Effective Date: 01.01.2023
This End-User License Agreement (“Agreement”) is a legal agreement between you (“User”) and Solve DevOps Pty Ltd (“Licensor”) regarding the use of open-source cloud images provided by Licensor (“Software”). By using the Software, you agree to be bound by the terms of this Agreement. If you do not agree, do not use the Software.
1. Definitions
1.1 “Software” refers to the open-source cloud images provided by Licensor, including all associated files, patches, updates, and documentation.
1.2 “Licensor” refers to You – Our Client.
1.3 “User” refers to the individual or entity downloading, using, or accessing the Software.
2. Grant of License
2.1 License Type: Licensor grants User a non-exclusive, non-transferable, revocable license to use the Software in accordance with this Agreement and the applicable open-source license(s) governing its components.
2.2 Open-Source Compliance: This Software includes components governed by open-source licenses. Users must comply with the terms of those licenses, which are incorporated herein by reference.
3. Permitted Use and Restrictions
3.1 Permitted Use: The Software is intended for lawful purposes, including development, testing, and production environments.
3.2 Prohibited Activities: User shall not:
- Use the Software for unlawful purposes.
- Modify, distribute, or reverse-engineer the Software except as permitted by the governing open-source licenses.
- Misuse Licensor’s trademarks or branding.
3.3 Redistribution: Redistribution of the Software must adhere to the terms of the applicable open-source licenses.
4. Ownership and Intellectual Property Rights
4.1 All intellectual property rights in the Software remain the property of their respective owners. Licensor retains all rights not expressly granted to the User.
4.2 User acknowledges that third-party open-source software components are governed by their respective licenses.
5. Warranty Disclaimer and Limitation of Liability
5.1 No Warranty: The Software is provided “as is” without any warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
5.2 Limitation of Liability: Licensor shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of the Software.
6. Support and Maintenance
6.1 Licensor may provide support for the Software at its discretion but is not obligated to do so.
6.2 Updates and patches will be provided as necessary and subject to availability.
7. Data Collection and Privacy
7.1 The Software does not collect any personal or usage data unless explicitly disclosed.
7.2 Users are responsible for complying with applicable data protection laws when using the Software.
8. Termination
8.1 This Agreement is effective until terminated by either party.
8.2 Licensor may terminate this Agreement immediately if the User violates any terms of this Agreement or the applicable open-source licenses.
8.3 Upon termination, the User must cease all use of the Software and delete all copies.
9. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Australia. Any disputes shall be resolved exclusively in the courts of Australia.
10. Open-Source Components
10.1 A list of open-source components and their respective licenses is included in the Software documentation.
10.2 Users are encouraged to review and comply with the terms of these licenses.
11. Contact Information
For questions or support regarding this Agreement or the Software, please contact us at:
Solve DevOps Pty Ltd
supprt@solvedevops.com
By using the Software, you acknowledge that you have read, understood, and agreed to this EULA.