OPENRESTY® EVALUATION AGREEMENT
This Evaluation Agreement ("Agreement") is entered into and effective as of(the "Effective Date") by and between
OpenResty Inc., a Delaware corporation, having its principal place of business at 533 Airport Blvd Suite No.419, Burlingame, CA 94010 USA ("OpenResty"); and
Product Name: OpenResty Edge™ Number of Edge Nodes: 12 Evaluation Period: 30 days
OpenResty® shall provide Customer with a copy of the OpenResty® software listed above, as further described in Exhibit A (the “Product”). Beginning on the Effective Date and continuing for the Evaluation Period stated above, Customer may install and use the OpenResty Edge™ Node portion of the Product on the number of edge node devices stated above, and access and use an administrative panel for the Product hosted by OpenResty® (the “Service”) using an access code provided by OpenResty, in each case solely for Customer’s internal, non-production, evaluation purposes. At the end of the Evaluation Period, Customer shall either enter into a written agreement with OpenResty® to license the Product on a commercial basis or return or destroy, at OpenResty’s option, all copies of the Product, accompanying documentation, and all other materials provided by OpenResty® relating to the Product. The Product may be distributed with various third party software that is licensed directly by those authors under the terms of various open source licenses, as further detailed in Exhibit B, and nothing in this Agreement is intended to limit any rights you may have under the applicable license.
2. Rights and Restrictions.
OpenResty® and its suppliers retain all rights, title, and interest, including all intellectual property rights, in and to the Product and the Service. Customer will keep confidential and not disclose or distribute to any third party the Product, any access credentials for the Service, or any other information related to the Product or the Service, without the prior written consent of OpenResty. Customer will reasonably safeguard Customer’s access credentials for the Service and all copies of the Product against disclosure and against use by Customer personnel who do not have a need to use the Product for the purpose of evaluation by Customer. Except and solely to the extent such restrictions are impermissible pursuant to applicable law or third party license, Customer agrees that it will not use the Product in a production environment, and will not (a) modify, translate, reverse engineer, decompile, or disassemble the Product; (b) permit any third party to access the Service or attempt to gain unauthorized access to the Service or any other account on the Service; or (c) otherwise attempt to (i) defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Product or Service, including without limitation any such mechanism used to restrict or control the functionality of the Product or Service, or (ii) derive the source code or the underlying ideas, algorithms, structure or organization from the Product or Service.
3. Feedback and Data Use.
4. Disclaimers and Limitations of Liability.
Because the Product and Service are provided solely for Customer’s internal use and evaluation, THE PRODUCT AND SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND OpenResty® EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE. NEITHER OpenResty® NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES RELATING TO THE PRODUCT OR THE SERVICE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).
5. Governing Law; Dispute Resolution.
This Agreement will be governed by California law, without reference to conflict of laws principles. All disputes arising out of or in connection with this Agreement will be settled by binding arbitration in Santa Clara County, California under the rules of arbitration of the American Arbitration Association. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing arbitration provision, OpenResty® may apply to any court of competent jurisdiction for injunctive relief.
This Agreement may not be assigned or transferred, by operation of law or otherwise, without OpenResty’s consent. This Agreement is the entire agreement with respect to the subject matter hereof and may only be modified by a writing signed by both Customer and OpenResty.
7. Third-Party IP Geolocation Database.
The evaluation version of the product ships with the paid version ofipip.net’s IP geolocation database files, under license from ipip.net. This database files are at least 3 months old and may only be used with the evaluation version of OpenResty Edge™, during the term of, and under the same terms as, this agreement. Ipip.net retains all the rights, title, and interest, including all intellectual property rights, in the IP geolocation database files. If Customer purchases a paid license to the OpenResty Edge™ product, Customer can choose to license the full, current IP geolocation database directly from ipip.net.
Exhibit A Product Description
An enhanced commercial version of the open source OpenResty web platform.
The commercial web gateway platform based on OpenResty Plus. This platform is the container for various OpenResty plugin products like OpenResty DNS, OpenResty WAF, OpenResty Analytics, OpenResty Sync, OpenResty Releases, OpenResty Edge™ language, and OpenResty SSL. The OpenResty Edge™ platform consists of two parts: OpenResty Edge™ Admin and OpenResty Edge™ Node.
