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			442 lines
		
	
	
		
			25 KiB
		
	
	
	
		
			TOML
		
	
	
	
	
	
[[includes_chroot]]
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  path = 'usr/share/vyos/EULA'
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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
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BEFORE USING VYOS FROM US. BY USING VYOS, YOU ("YOU", "LICENSEE", "CUSTOMER")
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SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS END USER LICENSE AGREEMENT AND
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ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS. THIS AGREEMENT IS
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ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT USES THE SOFTWARE AND ANY PERSON
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OR ENTITY (E.G., SYSTEMS INTEGRATOR, CONSULTANT OR CONTRACTOR) THAT USES THE
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SOFTWARE ON ANOTHER PERSON'S OR ENTITY'S BEHALF. IF YOU DO NOT ACCEPT THE TERMS
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OF THIS AGREEMENT, THEN YOU MUST NOT USE THE SOFTWARE. THE EFFECTIVE DATE OF
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THIS AGREEMENT IS THE EARLIEST OF THE START DATE OF SERVICES STATED IN OUR
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INVOICE, PREVIOUS ACCEPTANCE OF THIS AGREEMENT (OR OUR BUSINESS PARTNER'S ORDER
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OR/AND INVOICE, PREVIOUS ACCEPTANCE OF THIS AGREEMENT) OR THE DATE THAT
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CUSTOMER HAS ACCESS AND IS ABLE TO USE OUR PRODUCTS OR SERVICES. THIS END USER
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LICENSE AGREEMENT DOES NOT COVER ANY SERVICES FROM US, OR THROUGH OUR BUSINESS
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PARTNER, OTHER THAN ACCESS TO THE SOFTWARE, SUCH AS TECHNICAL SUPPORT, UPGRADES
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OR SUPPORT SERVICES. PLEASE REVIEW YOUR SERVICES OR SUBSCRIPTION AGREEMENT(S)
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THAT YOU MAY HAVE WITH US OR OTHER AUTHORIZED VYOS SERVICES PROVIDER OR
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BUSINESS PARTNER REGARDING THE SOFTWARE AND SERVICES AND ASSOCIATED PAYMENTS.
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1. Definitions
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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
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services provider or  business partner) and consisting of VyOS software
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application (exclusively or along with any third-party software included
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therein or therewith) that includes or refers to this Agreement and any related
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						||
documentation (including, without limitation, user and technical documentation,
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						||
further explanatory written materials related to the Software, etc.), services
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(including, without limitation, SaaS, internet-based service, etc.), tool,
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application, component, object code, source code, appearance (including,
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without limitation, images, designs, fonts, etc.), structure as well as any
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modification
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and update thereof, regardless of the delivery mechanism.
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"Services" means software support services and any other services provided by
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Us, or through Our Business Partner, on a subscription basis.
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1.3 "Authorized Users" means employees or individual contractors to whom,
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pursuant to this Agreement, the Licensee has granted a right to access and use
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the Software with your credentials, provided that such access shall be for your
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sole benefit and in full compliance with this EULA.
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All Authorized Users are bound by the terms of this Agreement.
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1.4 "Cloud Provider" means authorized hosting partner's cloud marketplace
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platform, a company that delivers cloud computing based services, resources and
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solutions to businesses and/or offers solutions via the cloud marketplace.
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1.5 "Business Partner" shall mean Our authorized sales agent, partner, Cloud
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Provider reseller or distributor of the Software and Our Services authorized to
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sell Software and Services via our subscriptions. Purchases through or by a
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Business Partner. In instances where Customer purchases through a Business
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Partner, final prices and terms and conditions of sale will be as agreed
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between Customer and the Business Partner from which Customer makes such
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purchases; however, the terms set forth in this EULA are applicable to
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Customer's use and the performance of VyOS. Customer acknowledges that:
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(a) We may share information with the Business Partner related to Customer's
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    use and consumption of VyOS, and vice versa, for account management and
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    billing purposes;
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(b) the termination provisions below will also apply if Customer's Business
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    Partner fails to pay Us applicable fees; and
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(c) Business Partner is not authorized to make any changes to this EULA or
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    otherwise authorized to make any warranties, representations, promises or
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    commitments on Our behalf or in any way concerning the VyOS.
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"Business Partner's order" means the ordering document(s), issued during Your
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purchasing process by Our Business Partner in a way and manner as defined by
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Our Business Partner. Business Partner's order may describe specific Software
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and Services, Subscription(s), associated fees, payment terms, and shall be
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subject to the terms of this Agreement  and EULA.
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1.6 "Customer", "You", "Licensee", "Your" - user of VyOS and its heirs, agents,
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successors, assigns and - for the purpose of Global subscription - its
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Affiliates.
