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   1 Please note: this document may contain more than one Proxmox end user
   2 license agreement and one or more third party end user license
   3 agreements. By indicating your acceptance, you are agreeing to the
   4 terms and conditions of all these agreements.
   5
   6 Proxmox Software License Agreement
   7
   8 Please read this agreement carefully. By installing or otherwise using
   9 the software (including its components), you agree to the terms of
  10 this agreement. If you do not agree with these terms, do not download,
  11 install or use the software. The software may not be sold,
  12 transferred, of further distributed without prior written
  13 authorization from Proxmox.
  14
  15 Rights and Licenses
  16
  17 This Proxmox Software License Agreement ("Agreement") is a legal
  18 agreement between you (an entity or a person) and Proxmox Server
  19 Solutions GmbH ("Proxmox") with respect to the software product
  20 identified in the title of this Agreement, media (if any) and
  21 accompanying documentation (collectively the "Software").
  22
  23 The Software is a collective work of Proxmox. You must acquire a
  24 license for each installation of the Software and for each additional
  25 copy (or partial copy) of the Software stored or loaded in memory or
  26 virtual memory beyond the initial copy necessary for execution of the
  27 Software installed on the hardware.
  28
  29 The Software is a modular operating system. Most of the components are
  30 open source packages, developed independently, and accompanied by
  31 separate license terms. Your license rights with respect to individual
  32 components accompanied by separate license terms are defined by those
  33 terms; nothing in this Agreement shall restrict, limit, or otherwise
  34 affect any rights or obligations you may have, or conditions to which
  35 you may be subject, under such license terms.
  36
  37 While the license terms for a component may authorize you to
  38 distribute the component, you may not use any Proxmox marks in
  39 distributing the component, whether or not the component contains
  40 Proxmox marks.
  41
  42 Other license terms and restrictions
  43
  44 The Software is protected by the copyright laws and treaties of
  45 Austria and other countries and is subject to the terms of this
  46 Agreement. The Software is licensed to you, not sold.
  47
  48 The Software may be bundled with other software programs ("Bundled
  49 Programs"). Your license rights with respect to Bundled Programs
  50 accompanied by separate license terms are defined by those terms;
  51 nothing in this Agreement shall restrict, limit, or otherwise affect
  52 any rights or obligations you may have, or conditions to which you may
  53 be subject, under such license terms.
  54
  55 Proxmox reserves all rights not expressly granted to you. You may not:
  56 (1) reverse engineer, decompile, or disassemble the Software except
  57 and only to the extent it is expressly permitted by applicable law or
  58 the license terms accompanying a component of the Software; or (2)
  59 transfer the Software or your license rights under this Agreement, in
  60 whole or in part.
  61
  62 Maintenance and support
  63
  64 Your rights with respect to updates, patches, or other materials
  65 received under a subscription to a Proxmox maintenance program for the
  66 Software are defined by the relevant maintenance program terms.
  67
  68 Proxmox has no obligation under this Agreement to provide maintenance
  69 or support for the Software. Depending on how you acquired the
  70 Software, you may have also acquired a maintenance subscription for
  71 the Software. For more information on Proxmox´s current maintenance
  72 and support offerings, see http://www.proxmox.com.
  73
  74 Ownership rights
  75
  76 No title to or ownership of the Software is transferred to
  77 you. Proxmox and/or its licensors owns and retains all title and
  78 ownership of all intellectual property rights in the Software,
  79 including any adaptations or copies. You acquire only a license to use
  80 the Software.
  81
  82 Warranty
  83
  84 The Software is being delivered to you "as is" and Proxmox makes no
  85 warranty as to its use or performance. Proxmox and its suppliers do
  86 not and cannot warrant the performance or results you may obtain by
  87 using the software. Except for any warranty, condition, representation
  88 or term to the extent to which the same cannot or may not be excluded
  89 or limited by law applicable to you in your jurisdiction, Proxmox and
  90 its suppliers make no warranties conditions, representations, or terms
  91 (express or implied whether by statute, common law, custom, usage or
  92 otherwise) as to any matter including without limitation
  93 non-infringement of third party rights, merchantability, integration,
  94 satisfactory quality, or fitness for any particular purpose.
  95
  96 The software is not designed, manufactured or intended for use or
  97 distribution with on- line control equipment in hazardous environments
  98 requiring fail-safe performance, such as in the operation of nuclear
  99 facilities, aircraft navigation, communication, or control systems, or
 100 other uses in which failure of the software could lead directly to
 101 death, personal injury, or severe physical or environmental damage.
 102
 103 The software is only compatible with certain computers and operating
 104 systems. The software is not warranted for non-compatible
 105 systems. Call Proxmox or your dealer for information about
 106 compatibility.
 107
 108 Non-Proxmox Products. The Software may include or be bundled with
 109 hardware or other software programs licensed or sold by a licensor
 110 other than Proxmox. Proxmox does not warrant non-Proxmox products. Any
 111 such products are provided on an "as is" basis. Any warranty service
 112 for Proxmox products is provided by the product licensor in accordance
 113 with the applicable licensor warranty.
