By accessing or using Anaconda’s software (“Software”) in an offering (“Partner Offering”) by a partner of Anaconda (“Partner”), you (“End Customer” or “You”) agree to be bound by this Embedded End User License Agreement (“EULA”). If You do not agree with this EULA, You are not authorized to access or use the Software in any Partner Offering.
1. USE OF THE ANACONDA SOFTWARE.
1.1 GENERAL GRANT. Subject to End Customer’s compliance with this EULA, End Customer is granted a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Software in the Partner Offering. End Customer’s use of the Software under this EULA is only authorized in the Partner Offering. End Customer is not authorized to access or use the Software outside of the Partner Offering without a separate license from Anaconda.
2.2 OWNERSHIP. As between Anaconda and End Customer, Anaconda is and remains the sole owner of all right, title and interest, including all intellectual property rights, in and to the Software.
2. END CUSTOMER’S RESPONSIBILITIES; RESTRICTIONS.
End Customer will not, and will not authorize any third party to: (i) use the Software in violation of any applicable law or regulation or for any fraudulent or unlawful purpose; (ii) reverse engineer, decompile, or disassemble the Software, except to the extent such activities are expressly permitted by applicable law; (iii) download, copy, alter, modify, or create derivative works of the Software, or otherwise use the Software in any way that violates the license grant or restrictions contained in this EULA or the Software’s documentation; (iv) sell, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Software; (v) remove, alter, or obscure any proprietary notices, labels, or markes from the Software; or (vi) bypass any measures Anaconda may use to prevent or restrict access to the Software. The Software may not be accessed for the benefit of third parties, including any service bureau, time-sharing or managed services arrangement, or for any benchmarking or comparative or competitive purposes unless preauthorized in writing by Anaconda.
3. PARTNER OFFERING.
3.1 NO LIABILITY FOR PARTNER SOLUTION. Notwithstanding any access End Customer may have to the Software in the Partner Offering, the Partner is the sole provider of the Partner Offering. The Partner and End Customer alone are entering into a contractual relationship in relation to the Partner Offering. In the event that the Partner ceases operations or otherwise ceases or fails to provide the Partner Offering, Anaconda cannot provide the Partner Offering to End Customer, and cannot refund End Customer any fees paid by End Customer to the Partner. Anaconda does not charge End Customer any fees for End Customer’s access and use of the Software in the Partner Offering in accordance with this EULA and is not responsible or liable to End Customer for any claims relating to the Software in the Partner Offering.
3.2 NO OBLIGATION FOR SUPPORT. All technical support and responses to questions, complaints, or claims related to the Partner Offering and the Software included in the Partner Offering will be provided by the Partner.
4. DISCLAIMER.
THE ANACONDA SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ANACONDA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
5. TERMINATION AND SUSPENSION.
End Customer understands and agrees that its access and use of the Software (including all of End Customer’s rights granted in this EULA) in the Partner Offering may be terminated or suspended upon written notice if: (a) End Customer is in breach of this EULA, (b) the agreement between Anaconda and the Partner to provide the Software in the Partner Offering terminates, or (c) the Partner is in breach of such agreement.