PLEASE READ THIS EVALUATION LICENSE (“AGREEMENT”) CAREFULLY BEFORE SELECTING AND IMPLEMENTING THE PUPPET ENTERPRISE IMAGE THAT IS AVAILABLE FOR USE IN THE MICROSOFT AZURE CLOUD COMPUTING PLATFORM. BY SELECTING AND USING THE IMAGE, YOU ACCEPT THIS AGREEMENT AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU ARE NOT PERMITTED TO ACCESS OR USE THE IMAGE.
1. Scope. This Agreement states the terms and conditions under which Puppet, Inc. (“Puppet”) is willing to license to You use of the image known as Puppet Enterprise (“Image”) that is available for Your use in connection with the Microsoft Azure cloud computing platform (“Platform”). It does not apply to any other form of the Puppet Enterprise software.
2. Grant of License: Puppet grants to You a nontransferable, nonexclusive limited license to use the Image during the Evaluation Period to manage up to ten (10) “Nodes” in connection with Your Azure Platform. A “Node” is a single virtual machine that You have deployed in Your Platform. You may deploy as many copies of the Image as you like, but in no event may you use the Image to manage more than ten (10) total Nodes in your entire Platform.
3. Reservation of Rights: Any use beyond what is stated in Sec. 1 is prohibited. The Image is licensed, not sold, to You. Puppet and its licensors reserve all copyrights and other intellectual property rights. You may not do any of the following: (a) modify the Image (however, if the documentation accompanying the Image lists specific portions, such as header files, class libraries, reference source code, or redistributable files, that may be handled differently, You may do so only as provided in the documentation); (b) rent, lease, lend or encumber the Image; (c) remove or alter any proprietary legends or notices contained in the Image; (d) disclose benchmarks or other comparisons of the Image without Puppet’s prior written consent; or (e) decompile, or reverse engineer the Image (unless enforcement of this restrictions is prohibited by applicable law). This Agreement does not grant any right, title or interest in or to any trademark, service mark, logo or trade name of Puppet or its licensors.
4. Support: Puppet will have no support or maintenance obligations to You under this Agreement.
5. Specific Disclaimer of Warranty and Limitation of Liability: THE IMAGE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. PUPPET DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. PUPPET WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, AND CONSEQUENTIAL DAMAGES, AND DAMAGES RELATING TO LOST DATA OR LOST PROFITS, THAT ARISE FROM OR RELATE TO THIS AGREEMENT, EVEN IF PUPPET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PUPPET’S LIABILITY UNDER THIS AGREEMENT EXCEED $100.
6. Third Party Code. Portions of the Image may be provided with notices and open source licenses from communities and third parties that govern the use of those portions, and this Agreement does not alter any rights and obligations You may have under such open source licenses, except that the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all the Image.
7. Termination: Your license to the Image shall begin once you first load it into your Platform, and will last until the Evaluation Period for the Image ends (currently twelve (12) months from the date you first load it into your Platform). Either You or Puppet may terminate it early, without any need for notice. Upon termination, You shall promptly cease all use of the Image, and will uninstall it from Your Platform.
8. Export Regulations. The Image and all documents, technical data, and any other materials delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and acknowledge that You have the responsibility to obtain any licenses to export, re-export, or import as may be required after delivery to You.
9. U.S. Government Restricted Rights. If the Image is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Image and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
10. Miscellaneous. This Agreement is the entire agreement between Puppet and You relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. Course of dealing and other standard business conditions of the parties or the industry shall not apply. This Agreement is governed by the substantive and procedural laws of Oregon and you and Puppet agree to submit to the exclusive jurisdiction of, and venue in, the courts in Portland, Oregon for any dispute arising out of or relating to this Agreement.