END-USER LICENSE AGREEMENT FOR WSO2 UPDATE MANAGER v1.0
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: WSO2's End-User License Agreement for WSO2 SOFTWARE ("EULA") is a legal agreement between you ("LICENSEE") and WSO2 Inc (LICENSOR and referred to herein as "WSO2") for the WSO2 software product identified above which may include associated software components, media, printed materials, online or electronic documentation and source code (the "SOFTWARE"). By installing, copying, or otherwise using this SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
GRANT OF LICENSE
WSO2 grants LICENSEE the right to install and use the SOFTWARE in accordance with the terms hereof and in accordance with the license terms of a WSO2 Product and WSO2 Updates. A WSO2 Product is a software package made available by WSO2 under the Apache License 2.0 and subject to the terms thereof. A WSO2 Update is a licensed software component made available by WSO2 that augments the capability or addresses an issue with a Product.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
- Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE.
- Distribution. You may not distribute copies of the SOFTWARE to third parties without the prior written permission of WSO2.
- Rental. You may not rent, lease, or lend the SOFTWARE.
- Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE.
All title, including but not limited to copyrights, in and to the SOFTWARE and any copies thereof are owned by WSO2 or its suppliers. All title and intellectual property rights 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. This EULA grants LICENSEE no rights to use such content. All rights not expressly granted are reserved by WSO2. LICENSEE’s rights to the SOFTWARE are strictly limited to these Terms.
LICENSEE will not modify, reverse engineer, disassemble, decrypt, decompile, or make derivative works of the SOFTWARE. The SOFTWARE is to be used in conjuction with and requires a subscription to the WSO2 Update service and cannot be used in conjunction with other services without the prior written permission of WSO2.
Without prejudice to any other rights, WSO2 may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE in your possession. Termination or expiration of this Agreement shall not affect End Users’ rights to use WSO2 Product(s) in accordance with the terms and conditions of the applicable EULA, or to receive services in accordance with a WSO2 subscription or other agreement as may be applicable.
WSO2 expressly disclaims any warranty for the SOFTWARE. The SOFTWARE is provided "As Is" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. WSO2 does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE. WSO2 makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. WSO2 further expressly disclaims any warranty or representation to authorized users or to any third party.
LIMITATION OF LIABILITY
In no event shall WSO2 be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of use of or inability to use the SOFTWARE, even if WSO2 has been advised of the possibility of such damages. In no event will WSO2 be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. WSO2 shall have no liability with respect to the content of the SOFTWARE or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
There are no implied licenses.
WSO2 may audit LICENSEE’s books and records to verify your fulfillment of obligations under these Terms. Any such audit would be at WSO2’s expense, require reasonable notice, and would be performed during normal business hours.
This Agreement is governed by the laws of California without giving effect to the principles of conflict of laws. In the event of a dispute between the parties hereto, arising out of or in connection with or with respect to this Agreement or any breach thereof, such dispute shall be determined and settled by arbitration in Santa Clara, California in accordance with the rules of the American Arbitration Association (“AAA”). The award rendered by the arbitrator shall be final and binding on the parties thereto, and judgment may be entered in any court of competent jurisdiction.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.