End User License Agreement (EULA) — Anaconda Enterprise 4.4 documentation

Anaconda Enterprise: Documentation

# End User License Agreement (EULA)

Anaconda Enterprise Test Drive End User License Agreement (“Agreement”) is a binding legal agreement between you (“you” or “Licensee”) and Continuum Analytics, Inc. (dba Anaconda, Inc.) (“Continuum”) and governs Licensee’s access and use of the Evaluation Software (defined below).

BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING THE EVALUATION SOFTWARE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE USING THE EVALUATION SOFTWARE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, THEN YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT; AND (ii) AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE EVALUATION SOFTWARE.

1. EVALUATION LICENSE. Subject to Licensee’s compliance with the terms and conditions of this Agreement, Continuum grants to Licensee a limited, nonexclusive, and revocable license to install and use one copy of the software Continuum provides to Licensee in connection with this Agreement (the “Evaluation Software”) during the Evaluation Term (defined below) in object-code form only, solely for the purpose of allowing Licensee to perform internal testing and evaluation of the Evaluation Software. Any replacements, additions, or modifications to the Evaluation Software provided to Licensee are included within the term “Evaluation Software” and are subject to the terms of this Agreement. Licensee will provide, at its own expense, all equipment and third party software necessary to evaluate the Evaluation Software.
2. EVALUATION TERM. This Agreement will begin on the date the Evaluation Software is first made available by Continuum to Licensee for download and will continue for a period of Sixty (60) days (“Evaluation Term”), after which, this Agreement will automatically terminate. Either party may terminate this Agreement at any time with notice, including if the other party materially breaches any provision of this Agreement. Upon the expiration or termination of this Agreement the license granted in Section 1 will immediately terminate; and Licensee will uninstall and delete the Evaluation Software. Sections 2 and 3 - 8 will survive termination or expiration of this Agreement.
3. RESTRICTIONS. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, Licensee will not, and will not permit, encourage, or authorize third parties to: (a) modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or copy any portion of the Evaluation Software; (b) circumvent or disable any security or other technological features of the Evaluation Software; (c) distribute, publicly display, publicly perform, or make the Evaluation Software available to any third parties; nor (d) exceed any limitations described any documentation relating to the Evaluation Software or otherwise communicated to Licensee by Continuum.
4. OWNERSHIP. Continuum owns all right, title, and interest, including all intellectual property rights, in and to the Evaluation Software, including any improvements, modifications, and enhancements to the Evaluation Software. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to Licensee.
5. FEEDBACK. Licensee has no obligation to provide Continuum any suggestions, comments or other feedback regarding the Evaluation Software (“Feedback”). If Licensee nonetheless provides Feedback to Continuum on any version or part of the Evaluation Software, Licensee hereby assigns to Continuum all right, title, and interest in and to the Feedback.
6. WARRANTY DISCLAIMER. THE EVALUATION SYSTEM IS PROVIDED “AS IS” FOR LIMITED EVALUATION AND TESTING ONLY, AND CONTINUUM DOES NOT WARRANT THAT THE EVALUATION SYSTEM WILL OPERATE WITHOUT ERROR OR INTERRUPTION. CONTINUUM SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. CONTINUUM EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. CONTINUUM DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE EVALUATION SOFTWARE. CONTINUUM DOES NOT WARRANT THAT THE EVALUATION SOFTWARE IS ERROR-FREE OR THAT OPERATION OF THE EVALUATION SOFTWARE WILL BE SECURE OR UNINTERRUPTED. CONTINUUM DOES NOT WARRANT THAT ANY INFORMATION PROVIDED THROUGH THE EVALUATION SOFTWARE IS ACCURATE OR COMPLETE OR THAT ANY INFORMATION PROVIDED THROUGH THE EVALUATION SOFTWARE WILL ALWAYS BE AVAILABLE. CONTINUUM EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING OUT OF OR BASED UPON THE RESULTS OF SUBSCRIBER’S USE OF THE EVALUATION SOFTWARE.
7. LIMITATION OF LIABILITY. CONTINUUM WILL NOT BE LIABLE TO PARTICIPANT OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF CONTINUUM HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. UNDER NO CIRCUMSTANCES WILL CONTINUUM’S TOTAL LIABILITY OF ANY OR ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $100. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
8. MISCELLANEOUS. This Agreement will be governed by the laws of the State of Texas without reference to conflict of law principles. All disputes arising out of or related to this Agreement, will be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Licensee warrants that it will comply with all laws in connection with its performance of this Agreement, including applicable export laws. Licensee will not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Continuum. Any assignment in violation of this Agreement is void. This Agreement binds and inures to the benefit of the parties and their successors and permitted assigns. This is the entire agreement between the parties relating to the subject matter hereof. No waiver or modification of this Agreement will be valid unless in writing signed by each party. If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect. The terms of a purchase order or any other document that conflicts with, or in any way purports to amend, any of the terms of this Agreement are hereby specifically objected to and will be of no force or effect.