These license terms are an agreement between Windocks and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Windocks updates, supplements, and support services for this software, unless other terms accompany those items.
By using the software, you accept these terms. If you do not accept them, do not use the software.
EVALUATION USE RIGHTS.
If you acquired an evaluation version of the software, then the EVALUATION USE RIGHTS described in this section apply to your use of the software:
• You may use the software only to test, demonstrate, and internally evaluate it.
• You may not use the software in a live operating environment.
• TIME-SENSITIVE LICENSING. The evaluation license will expire in the time described in the Evaluation Agreement (30 days unless otherwise mentioned). Unless Windocks software is validly licensed, you have no right to use the software after the time permitted for evaluation.
DISCLAIMER OF WARRANTY.
The software is licensed "as-is." You bear the risk of using it. Windocks gives no express warranties, guarantees, or conditions. To the extent permitted under your local laws, Windocks excludes the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
You can recover from Windocks and its suppliers only direct damages up to $5.00 USD. You cannot recover any other damages, including consequential, lost profits, special, indirect, or incidental damages. This limitation applies to:
• anything related to the software, services, content (including code) on third-party Internet sites, or third-party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Windocks knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential, or other damages.
If you comply with these license terms, you have the rights below for each software license you acquire.
a. Software. The software is comprised of the Windocks software that installs on Windows Server 2012R2, Windows Server 2016 and Windows Server 2019.
b. The Windocks Software License is based on:
• the number of instances of server software that you run;
• the number of containers supported;
• the number of processor cores used in the physical or virtual hardware;
• Commercial and Non-commercial use;
• the Term or subscription period.
c. Licensing Terminology.
Windocks Pay-as-you-go refers to a monthly subscription for Windocks editions that support up to 10, 25, and 50 containers at one time.
Windocks Enterprise refers to an edition of Windocks that is licensed by processor core, as described in a one year or longer License Agreement.
Windocks Community Edition refers to a no-cost version of Windocks with limits on the number of containers supported, and other technical limitations, and is for non-commercial use only.
Instance. You create an "instance" of software by executing the software's setup or install procedure. You also create an instance of software by duplicating an existing instance. References to software in this agreement include "instances" of the software.
Dedicated Instance. Is an "instance" of software that runs on a single Server (virtual or physical), that is not shared with other users.
Run an Instance. You "run an instance" of software by loading it into memory and executing one or more of its instructions. Once running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory.
Container. A "container" is a designated set of Operating System resources, and associated processes that provide an isolated space to run one or more application processes, including credentials for developers, testers, or operations personnel for access to the container.
CPU Core Processor is a unit of computing resource defined by the CPU, and refers to one complete execution unit. Server CPUs typically include 4,8, or more cores.
Server. A server is a physical hardware system or device capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system.
Assigning a License. To assign a license means simply to designate that license to one user, or the assignment of CPU core license to shared servers.
Developer. A "Developer" is a software developer, tester, or operations personnel, that creates, stops, starts, restarts, or builds containers, or accesses code or applications hosted in containers for development and test purposes only, on a dedicated instance.
User. A "User" is any person, who accesses Windocks software for purposes of software development, test, operations, or as an end-user who access applications hosted by Windocks.
2. USE RIGHTS.
a. Licensing a Server. Before you run instances of the server software on a server, you must determine the required number of software licenses and assign those licenses to Developers and Shared Servers as described below.
b. Determining the Number of Shared Server Licenses Required. Windocks Enterprise is licensed for each physical or virtual core processors, or per instance, as stated in an Enterprise License Agreement. Windocks Pay-as-you-go is licensed for each server instance. In order to determine how many licenses you need for each server using Windocks Enterprise, you must count the number of physical or virtual processor cores on the server(s).
c. Windocks Community edition is licensed for non-commercial use only.
d. Assigning the Required Number of Shared Server Licenses.
• Assignment. After you determine the number of software licenses you need for a server, you must assign that number of software licenses to that server or Virtual Machine. That server or Virtual Machine is the licensed server for the assigned licenses. You may not assign the same license to more than one server or Virtual Machine. A hardware partition or blade is considered to be a separate server.
• Reassignment. Shared Server licenses can be reassigned as servers or Virtual Machines are retired or replaced
• Hardware failure. If you reassign a Shared Server license, the server to which you reassign the license becomes the new licensed server for the affected licenses.
e. You may run, at any one time:
• Each licensed Developer can run Windocks software without restriction on the number of CPU cores, on a dedicated instance, using physical or virtual processor cores, for non-commercial software development and testing purposes only
• Shared Servers must be licensed for each core processor used (physical or virtual)
f. This Agreement is effective as of the Delivery of the Software and expires at such time as all license subscriptions or Evaluation terms hereunder have expired according to their own terms (the "Term"), as described in the Order or Purchase documents, or Evaluation Agreement.
g. Termination. Upon expiration of License subscription, Term, or Evaluation period, you shall cease any and all use of Windocks software, destroy all copies thereof and so certify to Windocks in writing.
f. Multiplexing. Hardware or software used to pool connections, reroute information, or otherwise circumvent the limitations of a single-user Developer license, are prohibited.
