End-User License Agreement
This End User License Agreement (“EULA”) is a legal agreement between you and Mirantis, Inc. (“Mirantis”). It covers the terms and conditions for using k0s - Kubernetes distribution and any updates that may be made available from time to time as provided by Mirantis in binary or object code form (“Software”). The source code for Software is available at https://github.com/k0sproject/k0s under the Apache License, Version 2.0 (“Apache 2.0”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL, USE, OR COPY THE SOFTWARE.
Summary
- You must agree to all of the terms of this EULA to use this Software. If so, you may use the Software for free and for any lawful purpose.
- This Software may automatically communicate with Mirantis servers to receive and install updates, and to send anonymized usage information. You agree to allow this communication.
- This Software is provided “as-is” with no warranties, and you agree that Mirantis is not liable for anything you do with it.
The Agreement
By downloading, installing, using, or copying the Software, you accept and agree to be bound by the terms of this EULA. If you do not agree to all of the terms of this EULA, you may not download, install, use or copy the Software.
The License
The Software includes both software licensed and made available under Apache 2.0 and non-open source software. This EULA entitles you to install as many copies of the Software as you want and use the Software for any lawful purpose consistent with this EULA. Your license to use the Software is expressly conditioned upon your agreement to all of the terms of this EULA. This software is licensed, not sold. Mirantis reserves all other rights not granted by this EULA. To the extent the Apache 2.0 covered software conflicts with this EULA, Apache 2.0 prevails.
Extensions
The Software may provide an option to use extensions developed by Mirantis or third parties. The use of extensions is subject to their own licenses, and not this agreement. Mirantis does not distribute, license or provide any warranties for any of the third-party extensions.
The Restrictions
- When using the Software, you must use it in a manner that complies with the applicable laws in the jurisdiction(s) in which you use the Software.
- You may not reverse-engineer, decompile, disassemble, or attempt to derive the source code for the Software, in whole or in part, except to the extent that such activities are permitted under applicable law. The source code that may be used to build or tweak the Software is available at https://github.com/k0sproject/k0s under the Apache 2 license.
- You may not license, sublicense, sell, resell, rent, lease, or exchange the Software.
- You may redistribute the software, but it must include this EULA and you may not repackage or bundle the Software with any other software.
- You may not remove or alter any proprietary notices or marks on the Software.
Privacy Notices
The Software may automatically communicate with Mirantis servers to perform automated software updates and usage tracking. These features are designed to ensure the best possible end user experience.
- Automated Software Updates. The Software may automatically communicate with Mirantis servers to determine whether there are updated versions of the Software available. You agree that the Software may be updated automatically without providing any further notice or receiving any additional consent. You may manually opt-out from automated software updates.
- Telemetry Usage Tracking. In the default mode, the Software automatically communicates with Mirantis servers to send certain telemetry data about the usage. This data is collected only for Mirantis legitimate interest and purpose of making the Software better. The telemetry data contain information about the environment software is run generic information about the cluster. For avoidance of doubt, no sensitive data is sent, but some of the data can be qualified as data identifying an individual under various jurisdictions and you may manually opt-out from sending telemetry data.
- More Information. For more information about how Mirantis handles and processes personal information, please visit https://www.mirantis.com/company/privacy-policy/.
Intellectual Property Notices
The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Mirantis. Mirantis reserves all rights in and to the Software not expressly granted to you in this EULA.
The Mirantis name and any related logos and/or stylized names are trademarks of Mirantis. You agree not to display or use these trademarks in any manner without Mirantis’ prior, written permission.
Disclaimers and Limitations on Liability
THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. Mirantis does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Software will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or (vi) any errors in the Software will be corrected.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIRANTIS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MIRANTIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, but not limited to: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (v) or any other matter relating to the Software. To the maximum extent permitted by applicable law, in no event shall Mirantis aggregate and cumulative liability exceed the amount of one hundred dollars ($100).
Mirantis reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) and this EULA with or without notice. Mirantis shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Software.
Miscellaneous
- The failure of Mirantis to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.
- This EULA constitutes the entire agreement between you and Mirantis and governs your use of the Software, superseding any prior agreements between you and Mirantis (including, but not limited to, any prior versions of the EULA).
- You agree that this EULA and your use of the Software are governed under laws of the State of California, USA without reference to its conflicts of laws provision. Any dispute related to this EULA or the Software will be subject to the exclusive jurisdiction of the state courts in and for Santa Clara County, California, U.S.A. (or, if there is federal jurisdiction, the United States District Court for the Northern District of California). This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
-The Software, including technical data, may be subject to US export control laws including the U.S. Export Administration Act and its associated regulations, and sanctions control regimes of the United States and may be subject to export or import laws or regulations in other countries. You represent, warrant and covenant that you (i) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries pursuant to applicable export and import laws and regulations, (ii) will not transfer software, technology, and other technical data to export-prohibited parties or countries otherwise in violation of U.S. or other applicable export or import laws, or use the Software or any other Mirantis products or documentation for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws.
- Please send any questions about this EULA to info@k0sproject.io