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2. License Grant
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Subject to the following terms, We grant to You a perpetual, worldwide license
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to the Software (most of which includes multiple software components) pursuant
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to different open sourced and public licenses. The license agreement for each
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software component is located in the software component's source code and
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permits you to run, copy, modify, and redistribute the software component
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(subject to certain obligations in some cases), both in source code and binary
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code forms, with the exception of the images identified in Section 4 below. You
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shall either agree to the terms of each applicable public license or You must
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not install/use those components or exercise such licensed rights.
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This EULA pertains solely to the Software and does not limit your rights under,
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or grant you rights that supersede, the license terms of any particular
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component.
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2.1 Limited Modifications. For the avoidance of doubt, Licensee is permitted to
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use VyOS from Us in accordance with VyOS terms and conditions and on the
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specific quotation, purchase order and/or the subscription or customized
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agreements, if any. Any other modifications of VyOS terms and conditions won't
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be allowed, except as expressly authorized through a separate custom agreement,
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unless otherwise defined by this Agreement, specific quotation, purchase order
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and/or the subscription or customized agreements.
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2.2 No Unbundling. Nonetheless, the Software is designed and provided to
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Licensee solely as permitted herein. Licensee shall not unbundle or repackage
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the Software for distribution, transfer or other disposition, unless otherwise
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specified by this Agreement.
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3. Prohibited Use and Allowed Use
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3.1 Except as expressly authorized through a separate custom agreement,
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Licensee and the Authorized Users are prohibited from:
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(a) using the Software on behalf of third parties;
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(b) sublicensing, licensing, renting, leasing, lending or granting other rights
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    in the Software including rights on a membership or subscription basis;
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(c) providing use of the Software in a service bureau arrangement, outsourcing
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    or on a time sharing basis;
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(d) interfere with or disrupt the Software or systems used to provide the VyOS
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    or other equipment or networks connected;
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(e) circumvent or disclose the user authentication or security of the Software
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    or any host, network, or account related thereto or attempt to gain
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    unauthorized access;
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(f) store or transmit SPAM or malicious code;
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(g) duplicate the Software or publish the Software for others to copy;
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(h) infringe the intellectual property rights of any entity or person; or
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(i) make any use of the Software that violates any applicable local, state,
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    national, international or foreign law or regulation.
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For more information about how to obtain a custom agreement, please contact us
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at: sales@vyos.io.
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3.2 The following uses of the Software shall be allowed:
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(a) any lab setup within the Licensee or on an Authorized User's personal
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    device, for the purpose of learning, testing, or debugging company network
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    configs, and
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(b) any use in Authorized User's personal home networks, including but not
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    limited to Internet access, corporate VPN access, learning and
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    experimentation.
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4. Intellectual Property Rights
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The Software and each of their components are owned by Us and other licensors
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and are protected under copyright law and other laws as applicable. Title to
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the Software and any component and systems, or to any copy or modification
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shall remain with Us and other licensors, subject to the applicable license.
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The "VyOS" mark, the individual Software marks, and the "VyOS" logo are
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trademarks or registered trademarks in the EU, US and other countries. Artwork
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files that feature the VyOS logo, including but not limited to boot splash
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images and user interface elements, are Our property, distributed on the "all
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rights reserved" basis. You cannot redistribute those files separately or as
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part of Software without an express permission from the copyright holder. By
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accepting this Agreement You commit not to register or request registration of
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any commercial name, domain name, email, trademark, symbol or distinctive;
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sign, with similar characteristics, color, typography, style or appearance or
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that includes the word "VyOS" or/and VyOS logo.
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This EULA does not permit you to distribute the Software using VyOS trademarks,
