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| LICENSE AGREEMENT | | Print | |
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IMPORTANT-READ CAREFULLY: BY INSTALLING, COPYING OR OTHERWISE USING THIS openQRM Provision SOFTWARE (“SOFTWARE”) AND ANY ASSOCIATED MEDIA, PRINTED OR ELECTRONIC USER MANUALS OR GUIDES OR INSTRUCTIONS REGARDING USE OF THE SOFTWARE (THE “DOCUMENTATION”), YOU (ON BEHALF OF YOURSELF OR AS AN AUTHORIZED REPRESENTATIVE ON BEHALF OF AN ENTITY) AGREE TO ALL THE TERMS OF THIS END USER LICENSE AGREEMENT (THE “LICENSE”) REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
2. License Restrictions. This License does not permit you or any third party to: (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or otherwise attempt to discover the source code of all or any portion of the Software; (ii) modify, translate or create derivative works of all or any portion of the Software; (iii) copy the Software (other than a single copy solely for back-up or archival purposes); (iv) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the Software; or (v) remove any proprietary markings, copyright, notices, logos, trademarks, trade names or labels on the Software and/or Documentation. Except as expressly set forth in Section 1, no licenses of any kind are granted hereunder, whether by implication, estoppel or otherwise. 3. Acceptance of Software. The Software shall be deemed accepted by you upon your installation. 4. Disclaimer of Warranty. NEITHER COMPANY NOR ITS LICENSORS MAKE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. ALL IMPLIED WARRANTIES AS TO THE SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NEITHER COMPANY NOR ITS LICENSORS WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT ITS USE WILL BE UNINTERRUPTED. 5. Limitation Of Liability.
6. Confidentiality. You will treat as confidential all information that is disclosed to you by Company in connection with this License that is conveyed that a reasonable person knows or should know is considered confidential or proprietary (“Confidential Information”). You agree not to use Company’s Confidential Information for any purpose other than that set forth in this License. You will not disclose Company’s Confidential Information to any third parties. You will only disclose Confidential Information to those employees who have a need to know such Confidential Information and who are bound to retain the confidentiality under agreements which include provisions similar to this License. All Confidential Information will remain the sole property of Company and you will use the same degree of care to avoid disclosure or use of the Confidential Information as you use in respect of your own information of like importance, but in no case less than a reasonable degree of care. Notwithstanding the above, information will not be deemed confidential if it: (i) is or becomes generally known to the public through no unlawful act of the receiving party; (ii) was known to you at the time of disclosure; (iii) is disclosed with the prior written approval of Company; (iv) was independently developed by you without any use of the Confidential Information of Company; or (v) becomes known to you from a source other than Company without breach of this License and otherwise not in violation of Company’s rights. In the event you are required to disclose Company’s Confidential Information pursuant to a judicial or governmental order, you will promptly notify Company to allow intervention in response to such order. 7. Term and Termination. This License is effective as of the date you install the Software and will continue for 30 days thereafter. You may terminate this License at any time by destroying all copies of the Software and Documentation. This License will terminate immediately without notice from Company if you fail to comply with any provision of this License. Upon termination, you must destroy all copies of Software and Documentation. Except for Section 1 (“License”), all Sections of this License shall survive termination. 8. Intellectual Property Rights. All rights, title and interest, in and to intellectual property embodied in the Software and/or Documentation and any improved, updated, modified or additional parts thereof, shall at all times remain the property of Company or its licensors. Nothing herein shall give or be deemed to give you any right, title or interest in or to the same except as expressly provided in this License. Company reserves all rights not expressly granted in this License. 9. U.S. Government End Users. The Software under this License is "commercial computer software" as that term is described in DFAR 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms and this License as specified in 48C.F.R. 12.212 (Computer Software) and 12.11 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License as specified in 48C.F.R. 227.7202 of the DOD FAR Supplement and its successors. 10. General. The parties acknowledge and agree that the Software and technology subject to this License are subject to the export control laws and regulations of the United States, including but not limited to the Export Administration Regulations (“EAR”), and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Controls. The parties will comply with these laws and regulations. The parties shall not without prior U.S. government authorization, export, re-export, or transfer any goods, software, or technology subject to this License, either directly or indirectly, to any country subject to a U.S. trade embargo (currently Cuba, Iran, North Korea, Sudan, and Syria) or to any resident or national of any such country, or to any person or entity listed on the “Entity List” or “Denied Persons List” maintained by the U.S. Department of Commerce or the list of “Specifically Designated Nationals and Blocked Persons" maintained by the U.S. Department of Treasury. You may not assign your rights or delegate your obligations under this License, without the prior written consent of Company, except to the surviving entity in a merger or consolidation of you or to a purchaser of all or substantially all of your assets and such surviving entity or purchaser expressly assumes this License in writing. This License will be governed by and construed in accordance with the laws of the State of California and the federal U.S. laws applicable therein, excluding its choice of law provisions, and you and Company agree to submit to the personal and exclusive jurisdiction of the courts located in California. The parties agree the United Nations Convention on Contracts for the International Sale of Goods will not apply to this License. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Notices must be in English, in writing, and will be deemed given when delivered by hand or five (5) days after being sent using a method that provides for positive confirmation of delivery to the respective addresses; provided that any notice from you to Company includes a copy sent to: Qlusters, Inc., Attention: Yael Gila, 1841 Page Mill Rd. Suite G-2, Palo Alto, California 94304; Facsimile: (650) 812-3202. If any provision of this License is found void and unenforceable, it will be replaced to the extent possible with a provision that comes closest to the meaning of the original provision. This License, and the documents referenced in this License, constitutes the entire agreement between you and Company relating to its subject matter and all terms herein and supersedes all prior or contemporaneous agreements or understandings. Comments (2)
joel sweatte
said:
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After 30 days does the software stop working, do you download it again...I am not sure what this means. I thought the program was open source but this appears for all intents and purposes to be a 'trial'. ? License. Subject to the terms and conditions of this License, Qlusters, Inc. (“Company”) grants to you a personal, non-transferable, non-exclusive, limited, 30-day license to use the Software |
John L. Harleman
said:
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openQRM is a complete open source systems management platform. It has been built to be easily extended and there are a number of open source and community plugins including Xen, Nagios, and Solaris as well as many others. Qlusters also offers enterprise plugins, which must be separately licensed (just as Satelitte Server is with RHEL), and are included with its support package. These include VMware, power management, HA for the openQRM server itself, and the provisioning portal. These may be evaluated on a 30 day trial bases, but there is no enforcement mechanism for after that period. If you would like an extension to the trial, please send an email to
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describing your request and it will be promptly answered. All open source plugins are freely available in their entirity on source forge. |
