Note: This license applies to extensions, related components and software supporting the Apache 2 licensed Digital Rebar project (https://github.com/digitalrebar/digitalrebar/blob/master/LICENSE.md). It does not supersede the Digital Rebar license.
This UX provides a wrapper for the Digital Rebar API (http://rebar.digital). There is no requirement to use the UX to access Digital Rebar functionality. It is possible to take all actions exposed in the UX via the API or CLI.
BY CLICKING ON THE “I AGREE”, “I ACCEPT”, “CLONE” OR SUCH SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE DOWNLOAD FROM THE INTERNET OF THE RACKN ENTERPRISE SOFTWARE PRODUCT (THE "APPLICATION") AND USING THE APPLICATION YOU AGREE TO BE LEGALLY BOUND BY THE INCLUDED LICENSE TERMS AND CONDITIONS.
RACKN® reserves the right to MONITORS USE OF THIS SOFTWARE. REGISTRATION OR PERSONAL INFORMATION IS REQUIRED FOR USE.
All rights not expressly granted hereunder are expressly reserved by RACKN®
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You acknowledge and agree that you are receiving a copy of the Application by license only and not by sale and that the "first sale" doctrine of 17 U.S.C. §109 does not apply to your receipt or use of the Application. You acknowledge that the Application, including all code, content, protocols, software, documentation and all other conceivable intellectual property rights related to and in conjunction with the Application are provided to you by RACKN and are RACKN property or the property of RACKN licensors, and are protected by U.S. and international copyright, trademark, patent and proprietary rights and international treaty provisions and all applicable law, such as the Lanham Act, relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice RACKN has placed on the Application.
RackN and its licensors provide the Application to you and grants you a non- exclusive, nontransferable license to where the Application is to be used at home or business, you may install and use the Application on any computer or computers of the type identified on the website.
RackN reserves the right to add additional features or functions to the existing Application. You acknowledge that RackN may require your review and acceptance of RackN then-current privacy policy and/or end user license agreement before you will be permitted a limited license for any subsequent versions of the Application. You acknowledge and agree that RackN has no obligation to make available to you any subsequent versions of the Application.
It is understood and agreed that while the Application may or may not be “copy protected,” you, as the Licensee, shall not copy the Application into any machine-readable or printed form except for archival or for backup purposes, nor shall you modify the Application and/or merge it into another computer program.
It is further understood that the Application is primarily for evaluation and non-commercial use only. RackN defines "evaluation" use as the using the Application for managing more than any combination of physical and virtual nodes less than or equalling 100 nodes. If RackN learns of usage above this threashold, it will ask the user to engage in a software support agreement. The use of the Application, for purpose of this agreement, includes uses on, or in conjunction with: personal and corporate products, professional services and development work in which revenue is realized. The Application may not be offered for sale, used in conjunction with goods/services being offered for sale, or used in advertising without the express written consent of RackN. Where depiction of images created using the Application occurs not on a Web site and where express consent is granted by RackN in a written agreement separate and distinct in form and purpose from this Limited Use End User License Agreement, the Application may be used at or by a business for commercial purposes in accordance with the separate and distinct express written agreement. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, including, without limitation, copyright works, information, software, products or services.
By accepting this agreement, you agree to: a. not use the Application to disparage RackN, its suppliers, products, partners, services and investors for promotional goods or for products which, in RackN sole judgment, may diminish or otherwise damage RackN goodwill in the Application including but not limited to uses which could be deemed under applicable law to a. not use the Application in any manner that may disparage the Application or impair the validity, scope, title or goodwill of RackN in the Application; b. acknowledge that the Application and any related Trademarks shall not be modified to infringe the copyright, trademark or common law rights of any person or entity, and; d. acknowledge that nothing contained in any material produced by you that incorporates the Application or any related Trademarks will constitute a libel or slander against, or violate or infringe upon any right, common law or otherwise, of any kind or nature whatsoever, of any person or entity, including, without limitation, any right of privacy or publicity.
RackN retains all right, title, and interest in and to the Application, and any rights not granted to you herein are reserved by RackN. You may not reverse engineer, disassemble, decompile, or translate the Application, or otherwise attempt to derive the source code of the Application, except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to RackN and shall be deemed to be the confidential proprietary information of RackN.
This license is effective until terminated. You may terminate it at any time by destroying the Application together with all copies in any form. This license will also terminate upon conditions set forth elsewhere in this agreement or if you fail to comply with any term or condition of this agreement. You agree that upon such termination you will destroy the Application together with all copies in any form.
The following are terms of a legal agreement between you and RackN. By accessing, downloading from the Internet, uploading from any portable media storage device or installing the Application, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export laws and regulations including those which apply to export of data. If you do not agree to these terms, do not use the Application. The material provided in the Application is protected by law, including, but not limited to, United States Copyright Law and international treaties. Those who choose to use the Application do so on their own initiative and are responsible for compliance with applicable laws. Any claim relating to, and the use of, the Application and the materials contained therein is governed by the laws of the State of New York.
You hereby agree to indemnify, defendingnd and hold RackN, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents, contractors, licensors, and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by RackN, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents, contractors, licensors, and representatives arising out of or in connection with the performance of its duties as described in this Agreement including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any RackN transaction and/or by any other person and/or as a result of your taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold RackN, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents, contractors, licensors, and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Application, your violation of the terms and conditions of this Licensing Agreement, or the infringement by you, or other user(s) of the Application using your computer, of any intellectual property or other right of any person or entity.
RACKN, THE MAKER OF THE APPLICATION, MAKES NO WARRANTIES THAT THE IMAGES CONTAINED HEREIN ARE FREE FROM INFRINGEMENT OF COPYRIGHT, OR ANY OTHER FORM OF INTELLECTUAL PROPERTY. THE USER ASSUMES ALL LEGAL RISKS RELATED TO DOWNLOADED/UPLOADED IMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TUBEHEAD AND ITS SUPPLIERS PROVIDE TO YOU THE APPLICATION, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE APPLICATION ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND TUBEHEAD AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE APPLICATION AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, ACCURACY OR COMPLETENESS OF FACTUAL INFORMATION, FITNESS FOR ANY SPECIFIC CURRICULUM OR AGE GROUP, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APPLICATION, COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUBEHEAD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE APPLICATION OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL END USER LICENSE AGREEMENT (EULA), EVEN IF TUBEHEAD OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOT WITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF TUBEHEAD AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE REPLACEMENT OF THE APPLICATION. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
If, for any reason, any part of this Agreement is deemed legally improper, inapplicable or inoperative, the remainder of the parts comprising the entirety of the Agreement shall remain legally proper, applicable and operable. This Agreement grants permission only for the allowances described above and does not grant any additional rights for any copyright(s), trademark(s), patent(s), trade secret(s), or other forms of intellectual property/proprietary rights belonging to RackN Inc., the maker of RackN Enterprise.