26. November 2019
THIS LICENSE IS NOT APPLICABLE TO CORPORATIONS, GOVERNMENTAL ORGANIZATIONS, OTHER LEGAL ENTITIES, OR PERSONS INTENDING TO USE THE SOFTWARE FOR COMMERCIAL PURPOSES. IF YOU REPRESENT A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, OR YOU INTEND TO USE THE SOFTWARE FOR COMMERCIAL PURPOSES, YOU MUST CONTACT OCTAVO LABS DIRECTLY TO OBTAIN A COMMERCIAL LICENSE FOR THIS SOFTWARE. PLEASE VISIT https://vernemq.com/eula-inquiry/ TO INQUIRE.
This Software End User License Agreement (this “Agreement“), is a binding agreement between Octavo Labs AG. (“Octavo Labs“) and You (as defined below).
LICENSOR PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT YOU ACCEPT THEM. TO USE THE SOFTWARE YOU MUST (A) ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE.
For purposes of this Agreement, the following terms have the following meanings:
Octavo Labs hereby grants to You a non-exclusive, non-transferable, limited license during the Term to use the Software solely as set forth in this Section 1 and subject to the terms of Section 3. Octavo Labs hereby grants You the non-exclusive, non-transferable, non-sublicensable, royalty free right to:
The Software includes software, content, data, or other materials, including related documentation, that are owned by Persons other than Octavo Labs and that are provided to You on license terms that are in addition to and/or different from those contained in this Agreement (“Third-Party Licenses“). A list of all materials included in the Software and provided under Third-Party Licenses can be found at https://vernemq.com/3rd-party-licenses. You must comply with all Third-Party Licenses.
You must not, directly or indirectly: (a) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof; (b) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof; (c) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software, including any copy thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software, or any features or functionality of the Software, to any Third Party for any reason; (e) use the Software in violation of any law, regulation, or rule; or (f) use the Software for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to the Octavo Labs’s commercial disadvantage.
You hereby consent to Octavo Labs receiving data and information directly from the Software for the sole purpose of obtaining information regarding Your use of the Software (e.g., when You install an update or upgrade), as well as any Software bugs, errors, and other similar technical support issues. Octavo Labs will only use such data and information (“Software Usage and Technical Support Data”) for Octavo Labs’s own business purposes, including but not limited to the purposes of (i) gathering information about how You use the Software, which may be combined with information about how others use the Software, in order to help Octavo Labs better understand trends and Your needs in order to better consider new features, and (ii) improving the Software and Your use experience. Octavo Labs will use Software Usage and Technical Support Data solely in aggregate, anonymized form.
You acknowledge that the Software is provided under license, and not sold, to You. Octavo Labs reserves all right, title, and interest in and to the Software and all Intellectual Property Rights in or to Software, except as expressly granted to You in this Agreement. Some portions of the Software may be separately available as source code from Octavo Labs under open source software licenses. Nothing in this Agreement affects any rights you may have separately under such licenses.
This Agreement and the license granted hereunder shall remain in effect until terminated as set forth herein (the “Term“). You may terminate this Agreement by ceasing to use and destroying all copies of the Software. Octavo Labs may terminate this Agreement for convenience. If You institute any litigation against Octavo Labs (including a cross-claim or counterclaim in a lawsuit) then the licenses granted to You under this Agreement shall terminate automatically as of the date such litigation is filed. Upon termination of this Agreement, the license granted hereunder shall also terminate, and You shall cease using and destroy all copies of the Software.
THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OCTAVO LABS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, OCTAVO LABS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: IN NO EVENT WILL OCTAVO LABS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT OCTAVO LABS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE.
The Software may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.
All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with Swiss law without giving effect to any conflict of law provision. Any legal action arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the canton of Zurich. This Agreement constitutes the sole and entire agreement between You and Octavo Labs with respect to the subject matter contained herein. If any provision of this Agreement is determined by a court of law to be unenforceable, this Agreement and the license granted herein will terminate automatically.
This work, "VerneMQ EULA", is a derivative of the Chef EULA by Chef.io, used under Apache 2.0 License. "VerneMQ EULA" is licensed under Apache 2.0 License by Octavo Labs AG.