“Licensee” means the entity using the Software in accordance with these Terms and any
Subscription Agreement that expressly incorporates these Terms or to which these Terms may be
“Licensee’s Systems” means any computer system owned, controlled, or operated by or solely on
behalf of Licensee upon which the Software shall be deployed.
“Software” means the software identified in a Subscription Agreement, together with any
documentation and Updates thereto.
“Subscription Agreement” means any valid written agreement entered into between WSO2 and
Licensee setting forth the specifics of the licenses, usage limits and services provided to Licensee in
relation to the Software.
“Term” means the period of time these Terms, including the Software License, as described herein
and in any applicable Subscription Agreement, are valid. The Term shall be coterminous with the
term of the Subscription Agreement to which these Terms are attached or which expressly
incorporates these Terms or, in the case of evaluation offers, the term of the evaluation, as
described in Section 5(b), below.
“Update” means software components, media, printed materials, and online or electronic
documentation that augments the capability or addresses a requirement or deficiency in the
Software. Updates include patches or fixes obtained through the WSO2 Update service (see
https://wso2.com/updates) or delivered directly to Licensee.
“WSO2” means WSO2 Inc. and its affiliate entities which are owned and/or controlled by, owned
and/or controlled; or are under common ownership and/or control with WSO2.
Subject to the terms and conditions contained herein and the applicable Subscription Agreement,
including the usage limits described therein, WSO2 grants Licensee a non-exclusive, non-transferable,
renewable license (the “Software License”) to Use the Software during the Term. For purposes of this
Software License, the term “Use” means to install, store, load, execute, and display the Software on the
Licensee’s Systems for its own internal use.
All right, title and interest, including but not limited to intellectual property rights such as copyrights, in
and to the Software and any copies thereof, are owned by WSO2 or its suppliers. All right, title and
interest, including but not limited to intellectual property rights such as copyrights, in and to the content
which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not
expressly granted are reserved by WSO2 or its suppliers.
Updates and minor version upgrades to the Software may be made available periodically to the Licensee
during the Term, as set out in the Licensee’s Subscription Agreement, and such Updates and minor
version upgrades shall be subject to these Terms. In the event of any conflict between these Terms and
the terms of any other license terms or End User License Agreements attached to Updates and minor
version upgrades, these terms shall govern.
- Use Restrictions. Licensee may not exceed the number of licenses, tiers, nodes or other use
restrictions or authorizations agreed to and paid for by Licensee in a Subscription Agreement.
- Evaluation. WSO2 may provide copies of the Software to Licensee for the purpose of evaluation
and trials, without a Subscription Agreement. By accepting such copies of the Software,
Licensee agrees to be bound by these Terms, for a Term as specified in the evaluation offer
extended by WSO2. For evaluations, Licensee may deploy a single instance of the Software for
purposes of testing, evaluation, and demonstration. Licensee may not deploy the Software into
production (accepting legally-binding transactions from actual end users) during the evaluation
term. Upon (i) conclusion of the evaluation period as determined by WSO2, (ii) notice by
Licensee of the conclusion of its evaluation, or (ii) the execution of a Subscription Agreement
superseding the evaluation license, the evaluation restrictions on use of the Software set forth
in this Section 5(b) terminates.
- Copy. Licensee may make copies of the Software for backup or archival purposes or when
copying is an essential step in the authorized Use of the Software. Licensee shall ensure that
backup copies are executed only upon the failure of the original to execute.
- Maintenance of Copyright Notices. Licensee may not remove or alter any copyright notices on
the Software (including any documentation related thereto) and must reproduce all copyright
notices that appear in or on the Software (including any documentation related thereto) on all
permitted copies. Licensee may use Software documentation and copies thereof solely for
- Theming. Licensee may use supported features for theming product user interfaces, but must
retain the “WSO2” or “powered by WSO2” logos in conformance with WSO2 logo usage
guidelines provided by WSO2.
- Modification. Other than supported theming, Licensee may not modify, reverse engineer,
disassemble, decrypt, decompile, or make derivative works of the Software.
- Distribution. Licensee may not distribute copies of the Software to third parties.
- Rental. Licensee may not sublicense, assign, transfer, rent or lease the Software or the Software
License, except as expressly permitted under Section 5(i).
- Commercial hosting. Licensee may not use the Software for commercial software hosting
- Consultant or Subcontractor Use. Subject to these Terms, Licensee may permit a consultant or
subcontractor to Use the Software solely on behalf of the Licensee, on the Licensee’s Systems
provided that Licensee remains fully responsible and directly liable to WSO2 for
consultants’/subcontractors’ compliance with these Terms.
These Terms, including the Software License, shall expire at the end of the Term, unless Licensee and
WSO2 agree to renew such License. Without prejudice to any other rights, WSO2 may terminate these
Terms, including the Software License, if Licensee fails to comply with any of the Terms. Upon expiration
or termination of these Terms, Licensee shall destroy or return to WSO2 the Software, all copies of the
Software in Licensee’s possession and any documentation in relation to the Software, and shall uninstall
any Updates provided by WSO2 in relation to the Software.
EXCEPT FOR THE WARRANTIES EXPRESSLY SET OUT IN ANY SUBSCRIPTION AGREEMENT, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, WSO2 PROVIDES NO OTHER WARRANTIES OF ANY KIND IN RELATION TO
THE SOFTWARE OR THE OPERATION THEREOF, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO WARRANTY,
WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY WSO2 OR MAY BE INFERRED FROM A COURSE OF DEALING OR
USAGE OF TRADE.
WSO2 WARRANTS FOR THIRTY (30) DAYS FROM THE BEGINNING OF THE TERM THAT THE SOFTWARE WILL
PERFORM SUBSTANTIALLY AS DESCRIBED IN THE DOCUMENTATION. THE REMEDY FOR A BREACH OF THIS
WARRANTY IS FOR WSO2 TO REPLACE OR REPAIR THE SOFTWARE WITHIN SIXTY (60) DAYS OF WSO2 HAVING BEEN
NOTIFIED OF THE DEFECT; IF A REPAIR CANNOT BE MADE DURING THIS TIME, WSO2 WILL TERMINATE THIS
LICENSE AND REFUND LICENSEE THE AMOUNT PAID FOR THE SOFTWARE.
Limitation of Liability
IN NO EVENT WILL WSO2 BE LIABLE FOR ANY INCIDENTAL INDIRECT, SPECIAL, OR CONSEQUENTIAL COSTS OR
DAMAGES INCLUDING, WITHOUT LIMITATION, DOWNTIME COSTS; LOST BUSINESS, REVENUES, OR PROFITS;
FAILURE TO REALIZE EXPECTED SAVINGS; OR SOFTWARE RESTORATION, REGARDLESS OF WHETHER ANY OF THE
FOREGOING ARE FORESEEABLE, AND REGARDLESS OF WHETHER WSO2 HAS BEEN NOTIFIED OF THE POSSIBILITY OF
ANY OF THE FOREGOING. THESE LIMITATIONS WILL APPLY REGARDLESS OF THE BASIS OF LIABILITY; INCLUDING
NEGLIGENCE; MISREPRESENTATION; BREACH; LIBEL; INFRINGEMENT OF PUBLICITY, PRIVACY, OR INTELLECTUAL
PROPERTY RIGHTS; OR ANY OTHER CONTRACT OR TORT CLAIM.