MAVIN GLOBAL TERMS OF USE
MAVIN GLOBAL-PUBLISHED SOFTWARE FOR USE IN MICROSOFT AZURE
These terms of use are an agreement between Mavin Global Company (or based on where you live, one of its affiliates) and
you. They apply to the software named above and described below. The terms also apply to any Mavin Global:
- updates,
- supplements,
- Internet-based services, and
- support services
for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept
these terms. If you do not accept them, do not use the software.
As described below, using some features also operates as your consent to the transmission of certain standard computer information
for Internet-based services.
- DEFINITIONS.
- "Customer Agreement" means the agreement under which you have obtained Mavin Global Azure services from Mavin
Global.
- "Mavin Global-Published Image" means a virtual machine image made available by Mavin Global for use in Microsoft
Azure and in which the software is pre-installed.
- USE RIGHTS.
- Use within Microsoft Azure. Subject to the terms and conditions of this agreement, Mavin Global grants you a
limited, non-exclusive, non-transferable right to use the software within Microsoft Azure. If you obtained
access to the software through a Mavin Global-Published Image, you may use the software only in virtual machines
in Microsoft Azure deployed from the Mavin Global-Published Image
- Third-Party Programs. The software may include one or more third-party programs. If a third- party program
is listed in a separate "ThirdPartyNotices" file provided by Mavin Global, the terms set forth in that file
will control. Otherwise, your use of such programs will be governed by the terms embedded in or accompanying
those programs. In all cases, the disclaimers and limitations on exclusion of damages below also apply.
- SCOPE OF RIGHT. This agreement only gives you some rights to use the software. Mavin Global 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:
- transfer the software to or use the software outside of Microsoft Azure, unless you have obtained such rights
apart from this agreement;
- work around any technical limitations in the software;
- reverse engineer, decompile, or disassemble the software, except and only to the extent that applicable
law expressly permits, despite this limitation;
- 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;
- rent, lease, or lend the software; or
- transfer the software or this agreement to any third party.
- INTERNET-BASED SERVICES. Mavin Global or its licensors may provide Internet-based services in connection with the software.
For example, Mavin Global or its licensors may configure the software to check occasionally for updates or supplements
to the software. Mavin Global or its licensors may change or cancel such Internet-based services, if any, at any
time.
- 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 or any direct product thereof.
- ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services, and support services
that you use, are the entire agreement for the software and support services, if any.
- APPLICABLE LAW. This agreement, including any claims for breach of it, will be governed by the laws of the state or country
applicable to your Customer Agreement.
- LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country.
This agreement does not change your rights under the laws of your country if the laws of your country do not permit
it to do so.
-
DISCLAIMER OF WARRANTY. The software is provided “as-is.” You bear the risk of using it. Mavin Global gives no express
warranties, guarantees, or conditions. You may have additional consumer rights or statutory guarantees under
your local laws that this agreement cannot change. To the extent permitted under your local laws, Mavin Global
excludes all implied warranties, including warranties of merchantability, fitness for a particular purpose, and
non-infringement.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law, and nothing in these terms is intended to
affect those rights.
- LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. For any claim arising in connection with this agreement, you can
recover from Mavin Global only direct damages up to U.S. $5.00. You cannot recover from Mavin Global any other damages,
including consequential, special, indirect, punitive, incidental, or damages based on any loss of profits, revenue,
data, or data use arising from or relating to the Mavin Global Azure platform and the use of the software. 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 Mavin Global 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.