation, purchase order
|
||||
and/or the subscription or customized agreements.
|
||||
|
||||
2.2 No Unbundling. Nonetheless, the Software is designed and provided to Licensee solely as permitted herein.
|
||||
Licensee shall not unbundle or repackage the Software for distribution, transfer or other disposition,
|
||||
unless otherwise specified by this Agreement.
|
||||
2.2 No Unbundling. Nonetheless, the Software is designed and provided to
|
||||
Licensee solely as permitted herein. Licensee shall not unbundle or repackage
|
||||
the Software for distribution, transfer or other disposition, unless otherwise
|
||||
specified by this Agreement.
|
||||
|
||||
3. Prohibited Use and Allowed Use
|
||||
|
||||
3.1 Except as expressly authorized through a separate custom agreement, Licensee and the Authorized Users are prohibited from:
|
||||
3.1 Except as expressly authorized through a separate custom agreement,
|
||||
Licensee and the Authorized Users are prohibited from:
|
||||
(a) using the Software on behalf of third parties;
|
||||
(b) sublicensing, licensing, renting, leasing, lending or granting other rights in the Software
|
||||
including rights on a membership or subscription basis;
|
||||
(c) providing use of the Software in a service bureau arrangement, outsourcing or on a time sharing basis;
|
||||
(d) interfere with or disrupt the Software or systems used to provide the VyOS or other equipment or networks connected;
|
||||
(e) circumvent or disclose the user authentication or security of the Software or any host, network,
|
||||
or account related thereto or attempt to gain unauthorized access;
|
||||
(b) sublicensing, licensing, renting, leasing, lending or granting other rights
|
||||
in the Software including rights on a membership or subscription basis;
|
||||
(c) providing use of the Software in a service bureau arrangement, outsourcing
|
||||
or on a time sharing basis;
|
||||
(d) interfere with or disrupt the Software or systems used to provide the VyOS
|
||||
or other equipment or networks connected;
|
||||
(e) circumvent or disclose the user authentication or security of the Software
|
||||
or any host, network, or account related thereto or attempt to gain
|
||||
unauthorized access;
|
||||
(f) store or transmit SPAM or malicious code;
|
||||
(g) duplicate the Software or publish the Software for others to copy;
|
||||
(h) infringe the intellectual property rights of any entity or person; or
|
||||
(i) make any use of the Software that violates any applicable local,
|
||||
state, national, international or foreign law or regulation.
|
||||
For more information about how to obtain a custom agreement, please contact us at: sales@vyos.io.
|
||||
(i) make any use of the Software that violates any applicable local, state,
|
||||
national, international or foreign law or regulation.
|
||||
|
||||
For more information about how to obtain a custom agreement, please contact us
|
||||
at: sales@vyos.io.
|
||||
|
||||
3.2 The following uses of the Software shall be allowed:
|
||||
(a) any lab setup within the Licensee or on an Authorized User's personal device,
|
||||
for the purpose of learning, testing, or debugging company network configs, and
|
||||
(b) any use in Authorized User's personal home networks, including but not limited to Internet access,
|
||||
corporate VPN access, learning and experimentation.
|
||||
(a) any lab setup within the Licensee or on an Authorized User's personal
|
||||
device, for the purpose of learning, testing, or debugging company network
|
||||
configs, and
|
||||
(b) any use in Authorized User's personal home networks, including but not
|
||||
limited to Internet access, corporate VPN access, learning and
|
||||
experimentation.
|
||||
|
||||
4. Intellectual Property Rights
|
||||
4. Intellectual Property Rights
|
||||
|
||||
The Software and each of their components are owned by Us and other licensors and are protected under copyright law
|
||||
and other laws as applicable. Title to the Software and any component and systems,
|
||||
or to any copy or modification shall remain with Us and other licensors, subject to the applicable license.
|
||||
The “VyOS” mark, the individual Software marks, and the “VyOS” logo are trademarks or registered trademarks
|
||||
in the EU, US and other countries.
|
||||
Artwork files that feature the VyOS logo, including but not limited to boot splash images and user interface elements,
|
||||
are Our property, distributed on the "all rights reserved" basis.
|
||||
You cannot redistribute those files separately or as part of Software without an express permission from the copyright holder.
|
||||
By accepting this Agreement You commit not to register or request registration of any commercial name,
|
||||
domain name, email, trademark, symbol or distinctive; sign, with similar characteristics, color,
|
||||
typography, style or appearance or that includes the word “VyOS” or/and VyOS logo.
