PIVOTAL SOFTWARE, INC. EVALUATION LICENSE AGREEMENT | |
IMPORTANT - READ CAREFULLY: BY DOWNLOADING, INSTALLING, OR USING THIS | |
SOFTWARE, YOU (THE INDIVIDUAL OR LEGAL ENTITY) AGREE TO BE BOUND BY THE TERMS | |
OF THIS PIVOTAL SOFTWARE, INC. EVALUATION LICENSE AGREEMENT ("AGREEMENT"). IF | |
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT DOWNLOAD, | |
INSTALL, USE OR COPY THE SOFTWARE AND YOU MUST DELETE ANY COPIES OF IT FROM | |
YOUR SYSTEMS. | |
1. SOFTWARE LICENSE & LIMITATIONS | |
1.1 Software License. Pivotal grants You a limited, non-exclusive, | |
non-transferable, non-sublicensable, temporary and limited right to use one | |
copy of the Software for non-production, test and demonstration purposes, for | |
a period from April 9, 2015 to June 1, 2015, provided You comply with this | |
Agreement. Pivotal does not provide any maintenance or support for the | |
Software under this Agreement. "Software" means the software product that is | |
licensed to You under this Agreement, including, but not limited to, any | |
related components provided with the Software, application programming | |
interfaces, associated media, online or electronic documentation, and any | |
updates and maintenance releases thereto. | |
1.2 Open Source & Third Party Software. Open source software ("OSS") | |
components provided with the Software are licensed to You under such Third | |
Party Open Source Software's license terms in the open_source_licenses.txt | |
file included in the Software, other materials accompanying the Software, | |
and/or the documentation or corresponding source files available at | |
http://www.pivotal.io/open-source. You are responsible for separately | |
obtaining and complying with any licenses necessary to operate third-party | |
software which the Software enables You to run. | |
1.3 Limitations on Your License. Except as expressly permitted by this | |
Agreement or to the extent such a restriction is prohibited by applicable | |
law, You may not (i) sell, lease, assign, license, sublicense, distribute or | |
otherwise transfer in whole or in part the Software; (ii) permit any use of | |
or access to the Software by any third party, or operate the Software on | |
behalf of or for the benefit of any third party, including the operation of | |
any service that is accessed by a third party; (iii) modify or create | |
derivative works based upon the Software; (iv) create, develop, license, | |
install, use, or deploy any software or services to circumvent, enable, | |
modify or provide access, permissions or rights which violate the technical | |
restrictions in the Software; or (v) copy, provide, disclose or otherwise | |
make available Software in any form to anyone other than Your employees, who | |
shall use Software solely for Your internal business purposes in a manner | |
consistent with this Agreement. You shall be fully responsible to Pivotal for | |
the compliance of Your personnel with this Agreement. If You wish to exercise | |
any rights to reverse engineer to ensure interoperability in accordance with | |
applicable law, You must first provide Pivotal with written notice and all | |
reasonably requested information to legal@pivotal.io within 30 days and | |
permit Pivotal to assess your claim and, at Pivotal's sole discretion, to | |
make an offer to provide alternatives that reduce any adverse impact on | |
Pivotal's intellectual property or other rights. Pivotal does not provide | |
maintenance or support for the Software under this Agreement. | |
2. TITLE TO SOFTWARE. Software is licensed only. No title to, or | |
ownership of, the Software is transferred to You. Pivotal retains all right, | |
title, and interest in and to the Software and in all related copyrights, | |
trade secrets, patents, trademarks, and any other intellectual and industrial | |
property and proprietary rights, including registrations, applications, | |
renewals, and extensions of such rights. | |
3. TERM AND TERMINATION. This Agreement may be terminated at any time by | |
Pivotal or Licensee at its option. Upon expiration or termination of this | |
Agreement, Licensee must remove and destroy all copies of the Software, | |
including all backup copies, from the server, virtual machine, and all | |
computers and terminals on which the Software is installed or used. The | |
provisions regarding title, exclusion of warranty, and limitation of | |
liability will survive termination or expiration of this Agreement. | |
4. NO WARRANTY. PIVOTAL PROVIDES THE SOFTWARE "AS IS" AND MAKES NO | |
EXPRESS WARRANTIES, WRITTEN OR ORAL, AND ALL OTHER WARRANTIES ARE | |
SPECIFICALLY EXCLUDED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF | |
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND | |
ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR | |
PERFORMANCE, OR USAGE OF TRADE. | |
5. LIMITATION OF LIABILITY. IN NO EVENT WILL PIVOTAL BE LIABLE FOR ANY | |
LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, | |
LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL | |
DAMAGES HOWEVER CAUSED AND ARISING UNDER ANY THEORY OF LIABILITY, WHETHER | |
BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR | |
OTHERWISE. PIVOTAL'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS | |
AGREEMENT OR THE PROVISION OR USE OF ANY AND ALL OF THE SOFTWARE AND SERVICES | |
PROVIDED HEREUNDER, WILL NOT, IN ANY EVENT, EXCEED USD$500. THE FOREGOING | |
LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER PIVOTAL OR ITS LICENSORS HAVE | |
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY | |
REMEDY FAILS OF ITS ESSENTIAL PURPOSE. | |
6. MISCELLANEOUS. Licensee shall comply with and obtain all | |
authorizations required by U.S. export control laws and all related | |
regulations. Licensee shall not assign this Agreement or any right or | |
delegate any performance. This Agreement (a) is the complete statement of the | |
agreement of the parties with regard to the subject matter hereof; (b) may be | |
modified only by a writing signed by both parties; (c) is governed by the law | |
of the State of California, excluding its conflict of law rules and The U.N. | |
Convention on Contracts for the International Sale of Goods; and (d) shall | |
control in case of an inconsistent or conflicting term set forth elsewhere. | |
No waiver shall be deemed a waiver of any prior or subsequent default | |
hereunder. If any part of this Agreement is held unenforceable, the validity | |
of the remaining provisions shall not be affected. | |
7. QUESTIONS? If you have any questions about this Agreement, or if you | |
want to contact Pivotal for any reason, please direct all correspondence to: | |
Pivotal Software, Inc., 3495 Deer Creek Road, Palo Alto, CA 94304, United | |
States of America or legal@pivotal.io. | |