End User License Agreement for OpenResty OpsLang™
Please read this End User License Agreement (“EULA”) before You purchase a License for the OpenResty OpsLang™ and subsequently download and use the OpenResty OpsLang™.
By purchasing a License and/or downloading and using the OpenResty OpsLang™, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License and/or download and use the OpenResty OpsLang™.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract with OpenResty Inc..
In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
- “Activate”turning the Trial version into the Full version of the same application with the License provided by OpenResty Inc.;
- “Documentation”the detailed information about the OpenResty OpsLang™, its features and the system requirements as made available on the website of OpenResty Inc., as amended from time to time;
- “Full version”the license for the OpenResty OpsLang™ for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Use the OpenResty OpsLang™;
- “License”an agreement or unique code provided by OpenResty Inc., which enables You to activate the use OpsLang legally under applicable license term;
- “Open Source Software”any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;
- “OpenResty Inc.”OpenResty Inc. ;
- “OpenResty OpsLang™”any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by OpenResty Inc., including any Updates;
- “Trial version”the license for the OpenResty OpsLang™ for the term of 30 days to Use the OpenResty OpsLang™ for the sole purpose of testing and evaluating the OpenResty OpsLang™;
- “Updates”any modified versions and updates of, and additions to the OpenResty OpsLang™ (excluding upgrades of the OpenResty OpsLang™);
- “Use”the access, download, install, copy or get benefit from using the OpenResty OpsLang™ in accordance with the documentation;
- “You”you, the final and ultimate user of the OpenResty OpsLang™ or the authorized representative of a company or other legal entity that will be the final and ultimate user of the OpenResty OpsLang™, and the company or other legal entity that will be the final and ultimate user of the OpenResty OpsLang™, if applicable.
- This EULA applies to any licenses granted to You by OpenResty Inc. for the use of the OpenResty OpsLang™.
- By purchasing a License for the OpenResty OpsLang™ and/or downloading and using the OpenResty OpsLang™, You enter into this EULA with OpenResty Inc..
- 3. This EULA may be modified from time to time. OpenResty Inc. will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License. Any modifications to this EULA shall only apply upon acceptance by You.
- OpenResty Inc. grants You a non-exclusive, non-transferable, limited, revocable license to Use the OpenResty OpsLang™ in accordance with this EULA. OpenResty Inc. reserves all rights not expressly granted to You.
- OpenResty Inc. is and remains the owner of any intellectual property rights with respect to the OpenResty OpsLang™. You shall not acquire any ownership to the OpenResty OpsLang™ as a result of Your purchase of the License or Your Use of the OpenResty OpsLang™.
Permitted use and restrictions
- In order to be able to install the OpenResty OpsLang™ and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the Documentation that can be found on the webpage: https://openresty.com/en/opsLang/.
- You may Use the OpenResty OpsLang™ on one computer only, unless You have purchased (a) a business license or (b) more than one Full version or Trial version. In the event You have purchased a business license or more than one Full version or Trial version, the number of computers You may Use the OpenResty OpsLang™ on shall not exceed the number of the Full version or Trial version purchased. If You exceed the limit, OpenResty Inc. may block the License.
- You shall Use the Full version, Trial version or Contributor version in accordance with applicable laws and shall not:
- use the Trial version on any system where the Trial version was previously Used and expired;
- rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License, the Full version, the Trial version or the Contributor version;
- assign the License, the Full version, the Trial version or the Contributor version without prior written approval of OpenResty Inc.;
- Use the Full version, Trial version or Contributor version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
- delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the OpenResty OpsLang™; or
- copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the OpenResty OpsLang™ and the License or any parts thereof, except to the extent permitted by applicable law.
- OpenResty Inc. may modify the OpenResty OpsLang™ at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
- Certain components of the OpenResty OpsLang™ are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. You shall adhere to these terms and conditions, which can be found via the web page: https://openresty.org/download/Copyright-and-Licenses-for-3rd-Party-Open-Source-Projects.pdf.
Maintenance and support
- OpenResty Inc. will notify You of any available Updates and upgrades.
- You will be entitled to receive Updates free of charge:
- during a period of twelve (12) months upon purchasing the License for the Full version. In order to receive Updates after this twelve months’ period, You will need to renew your License for the Full version, or
- during the period that You qualify as a Contributor.
- You may need to pay an additional fee in order to be able to download an upgrade.
- You can download available Updates and upgrades from the website of OpenResty Inc..
- Any maintenance and support provided by OpenResty Inc., including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
Use of data
- OpenResty Inc. and its subsidiaries may periodically collect and use technical and related data concerning the OpenResty OpsLang™ You have licensed, including about the version number of the OpenResty OpsLang™ You have installed and about the system You have installed the OpenResty OpsLang™ on. OpenResty Inc. will use such data to facilitate maintenance and support with respect to the OpenResty OpsLang™, to improve its products and to provide further services or technologies to You.
- OpenResty Inc. may process personal data with respect to You, if and to the extent necessary to provide the License, to provide maintenance and support to You with respect to the OpenResty OpsLang™ and to comply with its obligations under this EULA. To the extent OpenResty Inc. will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement for more details on the processing of Your personal data that OpenResty Inc. has collected and received through its website.
- You Use the OpenResty OpsLang™ at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
- The OpenResty OpsLang™ and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and OpenResty Inc. specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by OpenResty Inc., its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
- The liability of OpenResty Inc. and any third party that has been involved in the creation, production, or delivery of the OpenResty OpsLang™ for all damages arising out of or in any way relating to the Full version, the Trial version, the Business version, the License, the OpenResty OpsLang™ and/or this EULA shall in no event exceed the total amount of $ 99.
- OpenResty Inc. and any third party that has been involved in the creation, production, or delivery of the OpenResty OpsLang™ are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the OpenResty OpsLang™).
- The limitations of liability referred to in clause 9.1 and 9.2 shall not apply in the event that: (i) any negligence on the part of OpenResty Inc. leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of OpenResty Inc. or the management of OpenResty Inc..
- This EULA will continue to be in force until the expiry or termination of the Full version, the Trial version or the Business version.
- The Full version or Trial version will terminate automatically at the end of the applicable license term, unless renewed or Activated prior to the end of the applicable license term.
- OpenResty Inc. is entitled to terminate the Full version, the Trial version or the Business version by blocking the License during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your (subscription) fee for the License within the applicable payment term, in the event Your (subscription) fee for You as Contributor has been failed to pay within the applicable payment term, or in the event OpenResty Inc. is required to do so by law or an order of an applicable court.
- Upon termination of the Full version, the Trial version or the Business version, You are not able to update the OpenResty OpsLang™.
- You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
Governing law and disputes
- This EULA shall be governed by and construed in accordance with the laws of the United State of America, excluding its conflicts of law rules.
- Any dispute between OpenResty Inc. and You shall exclusively be submitted to the competent court in San Mateo, USA.