|
||||
The Software and each of their components are owned by Us and other licensors
|
||||
and are protected under copyright law and other laws as applicable. Title to
|
||||
the Software and any component and systems, or to any copy or modification
|
||||
shall remain with Us and other licensors, subject to the applicable license.
|
||||
The "VyOS" mark, the individual Software marks, and the "VyOS" logo are
|
||||
trademarks or registered trademarks in the EU, US and other countries. Artwork
|
||||
files that feature the VyOS logo, including but not limited to boot splash
|
||||
images and user interface elements, are Our property, distributed on the "all
|
||||
rights reserved" basis. You cannot redistribute those files separately or as
|
||||
part of Software without an express permission from the copyright holder. By
|
||||
accepting this Agreement You commit not to register or request registration of
|
||||
any commercial name, domain name, email, trademark, symbol or distinctive;
|
||||
sign, with similar characteristics, color, typography, style or appearance or
|
||||
that includes the word "VyOS" or/and VyOS logo.
|
||||
|
||||
This EULA does not permit you to distribute the Software using VyOS trademarks,
|
||||
regardless of whether the Software has been modified. You may make a commercial redistribution of the Software only if
|
||||
(a) permitted under a separate written agreement with Us authorizing such commercial redistribution or
|
||||
regardless of whether the Software has been modified. You may make a commercial
|
||||
redistribution of the Software only if
|
||||
(a) permitted under a separate written agreement with Us authorizing such
|
||||
commercial redistribution or
|
||||
(b) you remove and replace all Our occurrences and VyOS trademarks and logos.
|
||||
Modifications to the software may corrupt the Software.
|
||||
|
||||
4.1 The Licensee grants Us a right to use its logos and trademarks
|
||||
for the purpose of displaying their Licensee status on the VyOS website,
|
||||
and for the purposes specified in VyOS Subscription Agreement.
|
||||
We will not claim that the Licensee endorses VyOS and will not publicize any details of Licensee’s VyOS usage,
|
||||
network setup, or any other information not explicitly provided by the Licensee for public release.
|
||||
Modifications to the software may corrupt the Software.
|
||||
|
||||
4.1.1 The Licensee can revoke Our right to use Licensee’s trademarks and logos at any time,
|
||||
unless otherwise agreed in VyOS Subscription Agreement, or Our Quotation.
|
||||
4.1 The Licensee grants Us a right to use its logos and trademarks for the
|
||||
purpose of displaying their Licensee status on the VyOS website, and for the
|
||||
purposes specified in VyOS Subscription Agreement. We will not claim that the
|
||||
Licensee endorses VyOS and will not publicize any details of Licensee's VyOS
|
||||
usage, network setup, or any other information not explicitly provided by the
|
||||
Licensee for public release.
|
||||
|
||||
5. Updates
|
||||
4.1.1 The Licensee can revoke Our right to use Licensee's trademarks and logos
|
||||
at any time, unless otherwise agreed in VyOS Subscription Agreement, or Our
|
||||
Quotation.
|
||||
|
||||
Along with all software update subscriptions, We provide security updates, hot-fixes and security advisory notifications
|
||||
before public disclosure (hereinafter collectively referred to as the “Updates”).
|
||||
You expressly acknowledge and agree that We have no obligation to make available and/or provide any Updates.
|
||||
All upgrades and Updates are provided by Us or through Our Business Partners to Licensee at Our sole discretion
|
||||
and are subject to the terms of this Agreement on a license exchange basis.
|
||||
Any obligations that We may have to support previous versions during the license term may end upon the availability of this update.
|
||||
Upgrades and Updates may be licensed to Licensee by Us with additional or different terms.
|
||||
5. Updates
|
||||
|
||||
Along with all software update subscriptions, We provide security updates,
|
||||
hot-fixes and security advisory notifications before public disclosure
|
||||
(herein after collectively referred to as the "Updates"). You expressly
|
||||
acknowledge and agree that We have no obligation to make available and/or
|
||||
provide any Updates. All upgrades and Updates are provided by Us or through
|
||||
Our Business Partners to Licensee at Our sole discretion and are subject to
|
||||
the terms of this Agreement on a license exchange basis. Any obligations that
|
||||
We may have to support previous versions during the license term may end upon
|
||||
the availability of this update. Upgrades and Updates may be licensed to
|
||||
Licensee by Us with additional or different terms.
|
||||
|
||||
6. Support
|
||||
|
||||
This agreement does not automatically entitle the Licensee to any support for the Software provided by Us
|
||||
or through Our Business Partners unless otherwise specified in the subscription terms.
