Docker License
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Last Updated: 10/10/2024

Evaluation Software License Agreement
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This Evaluation Software License Agreement is a legal agreement between you (either an individual or an entity) and ApertureData, Inc. (“ApertureData”) governing your use of the ApertureData software licensed under this Agreement, which includes all applicable user documentation (together, the “Software” ).

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1. Introduction and Acceptance
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   BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, DOWLOADING, INSTALLING OR USING THE SOFTWARE, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREMENT. IF YOU ARE DOWNLOADING, INSTALLING OR USING THIS SOFTWARE ON BEHALF OF AN ORGANIZATION, COMPANY OR OTHER LEGAL ENTITY, THEN YOU: (A) AGREE TO THIS AGREEMENT ON BEHALF OF THAT ORGANIZATION, COMPANY, OR OTHER LEGAL ENTITY; (B) REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ORGANIZATION, COMPANY OR LEGAL ENTITY TO THIS AGREEMENT; AND (C) REFERENCES TO YOU IN THIS AGREEMENT WILL INCLUDE SUCH ORGANIZATION, COMPANY OR LEGAL ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, APERTUREDATA DOES NOT LICENSE THE SOFTWARE TO YOU AND YOU MUST IMMEDIATELY CEASE ALL USE OF THE SOFTWARE AND DELETE ALL COPIES OF THE SOFTWARE FROM YOUR SYSTEMS AND ANY OTHER SYSTEMS IN YOUR POSSESSION OR THAT YOU CONTROL.
   
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2. Grant of License
   
   ‍Subject to your compliance with this Agreement, ApertureData hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide license during the Term to download, install and use the Software solely for the purposes of internal testing and evaluation, and not for production use.
   
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3. Ownership; Reservation of Rights
   
   The license granted to you in Section 2 is not a transfer or sale of ApertureData’s ownership rights in or to the Software. Except for the license expressly granted in Section 2, ApertureData retains all right, title and interest (including all intellectual property rights) in and to the Software. The Software is protected by applicable intellectual property laws, including United States copyright laws and international treaties.

   
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4. License Restrictions
   
   You will not (a) use the Software for any commercial or other revenue-generating purposes; (b) publish, perform, display or otherwise provide access to all or any part of the Software or its functionality to any third party; (c) modify or create derivative works of the Software or associated materials, or any part thereof; (d) copy or reproduce the Software or any associated materials, in whole or in part; (e) except as specifically permitted by applicable law, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Software; (f) disclose, distribute, encumber, sell, rent, lease, sublicense or transfer the Software or associated materials, or use the Software or associated materials in a timesharing or service bureau arrangement; (g) use the Software for benchmarking purposes or to develop a similar or competing software; (h) use the Software for any public performance comparisons; (i) use or permit the use of the Software in violation of applicable law or any third-party rights; (j) remove, modify or obscure any copyright or other proprietary rights marks or legends, including any references to ApertureData’s or its licensors’ names, contained in or on the Software or associated materials; or (k) transfer any rights granted hereunder.
   
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5. Third-Party Licenses
   
   ‍The Software may include software, content, data or other materials, including related documentation, that are owned or licensed by third parties (“Third-Party Software”) . To the extent required by the license terms governing such Third-Party Software, that license will apply to the Third-Party Software on a standalone basis instead of this Agreement. A list of all Third-Party Software can be found here.
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6. Term and Termination
   
   Unless earlier terminated as set forth below, this Agreement will remain in effect for twelve (12) months from the earlier of the date you first access the Software or accept the Agreement (the “Term” ). You may request to extend the Term by contacting ApertureData via email at team@apertureata.io, and any renewals will be granted at ApertureData’s sole discretion. You may terminate this Agreement at any time by permanently ceasing use of the Software and deleting all copies of the Software in your possession or control. ApertureData may terminate this Agreement at any time. Upon termination or expiration of this Agreement the rights and licenses granted to you under this Agreement will automatically terminate and you will immediately delete all copies of the Software in your possession or control.
   
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7. Disclaimer of Warranties
   
   ‍THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. YOU ASSUME ALL RESPONSIBILITY FOR THE INSTALLATION AND USE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APERTUREDATA DISCLAIMS ON BEHALF OF ITSELF AND ITS LICENSORS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE LIMITED TO THE SHORTEST LEGALLY PERMITTED PERIOD.
   
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8. Limitation of Liability
   
   TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL APERTUREDATA BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS) ARISING UNDER THIS AGREEMENT OR RELATED TO THE SOFTWARE, OR YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF APERTUREDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
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9. Miscellaneous
   
   ‍You may not assign this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of ApertureData. Any attempted assignment without such consent will be null and of no effect, ab initio. ApertureData may freely assign this Agreement. This Agreement is governed by the laws of the State of California, without reference to its conflict of laws principles. Any dispute between you and ApertureData regarding this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California in connection with any action arising under this Agreement. There are no third party beneficiaries to this Agreement. This Agreement is the entire agreement between you and ApertureData and supersedes any prior or contemporaneous agreements and communications between the parties with respect to the Software. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect. The waiver of any breach or default will not constitute a waiver of any other right hereunder or of any subsequent breach or default.