Appistry CloudIQ Platform Community Edition Downloads

License Agreement

Thanks for your interest in Appistry CloudIQ Platform Community Edition. Software downloaded from this site may be used only in accordance with the Appistry CloudIQ Community Edition License Agreement. Please review the license agreement and indicate your acceptance by checking the box below.

END-USER LICENSE AGREEMENT FOR

APPISTRY CLOUDIQ PLATFORM COMMUNITY EDITION

IMPORTANT . PLEASE READ CAREFULLY BEFORE YOU DOWNLOAD OR USE THIS SOFTWARE.

THIS END-USER LICENSE AGREEMENT ("AGREEMENT") IS A BINDING AGREEMENT BETWEEN APPISTRY, INC. ("APPISTRY") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU"). THIS AGREEMENT INCORPORATES BY REFERENCE THE TERMS OF USE ("TERMS OF USE") POSTED ON WWW.APPISTRY.COM, AS THEY MAY BE MODIFIED BY APPISTRY FROM TIME TO TIME.

BY CLICKING THE "ACCEPT" BUTTON FOR THIS AGREEMENT OR BY DOWNLOADING, INSTALLING, COPYING, EXECUTING OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT THE "DECLINE" BUTTON AND YOU MAY NOT USE THE SOFTWARE.

1. Definitions

1.1 "Software" means the software made available to You to download from Appistry.com, including, but not limited to, any related components provided with the Software, application programming interfaces, license keys, tools, samples, associated media, printed materials, online or electronic documentation, and any updates and maintenance releases thereto.

1.2 "Fabric" means one or more installations of the Software on networked Servers configured by address to operate as a single application fabric.

1.3  "Server" means a single physical computer owned, leased, or otherwise controlled by You, meeting the specifications as set forth in the Software documentation, containing one or more Physical Processors.

1.4 "Physical Processor" means a single, physical CPU that houses one or more processor cores.

1.5 "Virtual Processor" means a Physical Processor (or portion thereof) that is allocated to a virtual machine in which the Software is installed or that otherwise implements the Software.

1.6 "Processor" means a Physical Processor or Virtual Processor.

2. License Grant and Use Rights

2.1 License Grant. During the term of this Agreement, subject to Your full compliance with all of the terms and conditions of this Agreement, Appistry hereby grants You a non-exclusive, non-transferable, non-sublicensable, royalty-free license to use the Software only as expressly and unambiguously authorized in this Agreement.

2.2 Number of Processors Licensed. This Agreement entitles You to use the Software on up to, in the aggregate, five (5) Servers or up to ten (10) processor cores. (In the case of deployments of three (3) Servers or fewer, you are entitled to use the Software on an unlimited number of processor cores.) The Software many not be used in any manner that permits the aggregation or combination of multiple Fabric instances.

2.3 Network Distribution. For purposes of this Agreement, "use" of the Software means loading the Software into the temporary or permanent memory of a Server. Installation of the Software as an image on a Server solely for distribution to other Servers is not "use" of the Software, and is permitted, provided You ensure that the Software is otherwise used in accordance with the terms and conditions of this Agreement.

2.4 Appropriate Use. You may deploy the Software on either a non-production (i.e., for development, test and/or training purposes) or production basis.

3. Limitations

The Software is licensed, not sold. This Agreement only gives You the rights to use the Software that are expressly and unambiguously set forth in this Agreement; Appistry reserves all other rights. Except as expressly provided in this Agreement, You may not:  (i) reproduce, distribute, publicly display, modify, adapt, translate, rent, lease, loan, or resell the Software; (ii) reverse engineer, decompile, or disassemble the Software, except and only to the extent that this restriction is expressly prohibited by applicable law; (iii) merge the Software with another product; (iv) remove or obscure any proprietary rights notices or labels on the Software; (vi) disclose the results of any performance or benchmark tests ran on the Software without the prior review and written consent of Appistry; (vi) transfer or otherwise make available the Software (including, but not limited to hosting the Software for the benefit of a third party) to any person other than Your own employees, agents and contractors; or (vii) permit anyone else to do any of the foregoing.

