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Please read the evaluation agreement carefully.

OPENRESTY EVALUATION AGREEMENT

This Evaluation Agreement (“Agreement”) is entered into and effective as of {{today}} (the “Effective Date”) by and between

OpenResty Inc., a Delaware corporation, having its principal place of business at 533 Airport Blvd Suite #419, Burlingame, CA 94010 USA (“OpenResty”) ; and

{{company}}

Product Name: OpenResty Edge Number of Edge Nodes: 12 Evaluation Period: 90 days

1. Authorization.

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.

If Customer elects to provide any comments or suggestions regarding the Product or Service, such as proposed modifications or enhancements to the Product or Service (“Feedback”), Customer hereby grants to OpenResty a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use and exploit such Feedback without restriction, including to improve OpenResty’s products and services. Furthermore, Customer agrees that OpenResty may use any data or information uploaded to the Service or otherwise collected by OpenResty in connection with Customer’s use of the Service for any purpose permitted by OpenResty’s Privacy Policy for Product Evaluation, including for the purposes of improving OpenResty’s products and services.

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.

6. Miscellaneous.

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

OpenResty Plus

An enhanced commercial version of the open source OpenResty web platform.

OpenResty Edge

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 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.

OpenResty DNS

Dynamic high performance DNS servers based on OpenResty. This is a plugin product on the OpenResty Edge platform.

OpenResty WAF

Web Application Firewall based on OpenResty. This is a plugin product on the OpenResty Edge platform.

OpenResty Analytics

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.

OpenResty Sync

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.

OpenResty Releases

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.

OpenResty SSL

A high performance and dynamic SSL/TLS server gateway based on OpenResty. This is a plugin product on the OpenResty Edge platform.

OpenResty Tests

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

您可以通过在 Web 浏览器打开以下 PDF 文件来下载本附件 B 的完整内容:https://openresty.org/download/Copyright-and-Licenses-for-3rd-Party-Open-Source-Projects.pdf

Complete

We appreciate your interests in our products. You can learn more about our products through the mini-CDN1 trial account.

We have created an trial account of mini-CDN Admin System for you. Please login and try on the system. You can get the account and password from here:

Currently we have granted your account read-only access to the "openresty.org" application. Please feel free to click on the Edit buttons to check the details of gateway rules. Your trial account does not allow you to save any changes, so don't be surprised when you see an error message when you save.

Please share this account only within your company. DO NOT share it with third parties outside your company.

If you need a standalone installation package, please send an email with "Apply for a trial package" as the subject to support@openresty.comsupport@openresty.com. We will get in touch with you as soon as we receive the email and guide you through the next steps.

We will also send the information above to your email address: {{email}}. However, consider the low arrival rate of email, we recommend that you keep the information of the trial account properly.

If you encounter any problems during your trial, please feel free to contact us at: support@openresty.com.


1. mini-CDN is a global CDN network operated by Openresty®, currently Openresty.com and openresty.org are both powered by it.