antMan, the antlet manager for your antsle®
End User License Agreement (EULA)
Preamble: This Agreement, signed on August 13, 2018 (hereinafter: Effective Date) governs the relationship between You, a person or Business Entity, (hereinafter: Licensee) and antsle, Inc., a duly registered company in whose principal place of business is 600 B St, Suite 300, San Diego, CA 92101 (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using antMan, the antlet manager for your antsle® (hereinafter: The Software) created and owned by Licensor, as detailed herein.
License Grant: Licensor hereby grants Licensee a personal, non-assignable, non-sublicensable and non-transferable, perpetual, commercial, royalty-free, non-exclusive license to use the antMan software in the version that came with the purchase of the antsle private cloud server, not including the rights to create nor distribute derivative works, all in accordance with the terms and other legal restrictions set forth in 3rd party software used while running Software.
Limited: Licensee may use Software only if Licensee has has bought and paid in full at least one antsle private cloud server from Licensor. Licensee may run Software only on such antsle private cloud servers bought from Licensor and paid in full.
Perpetual: This license is granted perpetually, as long as you do not materially breach it.
No sublicensing: Licensee is prohibited to sublicense Software as a part of a larger work.
Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license. Software may only be executed on original antsle one or antsle one Pro hardware, purchased directly or indirectly from antsle, Inc. Limited to one copy of antMan per unit of antsle hardware. Transfer, resale, or sublicensing (directly or over a computer network) strictly prohibited.
Commercial, Royalty-Free: Licensee may use Software for any purpose, however excluding paid services for running or accessing Software, without any royalties.
Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee:
- became insolvent or otherwise entered into any liquidation process; or
- exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
- Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
- Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
Upgrades: For the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0. Offers to purchase upgrades at reduced prices might be offered by Licensor at reduced prices.
Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.
Support: Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.
Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s].
Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected the Software.
No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
Governing Law, Jurisdiction: This agreement is covered by the law of the US state of California. Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
Responsibility: Licensee is solely responsible for the preservation of Licensee's data which it saves onto its virtual server(s) (the "Data"). EVEN WITH RESPECT TO DATA AS TO WHICH LICENSEE CONTRACTS FOR BACKUP SERVICES PROVIDED BY ANTSLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANTSLE SHALL HAVE NO RESPONSIBILITY TO PRESERVE DATA. ANTSLE SHALL HAVE NO LIABILITY FOR ANY DATA THAT MAY BE LOST, OR UNRECOVERABLE, BY REASON OF LICENSEE'S FAILURE TO BACKUP DATA OR FOR ANY OTHER REASON.
Encryption: Backups are encrypted when in transit with https and at rest. All data in the service will be encrypted on the server side. We or our third party storage providers utiliize key management and key protection and use one of the strongest block ciphers available, 256-bit Advanced Encryption Standard (AES-256). 256-bit is the largest key size defined for AES. Any Licensee wishing to manage their own keys can encrypt data prior to uploading it.
Beta Services: Antsle may offer "beta" versions or features of the Services (each, a "Beta Service"). Antsle will determine, at its sole discretion, the availability, duration (the "Trial Period"), features, and components of each Beta Service. For avoidance of doubt, any Beta Service is a form of the Services and the provision and use of any Beta Service is subject to the entirety of this Agreement.
ANY BETA SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ANTSLE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY BETA SERVICE. Notwithstanding anything to the contrary in this Agreement, in no event will antsle be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. If Antsle permits you to use a Beta Service, you agree to provide Antsle with Feedback and respond to Antsle's questions or other inquiries regarding your use of the Beta Service, if requested and as applicable. If Antsle permits you to use a Beta Service, you specifically agree, in addition to the requirements set forth in Section 3 of this Agreement, to not: (i) use the Beta Service for benchmarking or performance testing or publicly disseminate performance information or analysis from any source relating to the Service; (ii) modify or create derivative works of the Beta Service or remove any product identification, proprietary, copyright or other notices contained in the Beta Service; or (iii) allow any other individual to access or use the Beta Service. Antsle at its sole discretion shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time. Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Services, and you agree to return or destroy all copies of documentation and confidential information related to the Beta Service. Any production candidate or non-production version of the Services will be considered a Beta Service.
Analytics: To provide improved services on Antsle products, antsle may collect, use, and share anonymous data based on Licensee's usage of The Software. This data is collected anonymously in a form that does not personally identify the Licensee and is used by Antsle for the purposes of, but not limited to, improving products and services.