|
||||
For the avoidance of doubt, We have no liability and provide no support for any hardware or any cloud marketplace services
|
||||
provided by any Business Partner or Cloud Provider.
|
||||
Where available, maintenance and support may be purchased separately subject
|
||||
to a separate VyOS’s support services included subscriptions.
|
||||
This agreement does not automatically entitle the Licensee to any support for
|
||||
the Software provided by Us or through Our Business Partners unless otherwise
|
||||
specified in the subscription terms. For the avoidance of doubt, We have no
|
||||
liability and provide no support for any hardware or any cloud marketplace
|
||||
services provided by any Business Partner or Cloud Provider. Where available,
|
||||
maintenance and support may be purchased separately subject to a separate
|
||||
VyOS's support services included subscriptions.
|
||||
|
||||
Support for software built from source code by a party other than Us,
|
||||
with or without modifications made by the Licensee or a third party,
|
||||
is provided only through separate agreements.
|
||||
Support for software built from source code by a party other than Us, with or
|
||||
without modifications made by the Licensee or a third party, is provided only
|
||||
through separate agreements.
|
||||
|
||||
For more information about how to obtain a VyOS’s software and support services included subscriptions,
|
||||
please contact us at: sales@vyos.io.
|
||||
For more information about how to obtain a VyOS's software and support services
|
||||
included subscriptions, please contact us at: sales@vyos.io.
|
||||
|
||||
7. Term and Termination
|
||||
7. Term and Termination.
|
||||
|
||||
7. Term and Termination. This Agreement begins on the Effective Date and shall remain in effect until terminated due to
|
||||
(a) Licensee fails to pay the fees amounts associated to Our subscriptions when due or otherwise materially breaches this Agreement,
|
||||
specific quotation, purchase order and/or the subscription or customized agreements and fails to remedy the breach
|
||||
within ten (10) days from the receipt of a notification sent in writing or electronically,
|
||||
(b) Licensee’s deactivation or subscription cancellation of the Software,
|
||||
(c) Licensee fails to pay the Business Partner, or terminate the agreement with a Business Partner, or Business Partner
|
||||
fails to pay Us the applicable fees of your Software and/or Services, or
|
||||
This Agreement begins on the Effective Date and shall remain in effect until
|
||||
terminated due to
|
||||
(a) Licensee fails to pay the fees amounts associated to Our subscriptions
|
||||
when due or otherwise materially breaches this Agreement, specific
|
||||
quotation, purchase order and/or the subscription or customized agreements
|
||||
and fails to remedy the breach within ten (10) days from the receipt of a
|
||||
notification sent in writing or electronically,
|
||||
(b) Licensee's deactivation or subscription cancellation of the Software,
|
||||
(c) Licensee fails to pay the Business Partner, or terminate the agreement with
|
||||
a Business Partner, or Business Partner fails to pay Us the applicable fees
|
||||
of your Software and/or Services, or
|
||||
(d) We change, cease to provide or discontinue the Software at any time.
|
||||
|
||||
Upon the occurrence of (a), (b), (c) or (d), above, We are entitled to terminate this Agreement.
|
||||
Upon termination of this Agreement for any reason, Licensee shall discontinue use of the Software.
|
||||
If you have copies of the Software obtained when You still had an active subscription,
|
||||
you can keep using them indefinitely as long as you comply with this Agreement and VyOS Subscription Agreement,
|
||||
in particular - with Section 4 above and provided this is not intended to interfere with any rights
|
||||
you may have from other public and open source licenses.Termination shall not, however, relieve either party
|
||||
of obligations incurred prior to the termination. The following Sections shall survive termination of this Agreement:
|
||||
Definitions, Intellectual Property Rights, Limited Warranty, Limitation of Remedies and Liability,
|
||||
General, Term and Termination, and others which by their nature are intended to survive.
|
||||
Upon the occurrence of (a), (b), (c) or (d), above, We are entitled to
|
||||
terminate this Agreement. Upon termination of this Agreement for any reason,
|
||||
Licensee shall discontinue use of the Software. If you have copies of the
|
||||
Software obtained when You still had an active subscription, you can keep using
|
||||
them indefinitely as long as you comply with this Agreement and VyOS
|
||||
Subscription Agreement, in particular - with Section 4 above and provided this
|
||||
is not intended to interfere with any rights you may have from other public
|
||||
and open source licenses.Termination shall not, however, relieve either party
|
||||
of obligations incurred prior to the termination. The following Sections shall
|
||||
survive termination of this Agreement: Definitions, Intellectual Property
|
||||
Rights, Limited Warranty, Limitation of Remedies and Liability, General, Term
|
||||
and Termination, and others which by their nature are intended to survive.
