OpenResty XRay™ Evaluation Agreement and Privacy Policy

Evaluation Agreement

This Evaluation Agreement (“Agreement”) is entered into and effective as of(the "Effective Date") by and between OpenResty Inc., a USA Delaware corporation, having its principal place of business at950 Tower Lane, Suite 2100 Foster City, CA 94404 USA(“OpenResty Inc.”) and You (“Customer”).

  1. Authorization.OpenResty Inc. shall provide Customer with a copy of the OpenResty Inc. proprietary 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 XRay™ Agent portion of the Product on the number of OpenResty XRay™ target machines stated above, and access and use an administrative panel for the Product hosted by OpenResty Inc. (the “Service”) using an access code provided by OpenResty Inc., 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 Inc. to license the Product on a commercial basis or return or destroy, at OpenResty Inc.’s option, all copies of the Product, accompanying documentation, and all other materials provided by OpenResty Inc. 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 Inc. 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 Inc. 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 Inc. a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use and exploit such Feedback without restriction, including to improve OpenResty Inc.’s products and services. Furthermore, Customer agrees that OpenResty Inc. may use any data or information uploaded to the Service or otherwise collected by OpenResty Inc. in connection with Customer’s use of the Service for any purpose permitted by OpenResty Inc.’s Privacy Policy for Product Evaluation, including for the purposes of improving OpenResty Inc.’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 INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE. NEITHER OPENRESTY INC. 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 Inc. 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 Inc.'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 Inc.
  7. ExhibitA
    Product Description
ExhibitB
Copyright and Licenses for 3rd-party Open Source Components
used in the OpenResty XRay™ Product

You can download the full content of this Exhibit B by opening the following PDF file in a web browser:

https://openresty.com/en/assets/Copyright-and-Licenses-for-3rd-party-Open-Source-Components-used-in-OpenResty-XRay-v1.pdf



Privacy Policy

This Privacy Policy (“Policy”) describes the manner in which OpenResty, Inc. (“OpenResty”, “we,” or “us”) and our website at openresty.com (the “Site”), as well as all related websites, networks, applications, and other services provided by us and on which a link to this Policy is displayed (collectively, together with the Site, our “Service”), gather information from you on the Service, how we use and disclose such information, and the steps we take to protect such information.

Information We Collect on the Service:

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:

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:

Your Choices

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 support@openresty.com. 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 support@openresty.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.

Third-Party Services

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.

Children’s Privacy

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.

Data Security

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.

International Visitors

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 support@openresty.com.

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 atsupport@openresty.com.

OpenResty Inc.
Attn: Yichun Zhang 950 Tower Lane, Suite 2100 Foster City, CA 94404 USA