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CLOUD LINUX LICENSE AGREEMENT
READ THIS LICENSE AGREEMENT BEFORE INSTALLING THESE PROGRAMS. THIS
LICENSE AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND CLOUD LINUX GMBH &
CLOUD LINUX SOFTWARE, INC ("CLOUD LINUX")
GOVERNING YOUR USE OF ANY PROGRAMS DOWNLOADED, INSTALLED
OR USED BY YOU (THE “PROGRAMS”). CLOUD LINUX IS UNWILLING TO LICENSE
THE PROGRAMS EXCEPT ON THE TERMS CONTAINED IN THIS LICENSE AGREEMENT.
THE ACT OF DOWNLOADING, INSTALLING OR USING THE PROGRAMS SHALL
CONSTITUTE AN ACCEPTANCE BY YOU OF THE TERMS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT WISH TO AGREE TO THE TERMS OF THIS LICENSE AGREEMENT,
PROMPTLY EXIT THE INSTALLATION NOW AND REMOVE IT FROM YOUR SYSTEM.
THIS LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF CLOUD
LINUX'S OBLIGATIONS AND RESPONSIBILITIES TO YOU AS LICENSEE, AND
SUPERSEDES ANY OTHER PROPOSAL, REPRESENTATION, OR OTHER COMMUNICATION BY
OR ON BEHALF OF CLOUD LINUX RELATING TO THE SUBJECT.
1. GRANT OF LICENSE. Cloud Linux hereby grants to you, and you
accept, a limited, nonexclusive license to use the Programs in
machine-readable, object code form only, and the user manuals
accompanying the Programs (the “Documentation”), only as authorized
in this Agreement. For purposes of this Agreement, the “Programs”
include any updates, enhancements, modifications, revisions, or
additions to the Programs made by Cloud Linux and made available to
end-users. Notwithstanding the foregoing, Cloud Linux shall be under no
obligation to provide any updates, enhancements, modifications,
revisions, or additions to the Programs.
You may use one copy of the Programs only on systems, including
servers, work stations, virtual machines, blades, nodes or disk
partitions, for which you have purchased Subscription Services from
Cloud Linux or its resellers. For purposes of this Agreement, “use”
of the Programs means loading the Programs into the temporary or
permanent memory of a computer. Installation of the Programs on a
network server solely for distribution to other computers is not
“use” of the Programs, and is permitted, as long as you have
purchased Subscription Services for the systems being accessed by the
Programs.
2. PROTECTION OF PROPRIETARY RIGHTS. You acknowledge that the
Programs and each of their components are owned by Cloud Linux and
others, and are protected under copyright law and other laws as
applicable. Title to the Programs, or to any copy, modification, or
merged portion thereof shall remain with their respective owners,
subject to the applicable license. You may commercially redistribute
the Programs only if, you have entered into a separate agreement with
Cloud Linux authorizing such commercial redistribution or Cloud Linux
has otherwise granted you permission, in writing.
You agree not to remove any confidential or proprietary legends from
the Programs.
You acknowledge that, in the event of your breach of any of the
foregoing provisions, Cloud Linux will not have an adequate remedy in
money or damages. Cloud Linux shall therefore be entitled to obtain an
injunction against such breach from any court of competent jurisdiction
immediately upon request. Cloud Linux's right to obtain injunctive
relief shall not limit its right to seek further remedies.
Your obligations hereunder shall remain in effect for as long as you
continue to possess or use the Programs, or any proprietary interests
therein.
3. LIMITED WARRANTY; EXCLUSIVE REMEDIES.
Limited Warranty: Cloud Linux warrants that (i) the media on which
the Programs are furnished will be free from defects in materials and
manufacture under normal use of a period of 30 days from the date of
delivery to you; and (ii) Cloud Linux is the owner or authorized
licensee of the Programs, or has the rights to license the Programs to
you.
No person other than Cloud Linux, in writing, is authorized to
make any representation or warranty to you regarding the
Programs.
Exclusive Remedy: In the event of a breach of the limited
warranty above, your exclusive remedy relative to the Programs shall be
for Cloud Linux, at Cloud Linux’s option, to either: (i) replace the
Programs that does not meet the limited warranty; or (ii) refund to you
the Programs license fees (and no other fees) paid by you, during the 12
month period immediately preceding the breach of the limited warranty,
for the Programs which fails to comply with the limited warranties.
4. DISCLAIMER; LIMITATION ON LIABILITY
Disclaimer: THE LIMITED WARRANTY ABOVE IS THE SOLE WARRANTY MADE BY
CLOUD LINUX. CLOUD LINUX MAKES NO OTHER WARRANTY OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED. ANY AND ALL WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY CLOUD LINUX.
Limitation on Consequential Damages: IN NO EVENT SHALL CLOUD
LINUX BE LIABLE TO YOU, AS LICENSEE, OR ANY OTHER PERSON FOR ANY
INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR
SIMILAR LOSSES) EVEN IF CLOUD LINUX HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Limitation on Liability: THE CUMULATIVE LIABILITY OF CLOUD
LINUX TO YOU FOR ALL CLAIMS RELATED TO THE PROGRAMS AND THIS LICENSE
AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR
STRICT LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES
(AND NO OTHER FEES) PAID TO CLOUD LINUX FOR THE PROGRAMS DURING THE
TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL EVENT GIVING
RISE TO THE CLAIM.
All limitations on liability, damages and claims are intended to
apply without regard to whether other provisions of this License
Agreement have been breached or have proven ineffective.
5. TERMINATION. The license granted herein is effective
until terminated. The license will automatically terminate, without
notice, if you fail to comply with any provision of this License
Agreement. Upon termination of this License Agreement, all rights
granted to you pursuant to this License Agreement will terminate and
revert to Cloud Linux.
6. EXPORT CONTROL. You agree to comply with all applicable
laws, regulations, rulings and executive orders of the United States
relating to the exportation or importation of any copies of the Programs
(including but not limited to the export and destination control
regulations of the Commerce and Treasury Department) and with all
applicable foreign laws relating to the use, importation, licensing or
distribution of copies of the Programs.
7. GENERAL. This License Agreement shall be governed by
and construed in accordance with the laws of the State of Delaware and
the United States, without regard to any conflict of laws provisions.
The rights and obligations of the parties to this License Agreement
shall not be governed by the United Nations Convention on the
International Sale of Goods.
No modification of this License Agreement shall be binding
unless it is in writing and is signed by an authorized representative of
the party against whom enforcement of the modification is sought.
Any notices required or permitted under this License Agreement
shall be in writing and delivered in person or sent by registered or
certified mail, return receipt requested, with proper postage affixed.
In the event that any term of this License Agreement is or
becomes or is declared to be invalid or void by any court or tribunal of
competent jurisdiction, such term shall be null and void and shall be
deemed severed from this License Agreement, and all the remaining terms
of this License Agreement shall remain in full force and effect.