|
||||
|
||||
8. Limited Warranty
|
||||
8. Limited Warranty
|
||||
|
||||
Except as specifically stated in this Section 8, a separate agreement with Us, or a license for a particular component,
|
||||
to the maximum extent permitted under applicable law, the Software and the components are provided and licensed “as is”
|
||||
without warranty of any kind, express or implied, including the implied warranties of merchantability, non-infringement,
|
||||
integration, quiet enjoyment, satisfactory quality or fitness for a particular purpose.
|
||||
Neither Us nor Our affiliates and Business Partners warrant that the Software will meet your requirements,
|
||||
will be uninterrupted, timely, secure; that the operation of the Software will be entirely error-free, appear or perform
|
||||
precisely as described in the accompanying documentation, or comply with regulatory requirements;
|
||||
that the results that may be obtained from the use of the Software will be effective, accurate or reliable;
|
||||
the quality of the Software will meet your expectations; or that any errors or defects in the Software will be corrected.
|
||||
This warranty extends only to the party that purchases subscription services for the Software from Us
|
||||
and/or Our affiliates or a Our authorized Business Partner.
|
||||
Except as specifically stated in this Section 8, a separate agreement with Us,
|
||||
or a license for a particular component, to the maximum extent permitted under
|
||||
applicable law, the Software and the components are provided and licensed
|
||||
"as is" without warranty of any kind, express or implied, including the
|
||||
implied warranties of merchantability, non-infringement, integration, quiet
|
||||
enjoyment, satisfactory quality or fitness for a particular purpose. Neither
|
||||
Us nor Our affiliates and Business Partners warrant that the Software will
|
||||
meet your requirements, will be uninterrupted, timely, secure; that the
|
||||
operation of the Software will be entirely error-free, appear or perform
|
||||
precisely as described in the accompanying documentation, or comply with
|
||||
regulatory requirements; that the results that may be obtained from the use of
|
||||
the Software will be effective, accurate or reliable; the quality of the
|
||||
Software will meet your expectations; or that any errors or defects in the
|
||||
Software will be corrected. This warranty extends only to the party that
|
||||
purchases subscription services for the Software from Us and/or Our affiliates
|
||||
or a Our authorized Business Partner.
|
||||
|
||||
We and Our affiliates specifically disclaim any liability with regard to any actions resulting from your use of the Software.
|
||||
Any material downloaded or otherwise obtained through use of the Software is accessed at your own discretion and risk,
|
||||
and you will be solely responsible for any damage to your computer system or loss of data that results from use of the Software.
|
||||
We and Our affiliates assume no liability for any malicious software that may be downloaded to your computer
|
||||
as a result of your use of the Software.
|
||||
We and Our affiliates specifically disclaim any liability with regard to any
|
||||
actions resulting from your use of the Software. Any material downloaded or
|
||||
otherwise obtained through use of the Software is accessed at your own
|
||||
discretion and risk, and you will be solely responsible for any damage to your
|
||||
computer system or loss of data that results from use of the Software. We and
|
||||
Our affiliates assume no liability for any malicious software that may be
|
||||
downloaded to your computer as a result of your use of the Software.
|
||||
|
||||
We will not be liable for any loss that you may incur as a result of a third party using your password or
|
||||
account or account information in connection with the Software, either with or without your knowledge.
|
||||
We will not be liable for any loss that you may incur as a result of a third
|
||||
party using your password or account or account information in connection with
|
||||
the Software, either with or without your knowledge.
|
||||
|
||||
Licensee assumes the entire cost of all necessary servicing, repair, or correction of problems caused by viruses
|
||||
or other harmful components; We disclaim and makes no warranties or representations as to the accuracy, quality,
|
||||
reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of the outputs, logs, reports,
|
||||
data, results or other information obtained, generated or otherwise received by Licensee from accessing
|
||||
and/or using the Software or otherwise resulting from this Agreement; and
|
||||
Licensee assumes the entire cost of all necessary servicing, repair, or
|
||||
correction of problems caused by viruses or other harmful components; We
|
||||
disclaim and makes no warranties or representations as to the accuracy,
|
||||
quality, reliability, suitability, completeness, truthfulness, usefulness, or
|
||||
effectiveness of the outputs, logs, reports, data, results or other information
|
||||
obtained, generated or otherwise received by Licensee from accessing and/or
|
||||
using the Software or otherwise resulting from this Agreement; and Licensee
|
||||
shall use the Software at its own risk and in no event shall We be liable to
|
||||
Licensee for any loss or damage of any kind (except personal injury or death
|
||||
resulting from Our negligence, fraud or fraudulent misrepresentation and any
|
||||
other liability that cannot be excluded by law) arising from Licensee's use of
|
||||
or inability to use the Software or from faults or defects in the Software
|
||||
whether caused by negligence or otherwise.