3. SCOPE OF LICENSE.
The software is licensed, not sold. This agreement only gives you some rights to use the software. Windocks reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:
• work around any technical limitations in the software; á reverse engineer, decompile, or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• create or attempt to create by reverse engineering, disassembly, decompilation or otherwise, the source code, the underlying, algorithms, structure, organization or ideas from the software, or any part thereof, or aid or permit others to do so, except and only to the extent expressly permitted by applicable law;
• remove or alter any trademark, logo, copyright or other proprietary notices or markings in the software;
• copy, modify or create any derivative work of, the software or any portion thereof;
• use the software's files and components within another operating system or application running on another operating system;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy; á rent, lease, or lend the software; or
• use the software for commercial software hosting services.
4. BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
6. NOT FOR RESALE SOFTWARE. You may not sell software marked as "NFR" or "Not for Resale"
7. AUDIT RIGHTS. Upon Windocks written request, you shall certify in a signed writing that your use of the Software is in full compliance with the terms of this Agreement (including Shared Server and Developer limitations) and provide a current list of Developers and Shared Server licenses. With reasonable prior notice, Windocks may audit your use of the Software, software monitoring system and records, provided such audit is during regular business hours. If such inspections or audits disclose that you have installed, accessed or permitted access to the Software in a manner that is not permitted under this Agreement, then Windocks may terminate this Agreement and you are liable for the reasonable costs of the audit in addition to any other fees, damages and penalties Windocks may be entitled to under this Agreement and applicable law.
8. UNITED STATES GOVERNMENT END-USERS. The Software is commercial computer software. If the user or licensee of the Software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Software was developed fully at private expense. All other use is prohibited
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.
10. SUPPORT SERVICES. Windocks provides email support services for the software as described in your separate Service Agreement (if applicable) or email support only for paid versions of Windocks software.
11. PUBLICITY. Windocks may identify you as a customer of Windocks on Windocks websites, press releases, or other marketing materials.
11. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, and Internet-based services and support services that you use, are the entire agreement for the software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 22. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
13. ASSIGNMENT. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. Windocks may assign this Agreement to any affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of Windocks assets or voting securities. You may not assign or transfer this Agreement, in whole or in part, without Windocks written consent except that you may assign your rights and obligations under this Agreement, in whole but not in part, without Windocks written consent in connection with any merger, consolidation, sale of all or substantially all of your assets, or any other similar transaction provided that: (i) the assignee is not a direct competitor of Windocks; (ii) you provide prompt written notice of such assignment to Windocks; (iii) the assignee is capable of fully performing your obligations under this Agreement; and (iv) the assignee agrees to be bound by the terms and conditions of this Agreement. Any attempt to transfer or assign this Agreement without such written consent will be null and void.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Windocks and its suppliers only direct damages up to the amount you paid for the software. You cannot recover any other damages, including consequential, lost profits, special, indirect, or incidental damages.
This limitation applies to: á anything related to the software, services, content (including code) on third-party Internet sites, or third-party programs; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if: repair, replacement, or a refund for the software does not fully compensate you for any losses; or Windocks knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential, or other damages.
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Windocks materials that you receive in or with the software.
References to "limited warranty" are references to the express warranty provided by Windocks. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under local Consumer Law.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The limited warranty covers the software for one year after acquired by the first user. If you receive supplements, updates, or replacement software during that year, they will be covered for the remainder of the warranty or 30 days, whichever is longer.
To the extent permitted by law, any implied warranties, guarantees, or conditions last only during the term of the limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee, or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond WinDock's reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. Windocks will repair or replace the software at no charge. If Windocks cannot repair or replace it, Windocks will refund the amount shown on your receipt for the software. It will also repair or replace supplements, updates, and replacement software at no charge. If Windocks cannot repair or replace them, it will refund the amount you paid for them, if any. You must uninstall the software and return any media and other associated materials to Windocks with proof of purchase to obtain a refund. These are your only remedies for breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change.
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from Windocks. Windocks gives no other express warranties, guarantees, or conditions. Where allowed by your local laws, Windocks excludes implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If your local laws give you any implied warranties, guarantees, or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
Appendix A: Apache 2 License
As noted in Windocks documentation, the Windocks software includes certain software licensed under the Apache 2 license, which is provided as required below:
2.0, January 2004
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS