End-User License Agreement for StoneFly, Inc. Software
This StoneFly, Inc. (StoneFly) End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and StoneFly for the StoneFly software and online service accompanying this EULA, which includes computer software deployed within the Microsoft Azure cloud computing platform and may include associated “online” or electronic documentation (“SOFTWARE PRODUCT” or “SOFTWARE”). By using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT.
Software PRODUCT LICENSE
The SOFTWARE PRODUCT is licensed, not sold. This EULA grants you the following non-exclusive rights:
1.1 Use. You may use the SOFTWARE PRODUCT only in accordance with this EULA and only during the course of a valid subscription initiated through the Microsoft Azure Virtual Machines Marketplace. Only one (1) 30-day free trial across all versions or SKUs of the SOFTWARE PRODUCT is permitted per company or entity.
1.2 Reproduction. You may not reproduce copies of the SOFTWARE PRODUCT for any purpose.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Reverse Engineering, Decompilation, and Disassembly. You may not, and you shall not allow third parties to, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2.2 Modification. You may not, and you shall not allow third parties to, modify the SOFTWARE PRODUCT or incorporate the SOFTWARE PRODUCT into, or with, any other software.
2.3 Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. The SOFTWARE PRODUCT’s component parts may not be separated for use on more than one machine (virtual or physical).
2.4 Software Transfer. You may not transfer any of your rights under this EULA.
2.5 Product Identification. You may not, and you shall not allow third parties to, remove any SOFTWARE PRODUCT identification or other notices.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title, copyrights and all other intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by StoneFly or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
“StoneFly” and any other registered and non-registered trademarks are trademarks of StoneFly, All Rights Reserved. StoneFly’s failure to list a trademark in this Section shall not constitute a waiver of any trademark rights. All other trademarks in the SOFTWARE PRODUCT not owned by StoneFly are the property of their respective owners.
5. U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs ©(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is StoneFly, Inc., 26250 Eden Landing Road, Hayward, CA 94545.
6. LIMITED WARRANTY
6.1 NO WARRANTIES. STONEFLY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
6.2 Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
6.3 LIMITATION OF LIABILITY. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE PRODUCT IS ASSUMED BY YOU. STONEFLY SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF STONEFLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
The EULA is effective until terminated. You may terminate the EULA at any time by canceling all active subscriptions of the SOFTWARE PRODUCT and related documentation. The EULA will terminate automatically if you fail to comply with any term or condition of the EULA, including any attempt to download, transfer or assign a copy of the SOFTWARE PRODUCT or its licenses. You agree upon such termination, you will return or destroy all copies of the EULA and related documentation. The provisions of Sections 2 – 8 shall survive termination.
8.1 Governing Law. You agree that this EULA is governed by the laws of the State of California, without reference to conflicts of law principles or the United Nations Convention on Contracts for the International Sale of Goods. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and U.S. federal courts having within their jurisdiction the location of the StoneFly’s principal place of business. Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving notices or otherwise as allowed by California state or U.S. federal law. In any action to enforce this Agreement, the prevailing party shall be entitled to costs and attorneys’ fees.
8.2 Severability. If any provision of these End-User Terms and Conditions is held to be invalid, illegal or unenforceable, it shall be severed and the remaining provisions shall continue in full force and effect.
8.3 Entire Agreement and Waiver. The EULA is the entire agreement regarding your use of the SOFTWARE PRODUCTS, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. At no time shall a failure or delay in enforcing any provisions, exercising any option or requiring performance, be construed to be a waiver.
Should you have any questions concerning this EULA, or if you desire to contact StoneFly for any reason, please write to: StoneFly, Inc., 26250 Eden Landing Road, Hayward, CA 94545.