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regardless of whether the Software has been modified. You may make a commercial
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redistribution of the Software only if
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(a) permitted under a separate written agreement with Us authorizing such
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    commercial redistribution or
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(b) you remove and replace all Our occurrences and VyOS trademarks and logos.
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Modifications to the software may corrupt the Software.
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4.1 The Licensee grants Us a right to use its logos and trademarks for the
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purpose of displaying their Licensee status on the VyOS website, and for the
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purposes specified in VyOS Subscription Agreement. We will not claim that the
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Licensee endorses VyOS and will not publicize any details of Licensee's VyOS
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usage, network setup, or any other information not explicitly provided by the
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Licensee for public release.
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4.1.1 The Licensee can revoke Our right to use Licensee's trademarks and logos
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at any time, unless otherwise agreed in VyOS Subscription Agreement, or Our
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Quotation.
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5. Updates
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Along with all software update subscriptions, We provide security updates,
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hot-fixes and security advisory notifications before public disclosure
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(herein after collectively referred to as the "Updates"). You expressly
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acknowledge and agree that We have no obligation to make available and/or
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provide any Updates. All upgrades and Updates are provided by Us or through
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Our Business Partners to Licensee at Our sole discretion and are subject to
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the terms of this Agreement on a license exchange basis. Any obligations that
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We may have to support previous versions during the license term may end upon
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the availability of this update. Upgrades and Updates may be licensed to
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Licensee by Us with additional or different terms.
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6. Support
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This agreement does not automatically entitle the Licensee to any support for
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the Software provided by Us or through Our Business Partners unless otherwise
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specified in the subscription terms. For the avoidance of doubt, We have no
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liability and provide no support for any hardware or any cloud marketplace
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services provided by any Business Partner or Cloud Provider. Where available,
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maintenance and support may be purchased separately subject to a separate
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VyOS's support services included subscriptions.
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Support for software built from source code by a party other than Us, with or
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without modifications made by the Licensee or a third party, is provided only
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through separate agreements.
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For more information about how to obtain a VyOS's software and support services
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included subscriptions, please contact us at: sales@vyos.io.
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7. Term and Termination.
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This Agreement begins on the Effective Date and shall remain in effect until
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terminated due to
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(a) Licensee fails to pay the fees amounts associated to Our subscriptions
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    when due or otherwise materially breaches this Agreement, specific
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    quotation, purchase order and/or the subscription or customized agreements
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    and fails to remedy the breach within ten (10) days from the receipt of a
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    notification sent in writing or electronically,
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(b) Licensee's deactivation or subscription cancellation of the Software,
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(c) Licensee fails to pay the Business Partner, or terminate the agreement with
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    a Business Partner, or Business Partner fails to pay Us the applicable fees
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    of your Software and/or Services, or
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(d) We change, cease to provide or discontinue the Software at any time.
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Upon the occurrence of (a), (b), (c) or (d), above, We are entitled to
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terminate this Agreement. Upon termination of this Agreement for any reason,
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Licensee shall discontinue use of the Software. If you have copies of the
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Software obtained when You still had an active subscription, you can keep using
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them indefinitely as long as you comply with this Agreement and VyOS
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Subscription Agreement, in particular - with Section 4 above and provided this
 | 
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is not intended to interfere with any rights you may have from other public
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and open source licenses.Termination shall not, however, relieve either party
 | 
						||
of obligations incurred prior to the termination. The following Sections shall
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						||
survive termination of this Agreement: Definitions, Intellectual Property
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Rights, Limited Warranty, Limitation of Remedies and Liability, General, Term
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						||
and Termination, and others which by their nature are intended to survive.
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8. Limited Warranty
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Except as specifically stated in this Section 8, a separate agreement with Us,
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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
