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.
- 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.
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
"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.
An "Update" is a software component made available by WSO2 that augments
the capability or addresses an issue with a Product.
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:
- 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.
- Backup Copies: You may make copies of the Update as may be necessary for
backup and archival purposes.
Maintenance of Copyright Notices: You shall not remove or alter any
copyright or license notices that appear in or on the Update.
Modification: You shall not modify, alter, decompile, decrypt,
disassemble, translate, or reverse engineer the Update.
Distribution: You shall not distribute copies of the Update to third
Rental: You shall not rent, lease, or lend the Update, including renting,
leasing, or lending a Product that includes the Update.
SaaS: You shall not make the Update or Product that includes the Update
available as commercial Software-as-a-Service.
Compliance with Applicable Laws: You shall comply with all applicable laws
regarding the use of the Update.
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.
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.
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.
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.