|
||||
|
||||
Licensee shall use the Software at its own risk and in no event shall We be liable to Licensee for any loss or damage
|
||||
of any kind (except personal injury or death resulting from Our negligence, fraud or fraudulent misrepresentation
|
||||
and any other liability that cannot be excluded by law) arising from Licensee’s use of or inability to use the Software
|
||||
or from faults or defects in the Software whether caused by negligence or otherwise.
|
||||
Licensee agrees to defend, indemnify and hold Us harmless from any losses,
|
||||
liabilities, damages, actions, claims or expenses (including legal fees and
|
||||
court costs) arising or resulting from Licensee's breach of any term of this
|
||||
agreement or caused by acts or omissions performed by licensee.
|
||||
|
||||
Licensee agrees to defend, indemnify and hold Us harmless from any losses, liabilities, damages, actions,
|
||||
claims or expenses (including legal fees and court costs) arising or resulting from Licensee’s breach
|
||||
of any term of this agreement or caused by acts or omissions performed by licensee.
|
||||
Some jurisdictions do not allow the exclusion of certain warranties, the
|
||||
limitation or exclusion of implied warranties, or limitations on how long an
|
||||
implied warranty may last, so the above limitations may not apply to you.
|
||||
|
||||
Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties,
|
||||
or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
|
||||
9. Limitation of Remedies and Liability
|
||||
|
||||
9. Limitation of Remedies and Liability
|
||||
|
||||
To the maximum extent permitted under applicable law, under no circumstances will We, Our affiliates,
|
||||
any of Our authorized Business Partner, or the licensor of any component provided to you under this EULA
|
||||
be liable to you for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages
|
||||
(including, but not limited to, procurement of substitute goods or services, computer failure or malfunction,
|
||||
loss of data or profits, business interruption, etc.) however caused and on any theory of liability,
|
||||
whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way
|
||||
out of the use of the software or inability to use the software, even if We, Our affiliates,
|
||||
an authorized Business Partner, and/or licensor are aware of or have been advised of the possibility of such damage.
|
||||
To the extent permitted by law and as the maximum aggregate liability, Our or Our affiliates’ liability,
|
||||
an authorized Business Partner’s liability or the liability of the licensor of a component provided to you under
|
||||
or in connection with this EULA will be limited to the lesser of either five hundred United States dollars ($500)
|
||||
or the fees paid by the Licensee or by Business Partner and received by Us for the Software and attributable
|
||||
to the 6 month period immediately preceding the first event giving rise to such liability.
|
||||
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law in your jurisdiction.
|
||||
Some jurisdictions prohibit the exclusion or limitation of liability for incidental, consequential or punitive damages.
|
||||
Accordingly, the limitations and exclusions set forth above may not apply to you.
|
||||
To the maximum extent permitted under applicable law, under no circumstances
|
||||
will We, Our affiliates, any of Our authorized Business Partner, or the
|
||||
licensor of any component provided to you under this EULA be liable to you for
|
||||
any direct, indirect, incidental, special, exemplary, punitive, or
|
||||
consequential damages (including, but not limited to, procurement of substitute
|
||||
goods or services, computer failure or malfunction, loss of data or profits,
|
||||
business interruption, etc.) however caused and on any theory of liability,
|
||||
whether in contract, strict liability, or tort (including negligence or
|
||||
otherwise) arising in any way out of the use of the software or inability to
|
||||
use the software, even if We, Our affiliates, an authorized Business Partner,
|
||||
and/or licensor are aware of or have been advised of the possibility of such
|
||||
damage. To the extent permitted by law and as the maximum aggregate liability,
|
||||
Our or Our affiliates' liability, an authorized Business Partner's liability
|
||||
or the liability of the licensor of a component provided to you under or in
|
||||
connection with this EULA will be limited to the lesser of either five hundred
|
||||
United States dollars ($500) or the fees paid by the Licensee or by Business
|
||||
Partner and received by Us for the Software and attributable to the 6 month
|
||||
period immediately preceding the first event giving rise to such liability. The
|
||||
limitations and exclusions in this section apply to the maximum extent
|
||||
permitted by applicable law in your jurisdiction. Some jurisdictions prohibit
|
||||
the exclusion or limitation of liability for incidental, consequential or
|
||||
punitive damages. Accordingly, the limitations and exclusions set forth above
|
||||
may not apply to you.
