Terms and Conditions
Evaluation License Agreement for FatFractal Cloud in a Box Lite
11th November 2013
FATFRACTAL, INC. (“FATFRACTAL”) LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS BETA TESTING LICENSE AGREEMENT (THIS “AGREEMENT”). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING AND USING THIS SOFTWARE AND THE ACCOMPANYING DOCUMENTATION (THE “SOFTWARE”). THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OPEN, COPY OR USE THE SOFTWARE. BY CLICKING THE “I ACCEPT THE TERMS..” CHECKBOX WHEN DOWNLOADING THE SOFTWARE, OR BY INSTALLING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
THE PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF ANY DEFECTS OR BUGS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.
License to Use the Software
Subject to the terms of this Agreement, you are hereby given a limited, terminable, non-exclusive, non-transferable, non-sublicenseable license to access and use the Software in accordance with the Documentation solely for purposes of internal testing and evaluation.
Restrictions on Grant of License
You may only use the Software in a way that is expressly permitted by this Agreement. You may not attempt to a) modify or otherwise create any derivative works of the Software or Documentation, orb) to reverse engineer the Software or otherwise attempt to derive the source code or c)redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software under any circumstances, or d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or documentation.
Ownership: All copyright, trademarks and all other intellectual property rights in the Software, (including without limitation the design, text, graphics and all software and source codes) are owned by or licensed to FatFractal or otherwise used by FatFractal as permitted by law. This Agreement does not transfer from FatFractal to you any FatFractal or third party intellectual property rights.
Feedback: You agree that FatFractal will have the right to unrestricted use and distribution for any purpose of any comments, ideas, suggestions and similar information provided by you to us (“Feedback”) without compensation or acknowledgement and you hereby assign to us all rights and interest in such Feedback created or provided whilst this Agreement is in force.
Beta-Software Product Support
FatFractal is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.
Term Of This Agreement
Your rights with respect to the Beta Software will terminate upon the earlier of (a) the initial commercial release by FatFractal of a generally available version of the Software or (b) six months after the last date you downloaded the Software or any update thereto.
Disclaimer of Warranties
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY OR THAT ACCESS WILL BE UNINTERRUPTED, ERROR FREE OR RELIABLE. YOUR USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND SOLE RISK.
Limitation of Liabilityand Indemnification
Provision of any Software under this Agreement is experimental and shall not create any obligation for FatFractal to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party.
TO THE EXTENT PERMITTED BY LAW, FATFRACTAL WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE WHATEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, OPPORTUNITY, DATA, PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FATFRACTAL, ITS CONTRACTORS AND ITS LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITIES, COSTS, CLAIMS, DAMAGES INCLUDING ATTORNEYS’ FEES ARISING OUT OF YOUR USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY BREACH BY YOU OF THIS AGREEMENT.
General Representation and Warranty
This Agreement shall be construed in accordance with the laws of Delaware, United States of America, without regard to its conflict of laws principles, and you hereby submit to the exclusive jurisdiction of the federal and state courts, in such state as determined by FatFractal, in connection with any dispute arising out of this Agreement.
This Agreement constitutes the entire agreement between you and FatFractal with respect to the subject matter hereof,and supersedes all prior agreements whether electronic, oral or written not specifically incorporated herein.
If it is determined that any of the terms within this agreement are invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms of the Agreement shall survive and remain in full force and effect and continue to be binding and enforceable.
If you have any questions or concerns about this Agreement or wish to report any violations, please contact us at firstname.lastname@example.org.