CloudLinux OS Shared / CloudLinux OS Shared PRO / CloudLinux OS Solo / CloudLinux OS Admin
LICENSE AGREEMENT
READ THIS LICENSE AGREEMENT BEFORE INSTALLING THESE PROGRAMS. THIS LICENSE
AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU, AS EITHER AN INDIVIDUAL OR AN ENTITY,
AND CLOUD LINUX INC. ("CLOUD LINUX") GOVERNING YOUR USE OF ANY PROGRAMS
DOWNLOADED, INSTALLED, OR USED BY YOU (THE "PROGRAMS"). REFERENCES TO “YOU”
HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END USER, AND THE ENTITY ON WHOSE
BEHALF YOU ARE ACCEPTING THIS LICENSE AGREEMENT. CLOUD LINUX IS UNWILLING TO
LICENSE THE PROGRAMS EXCEPT ON THE TERMS CONTAINED IN THIS LICENSE AGREEMENT.
THE ACT OF DOWNLOADING, INSTALLING, OR USING THE PROGRAMS SHALL CONSTITUTE AN
ACCEPTANCE BY YOU OF THE TERMS OF THIS LICENSE AGREEMENT, INCLUDING THE DATA
PROTECTION ADDENDUM WITH ALL ANNEXES AND APPENDICES ("DPA") ATTACHED AS SCHEDULE
A, WHICH IS INTEGRATED AND MADE A PART OF THIS LICENSE AGREEMENT. IF YOU DO NOT
WISH TO AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THE
INSTALLATION NOW AND REMOVE IT FROM YOUR SYSTEM. THIS LICENSE AGREEMENT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF CLOUD LINUX'S OBLIGATIONS AND
RESPONSIBILITIES TO YOU AS LICENSEE, AND SUPERSEDES ANY OTHER PROPOSAL,
REPRESENTATION, OR OTHER COMMUNICATION BY OR ON BEHALF OF CLOUD LINUX RELATING
TO THE SUBJECT.
1. GRANT OF LICENSE.
Cloud Linux hereby grants to you, and you accept, a limited, nonexclusive
license to use the Programs in machine-readable, object code form only, and the
user manuals accompanying the Programs (the "Documentation"), only as authorized
in this License Agreement. For purposes of this License Agreement, the
"Programs" include any updates, enhancements, modifications, revisions, or
additions to the Programs made by Cloud Linux and made available to end-users.
Notwithstanding the foregoing, Cloud Linux shall be under no obligation to
provide any updates, enhancements, modifications, revisions, or additions to the
Programs. The authorized use of the Programs is strictly limited to running the
Programs as a security suite for Linux web servers. In no event may you use the
Programs for any other purpose, including, but not limited to, using the
Programs to create or enhance competing software or services.
You may use one copy of the Programs only on systems, including servers, work
stations, virtual machines, blades, nodes, or disk partitions for which you have
purchased Subscription Services from Cloud Linux or its resellers. For purposes
of this License Agreement, "use" of the Programs means loading the Programs into
the temporary or permanent memory of a computer. Installation of the Programs on
a network server solely for distribution to other computers is not "use" of the
Programs, and is permitted, as long as you have purchased Subscription Services
for the systems being accessed by the Programs.
Your installation or use of the Programs grants Cloud Linux limited access to
your system information, programs, and applications for the purpose of security
analysis, diagnostic, performance analysis, reporting, and collecting
performance metrics. Such access and information collected include reviewing
installed packages and applications, the names, sizes, and attributes of files,
the server or system uptime, load, and running processes, the server ID,
metadata of HTTP(S) requests, server internal/external IP, the hostnames,
usernames, domains, SQL queries, metadata of HTTP requests, PHP stack traces,
executed functions data inside PHP requests, external requests metadata (such as
request URLs, data, headers, and response data, etc.), CMS plugins data, server
performance data, and user performance data. Web performance metrics are
collected through the use of tracking JS and PHP code that is added when the
Program is enabled.
You acknowledge and agree that, should You enable these Programs on behalf of an
end user in Your capacity as a server administrator, You are thereby affirming
the acceptance of the License Agreement on the end user's behalf. Further, You
are obligated to present the License Agreement to the end user and secure their
acceptance prior to enabling the Program.
As a condition of the license granted to You pursuant to this License Agreement,
You shall pay Cloud Linux the amount(s) of all applicable license fees. You
shall, in addition to the license fees, pay all applicable sales, use, transfer,
or other taxes and all duties, whether national, state, or local, however
designated, that are levied or imposed by reason of the transaction contemplated
under this License Agreement. You shall reimburse CloudLinux for the amount of
any such taxes or duties paid or incurred directly by CloudLinux as a result of
this transaction, and you agree that CloudLinux may charge any such reimbursable
taxes to the payment instrument you used for Your initial payment.