|
||||
|
||||
10. Compliance and Export Control
|
||||
|
||||
You understand that countries may restrict the import, use, export, re-export or transfer of encryption products
|
||||
and other controlled materials (which may include the Software or related technical information licensed hereunder).
|
||||
You agree to comply with export regulations by the Bureau of Industry and Security of the U.S. Department of Commerce
|
||||
and all applicable laws, restrictions and regulations in Your use of the Software, including but not limited to
|
||||
export restrictions of various countries that the Software may be subject to, and personal data protection regulations.
|
||||
You should comply with and oblige to secure Us from any breach of any law and regulation,
|
||||
from any claim or litigation arising as a result of such breach and to reimburse Us any loss, resulting from such breach.
|
||||
You will not use the Software for a prohibited use.
|
||||
10.1 Sanctions compliance. You undertake to follow that You and any person, allowed to use the Software and the Services by You,
|
||||
is not a subject or the target of sanctions, embargoes and restrictive measures (“Sanctions”),
|
||||
administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.S. Department of State,
|
||||
the United Nations Security Council, the European Union, Her Majesty’s Treasury of the United Kingdom,
|
||||
You understand that countries may restrict the import, use, export, re-export
|
||||
or transfer of encryption products and other controlled materials (which may
|
||||
include the Software or related technical information licensed hereunder). You
|
||||
agree to comply with export regulations by the Bureau of Industry and Security
|
||||
of the U.S. Department of Commerce and all applicable laws, restrictions and
|
||||
regulations in Your use of the Software, including but not limited to export
|
||||
restrictions of various countries that the Software may be subject to, and
|
||||
personal data protection regulations. You should comply with and oblige to
|
||||
secure Us from any breach of any law and regulation, from any claim or
|
||||
litigation arising as a result of such breach and to reimburse Us any loss,
|
||||
resulting from such breach. You will not use the Software for a prohibited use.
|
||||
10.1 Sanctions compliance. You undertake to follow that You and any person,
|
||||
allowed to use the Software and the Services by You, is not a subject or the
|
||||
target of sanctions, embargoes and restrictive measures ("Sanctions"),
|
||||
administered by the Office of Foreign Assets Control of the U.S. Department of
|
||||
the Treasury or the U.S. Department of State, the United Nations Security
|
||||
Council, the European Union, Her Majesty's Treasury of the United Kingdom,
|
||||
Department of Foreign Affairs and Trade of the Australian Federal Government,
|
||||
or other relevant sanctions authority (“Sanctioning Authorities”).
|
||||
or other relevant sanctions authority ("Sanctioning Authorities").
|
||||
|
||||
You undertake to comply with all the abovementioned Sanctions in all possible ways to keep Us harmless
|
||||
and oblige to immediately terminate relations with any person that becomes (or is)
|
||||
subject or target of any of the abovementioned Sanctions, or assists anybody to evade or violate the above mentioned Sanctions.
|
||||
You undertake to comply with all the abovementioned Sanctions in all possible
|
||||
ways to keep Us harmless and oblige to immediately terminate relations with
|
||||
any person that becomes (or is) subject or target of any of the abovementioned
|
||||
Sanctions, or assists anybody to evade or violate the above mentioned Sanctions.
|
||||
|
||||
11. Third-Party Beneficiary
|
||||
11. Third-Party Beneficiary
|
||||
|
||||
Licensee acknowledges and agrees that Our licensors (and/or Us if Licensee obtained the Software from any party other than Us)
|
||||
are third party beneficiaries of this Agreement, with the right to enforce the obligations set forth herein
|
||||
with respect to the respective technology of such licensors and/or Ours.
|
||||
Licensee acknowledges and agrees that Our licensors (and/or Us if Licensee
|
||||
obtained the Software from any party other than Us) are third party
|
||||
beneficiaries of this Agreement, with the right to enforce the obligations set
|
||||
forth herein with respect to the respective technology of such licensors and/or
|
||||
Ours.
