nexus-3.21.2-03-win64.zip

END USER LICENSE AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY YOU MUST BE AUTHORIZED TO BIND THE ENTITY REQUESTING ACCESS TO THE PRODUCTS ("COMPANY") AND, AS SUCH, BY CLICKING ON THE "I ACCEPT" (OR SIMILAR CONSENT) BUTTON, COMPANY HEREBY ACCEPTS ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "AGREEMENT"). COMPANY AGREES THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF COMPANY. IF COMPANY DOES NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT CLICK TO ACCEPT OR OTHERWISE (A) DOWNLOAD, INSTALL OR USE ALL OR ANY PORTION OF THE PRODUCT, OR (B) ACCEPT OR USE ALL OR ANY PORTION OF THE SERVICES (INCLUDING PRODUCT MAINTENANCE). COMPANY WILL NOT BE GIVEN ACCESS TO ANY PRODUCT OR SERVICES UNLESS AND UNTIL COMPANY ACCEPTS THE TERMS OF THIS AGREEMENT. IF COMPANY HAS PAID A SUBSCRIPTION FEE FOR USE OF ANY PRODUCT AND DOES NOT AGREE TO THESE TERMS, YOU MAY RETURN SUCH PRODUCTS FOR A FULL REFUND PROVIDED YOU (A) DO NOT ACCESS OR USE THE PRODUCT AND (B) RETURN THE PRODUCT WITHIN THIRTY (30) DAYS OF YOUR INITIAL PURCHASE. IF COMPANY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH SONATYPE FOR USE OF THE PRODUCT OR SERVICES, THE TERMS AND CONDITIONS OF SUCH OTHER AGREEMENT SHALL PREVAIL OVER ANY CONFLICTING TERMS OR CONDITIONS IN THIS AGREEMENT. This Agreement is entered into by Company and Sonatype, Inc. ("Sonatype") and governs Company's use of and access to all Products to which Company has requested access and/or for which Company has purchased a subscription as well as the provision of related Services. DEFINITIONS "Affiliates" means any entity that is controlled by, under the control of, or under common control with a Party where "control" means ownership of, or the right to control, greater than 50% of the voting securities of such entity. "Application" means any computer software application. "Application ID" means the unique identifier that is assigned to each Application Scan Unit for purposes of being scanned by a Product. "Application Scan Unit" means an Application, or any part thereof, that is assigned a unique Application ID for purposes of being scanned by a Product. "Contractor" means any third party engaged by Company to perform services for the benefit of Company. "Data Feed" means any and all data, including data related to open source projects, components, and metadata, that is developed, maintained and/or curated by Sonatype and made available by Sonatype to Company, whether via one or more Product(s), the Reports, or otherwise. "Documentation" means the user guide and technical specifications for the Products delivered by Sonatype along with the Products as may be updated by Sonatype from time to time. "Effective Date" means the date on which Customer accepts the terms and conditions of this Agreement by clicking the "I Accept" button. "Open Source Software" means any third-party open source software or other similar community or free software (including software code licensed under any version of the GNU GPL, MIT, Mozilla or Apache licenses). "Order Form" means a document governing purchases made by Company hereunder of Product Subscriptions and/or related Training Services that is accepted by each Party pursuant to the terms set forth therein. "Ordering Document" means any and all Order Forms and/or Renewal Quotes, collectively and/or individually. "Product" means Sonatype’s software application(s): (a) identified in one or more Ordering Document(s) (including any and all related Data Feed(s)) and for which Company purchases a Subscription pursuant to the terms of this Agreement; or (b) to which Sonatype grants Company access for the sole purposes of evaluating such software application in accordance with Section 2 below. "Product Maintenance" means the support and maintenance services to be performed by Sonatype as further set forth in this Agreement. "Renewal Quote" means a document governing renewal purchases of Product Subscriptions and/or related Training Services made by Company hereunder that is accepted by each Party pursuant to the terms set forth therein. "Reports" means any reports or other data generated by the Products by, for, and/or on behalf of Company. "Software Component Identifiers" means certain software binaries, header files, hashed data and/or other metadata that serve to identify a software component. "Subscription" means the right and license granted to Company by Sonatype to use the Products in accordance with the terms of this Agreement during the specified Subscription Term. "Subscription Term" has the meaning set forth in Section 11(b) of this Agreement. "User" means an individual for whom a Subscription for the Products must be purchased as required in this Agreement, including Section 3(c) hereof. Sonatype and Company may be referred to individually in this agreement as a "Party" or collectively as the "Parties." FREE TRIAL With regard to any permitted access to and use of the Products by Company related to a free trial, evaluation, license key extension or other non-production use authorized by Sonatype (the "Free Use"), Sonatype agrees to make such Products available to Company for a term to expire on the earlier of: (a) the end of the free trial period for which you registered to use the Product; or (b) the start date of any Subscriptions for such Product purchased by Company from Sonatype (the "Free Use Period"). Additional terms and conditions governing such Free Use may be imposed by Sonatype, and any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. ANY DATA THAT COMPANY ENTERS INTO THE PRODUCTS, AND ANY PERMITTED CUSTOMIZATIONS MADE TO THE PRODUCTS BY OR FOR COMPANY, DURING THE FREE USE PERIOD WILL BE PERMANENTLY LOST UNLESS (a) COMPANY PURCHASES A SUBSCRIPTION TO THE SAME PRODUCTS AS THOSE COVERED BY THE FREE USE OR (b) EXPORTS SUCH DATA BEFORE THE END OF THE FREE USE PERIOD. COMPANY CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE USE PERIOD TO A PRODUCT THAT WOULD BE A DOWNGRADE FROM THAT USED DURING THE FREE USE PERIOD AND, THEREFORE, IF COMPANY PURCHASES A PRODUCT THAT WOULD BE A DOWNGRADE COMPANY MUST EXPORT ITS DATA BEFORE THE END OF THE FREE USE PERIOD OR IT WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 8 (WARRANTIES AND DISCLAIMERS), DURING THE FREE USE PERIOD THE PRODUCTS ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY. PRODUCTS Order Forms; Delivery. Each Ordering Document shall form a part of this Agreement and be subject to the terms and conditions set forth herein. All Products and Documentation shall be delivered by electronic means ("Delivery"). Company agrees that Company’s purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Sonatype regarding future functionality or features. License; Subscriptions. Sonatype grants to Company a non-transferable, non-assignable (except as otherwise stated in Section 13(h)), non-sublicensable, non-exclusive, limited license to use the Products for Company’s internal business purposes only, subject to the terms of this Agreement and the applicable Ordering Document. Any additional Subscriptions purchased by Company during a Subscription Term will be prorated for the remainder of that Subscription Term and will terminate on the date on which the Subscription Term expires. Company agrees that the Products will only be used in accordance with the Documentation and that it will be responsible for all use of the Products on Company’s behalf by its employees and Contractors. User-Based Subscriptions. With regard to Subscriptions that are purchased by Company on a per-User basis as specified in the applicable Ordering Document, unless otherwise specified in the Ordering Document, (i) a separate Subscription must be purchased for