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End User License Agreement (EULA)

ParaTools Pro for E4S

Last Updated: January 5, 2025

This End User License Agreement ("Agreement") is a legal agreement between you ("Licensee" or "You") and ParaTools, Inc. ("ParaTools," "We," or "Licensor") governing your use of the software distribution known as ParaTools Pro for E4S ("Software").

By installing, accessing, or using the Software, You agree to be bound by the terms of this Agreement.

1. License Grant

Subject to the terms of this Agreement and payment of applicable fees, ParaTools grants You a non-exclusive, non-transferable, non-sublicensable, limited license to install and use the Software solely for Your business or research purposes.

The Software may be deployed:

  • Via supported cloud marketplaces, including Amazon Web Services (AWS), Google Cloud Platform (GCP), Microsoft Azure, IBM Cloud, and Oracle Cloud Infrastructure (OCI); and
  • Using supported execution environments, including:
  • Adaptive Computing’s Hiedi interface, or
  • Native HPC clustering services provided by the applicable cloud provider, e.g., AWS Parallel Cluster.

2. Software Description and Open-Source Components

ParaTools Pro for E4S is a commercial software distribution based on the E4S (Ecosystem for Science) software ecosystem.

  • The Software includes, aggregates, or depends upon open-source software components, each of which is licensed under its own applicable open-source license.
  • Nothing in this Agreement limits Your rights under the licenses governing such open-source components.
  • Copies of applicable open-source licenses are provided with the Software or made available upon request.

ParaTools does not grant any ownership rights in the E4S project or its constituent open-source components.

3. Restrictions

You shall not, and shall not permit any third party to:

  • Reverse engineer, decompile, or disassemble the Software, except to the extent expressly permitted by applicable law;
  • Modify, adapt, or create derivative works of the proprietary portions of the Software;
  • Redistribute, resell, sublicense, rent, lease, or otherwise make the Software available to third parties except as expressly authorized by ParaTools;
  • Use the Software in violation of applicable laws or cloud marketplace terms.

4. Cloud Marketplace Terms

If You obtain the Software through a cloud marketplace, the applicable marketplace provider’s terms (including billing, metering, and acceptable use policies) apply in addition to this Agreement.

In the event of a conflict between this Agreement and the marketplace terms, the marketplace terms shall govern only with respect to billing and platform usage.

5. Ownership

The Software is licensed, not sold.

  • ParaTools retains all right, title, and interest in and to the proprietary portions of the Software, including all intellectual property rights therein.
  • All rights not expressly granted to You are reserved by ParaTools.

6. Support and Updates

Support, maintenance, and updates (if any) are provided only if You have an active commercial agreement or subscription with ParaTools.

ParaTools may modify or discontinue features of the Software at its discretion, subject to any separate written agreement.

7. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARATOOLS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL PARATOOLS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT.

PARATOOLS’ TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Termination

This Agreement is effective until terminated.

  • Your rights under this Agreement automatically terminate if You breach any provision.
  • Upon termination, You must cease all use of the Software and destroy all proprietary copies in Your possession or control.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflict of laws principles.

11. Contact Information

For questions regarding this Agreement or the Software, contact:

ParaTools, Inc.
support@paratools.com
www.paratools.com