|
||||
|
||||
12. Third-party components, contributions and software programs
|
||||
|
||||
We do not assert any Intellectual Property Rights over:
|
||||
(i) components created by third parties that may be taken from upstream sources in binary form compiled by Us from the source code;
|
||||
(ii) source code and documentation of the Software, which is developed collaboratively
|
||||
and is open to contributions by parties not affiliated with Us (to such purpose, contributors give Us non-exclusive rights
|
||||
according to the licenses of the Software and documentation);
|
||||
(iii) third parties software or programs included therein or therewith the Software.
|
||||
(a) components created by third parties that may be taken from upstream
|
||||
sources in binary form compiled by Us from the source code;
|
||||
(b) source code and documentation of the Software, which is develope
|
||||
ollaboratively and is open to contributions by parties not affiliated with
|
||||
Us (to such purpose, contributors give Us non-exclusive rights according
|
||||
to the licenses of the Software and documentation);
|
||||
(c) third parties software or programs included therein or therewith the
|
||||
Software.
|
||||
|
||||
13. General
|
||||
|
||||
If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall not be affected.
|
||||
If any provision of this EULA is held to be unenforceable, the enforceability
|
||||
of the remaining provisions shall not be affected.
|
||||
|
||||
Updates and upgrades may be licensed to Licensee by Us with additional or different terms.
|
||||
Updates and upgrades may be licensed to Licensee by Us with additional or
|
||||
different terms.
|
||||
|
||||
You are not allowed to transfer or assign this EULA or any rights hereunder, unless with Our previous written consent.
|
||||
Please inform Us of Your intention to transfer or assign in advance so We can respond accordingly.
|
||||
Conversely, We may transfer, assign, sublicense or delegate the EULA or any portions thereof, without restriction.
|
||||
We also may subcontract any performance associated with the Software to third parties,
|
||||
provided that such subcontract does not relieve Us of any of Our obligations under this EULA.
|
||||
You are not allowed to transfer or assign this EULA or any rights hereunder,
|
||||
unless with Our previous written consent. Please inform Us of Your intention
|
||||
to transfer or assign in advance so We can respond accordingly. Conversely, We
|
||||
may transfer, assign, sublicense or delegate the EULA or any portions thereof,
|
||||
without restriction. We also may subcontract any performance associated with
|
||||
the Software to third parties, provided that such subcontract does not relieve
|
||||
Us of any of Our obligations under this EULA.
|
||||
|
||||
Licensee may not sublicense, transfer or assign, whether voluntarily or by operation of law,
|
||||
any right or license in or to the Software. Any attempted sublicense, transfer or assignment shall be void.
|
||||
Licensee may not sublicense, transfer or assign, whether voluntarily or by
|
||||
operation of law, any right or license in or to the Software. Any attempted
|
||||
sublicense, transfer or assignment shall be void.
|
||||
|
||||
We may, from time-to-time modify this agreement.
|
||||
|
||||
Licensee shall comply with all applicable laws and regulations pertaining to this Agreement
|
||||
Licensee shall comply with all applicable laws and regulations pertaining to
|
||||
this Agreement
|
||||
|
||||
This Agreement, along with a VyOS Subscription Agreement, Privacy Policy and Terms and Conditions,
|
||||
any quotation, purchase order and services level agreement, if applicable, and any other documents
|
||||
deemed to be incorporated by reference in it, constitutes the entire agreement between the parties
|
||||
with respect to its subject matter and it supersedes all prior or contemporaneous agreements concerning such matter.
|
||||
If you order VyOS from a Business Partner, then any agreement that you enter into with a Business Partner
|
||||
is solely between you and a Business Partner and will not be binding on Us.
|
||||
This Agreement, along with a VyOS Subscription Agreement, Privacy Policy and
|
||||
Terms and Conditions, any quotation, purchase order and services level
|
||||
agreement, if applicable, and any other documents deemed to be incorporated by
|
||||
reference in it, constitutes the entire agreement between the parties with
|
||||
respect to its subject matter and it supersedes all prior or contemporaneous
|
||||
agreements concerning such matter. If you order VyOS from a Business Partner,
|
||||
then any agreement that you enter into with a Business Partner is solely
|
||||
between you and a Business Partner and will not be binding on Us.
