License

Aventurin{e} license agreement

Copyright 2006-2016 SOLARSPEED.NET

Aventurin{e} is a Linux Virtualization Appliance software. It allows you to create, administer and run multiple virtual private servers on the same hardware. For that purpose it uses modified open source software from various sources - as well as proprietary software written by SOLARSPEED.NET. Parts of the GUI interface are based on the BlueOnyx codebase (www.blueonyx.it) which is licensed under the BlueOnyx modified Sun BSD license (shown at the bottom of this page). For the virtualization itself we use the open source software OpenVZ (www.openvz.org) created by SWsoft, Inc.

In order to use Aventurin{e} beyond the hosting of a single Virtual Private Server ('VPS') you have to obtain a license per hardware node from either SOLARSPEED.NET (or one of our authorized resellers) and you have to agree to the following license agreement:

Aventurin{e} license agreement:

THIS AGREEMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THIS SOFTWARE AND ASSOCIATED DOCUMENTATION THAT MICHAEL STAUBER (hereinafter referred to as "THE AUTHOR") IS FURNISHING OR MAKING AVAILABLE TO YOU WITH THIS AGREEMENT (COLLECTIVELY, THE "SOFTWARE"). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AND YOUR COMPANY (COLLECTIVELY, "YOU") ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. VARIOUS COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS PROTECT THE SOFTWARE. THIS AGREEMENT IS A LICENSE AGREEMENT THAT GIVES YOU LIMITED RIGHTS TO USE THE SOFTWARE AND NOT AN AGREEMENT FOR SALE OR FOR TRANSFER OF TITLE. THE AUTHOR RETAINS ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS AGREEMENT.

You may convey unaltered and verbatim copies of Aventurin{e} ISO images, RPMs and source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with Aventurin{e}. Violation of copyright law and software licensing agreements may be subject to criminal or civil action by the owner of the copyright.

1. LICENSE GRANT

1.0 Single VPS Usage: Upon the terms and conditions of this Agreement, the Author grants you a nonexclusive, nontransferable license to use the Software for purposes of operating Aventurin{e} to run a single Virtual Private Server ('VPS') and to manage it via the Aventurin{e} GUI interface.

1.1 Multiple VPS Usage: If you wish to use Aventurin{e} to run and manage more than a single Virtual Private Server (and manage it via the Aventurin{e} GUI), then you need to purchase an 'Aventurin{e} License Extension'. An 'Aventurin{e} License Extension' allows you to use Aventurin{e} to manage 5, 10, 15, 20 or an unlimited number of Virtual Private Servers per Aventurin{e} server and require a Mandatory Product Activation of said license extension on the Aventurin{e} server. An 'Aventurin{e} License Extension' is non-transferable, non-assignable and non-sublicensable.

1.2 Transfer of License. You may transfer or assign this Agreement in its entirety to a third party upon notice to SOLARSPEED.NET solely with respect to Monthly Licenses for the Software. A 'Aventurin{e} License Extension' may not be transferred or assigned under this Section 1.2.

2.0 Restrictions of Use.

2.1 Installation of Software Packages. The Software is licensed as a single product and none of the components in the Software may be separated for installation or use other than on the Licensed Server.

2.2 Back-Up Copy. If You make a back-up copy of the Software, such copy must be in machine-readable form and You must reproduce on such copy all Intellectual Property Right notices and any other proprietary legends on the original copy of the Software.

2.3 Commercial Use; Evaluation. If Your Pricing and Term Agreement provides for an Educational License, Non-Profit License or Trial Version License, You may not use the Software for any commercial purposes. Additionally, if Your Pricing and Term Agreement provides for a Trial Version License, You may only use the Software to review and evaluate the Software.

2.4 No Derivative Works; Reverse Engineering. You may not alter, merge, modify, prepare derivative works based upon, adapt or translate the Software in any manner whatsoever. Additionally, You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to any human-readable form, or use the Software to develop any application having the same primary functions as the Software.