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						||
enjoyment, satisfactory quality or fitness for a particular purpose. Neither
 | 
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Us nor Our affiliates and Business Partners warrant that the Software will
 | 
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meet your requirements, will be uninterrupted, timely, secure; that the
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operation of the Software will be entirely error-free, appear or perform
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precisely as described in the accompanying documentation, or comply with
 | 
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regulatory requirements; that the results that may be obtained from the use of
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the Software will be effective, accurate or reliable; the quality of the
 | 
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Software will meet your expectations; or that any errors or defects in the
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Software will be corrected. This warranty extends only to the party that
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purchases subscription services for the Software from Us and/or Our affiliates
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or a Our authorized Business Partner.
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We and Our affiliates specifically disclaim any liability with regard to any
 | 
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actions resulting from your use of the Software. Any material downloaded or
 | 
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otherwise obtained through use of the Software is accessed at your own
 | 
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discretion and risk, and you will be solely responsible for any damage to your
 | 
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computer system or loss of data that results from use of the Software. We and
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Our affiliates assume no liability for any malicious software that may be
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downloaded to your computer as a result of your use of the Software.
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We will not be liable for any loss that you may incur as a result of a third
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party using your password or account or account information in connection with
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the Software, either with or without your knowledge.
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Licensee assumes the entire cost of all necessary servicing, repair, or
 | 
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correction of problems caused by viruses or other harmful components; We
 | 
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disclaim and makes no warranties or representations as to the accuracy,
 | 
						||
quality, reliability, suitability, completeness, truthfulness, usefulness, or
 | 
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effectiveness of the outputs, logs, reports, data, results or other information
 | 
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obtained, generated or otherwise received by Licensee from accessing and/or
 | 
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using the Software or otherwise resulting from this Agreement; and Licensee
 | 
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shall use the Software at its own risk and in no event shall We be liable to
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Licensee for any loss or damage of any kind (except personal injury or death
 | 
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resulting from Our negligence, fraud or fraudulent misrepresentation and any
 | 
						||
other liability that cannot be excluded by law) arising from Licensee's use of
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or inability to use the Software or from faults or defects in the Software
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whether caused by negligence or otherwise.
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Licensee agrees to defend, indemnify and hold Us harmless from any losses,
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liabilities, damages, actions, claims or expenses (including legal fees and
 | 
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court costs) arising or resulting from Licensee's breach of any term of this
 | 
						||
agreement or caused by acts or omissions performed by licensee.
 | 
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Some jurisdictions do not allow the exclusion of certain warranties, the
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limitation or exclusion of implied warranties, or limitations on how long an
 | 
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implied warranty may last, so the above limitations may not apply to you.
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9. Limitation of Remedies and Liability
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To the maximum extent permitted under applicable law, under no circumstances
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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
 | 
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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,
 | 
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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
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use the software, even if We, Our affiliates, an authorized Business Partner,
 | 
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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,
 | 
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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
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						||
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.
 | 
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10. Compliance and Export Control
 | 
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 | 
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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.
 | 
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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").
 | 
						||
 | 
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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
 | 
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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.
 | 
						||
 | 
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12. Third-party components, contributions and software programs
 | 
						||
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We do not assert any Intellectual Property Rights over:
 | 
						||
(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.
 | 
						||
 | 
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13. General
 | 
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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.
 | 
						||
 | 
						||
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.
 | 
						||
 | 
						||
We may, from time-to-time modify 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.
 | 
						||
 | 
						||
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                   VyOS EMEA Operations      Ireland       Cork
 | 
						||
(except Spain & Portugal)  Limited
 | 
						||
 | 
						||
Spain, Andorra & Portugal  VyOS Networks Iberia SLU  Spain         Madrid
 | 
						||
 | 
						||
Asia & Oceania             VyOS APAC Pty Ltd         Australia     Sydney
 | 
						||
 | 
						||
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.
 | 
						||
 | 
						||
'''
 |