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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.