 114
 115 Expect as otherwise restricted by law, Proxmox disclaims and excludes
 116 any and all implied warranties including any warranties of
 117 merchantability, title, non-infringement, or fitness for a particular
 118 purpose. Proxmox makes no warranty, representation or promise not
 119 expressly set forth in this limited warranty. Proxmox does not warrant
 120 that the software will satisfy your requirements or that the operation
 121 of the software will be uninterrupted. Some jurisdictions do not allow
 122 certain disclaimers and limitations of warranties, so portions of the
 123 above limitations may not apply to you. This limited warranty gives
 124 you specific rights and you may also have other rights which vary from
 125 state to state.
 126
 127 Limitation of liability
 128
 129 In no event will Proxmox or its suppliers be liable for any loss of
 130 data, loss of income, loss of opportunity or profits, cost of recovery
 131 or any other special, incidental, consequential or indirect damages
 132 arising out of or in connection with this agreement, or the use of the
 133 software, reference materials or accompanying documentation, however
 134 caused and on any theory of liability. This limitation will apply even
 135 if Proxmox, its suppliers or authorized distributors have been advised
 136 of the possibility of such damage.  In no event shall the liability of
 137 Proxmox exceed the amount paid for the licensed software at issue. You
 138 acknowledge that the license fee reflects this allocation of risk.
 139 Some jurisdictions do not allow the limitation or exclusion of
 140 liability for incidental or consequential damages, so the above
 141 limitation or exclusion may not apply to you.
 142
 143 General terms
 144
 145 Term. This Agreement becomes effective on the date you legally acquire
 146 the Software and will automatically terminate if you breach any of its
 147 terms. Upon termination of this Agreement, you must destroy the
 148 original and all copies of the Software or return them to Proxmox and
 149 delete the Software from your systems.
 150
 151 Benchmark Testing.  This benchmark testing restriction applies to you
 152 if you are a software vendor or if you are performing testing on the
 153 Software at the direction of or on behalf of a software vendor. You
 154 may not, without Proxmox's prior written consent not to be
 155 unreasonably withheld, publish or disclose to any third party the
 156 results of any benchmark test of the Software. If you are a vendor of
 157 products that are functionally similar to or compete with the Software
 158 ("Similar Products"), or are acting on behalf of such a vendor, and
 159 you publish or disclose benchmark information on the Software in
 160 violation of this restriction, then notwithstanding anything to the
 161 contrary in the Similar Product's end user license agreement, and in
 162 addition to any other remedies Proxmox may have, Proxmox shall have
 163 the right to perform benchmark testing on Similar Products and to
 164 disclose and publish that benchmark information and you hereby
 165 represent that you have authority to grant such right to Proxmox.
 166
 167 Transfer. This Agreement may not be transferred or assigned without
 168 the prior written approval of Proxmox.
 169
 170 Law and Jurisdiction. This Agreement is governed by the laws of
 171 Austria, Europe. Any action at law relating to this Agreement may only
 172 be brought before the courts of competent jurisdiction of Austria.
 173
 174 Entire Agreement. This Agreement and the Upgrade/Additive Agreement
 175 (if applicable) sets forth the entire understanding and agreement
 176 between you and Proxmox and may be amended only in a writing signed by
 177 both parties. No licensor, distributor, dealer, retailer, reseller,
 178 sales person, or employee is authorized to modify this agreement or to
 179 make any representation or promise that is different from, or in
 180 addition to, the terms of this agreement.
 181
 182 Waiver. No waiver of any right under this Agreement will be effective
 183 unless in writing, signed by a duly authorized representative of the
 184 party to be bound. No waiver of any past or present right arising from
 185 any breach or failure to perform will be deemed to be a waiver of any
 186 future right arising under this Agreement.
 187
 188 Severability. If any provision in this Agreement is invalid or
 189 unenforceable, that provision will be construed, limited, modified or,
 190 if necessary, severed, to the extent necessary, to eliminate its
 191 invalidity or unenforceability, and the other provisions of this
 192 Agreement will remain unaffected.
 193
 194 Export Compliance. Any person or entity exporting or re-exporting
 195 Proxmox products directly or indirectly and via any means, including
 196 electronic transfer, is wholly responsible for doing so in accordance
 197 with the Austrian Export Administration Regulations and the laws of
 198 host countries. Proxmox assumes no responsibility or liability for
 199 your failure to obtain any necessary export approvals. Approvals are
 200 dependent upon an item's technical characteristics, the destination,
 201 end-use and end-user, as well as other activities of the end user.
 202 Specifically, no Proxmox product may be exported to embargoed or
 203 otherwise restricted countries or end users. Please consult the Bureau
 204 of Industry and Security web page and other sources before exporting
 205 Proxmox products and familiarize yourself with the laws of destination
 206 countries before re-exporting Proxmox products. This provision shall
 207 survive the expiration or earlier termination of this Agreement.
 208
 209 Other. The application of the United Nations Convention of Contracts
 210 for the International Sale of Goods is expressly excluded.
 211
 212 (c) 2011 Proxmox Server Solutions GmbH, All Rights Reserved.