Please note: this document may contain more than one Proxmox end user
license agreement and one or more third party end user license
agreements. By indicating your acceptance, you are agreeing to the
terms and conditions of all these agreements.

Proxmox Software License Agreement

Please read this agreement carefully. By installing or otherwise using
the software (including its components), you agree to the terms of
this agreement. If you do not agree with these terms, do not download,
install or use the software. The software may not be sold,
transferred, of further distributed without prior written
authorization from Proxmox.

Rights and Licenses

This Proxmox Software License Agreement ("Agreement") is a legal
agreement between you (an entity or a person) and Proxmox Server
Solutions GmbH ("Proxmox") with respect to the software product
identified in the title of this Agreement, media (if any) and
accompanying documentation (collectively the "Software").

The Software is a collective work of Proxmox. You must acquire a
license for each installation of the Software and for each additional
copy (or partial copy) of the Software stored or loaded in memory or
virtual memory beyond the initial copy necessary for execution of the
Software installed on the hardware.

The Software is a modular operating system. Most of the components are
open source packages, developed independently, and accompanied by
separate license terms. Your license rights with respect to individual
components accompanied by separate license terms are defined by those
terms; nothing in this Agreement shall restrict, limit, or otherwise
affect any rights or obligations you may have, or conditions to which
you may be subject, under such license terms.

While the license terms for a component may authorize you to
distribute the component, you may not use any Proxmox marks in
distributing the component, whether or not the component contains
Proxmox marks.

Other license terms and restrictions

The Software is protected by the copyright laws and treaties of
Austria and other countries and is subject to the terms of this
Agreement. The Software is licensed to you, not sold.

The Software may be bundled with other software programs ("Bundled
Programs"). Your license rights with respect to Bundled Programs
accompanied by separate license terms are defined by those terms;
nothing in this Agreement shall restrict, limit, or otherwise affect
any rights or obligations you may have, or conditions to which you may
be subject, under such license terms.

Proxmox reserves all rights not expressly granted to you. You may not:
(1) reverse engineer, decompile, or disassemble the Software except
and only to the extent it is expressly permitted by applicable law or
the license terms accompanying a component of the Software; or (2)
transfer the Software or your license rights under this Agreement, in
whole or in part.

Maintenance and support

Your rights with respect to updates, patches, or other materials
received under a subscription to a Proxmox maintenance program for the
Software are defined by the relevant maintenance program terms.

Proxmox has no obligation under this Agreement to provide maintenance
or support for the Software. Depending on how you acquired the
Software, you may have also acquired a maintenance subscription for
the Software. For more information on Proxmox´s current maintenance
and support offerings, see http://www.proxmox.com.

Ownership rights

No title to or ownership of the Software is transferred to
you. Proxmox and/or its licensors owns and retains all title and
ownership of all intellectual property rights in the Software,
including any adaptations or copies. You acquire only a license to use
the Software.

Warranty

The Software is being delivered to you "as is" and Proxmox makes no
warranty as to its use or performance. Proxmox and its suppliers do
not and cannot warrant the performance or results you may obtain by
using the software. Except for any warranty, condition, representation
or term to the extent to which the same cannot or may not be excluded
or limited by law applicable to you in your jurisdiction, Proxmox and
its suppliers make no warranties conditions, representations, or terms
(express or implied whether by statute, common law, custom, usage or
otherwise) as to any matter including without limitation
non-infringement of third party rights, merchantability, integration,
satisfactory quality, or fitness for any particular purpose.

The software is not designed, manufactured or intended for use or
distribution with on- line control equipment in hazardous environments
requiring fail-safe performance, such as in the operation of nuclear
facilities, aircraft navigation, communication, or control systems, or
other uses in which failure of the software could lead directly to
death, personal injury, or severe physical or environmental damage.

The software is only compatible with certain computers and operating
systems. The software is not warranted for non-compatible
systems. Call Proxmox or your dealer for information about
compatibility.

Non-Proxmox Products. The Software may include or be bundled with
hardware or other software programs licensed or sold by a licensor
other than Proxmox. Proxmox does not warrant non-Proxmox products. Any
such products are provided on an "as is" basis. Any warranty service
for Proxmox products is provided by the product licensor in accordance
with the applicable licensor warranty.

