End User License Agreement
Please read this End User License Agreement (a.k.a “EULA”, “License Agreement”) before You
purchase a License Key
for the Software and subsequently download and use the Software.
By purchasing a License Key and/or downloading and using the Software, You agree, without
reservation, to be
bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do
not purchase a
License Key and/or download and use the Software.
If You accept the terms and conditions in this EULA on behalf of a company or other legal
entity, You warrant
that You have full legal authority to accept the terms and conditions in this EULA on behalf
of such company or
other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract in your
country/states.
1. Definitions
- “We” a.k.a. “us”, or “redisant.com”. Developer(s) of Redisant.
- “Documentation” the detailed information about the Software, its features and the system
requirements as
made available on the website of redisant.com, as amended from time to time.
- “Open Source Software” any software that requires as a condition of use, copying,
modification and/or
distribution of such software that such software or other software incorporated into,
derived from or
distributed with such software (a) be disclosed or distributed in source code form, and
(b) be licensed for
the purpose of making and/or distributing derivative works, and (c) be redistributable
at no charge;
- “Full version” the license for the Software for the term specified on the webpage of the
store where You
purchase the license, or in any applicable agreement concerning the purchase of the
license (as stand-alone
product or as part of a subscription) to Use the Software.
- “Trial version” the license for the Software for the term of N days to Use the Stable
version of Software
for the sole purpose of testing and evaluating the Software. (N will be decided by us in
future).
- “Updates” any modified versions and updates of, and additions to the Software (excluding
upgrades of the
Software);
- “Major Update” updates that introduce major version number changes, for example, from
1.x to 2.x is a Major
Update, from 1.1.x to 1.2.x is not.
- “Use” the access, download, install, copy or get benefit from using the Software in
accordance with the
documentation.
- “You” you, the final and ultimate user of the Software or the authorized representative
of a company or
other legal entity that will be the final and ultimate user of the Software, and the
company or other legal
entity that will be the final and ultimate user of the Software, if applicable.
General
- This EULA applies to any licenses granted to You by us for the use of the Software.
- By purchasing a License Key for the Software and/or downloading and using the Software,
You enter into this
EULA with us.
2. Changes to the License Agreement and the Website/Product
- ZooKeeper Assistant is a work in progress, meaning that a lot will change in
the near future. We reserve the
right to update the Website and these Terms of Service from time to time, at our
discretion. We will make
sure to announce any major change in a prominent way.
- Your continued use of the ZooKeeper Assistant following the publishing of
updated License Agreement means that
you accept and agree to the changes.
- The published License Agreement not only applies to current beta versions, but also
applies to all versions
and future updates of ZooKeeper Assistant.
3. License
- We grant You a non-exclusive, non-transferable, limited, revocable license to Use the
Software in accordance
with this EULA. We reserve all rights not expressly granted to You.
- We are and remain the owner of any intellectual property rights with respect to the
Software. You shall not
acquire any ownership to the Software as result of Your purchase of the License Key or
Your Use of the
Software.
4. Permitted use and restrictions
- In order to be able to install the Software and receive Updates and upgrades, Your
computer shall have
access to the Internet
- You shall Use the Full version, or Trial version in accordance with applicable laws and
shall not:
- Use the Trial version on any system where the Trial version was previously Used
and expired;
- rent, lease, lend, sell, redistribute, sublicense or otherwise commercially
exploit the License Key,
the Full version or the Trial version;
- assign the License Key, the Full version or the Trial version without prior
written approval of
us;
- Use the Full version or Trial version for any unlawful or illegal activity, or
to facilitate an
unlawful or illegal activity;
- delete or alter any disclaimers, warnings, copyright or other proprietary
notices accompanying the
Software; or
- adapt (except as otherwise provided in this EULA), decompile, reverse engineer,
disassemble, attempt
to derive the source code of, modify or create derivative works of the Software
and the License Key
or any parts thereof, except to the extent permitted by applicable law.
- Exception: repackage (provide installation packages/scripts) ZooKeeper Assistant on Linux system is
allowed if
all contents (includes all binaries, resources files, scripts, etc) of ZooKeeper Assistant are not
modified or
deleted.
- We may modify the Software at any time at its sole discretion and without notice to You,
for example to
comply with applicable law or a court order, to avoid a third party infringement claim
or to provide Updates
and upgrades.
5. Maintenance and support
- We will notify You of any available Updates and upgrades.
- You will be entitled to receive Updates free of charge for unless it is a Major
Update.
- For a major update, You may need to pay an additional fee in order to be able to
download an upgrade. The
payment policy for major update will be announced by us when the upgrades are ready.
6. Use of data
7. Disclaimer
- You Use the Software at Your own risk and the entire risk as to satisfactory quality,
performance and
accuracy is with You.
- We are working hard on improving ZooKeeper Assistant, but we can’t guarantee
that is it bug free. Therefore,
your use of ZooKeeper Assistant is at your sole risk. The service is provided
“as is” and “as available”. We
disclaim all warranties of any kind, express or implied, including, without limitation,
the warranties of
merchantability, fitness for a particular purpose and non-infringement. We are not
liable for damages,
direct or consequential, resulting from your use of the Website, and you agree to
defend, indemnify and hold
us harmless from any claims, losses, liability costs and expenses (including but not
limited to attorney’s
fees) arising from your violation of any third-party’s rights. You acknowledge that you
have only a limited,
nonexclusive, nontransferable license to use the Website.
8. Liability limitation
- We and any third party that has been involved in the creation, production, or delivery
of the Software are
under no circumstances liable for consequential or indirect damages (including damage
for loss of profit,
business interruption, loss of data, and the like arising out of the use or inability to
use the Software).
- The limitations of liability referred to in clause 8.1 shall not apply in the event
that: (i) any negligence
on the part of ZooKeeper Assistant leads to death or physical injury or (ii)
damages arise from the intent,
willful misconduct or gross negligence of us or the management of us.
9. Termination
- This EULA will continue to be in force until the expiry or termination of the Full
version or Trial
version.
- The Full version or Trial version will terminate automatically at the end of the
applicable license term,
unless renewed or Activated prior to the end of the applicable license term.
- We are entitled to terminate the Full version or Trial version by blocking the License
Key during the
license term with immediate effect and without prior notice in the event You fail to
comply with the terms
in this EULA, in the event You fail to pay Your (subscription) fee for the License Key
within the applicable
payment term, or in the event ZooKeeper Assistant is required to do so by law
or an order of an applicable
court.
- Upon termination of the Full version or Trial version, You shall cease all use of the
Software and shall
destroy all copies thereof.
- You acknowledge that the provisions of this EULA, which by their nature are intended to
survive termination,
will remain in effect after termination of this EULA.
10. Feedback
We welcome any comment, question and communication at ra@redisant.com