This End-User License Agreement (“EULA”) is a legal agreement between you and the Vendor of the app you are deploying via Nuvla.io, for which the Vendor has selected this License. This EULA was created by EULA Template for Vendors choosing to distribute their apps on Nuvla.io using this License. For this License agreement to apply, it must be referenced in the app definition in Nuvla.io.
Please read this EULA agreement carefully before completing the deployment and installation process and using the app software. It provides a license to use the app software and contains warranty information and liability disclaimers.
If you register for a free trial of the app software, this EULA agreement will also govern that trial. By clicking “accept” during the Nuvla.io launch process, or installing and/or using the app software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
The free trial of Nuvla.io does not extend to paying apps, you can therefore be invoiced for deploying paying apps during the free trial.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by the Vendor herewith regardless of whether other software is referred to or described herein. The terms also apply to any Vendor updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
The Vendor hereby grants you a personal, non-transferable, non-exclusive licence to use the app software on your devices in accordance with the terms of this EULA agreement.
You are permitted to deploy the app software (for example on an edge device, IoT device, server, PC, or cloud infrastructure) under your control. You are responsible for ensuring your device meets the minimum requirements of the app software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.
- Circumvent the Nuvla.io platform to reproduce, copy, distribute, resell or otherwise the Software for any reason.
- Use the Software in any way which breaches any applicable local, national or international law.
- Use the Software for any purpose that the Vendor considers is a breach of this EULA agreement.
Limitation of liability
The software is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. in no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.
Intellectual Property and Ownership
The Vendor shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of the Vendor.
The Vendor reserves the right to grant licences to use the Software to third parties.
While the Nuvla.io platform operator takes mesures to protect the intellectual property of the Vendor, it is ultimately the responsibility of the Vendor to protect its Software. For example, Nuvla.io’s best practices include the Vendor using a private Docker registry to store its Docker images. However, this is not a fail safe approach, since customers could get access to the Docker registry access key from their edge device to get access to the registry.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to the Vendor.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Switzerland.