|
||||
|
||||
In the table below, “Customer Location” refers to where Customer is located
|
||||
(as determined by Customer’s business address on the invoice) and determines which table row applies to Customer:
|
||||
In the table below, "Customer Location" refers to where Customer is located
|
||||
(as determined by Customer's business address on the invoice) and determines
|
||||
which table row applies to Customer:
|
||||
|
||||
Customer Location* VyOS Contracting Entity Governing Law Venue/Courts
|
||||
North & South America VyOS Inc California Poway
|
||||
EEA & UK
|
||||
(except Spain & Portugal) VyOS EMEA Operations Limited Ireland Cork
|
||||
Spain, Andorra & Portugal VyOS Networks Iberia SLU Spain Madrid
|
||||
Asia & Oceania VyOS APAC Pty Ltd Australia Sydney
|
||||
Non-EEA parts of Europe, Middle East, & Africa
|
||||
(except Andorra) VyOS Networks Cyprus Limited Cyprus Limassol
|
||||
Customer Location* VyOS Contracting Entity Governing Law Venue/Courts
|
||||
================== ======================= ============= ============
|
||||
North & South America VyOS Inc California Poway
|
||||
|
||||
*all sales via Cloud Providers are generally done by VyOS Inc.,
|
||||
unless otherwise decided by Us regardless of Customer location.
|
||||
EEA & UK VyOS EMEA Operations Ireland Cork
|
||||
(except Spain & Portugal) Limited
|
||||
|
||||
References to “We”, “Our”, “Us” are references to the applicable VyOS Contracting Entity specified in the Contracting Entity Table,
|
||||
unless otherwise has been decided for operational purposes, in the Quotation and in the invoice. The Services are provided by that VyOS Contracting Entity.
|
||||
Spain, Andorra & Portugal VyOS Networks Iberia SLU Spain Madrid
|
||||
|
||||
This Agreement, and any disputes arising out of or related hereto, will be governed exclusively by the applicable governing law above,
|
||||
without giving effect to any of its conflicts of laws, rules or principles.
|
||||
The courts located in the applicable venue above will have exclusive jurisdiction to adjudicate any dispute arising out of
|
||||
or relating to this Agreement or its formation, interpretation, or enforcement. Each party hereby consents and submits
|
||||
to the exclusive jurisdiction of such courts. Before resorting to any external dispute resolution mechanisms,
|
||||
the parties agree to use their best efforts in good faith to settle any dispute in relation to the Agreement.
|
||||
Asia & Oceania VyOS APAC Pty Ltd Australia Sydney
|
||||
|
||||
We may, in our sole discretion, amend this EULA at any time by posting a revised version thereof on Our website and,
|
||||
by updating the “last updated” date on the applicable page, or by providing reasonable notice.
|
||||
Your continued use of the Software following changes to the Agreement after the effective date of a revised version thereof
|
||||
constitutes Your expressed acceptance of and the agreement to be bound by the Agreement and its future versions or updates.
|
||||
Non-EEA parts of Europe, VyOS Networks Cyprus Cyprus Limassol
|
||||
Middle East, & Africa Limited
|
||||
(except Andorra)
|
||||
|
||||
*all sales via Cloud Providers are generally done by VyOS Inc., unless
|
||||
otherwise decided by Us regardless of Customer location.
|
||||
|
||||
References to "We", "Our", "Us" are references to the applicable VyOS
|
||||
Contracting Entity specified in the Contracting Entity Table, unless otherwise
|
||||
has been decided for operational purposes, in the Quotation and in the invoice.
|
||||
The Services are provided by that VyOS Contracting Entity.
|
||||
|
||||
This Agreement, and any disputes arising out of or related hereto, will be
|
||||
governed exclusively by the applicable governing law above, without giving
|
||||
effect to any of its conflicts of laws, rules or principles. The courts located
|
||||
in the applicable venue above will have exclusive jurisdiction to adjudicate
|
||||
any dispute arising out of or relating to this Agreement or its formation,
|
||||
interpretation, or enforcement. Each party hereby consents and submits to the
|
||||
exclusive jurisdiction of such courts. Before resorting to any external dispute
|
||||
resolution mechanisms, the parties agree to use their best efforts in good
|
||||
faith to settle any dispute in relation to the Agreement.
|
||||
|
||||
We may, in our sole discretion, amend this EULA at any time by posting a
|
||||
revised version thereof on Our website and, by updating the "last updated"
|
||||
date on the applicable page, or by providing reasonable notice. Your continued
|
||||
use of the Software following changes to the Agreement after the effective
|
||||
date of a revised version thereof constitutes Your expressed acceptance of and
|
||||
the agreement to be bound by the Agreement and its future versions or updates.
|
||||
|
||||
'''
|
||||
|
||||
Loading…
x
Reference in New Issue
Block a user