THE FOLLOWING TERMS AND CONDITIONS GOVERN your USE OF THE NON-Production of the Kublr Planform (“Kublr”). BY ELECTRONICALLY ACCEPTING THESE TERMS AND CONDITIONS, YOU (“YOU,” “YOUR”) WILL ENTER INTO AN AGREEMENT (“AGREEMENT”) WITH KUBLR LLC (“WE,” “US, “OUR”) UNDER THE TERMS AND CONDITIONS BELOW. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, “YOU” AND “YOUR” REFERS TO THAT COMPANY.
We grant you a non-exclusive, non-transferable license, subject to the terms and conditions of this Agreement and in accordance with applicable law, to (a) install Kublr on workstations under your control in locations permitted by law; and (b) use Kublr in support of your internal business operations. “Use” means to (i) grant users access to Kublr; and (ii) enable Kublr to manage Kubernetes Clusters only in a non-production environment. Prior to enabling Kublr to manage Kubernetes Clusters in a production environment, please contact your Kublr sales representative. We will provide you basic email support for Kublr, and we will deliver Kublr to you by making it available to you via an electronic download.
Unless otherwise agreed, the use of Kublr is for evaluation purposes and non-commercial use only. You may not 1) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained using Kublr; 2) disclose results of any benchmarking tests of Kublr without our prior consent; 3) use Kublr in a manner that competes with Kublr LLC; 4) reverse engineer or attempt to ascertain the source code of Kublr; 5) use Kublr for any purpose prohibited by law or 6) remove or obscure any patent, copyright, trademark, proprietary rights notices, and/or legends contained in or affixed to Kublr
Except as provided in this section, you may continue to Use Kublr for as long as you wish. However, we may terminate your use of Kublr upon written notice to you if you breach a material provision of this Agreement and fail to cure the breach within thirty (30) days following such notice. When this Agreement terminates, the license granted in this section will terminate and you must uninstall and cease use of Kublr. You may also terminate your use of Kublr at any time.
KUBLR IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. WE DO NOT GUARANTEE THAT KUBLR WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE OR WILL BE AVAILABLE AT ALL TIMES. THE ENTIRE RISK ASSOCIATED WITH USING KUBLR IS WITH YOU. YOUR SOLE REMEDY FOR A BREACH OF THIS SECTION WILL BE TO REQUEST TECHNICAL SUPPORT.
IN NO EVENT SHALL KUBLR LLC OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO CLAIMS UNDER THIS TOU OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF KUBLR OR RECEIPT OF TECHNICAL SUPPORT.
This agreement may not be assigned or otherwise transferred in whole or in part by you, including by operation of law, without our prior written approval.
Each party will treat the other party’s confidential information with the same care as it treats its own confidential information and, upon termination of this agreement, will return to the other party any of its confidential information under its control. This agreement will be governed by the laws of the District of Columbia, without regard to its conflicts of laws principles. The parties agree to submit to the exclusive jurisdiction of, and agree that venue is only proper in courts with jurisdiction over the District of Columbia in any legal action or proceeding relating to this agreement and further waive any right to a jury trial in any such proceeding. No joint venture, partnership, employment or agency relationship exists between you and us as a result of this agreement or your use of Kublr. These terms represent the complete agreement between us related to your use of Kublr.