Software Evaluation License Agreement

Effective date: Aprit 1st, 2019

This Software Evaluation License Agreement (the “Agreement”) is a legal agreement between you (either an individual or an entity) and Containous, SAS (“Company”) regarding the use of Company's Traefik Enterprise Edition software (the "Software"). By checking the user information and clicking the button marked "Send”, you agree to be bound by the terms of this Agreement.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU NEED TO CANCEL OUT BY CLICKING THE BUTTON MARKET “Cancel”, AND THE SOFTWARE WILL NOT BE DOWNLOADED.

Grant of License. This Agreement permits you to use one copy of the specified version of the Software, on only one computer, only for the purpose of your internal evaluation of the Software. Your right to use the Software is non-exclusive, non-transferable, and may be terminated at any time, for any reason or no reason, upon notice by Company.

Feedback. You may from time to time provide suggestions, comments or other feedback (“Feedback”) to Company with respect to the Software. Feedback, even if designated as confidential by you, will not, absent a separate written agreement, create any confidentiality obligation for Company. Company will be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback provided to it as it sees fit, without obligation or restriction of any kind.

Bug Reports. You will promptly provide Company with a report of any actual or potential error or bug in the Software. Company may, at its option and in its sole discretion, correct Software errors or bugs confirmed by Company to exist in the Software. This Agreement does not require Company to maintain or correct the Software.

Privacy. The information you submit shall be used in accordance with Containous’s privacy policies.

Copyright. The Software is owned by Company or its suppliers or licensors and is protected by United States copyright laws and international treaty provisions.  Therefore, you may not use, copy, or distribute the Software without authorization. Except for the rights expressly granted herein, Company retains all of its right, title and interest in and to the Software. You must not remove, alter, or obscure any proprietary notices contained on or within the Software and must reproduce such notices on any back-up copy of the Software.

Restrictions. You may not rent, lease, or loan the Software.  You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon the Software.

NO WARRANTIES. THE SOFTWARE IS LICENSED “AS IS.”  COMPANY MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SOFTWARE OR THE USE OR OPERATION THEREOF, AND SPECIFICALLY DIS CLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.  SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS SUPPLIERS OR COMPANYS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE (OR, IN THE EVENT THE SOFTWARE IS PROVIDED FREE OF CHARGE, $100).   THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

U.S. Government-Restricted Rights. The Software and accompanying documentation are deemed to be "commercial computer Software" and "commercial computer Software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

Export Restrictions. You may not download, export, or re-export the Software (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

General. This Agreement is governed by the laws of the United States and the State of California, without reference to conflict of laws principles.  Any dispute between you and Company regarding this Agreement will be subject to the exclusive venue of the state and federal courts located in Santa Clara County, California. This Agreement is the entire agreement between you and Company and supersedes any other communications or advertising with respect to the Software and documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect and will be reformed only to the extent necessary to cure such invalidity.