2.5 Monitoring of Software.

2.5.1 Audit by SOLARSPEED.NET. You agree that SOLARSPEED.NET may audit Your use of the Software for compliance with this Agreement at any time via remote means. In the event that such audit reveals any use of the Software by You other than in compliance with the terms of this Agreement, Your Aventurin{e} license (including the 'Aventurin{e} License Extension') may be suspended, revoked or terminated by SOLARSPEED.NET without further notice.

2.5.2 Mandatory Product Activation. If You do not complete the Mandatory Product Activation process within 15 days after You first install the Software, SOLARSPEED.NET may in its sole discretion terminate this Agreement or suspend or disable access in whole or in part to the Software. 'Mandatory Product Activation' means the process by which You supply to SOLARSPEED.NET certain information during the installation or setup process of the Software. After You have completed the Mandatory Product Activation process, SOLARSPEED.NET will activate the Software allowing You to use the Software subject to the terms and conditions of this Agreement. After SOLARSPEED.NET activates the Software, such Software shall be deemed to be 'Activated' for purposes of this Agreement. The Mandatory Product Activation process may require the use of the Internet. You are responsible for any Internet access fees or telecommunication charges required for the activation or use of the Software.

2.5.3 Authentication System. The Software contains technological measures that, working in conjunction with SOLARSPEED.NET computer servers, are designed to prevent unlicensed or illegal use of the Software (collectively, the 'Authentication System'). You acknowledge and agree that such Authentication System allows SOLARSPEED.NET to (among other things) (a) monitor use of the Software by You and Third Party Users as set forth in Section 2.5.4 (SOLARSPEED.NET Usage Data); (b) verify that the Software is only used on the Licensed Server; (c) suspend or disable access to the Software in whole or in part in the event of a breach of this Agreement or in the event of a breach by a Third Party User of SOLARSPEED.NET-related provisions of a Third Party Agreement; and (d) terminate use of the Software upon the expiration or termination of this Agreement. You agree not to thwart, interfere with, circumvent or block the operation of any aspect of the Authentication System, including any communications between the Software and SOLARSPEED.NET??s computer servers. For the avoidance of doubt, the Software will not operate unless SOLARSPEED.NET from time to time verifies the Software using the Authentication System which requires the exchange of information between the Licensed Server and SOLARSPEED.NET over the Internet.

2.5.4 SOLARSPEED.NET Usage Data. You agree that, without further notice to You or any Third Party User, SOLARSPEED.NET may use technological means, including the Authentication System, to (a) monitor use of the Software as may be necessary to monitor for compliance with the terms of this Agreement; (b) collect language file modifications as provided in Section 3.6 (License to Language File Modifications); and (c) collect SOLARSPEED.NET Usage Data. SOLARSPEED.NET reserves the right to copy, access, store, disclose and use SOLARSPEED.NET Usage Data indefinitely in its sole discretion; provided, however, that in the event that SOLARSPEED.NET collects information concerning which features of the Software are most often used by You or Third Party Users, SOLARSPEED.NET will remove personally identifiable information (if any) from such data and copy, access, store, disclose and use such data solely for the purpose of improving the Software.

2.6 Additional Licenses. For the avoidance of doubt, You may not install or use the Software on any other servers or computers other than the Licensed Server. If You wish to install and use the Software on servers other than the Licensed Server, You will need to obtain a separate license for each additional server, including without limitation separate licenses for additional Virtual Private Servers.

2.7 Updates. The Software may automatically download and install updates from time to time from SOLARSPEED.NET. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules, completely new versions and additional products and services offered through or from the Software. You agree to receive such updates (and permit SOLARSPEED.NET to deliver these to You) as a condition to Your use of the Software.

2.8 License Exchange. You agree that this Agreement shall supersede any prior End-User License Agreement and between You and SOLARSPEED.NET applicable to the Software and that such prior End-User License Agreement is hereby terminated if (a) You previously purchased a license for the Software and are now purchasing a new license for the Software so that You may obtain additional technical support or updates during the Term of this Agreement; or (b) the copy of the Software You licensed with this Agreement is an upgrade to an earlier version of the Software. You may not continue to use the earlier version of the Software or transfer it to another person or entity.

3. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES

3.1 We warrant that the Software will substantially operate as described in the applicable program documentation for 1 year after you download/copy it to install on your hardware. If ordered, technical support can be provided based on the then current policies for the applicable services ordered. This Software is provided "as is" and these warranties do not guarantee that the Software will perform error-free or uninterrupted, or that we will correct all program errors. These warranties are exclusive and take the place of all other express or implied warranties or conditions including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose.

4. LIMITATION OF LIABILITY

Neither party shall be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, or data use. Our maximum liability for any damages whether in contract or tort will not exceed the fees which you have paid to us or are payable to us for this order, and if such damages result from your use of the Software or technical support, the liability shall be limited to the fees paid or payable for the Software or technical support.

5. Term and Termination.

5.1 Term. This Agreement shall be effective on the Effective Date until terminated. You may terminate it at any other time by deleting the Software together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to delete the Software together with all copies, modifications and merged portions in any form. The Author reserves the right to suspend or terminate any license in case of gross violations such as – but not limiting to: Release of the software to third parties, release of the license code and/or serial number to third parties, usage of the same license and serial combination on more servers than authorized, distribution of unauthorized copies of the software or its documentation.

5.2 Termination. SOLARSPEED.NET may terminate this Agreement (a) in the event of Your breach of this Agreement (or a Third Party User??s breach of a provision of a Third Party Agreement relating to the Software or SOLARSPEED.NET) without notice to You; (b) as set forth in Section 1.1 ('Aventurin{e} License Extension'); or (c) immediately without notice in the event of Your material breach of this Agreement (or a Third Party User??s breach of a material provision of a Third Party Agreement relating to the Software or SOLARSPEED.NET). You acknowledge and agree that any breach by You or any Third Party User of the following provisions of the Agreement or any related provisions of a Third Party Agreement shall each constitute a material breach: (i) use of the Software in excess of the license grant in Section 1.0 (License Grant) and/or 1.1 ('Aventurin{e} License Extension'); (ii) any purported or attempted assignment, transfer, sale or other disposition or delegation of the Software in violation of Section 2.3 (Transfer of License) or Section 9.8 (Assignment); (iii) any violation of Section 2.4 (Restrictions of Use) including without limitation Section 2.4 (No Derivative Works; Reverse Engineering); (iv) any violation of Section 2.5 (Monitoring of Software) including without limitation any attempt, whether successful or not, to thwart, interfere with, circumvent or block the operation of any aspect of the Authentication System; (v) any conduct inconsistent with the SOLARSPEED.NET IP Rights; (vi) any breach of Section 4. Additionally, a material breach by You of any agreement or contract between You and SOLARSPEED.NET, including without limitation a breach of SOLARSPEED.NET??s Trademark Usage Policy, any applicable EULA, the Technical Support Agreement or the Partner NOC Agreement shall be deemed a material breach of this Agreement and shall give rise to SOLARSPEED.NET??s right to terminate as set forth in this Section 5.2. The foregoing list of material breaches is a nonexclusive list.

5.6 Effect of Termination. Upon the expiration or termination of this Agreement for any reason, (a) You must destroy all copies of the Software, including any back-up copy; (b) You must uninstall or delete the Software from the Licensed Server; and (c) SOLARSPEED.NET may without notice and in its sole discretion terminate, suspend or disable access to the Software by You or any Third Party User.

5.7 Survival. Sections 1 (Definitions), 2.5 (Monitoring of Software), 3 (Intellectual Property Rights), 4 (Payments), 5 (Term and Termination), 6.3 (Disclaimer), 7 (Limitation on Liability), 8 (Indemnification) and 9 (Miscellaneous) shall survive the termination or expiration of this Agreement for any reason.

6. GENERAL

If any provision of this Agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement which shall remain in full force and effect.

You may not sublicense, assign or transfer the license or the Software except as expressly provided in this Agreement. Any attempt to otherwise sublicense, assign or transfer any of the rights, duties or obligations hereunder is null and void.

Copyright 2006-2016 Michael Stauber of SOLARSPEED.NET.
All Rights Reserved.

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