Thank you for your interest in Alluxio Community Edition software including the Alluxio Manager software component that assists with the installation and management of Alluxio Community Edition (collectively the “Software”) and Alluxio Enterprise Edition trial software including the Alluxio Manager Software component that assists with the installation and management of Alluxio Enterprise Edition trial (collectively the “Trial”). This End User License Agreement (the “EULA”) is a legal agreement between Alluxio, Inc., a Delaware corporation (“Alluxio”) and the individual, company, or other entity accepting this EULA (“you”).
BY CHECKING THE “I AGREE TO THE TERMS AND CONDITIONS” CHECKBOX AND CLICKING THE DOWNLOAD BUTTON, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA. IF YOU DO NOT AGREE, YOU MAY NOT DOWNLOAD OR USE THE SOFTWARE OR TRIAL.
If you are a corporation or other legal entity, the individual clicking to indicate acceptance of this EULA hereby represents and warrants that they accept this EULA on your behalf and have all legal authority needed to act as your agent for such purpose.
For the purposes of this EULA, the “Evaluation Period” means a period of 30 days from the date that you first download the Trial after accepting this EULA, or such longer period specified by Alluxio in writing.
1.1. Software License.
Subject to your ongoing compliance with all the terms and conditions of this EULA, Alluxio hereby grants you a non-exclusive, non-sublicensable, non- transferrable, worldwide, revocable license to download and use the Software in object code form for your own internal business operations only.
Subject to your ongoing compliance with all the terms and conditions of this EULA, Alluxio hereby grants you a non-exclusive, non-sublicensable, non- transferrable, worldwide, revocable license to download and use AEE in object code form solely internally for your evaluation purposes, but not for general production use.
1.2. License Restrictions.
You will not: (a) copy or use the Software or Trial in any manner except as expressly permitted in this Agreement; (b) reverse engineer, disassemble, or decompile the Software (except to the extent such restrictions are prohibited by law); (c) alter, modify, enhance or prepare any derivative work from or of the Software; (d) alter or remove any proprietary notices in the Software; or (e) export the Software or Trial in violation of U.S. Department of Commerce export administration rules or any other export laws or regulations. If you do not comply with the license terms or the foregoing restrictions, Alluxio may terminate or suspend your license to the Software and/or Trial until you come into compliance with such terms and restrictions.
The Software and Trial is not designed or intended for use in any manner where a software failure could cause injury or death to persons, or substantial damage to property or the environment, including but not limited to use in nuclear or chemical facilities, control or navigation of aircraft or motor vehicles, life support or safety equipment, or weapons systems; and you agree not to use the Software in any such manner.
The Software and Trial may contain disabling codes that prevent use of the Software and Trial outside of the authorized scope and may contain functionality such that that the Software and Trial reports to Alluxio certain general metric information about your use of the Software and Trial.
1.3. Third Party Components and Third Party Software.
The Software and Trial may include third party software components provided under separate license terms (“Third Party Components”), including open source software from the Alluxio Project (www.alluxio.org). Nothing in this EULA limits your rights to obtain and use the Third Party Components under the separate license terms that are applicable to each Third Party Component. However the Software and Trial is made available to you only pursuant to this EULA. In addition, Alluxio may in its sole discretion, make available other third party software (“Third Party Software”) embedded in, or otherwise provided with, the Software and/or Trial. Third Party Software is expressly excluded from the defined term “Software” as used throughout this Agreement. Your use of the Third Party Software is subject to the applicable third party license terms as set forth here, and such Third Party Software is not licensed to you under the terms of this Agreement. If you do not agree to abide by the applicable license terms for the Third Party Software, then you may not access or use the Software or the Third Party Software. You are solely and exclusively responsible for determining if you are permitted to use the
Third Party Software and you should address any questions in this regard directly to the relevant Third Party Software licensor.