Expect as otherwise restricted by law, Proxmox disclaims and excludes
any and all implied warranties including any warranties of
merchantability, title, non-infringement, or fitness for a particular
purpose. Proxmox makes no warranty, representation or promise not
expressly set forth in this limited warranty. Proxmox does not warrant
that the software will satisfy your requirements or that the operation
of the software will be uninterrupted. Some jurisdictions do not allow
certain disclaimers and limitations of warranties, so portions of the
above limitations may not apply to you. This limited warranty gives
you specific rights and you may also have other rights which vary from
state to state.

Limitation of liability

In no event will Proxmox or its suppliers be liable for any loss of
data, loss of income, loss of opportunity or profits, cost of recovery
or any other special, incidental, consequential or indirect damages
arising out of or in connection with this agreement, or the use of the
software, reference materials or accompanying documentation, however
caused and on any theory of liability. This limitation will apply even
if Proxmox, its suppliers or authorized distributors have been advised
of the possibility of such damage.  In no event shall the liability of
Proxmox exceed the amount paid for the licensed software at issue. You
acknowledge that the license fee reflects this allocation of risk.
Some jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.

General terms

Term. This Agreement becomes effective on the date you legally acquire
the Software and will automatically terminate if you breach any of its
terms. Upon termination of this Agreement, you must destroy the
original and all copies of the Software or return them to Proxmox and
delete the Software from your systems.

Benchmark Testing.  This benchmark testing restriction applies to you
if you are a software vendor or if you are performing testing on the
Software at the direction of or on behalf of a software vendor. You
may not, without Proxmox's prior written consent not to be
unreasonably withheld, publish or disclose to any third party the
results of any benchmark test of the Software. If you are a vendor of
products that are functionally similar to or compete with the Software
("Similar Products"), or are acting on behalf of such a vendor, and
you publish or disclose benchmark information on the Software in
violation of this restriction, then notwithstanding anything to the
contrary in the Similar Product's end user license agreement, and in
addition to any other remedies Proxmox may have, Proxmox shall have
the right to perform benchmark testing on Similar Products and to
disclose and publish that benchmark information and you hereby
represent that you have authority to grant such right to Proxmox.

Transfer. This Agreement may not be transferred or assigned without
the prior written approval of Proxmox.

Law and Jurisdiction. This Agreement is governed by the laws of
Austria, Europe. Any action at law relating to this Agreement may only
be brought before the courts of competent jurisdiction of Austria.

Entire Agreement. This Agreement and the Upgrade/Additive Agreement
(if applicable) sets forth the entire understanding and agreement
between you and Proxmox and may be amended only in a writing signed by
both parties. No licensor, distributor, dealer, retailer, reseller,
sales person, or employee is authorized to modify this agreement or to
make any representation or promise that is different from, or in
addition to, the terms of this agreement.

Waiver. No waiver of any right under this Agreement will be effective
unless in writing, signed by a duly authorized representative of the
party to be bound. No waiver of any past or present right arising from
any breach or failure to perform will be deemed to be a waiver of any
future right arising under this Agreement.

Severability. If any provision in this Agreement is invalid or
unenforceable, that provision will be construed, limited, modified or,
if necessary, severed, to the extent necessary, to eliminate its
invalidity or unenforceability, and the other provisions of this
Agreement will remain unaffected.

Export Compliance. Any person or entity exporting or re-exporting
Proxmox products directly or indirectly and via any means, including
electronic transfer, is wholly responsible for doing so in accordance
with the Austrian Export Administration Regulations and the laws of
host countries. Proxmox assumes no responsibility or liability for
your failure to obtain any necessary export approvals. Approvals are
dependent upon an item's technical characteristics, the destination,
end-use and end-user, as well as other activities of the end user.
Specifically, no Proxmox product may be exported to embargoed or
otherwise restricted countries or end users. Please consult the Bureau
of Industry and Security web page and other sources before exporting
Proxmox products and familiarize yourself with the laws of destination
countries before re-exporting Proxmox products. This provision shall
survive the expiration or earlier termination of this Agreement.

Other. The application of the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.

(c) 2011 Proxmox Server Solutions GmbH, All Rights Reserved.