4. No Support Included

Appistry will not provide any support services of any kind under this Agreement. This Agreement does not grant You rights to any improvements, modifications, enhancements or updates to the Software. Support services, including updates or upgrades to the Software, are not available under this Agreement, and may only be available to paid subscribers of Appistry CloudIQ Platform pursuant to a separate written agreement.

5. Title

As between the parties, Appistry retains all right, title, and interest in and to the Software and 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.

6. Submissions

Appistry may use any technical or product-related information You provide Appistry for any purposes, including without limitation, for product support and development. Appistry will not use Your information in a form that personally identifies You.

7. Termination

The license granted to You will terminate immediately upon Your failure to comply with any provision of this Agreement.  Upon such termination, You must destroy the Software, including all documentation. Sections 3, 5, 6, 8 and 9 will survive any termination.

8. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

8.1 Warranty Disclaimer. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFINFRINGEMENT. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.  YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE.  NEITHER APPISTRY NOR ITS LICENSORS WARRANTS THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE LICENSED HEREUNDER.  THE WARRANTIES MADE HEREIN ARE MADE ONLY TO THE ORIGINAL END USER OF THE SOFTWARE AND SUCH WARRANTIES MAY NOT BE ASSIGNED OR TRANSFERRED.

8.2 Limitation of Liability.  IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL APPISTRY OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF APPISTRY OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL APPISTRY OR ITS LICENSORS BE LIABLE FOR DAMAGES FOR THIS LICENSE.  FURTHER, IN NO EVENT SHALL APPISTRY OR ITS LICENSORS BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH RESTORING YOUR COMPUTER TO ITS ORIGINAL STATE PRIOR TO THE INSTALLATION OF THE SOFTWARE.  THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. General

9.1 Entire Agreement.  Unless YOU and Appistry have separately executed and delivered a written agreement with respect to the subject matter hereof (which agreement shall take precedence over this Agreement), this Agreement, together with the Terms of Use, constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior and contemporaneous communications, representations, and agreements. This Agreement shall prevail with respect to any conflict between the Terms of Use and this Agreement.

9.2 Headings. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

9.3 Waiver and Modification. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights. This Agreement may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.

9.4 Severability. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.

9.5 Governing Law. This Agreement shall be construed under the laws of the State of Missouri, USA, excluding its rules regarding conflicts of law.  In addition, the application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You submit to the personal jurisdiction of and agree to bring any action in connection with this Agreement exclusively within the United States District Court for the Eastern District of Missouri, Eastern Division, or the Circuit Court for St. Louis County, Missouri, U.S.A. You waive any right to remove or transfer any such action from such courts and consent to, and waive any objection to, the removal or transfer of any such action to such courts.

9.6 Export Controls.  The Software or underlying information or technology may not be exported or re-exported (i) into (or to a national or resident of) of any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.  By Your acceptance of the Software as indicated above, You agree to the foregoing and that You are not located in, under the control of, or a national or resident of any such country or on any such list.

9.7 United States Government Use. The Software, including its documentation was developed at private expense and no part of same is in the public domain.  The Software is Commercial Computer Software provided with RESTRICTED RIGHTS under the Federal Acquisition Regulations and agency supplements to them.  Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013 et. seq. or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at DFARS 52.227-19, as applicable. Contractor is Appistry, Inc., 10845 Olive Blvd., Suite 260, St. Louis, MO 63141, United States of America.

9.8 Trademarks. Appistry and the Appistry logo are trademarks and/or registered trademarks of Appistry, Inc. in the United States and/or various jurisdictions, and may not be used without express written permission.

9.9 Assignment.  You may not assign or transfer this Agreement, or any of the rights or licenses granted to You hereunder, without the express prior written consent of Appistry, given in its sole discretion.  Appistry may freely assign, transfer and delegate this Agreement and all or any of its rights or obligations hereunder.

9.10 Contact Information. If You have any questions about this Agreement, or if You want to contact Appistry for any reason, please direct all correspondence to: Appistry, Inc., 10845 Olive Blvd., Suite 260, St. Louis, MO 63141, United States of America or email us at info@appistry.com.
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