1.4. Feedback License.
We appreciate your ideas! If you provide feedback, comments, bug reports, suggestions, feature requests, technical information, or any other information about proposed modifications or improvements to the Software and Trial (“Feedback”) to Alluxio, Alluxio may use such Feedback for any purpose, including to develop and improve its commercial products. Accordingly, you hereby grant Alluxio a perpetual, irrevocable, transferrable, nonexclusive, fully-paid, royalty-free license to use Feedback for any purpose.
1.5. Reservation of Rights.
Other than the licenses expressly granted in this section, neither party grants any licenses to the other party, whether by implication, estoppel, or otherwise.
The Software and Trial are made available to you under this EULA free of charge.
3. NO WARRANTY
THE SOFTWARE AND TRIAL ARE MADE AVAILABLE TO YOU “AS IS”, TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, OR TRADE USAGE. ALLUXIO DOES NOT REPRESENT OR COVENANT THAT THE SOFTWARE WILL OPERATE CORRECTLY, RELIABLY, SECURELY, OR IN ANY PARTICULAR MANNER. ALLUXIO EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NONINFRINGEMENT. THE SOFTWARE MAY CONTAIN DEFECTS, AND ALLUXIO HAS NO OBLIGATION TO REPAIR SUCH DEFECTS OR PROVIDE ANY PRODUCT SUPPORT TO YOU.
4. LIMITATIONS OF LIABILITY
4.1. Limit on Type of Damages
ALLUXIO IS NOT LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ALLUXIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.2. Damage Cap
IN NO EVENT WILL ALLUXIO’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SOFTWARE OR TRIAL OR ANY MATTERS ARISING UNDER THIS EULA EXCEED TEN UNITED STATES DOLLARS.
EACH OF THE LIMITATIONS AND WAIVERS SET FORTH IN SECTIONS 3 AND 4: (i) ARE INTENDED TO ALLOCATE THE RISK BETWEEN YOU AND ALLUXIO, AND BUT FOR THIS ALLOCATION, ALLUXIO WOULD NOT HAVE MADE THE SOFTWARE AND TRIAL AVAILABLE TO YOU FREE OF CHARGE; AND (ii) WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend, and hold harmless Alluxio and its officers, directors, and licensors from and against any and all costs, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (i) your use of the Software or Trial or (ii) your breach of this EULA or your violation of any applicable law or regulation.
6. TERM AND TERMINATION
This EULA will remain in effect until terminated in the case of Software and will remain in effect for the Evaluation Period in the case of Trial unless earlier terminated as provided in this section. You may terminate the EULA at any
time, for any reason or no reason, by ceasing all use of the Software or Trial and deleting all copies in your possession or control. Alluxio may terminate the EULA at any time, for any reason or no reason, upon notice by any method, including without limitation a post to the web page from which you downloaded the Software or Trial or an email message sent to an email address you provided when you downloaded the Software.
The following provisions will survive any termination of this EULA: Sections 1.4, 3, 4, 5, 6.2, and 7.
7. GENERAL PROVISIONS
You may not assign this EULA, including by operation of law, without the prior written consent of Alluxio. Alluxio may assign this EULA without your consent and without notice to you. Any assignment in violation of this section is void.
7.2. Governing Law and Forum
This EULA will be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of laws rules. Any action in connection with this EULA will be brought only in the state or federal courts located in San Mateo County, California, and each party hereby waives any objection to venue or forum in such courts.
7.3. Entire Agreement
This EULA incorporates the entire understanding between the parties regarding the subject matter hereof. No amendment or modification of this EULA will be valid unless made in writing by Alluxio.
If any provision of this EULA is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions shall not be affected thereby, and the illegal, invalid or unenforceable provision will be deemed amended by
modifying the provision to the minimum extent necessary to make it legal, valid, and enforceable while preserving the original intent of the parties.
A waiver by either party of a breach of any provision of this EULA shall not operate, or be construed, as a waiver by that party of any subsequent breach.
7.6. Contacting Alluxio
You may contact Alluxio at email@example.com.