2. PROTECTION OF PROPRIETARY RIGHTS; CONFIDENTIALITY.
You acknowledge that the Programs and each of their components are owned by
Cloud Linux and others, and are protected under copyright law and other laws as
applicable. Title to the Programs, or to any copy, modification, or merged
portion thereof, shall remain with their respective owners, subject to the
applicable license. You may commercially redistribute the Programs only if, you
have entered into a separate agreement with Cloud Linux authorizing such
commercial redistribution or Cloud Linux has otherwise granted you permission,
in writing.
You agree not to remove any confidential or proprietary legends from the
Programs.
You acknowledge that, in the event of your breach of any of the provisions of
this Section 2, Cloud Linux will not have an adequate remedy in money or
damages. Cloud Linux shall therefore be entitled to obtain an injunction against
such breach from any court of competent jurisdiction immediately upon request.
Cloud Linux's right to obtain injunctive relief shall not limit its right to
seek further remedies. This Section 2 shall survive termination for any reason.
Your obligations hereunder shall remain in effect for as long as you continue to
possess or use the Programs, or any proprietary interests therein.
You further agree not to, and you will not permit others to, (a) license, sell,
rent, lease, assign, distribute, transmit, host, outsource, disclose or
otherwise commercially exploit the Programs, (b) copy or use the Programs for
any purpose other than as permitted in this License Agreement, (c) remove or
alter any trademark, logo, copyright or, patent marking(s), other proprietary
notices, legends, symbols or labels in the Programs, or (d) modify, make
derivative works of, disassemble, reverse compile or reverse engineer any part
of the Programs, including, but not limited to, its license keys, to the fullest
extent of the law.
All Programs are and remain the confidential information of, and a trade secret
of, Cloud Linux. The Programs does not include any rights to the underlying
source code of the Programs, but only a right to use the object/binary code as
set forth and restricted herein. You shall not rent, sell, lease, license,
sublicense, assign, transfer, publish, disclose, distribute, display, or
transcribe in any fashion any of the Programs to others or for any use other
than as provided by this EULA, and any such attempted rental, selling, leasing,
licensing, sublicensing, assignment, transfer, publishing, disclosure,
distribution, display or transcription shall be null and void.
“Confidential Information” shall mean the Programs, any intellectual property of
Cloud Linux or any other information that characterizes as confidential at the
time of its disclosure either in writing or orally, except for information which
you can demonstrate: (a) is previously rightfully known to you without
restriction on disclosure; or (b) is or becomes, from no act or failure to act
on your part, generally known in the relevant industry or public domain. You
shall use your best efforts to preserve and protect the confidentiality of the
Confidential Information at all times, both during the term hereof and for a
period of at least 3 years after termination of this License Agreement,
provided, however, that any source code or trade secrets you receive shall be
held in confidence in perpetuity. You shall not disclose, disseminate or
otherwise publish or communicate Confidential Information to any person, firm,
corporation or other third party without the prior written consent of Cloud
Linux. You shall not use any Confidential Information other than in the as
expressly required to use the Programs in accordance with its standard use and
in accordance with all Product Information. You are required to notify Cloud
Linux in writing immediately upon discovery of any unauthorized use or
disclosure of Confidential Information or any other breach of this License
Agreement, and to cooperate with Cloud Linux in every reasonable way to regain
possession of Confidential Information and prevent any further unauthorized use.
If you are legally compelled to disclose any of the Confidential Information,
then, prior to such disclosure, you will (i) immediately notify Cloud Linux
prior to such disclosure to allow Cloud Linux an opportunity to contest the
disclosure, (ii) assert the privileged and confidential nature of the
Confidential Information, and (iii) cooperate fully with Cloud Linux in
protecting against any such disclosure and/or obtaining a protective order
narrowing the scope of such disclosure and/or use of the Confidential
Information. In the event such protection is not obtained, you shall disclose
the Confidential Information only to the extent necessary to comply with the
applicable legal requirements.
3. LIMITED WARRANTY; EXCLUSIVE REMEDIES.
Limited Warranty: Cloud Linux warrants that (i) the media on which the Programs
are furnished will be free from defects in materials and manufacture under
normal use of a period of 30 days from the date of delivery to you; and (ii)
Cloud Linux is the owner or authorized licensee of the Programs, or has the
rights to license the Programs to you.
No person other than Cloud Linux, in writing, is authorized to make any
representation or warranty to you regarding the Programs.
Exclusive Remedy: In the event of a breach of the limited warranty above, your
exclusive remedy relative to the Programs shall be for Cloud Linux, at Cloud
Linux’s option, to either: (i) replace the Programs that does not meet the
limited warranty; or (ii) refund to you the Programs license fees (and no other
fees) paid by you, during the 12 month period immediately preceding the breach
of the limited warranty, for the Programs which fails to comply with the limited
warranties.
4. DISCLAIMER; LIMITATION ON LIABILITY
Disclaimer: THE LIMITED WARRANTY ABOVE IS THE SOLE WARRANTY MADE BY CLOUD LINUX.
