UNITYONECLOUD License Agreement UNITYONECLOUD END USER LICENSE AGREEMENT IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND UNITYONECLOUD.
USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE “SOFTWARE”) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
- LICENSE GRANT: UNITYONECLOUD grants you a license to use one copy of the version of this SOFTWARE on a single computer. “You” means the company, entity or individual whose funds are used to pay the license fee. “Use” means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE programming features. This license is not transferable to any other system, or to another organization or individual.
- OWNERSHIP. The SOFTWARE is owned and copyrighted by UNITYONECLOUD. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
- COPYRIGHT. The SOFTWARE and all rights, without limitation including proprietary rights therein, are owned by UNITYONECLOUD or its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of UNITYONECLOUD and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
- REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
- NO OTHER WARRANTIES. THE SOFTWARE PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. UNITYONECLOUD DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
- SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL UNITYONECLOUD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF UNITYONECLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL UNITYONECLOUD BE HELD LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, IN EXCESS OF THE LICENSE FEE PAID BY YOU, IF ANY.
- GOVERNING LAW. This agreement is governed by the laws of the State of Delaware. If for any provision or portion thereof of this License Agreement is found to be unenforceable by a court of competent jurisdiction, that provision shall be enforced in such manner as to effect the intention of the parties hereof, and the remainder of the License Agreement shall continue in full force and effect.
- GENERAL PROVISION. This is the entire agreement between you and UNITYONECLOUD, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This agreement shall automatically terminate upon failure by you to comply with its terms. UNITYONECLOUD, on its sole discretion, may modify this agreement in writing at any time.
This Acceptable Use Policy (“AUP”) is applicable to all Customers (individually a “Customer” and collectively “Customers”), including their direct or indirect end users that receive or use any service or resource from UNITYONECLOUD.
We at UNITYONECLOUD are extremely happy to have you onboard and trust you to use our services well/responsibly. Customer agrees not to, and not to allow third parties to use the Services:
- to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing Customer End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act).
- for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website).
- to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature.
- to interfere with the use of the Services, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users.
- to disable, interfere with or circumvent any aspect of the Services.
- to use the Services, or any interfaces provided with the Services, to access any other UNITYONECLOUD product or service in a manner that violates the terms of service of such other UNITYONECLOUD product or service.
- to hold UNITYONECLOUD or its affiliates up to public scorn or ridicule.
- to resell UNITYONECLOUD’s services, in whole or in part, to any entity or individual, without UNITYONECLOUD’s prior written consent, or misrepresenting your relationship with UNITYONECLOUD.
- to compromise the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services.
- to decipher any transmissions to or from the servers running the services
- to overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.).
- to Use “robots,” “spiders,” “offline readers,” or other automated systems to sends more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser.
- to go far beyond the use parameters for any given service as described in its corresponding documentation.
- to violate the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from our services.
- to access or search any part of the services by any means other than our publicly supported interfaces (for example, “scraping”).
- to use the services for generating or sending unsolicited communications, advertising, chain letters, or spam.
- to solicit our users for commercial purposes, unless expressly permitted by UNITYONECLOUD.
- to promote or advertise products or services other than your own without appropriate authorization.
- to post, upload, share, submit, or otherwise provide content that is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful.
- to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition. If a Customer becomes aware of any such prohibited activity, then Customer agrees to immediately
(i) notify UNITYONECLOUD, and
(ii) commence remediating the prohibited activity to the best of their ability.
Customers are responsible for ensuring that security controls are not circumvented by its acts or omissions.
UNITYONECLOUD may make reasonable modifications to this Policy from time to time by posting a new version of this document on the UNITYONECLOUD website at the current URL. Revisions are effective immediately upon posting.
Accordingly, we recommend that you visit the UNITYONECLOUD website regularly to ensure that your activities conform to the most recent version.
Questions about this Policy (e.g., whether any contemplated use is permitted) and reports of violations of this Policy should be directed to firstname.lastname@example.org.