WSO2 UPDATE END-USER LICENSE AGREEMENT 2.1

This WSO2 Update End-User License Agreement ("EULA") constitutes a legal agreement between you, the "End User" (either an individual or a single entity) and WSO2 Inc., a Delaware corporation (“WSO2”) for the WSO2 software updates you download and install (the Update). By installing, copying, or otherwise using this Update you agree to be bound by these terms. If you do not agree to the terms of this EULA, do not install or use the Update. The Update is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Update is licensed, not sold.

1. Definitions

   1. A "Product" is a software package made available by WSO2 under the Apache License 2.0 or other license and subject to the terms thereof.
   2. A "Licensed Product" is a Product that is covered by an authorized commercial agreement between the End User and WSO2, or between the End User and a third party (OEM) that has an authorized commercial agreement with WSO2.
   3. "Term" means the term as defined in a license agreement for a Licensed Product, or the duration of any trial period extended to the End User.
   4. An "Update" is a software component made available by WSO2 that augments the capability or addresses an issue with a Product.

2. Grant of License

   Subject to the terms and conditions contained herein and any applicable Subscription Agreement, including the usage limits described therein, WSO2 grants the End User a non-exclusive, non-transferrable (other than to permitted successors and assignees), renewable license to use the Update as follows:

   1. Installation and Use: WSO2 grants you the right to install and use copies of the Update in a Licensed Product during the Term. You shall not exceed the number of licenses, tiers, nodes, or other use restrictions or authorizations agreed to and paid for in the commercial agreement.
   2. Backup Copies: You may make copies of the Update as may be necessary for backup and archival purposes.

3. Other Limitations

   1. Maintenance of Copyright Notices: You shall not remove or alter any copyright or license notices that appear in or on the Update.
   2. Modification: You shall not modify, alter, decompile, decrypt, disassemble, translate, or reverse engineer the Update.
   3. Distribution: You shall not distribute copies of the Update to third parties.
   4. Rental: You shall not rent, lease, or lend the Update, including renting, leasing, or lending a Product that includes the Update.
   5. SaaS: You shall not make the Update or Product that includes the Update available as commercial Software-as-a-Service.
   6. Compliance with Applicable Laws: You shall comply with all applicable laws regarding the use of the Update.

4. Termination

   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 this EULA if you fail to comply with the terms and conditions of this EULA.

   Upon expiration or termination of these terms, you shall uninstall and destroy all copies of the Update in your possession. Termination or expiration of this EULA shall not affect End Users' rights to use any Product in accordance with the terms and conditions of the applicable EULA, or to receive services in accordance with a support agreement, or other agreement as may be applicable.

5. Copyright

   All right, title and interest, including but not limited to intellectual property rights such as copyrights, in and to the Update 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 Update 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.

6. No Warranties

   UNLESS EXPRESSLY PROVIDED HEREIN TO THE CONTRARY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ANY AND ALL SERVICES AND SOFTWARE INCLUDING PATCHES AND SERVICE PACKS PROVIDED BY WSO2 HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING 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. NOTHING STATED IN THIS AGREEMENT WILL IMPLY THAT THE OPERATION OF ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED.

7. 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; LOSS OF OR DAMAGE TO DATA; 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.