CLOUD LINUX MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED.
ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY CLOUD LINUX.
Limitation on Consequential Damages: IN NO EVENT SHALL CLOUD LINUX BE LIABLE TO
YOU, AS LICENSEE, OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL OR
INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION OR SIMILAR LOSSES) EVEN IF CLOUD
LINUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLOUD LINUX SHALL
HAVE NO LIABILITY OF ANY KIND RELATED TO YOUR DATA, INCLUDING, BUT NOT LIMITED
TO, THE LOSS OR DAMAGE THEREOF.
Limitation on Liability: THE CUMULATIVE LIABILITY OF CLOUD LINUX TO YOU FOR ALL
CLAIMS RELATED TO THE PROGRAMS AND THIS LICENSE AGREEMENT, INCLUDING ANY CAUSE
OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY SHALL NOT EXCEED THE
TOTAL AMOUNT OF ALL LICENSE FEES (AND NO OTHER FEES) PAID TO CLOUD LINUX FOR THE
PROGRAMS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL
EVENT GIVING RISE TO THE CLAIM. All limitations on liability, damages and claims
are intended to apply without regard to whether other provisions of this License
Agreement have been breached or have proven ineffective.
5. TERMINATION.
The license granted herein is effective until terminated. The license will
automatically terminate, without notice, if you fail to comply with any
provision of this License Agreement. Upon termination of this License Agreement,
all rights granted to you pursuant to this License Agreement will terminate and
revert to Cloud Linux. This license may be terminated at any time, for any
reason, by Cloud Linux. Cloud Linux’s maximum liability for any such termination
is to refund to you any prepaid fees.
6. PERSONAL INFORMATION CONTROL.
You agree to comply with all applicable laws, regulations, rulings and orders of
the EU, US and other countries (including but not limited to the EU’s GDPR) in
which you have operations relating to the protection, use, and distribution of
personal information of your users or visitors on any devices which have the
Program installed or stored. Further, you shall indemnify Cloud Linux for any
and all claims resulting from your violation of any such laws, regulations,
rulings, or orders.
7. EXPORT CONTROL.
You agree to comply with all applicable laws, regulations, rulings and executive
orders of the United States relating to the exportation or importation of any
copies of the Programs (including but not limited to the export and destination
control regulations of the Commerce and Treasury Department) and with all
applicable foreign laws relating to the use, importation, licensing or
distribution of copies of the Programs.
You acknowledge that Cloud Linux is subject to economic sanctions laws
(“Economic Sanctions Laws”), including but not limited to those enforced by the
U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the
European Union, and the United Kingdom. Accordingly, You shall comply with all
Economic Sanctions Laws, including, but not limited to, those of the United
States, the European Union, and the United Kingdom. You shall not provide access
to the Cloud Linux Products to any individuals identified on OFAC’s list of
Specially Designated Nationals (“SDN List”), the UK’s HM Treasury’s Consolidated
List of Sanctions Targets, or the EU’s Consolidated List of Persons, Groups, and
Entities Subject to EU Financial Sanctions (collectively “Sanctioned Parties”).
You shall not take any action which would place Cloud Linux in a position of
non-compliance with any such Economic Sanctions Laws. Furthermore, You represent
and warrants that (i) you have not in the past been, and will not be in the
future, be connected with any Sanctioned Parties, (ii) shall provide such
information regarding any individual or entity which you do business within any
location covered by Economic Sanction Laws upon request of Cloud Linux, and
(iii) shall promptly advise Cloud Linux of any activities which increases the
risk of your’s non-compliance with this Section 7 or Cloud Linux’ compliance
with Economic Sanctions Laws.
You agree to indemnify and hold Cloud Linux harmless from any loss, damages,
liability or expenses incurred by Cloud Linux as a result of your failure to
comply with any export regulations or restrictions or otherwise fails to comply
with this Section 7.
8. GENERAL.
This License Agreement shall be governed by and construed in accordance with the
laws of the State of Delaware and the United States, without regard to any
conflict of laws provisions. The rights and obligations of the parties to this
License Agreement shall not be governed by the United Nations Convention on the
International Sale of Goods.
No modification of this License Agreement shall be binding unless it is in
writing and is signed by an authorized representative of the party against whom
enforcement of the modification is sought; or in the event of Cloud Linux
updating this License Agreement; you agree to the modified terms through use of
a click through process.
Any notices required or permitted under this License Agreement shall be in
writing and delivered in person or sent by registered or certified mail, return
receipt requested, with proper postage affixed.
In the event that any term of this License Agreement is or becomes or is
declared to be invalid or void by any court or tribunal of competent
jurisdiction, such term shall be null and void and shall be deemed severed from
this License Agreement, and all the remaining terms of this License Agreement
shall remain in full force and effect.
Read the full text of EULA with all addendums at
https://cloudlinux.com/cloudlinuxos-eula/
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