OpenResty Edge™ Node
This is part of the OpenResty Edge™ platform that is deployed on each of the web gateway server machines.
OpenResty Edge™ Admin
This is part of the OpenResty Edge™ platform that is a web application powered completely by OpenResty Plus and a relational database which provides both a web UI and a RESTful API for configuring the whole OpenResty Edge™ platform and all the plugins running on top of it at soft real time. For the evaluation version of the OpenResty Edge™ product, the customer is not allowed to deploy its own instances of OpenResty Edge™ Admin, but rather, should always use OpenResty Inc.’s deployment (along with the customer’s deployment of the OpenResty Edge™ Node instances). After the customer purchases the production version of the OpenResty Edge™, OpenResty Edge™ Admin will also be delivered to the customer along with OpenResty Edge™ Node.
Dynamic high performance DNS servers based on OpenResty. This is a plugin product on the OpenResty Edge™ platform.
Web Application Firewall based on OpenResty. This is a plugin product on the OpenResty Edge™ platform.
Soft-real-time online metrics and data analytics. Supports soft-real time error logs as well. This is a plugin product on the OpenResty Edge™ platform.
Soft-real-time configuration and code synchronization across a server network consists of clusters of gateway nodes. Also supports real-time data and log collection from the network. This is a plugin product on the OpenResty Edge™ platform.
Manage gateway configuration releases with a full history of configuration changes. This is a plugin product on the OpenResty Edge™ platform.
OpenResty Edge Language
The Edge language is a rule-based domain specific language for write complicated custom rules run on the gateway nodes. The web IDE and compiler toolchain for the Edge language are also provided. This is a plugin product on the OpenResty Edge™ platform.
A high performance and dynamic SSL/TLS server gateway based on OpenResty. This is a plugin product on the OpenResty Edge™ platform.
A web-based gateway configuration A/B test scaffold. This is a plugin product on the OpenResty Edge™ platform.
Exhibit B: Copyright and Licenses for 3rd-party Open Source Components used in the OpenResty Edge™ Product
You can download the full content of this Exhibit B by opening the following PDF file in a web browser:
Last Updated: July 2, 2017
Information We Collect on the Service:
• User-provided Information. When you use the Service, we may collect information about you, including your name, email address, mailing address, mobile phone number, credit card or other billing information, your date of birth, geographic area, or preferences and we may link this information with other information about you. You may provide us with information in various ways on the Service. For example, you provide us with information when you register for an account, use the Service, make a purchase on the Service, or send us customer service-related requests.
• Cookies and Automatically Collected Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential. We may use third party cookies on our Service as well. OpenResty® does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who visit our Site or who use our Service.
• We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with other information about you.
• Location Information. We may obtain information about your physical location, such as by use of GPS and other geolocation features in your device, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet).
• Information from other sources. We may obtain your information from third parties and other sources outside of the service, such as our partners and advertisers.
How We Use the Information We Collect
We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:
• We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
• We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality.
• We may use your email address or other information we collect to contact you for administrative purposes such as customer service or to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties.
When We Disclose Information
Except as described in this Policy, we will not disclose information about you that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
• Any information that you voluntarily choose to include in a publicly accessible area of the Service will be available to anyone who has access to that content, including other users.
• We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to or process information about you as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
• We may disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
• We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
• Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
• We may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your account information and preferences at any time by accessing your account preferences page on the Service. If you wish to access or amend any other personal information we hold about you, you may contact us at firstname.lastname@example.org. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us by email at email@example.com or by writing to us at the address given at the end of this policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.
Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
The Service may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
Protecting the privacy of young children is especially important. Our Service is a general audience service not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent.
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.
Changes and Updates to this Policy
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.
Your California Privacy Rights
Residents of California have the right to request a disclosure describing what types of personal information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding calendar year. You may request a copy of that disclosure by contacting us at firstname.lastname@example.org.
How to Contact Us
Please contact us with any questions or comments about this Policy, information we have collected or otherwise obtained about you, our use and disclosure practices, or your consent choices by email at email@example.com.
Attn: Yichun Zhang
533 Airport Blvd Suite No.419,
Burlingame, CA 94010 USA