<commit_before>TOWER SOFTWARE END USER LICENSE AGREEMENT

Unless otherwise agreed to, and executed in a definitive agreement, between Ansible, Inc. (“Ansible”) and the individual or entity (“Customer”) signing or electronically accepting these terms of use for the Tower Software (“EULA”), all Tower Software, including any and all versions released or made available by Ansible, shall be subject to the Ansible Software Subscription and Services Agreement found at www.ansible.com/subscription-agreement (“Agreement”). Ansible is not responsible for any additional obligations, conditions or warranties agreed to between Customer and an authorized distributor, or reseller, of the Tower Software. BY DOWNLOADING AND USING THE TOWER SOFTWARE, OR BY CLICKING ON THE “YES” BUTTON OR OTHER BUTTON OR MECHANISM DESIGNED TO ACKNOWLEDGE CONSENT TO THE TERMS OF AN ELECTRONIC COPY OF THIS EULA, THE CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THE TERMS OF THIS EULA AND AGREEMENT, INCLUDING ALL TERMS INCORPORATED HEREIN BY REFERENCE, AND THAT THIS EULA AND AGREEMENT IS EQUIVALENT TO ANY WRITTEN NEGOTIATED AGREEMENT BETWEEN CUSTOMER AND ANSIBLE. THIS EULA AND AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT USES OR AVAILS ITSELF OF THE TOWER SOFTWARE OR ANY PERSON OR ENTITY THAT USES THE OR AVAILS ITSELF OF THE TOWER SOFTWARE ON ANOTHER PERSON’S OR ENTITY’S BEHALF.<commit_msg>updated EULA text from rnalen<commit_after>ANSIBLE TOWER BY RED HAT END USER LICENSE AGREEMENT

This end user license agreement (“EULA”) governs the use of the Ansible Tower software and any related updates, upgrades, versions, appearance, structure and organization (the “Ansible Tower Software”), regardless of the delivery mechanism.  

1.  License Grant.  Subject to the terms of this EULA, Red Hat, Inc. and its affiliates (“Red Hat”) grant to you (“You”) a non-transferable, non-exclusive, worldwide, non-sublicensable, limited, revocable license to use the Ansible Tower Software for the term of the associated Red Hat Software Subscription(s) and in a quantity equal to the number of Red Hat Software Subscriptions purchased from Red Hat for the Ansible Tower Software (“License”), each as set forth on the applicable Red Hat ordering document.  You acquire only the right to use the Ansible Tower Software and do not acquire any rights of ownership. Red Hat reserves all rights to the Ansible Tower Software not expressly granted to You.  This License grant pertains solely to Your use of the Ansible Tower Software and is not intended to limit Your rights under, or grant You rights that supersede, the license terms of any software packages which may be made available with the Ansible Tower Software that are subject to an open source software license.  
 
2.  Intellectual Property Rights.  Title to the Ansible Tower Software and each component, copy and modification, including all derivative works whether made by Red Hat, You or on Red Hat's behalf, including those made at Your suggestion and all associated intellectual property rights, are and shall remain the sole and exclusive property of Red Hat and/or it licensors.  The License does not authorize You (nor may You allow any third party, specifically non-employees of Yours) to: (a) copy, distribute, reproduce, use or allow third party access to the Ansible Tower Software except as expressly authorized hereunder; (b) decompile, disassemble, reverse engineer, translate, modify, convert or apply any procedure or process to the Ansible Tower Software in order to ascertain, derive, and/or appropriate for any reason or purpose, including the Ansible Tower Software source code or source listings or any trade secret information or process contained in the Ansible Tower Software (except as permitted under applicable law); (c) execute or incorporate other software (except for approved software as appears in the Ansible Tower Software documentation or specifically approved by Red Hat in writing) into Ansible Tower Software, or create a derivative work of any part of the Ansible Tower Software; (d) remove any trademarks, trade names or titles, copyrights legends or any other proprietary marking on the Ansible Tower Software; (e) disclose the results of any benchmarking of the Ansible Tower Software (whether or not obtained with Red Hat’s assistance) to any third party; (f) attempt to circumvent any user limits or other license, timing or use restrictions that are built into, defined or agreed upon, regarding the Ansible Tower Software. You are hereby notified that the Ansible Tower Software may contain time-out devices, counter devices, and/or other devices intended to ensure the limits of the License will not be exceeded (“Limiting Devices”).  If the Ansible Tower Software contains Limiting Devices, Red Hat will provide You materials necessary to use the Ansible Tower Software to the extent permitted.  You may not tamper with or otherwise take any action to defeat or circumvent a Limiting Device or other control measure, including but not limited to, resetting the unit amount or using false host identification number for the purpose of extending any term of the License. 

3.  Evaluation Licenses. Unless You have purchased Ansible Tower Software Subscriptions from Red Hat or an authorized reseller under the terms of a commercial agreement with Red Hat, all use of the Ansible Tower Software shall be limited to testing purposes and not for production use (“Evaluation”). Unless otherwise agreed by Red Hat, Evaluation of the Ansible Tower Software shall be limited to an evaluation environment and the Ansible Tower Software shall not be used to manage any systems or virtual machines on networks being used in the operation of Your business or any other non-evaluation purpose.  Unless otherwise agreed by Red Hat, You shall limit all Evaluation use to a single 30 day evaluation period and shall not download or otherwise obtain additional copies of the Ansible Tower Software or license keys for Evaluation.

4.  Limited Warranty.  Except as specifically stated in this Section 4, to the maximum extent permitted under applicable law, the Ansible Tower Software and the components are provided and licensed “as is” without warranty of any kind, expressed or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose.  Red Hat warrants solely to You that the media on which the Ansible Tower Software may be furnished will be free from defects in materials and manufacture under normal use for a period of thirty (30) days from the date of delivery to You.  Red Hat does not warrant that the functions contained in the Ansible Tower Software will meet Your requirements or that the operation of the Ansible Tower Software will be entirely error free, appear precisely as described in the accompanying documentation, or comply with regulatory requirements. 

5.  Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, Your exclusive remedy under this EULA is to return any defective media within thirty (30) days of delivery along with a copy of Your payment receipt and Red Hat, at its option, will replace it or refund the money paid by You for the media.  To the maximum extent permitted under applicable law, neither Red Hat nor any Red Hat authorized distributor will be liable to You for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the Ansible Tower Software or any component, even if Red Hat or the authorized distributor has been advised of the possibility of such damages.  In no event shall Red Hat's liability or an authorized distributor’s liability exceed the amount that You paid to Red Hat for the Ansible Tower Software during the twelve months preceding the first event giving rise to liability.

6.  Export Control.  In accordance with the laws of the United States and other countries, You represent and warrant that You: (a) understand that the Ansible Tower Software and its components may be subject to export controls under the U.S. Commerce Department’s Export Administration Regulations (“EAR”); (b) are not located in any country listed in Country Group E:1 in Supplement No. 1 to part 740 of the EAR; (c) will not export, re-export, or transfer the Ansible Tower Software to any prohibited destination or to any end user who has been prohibited from participating in US export transactions by any federal agency of the US government;  (d) will not use or transfer the Ansible Tower Software for use in connection with the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, or sounding rockets or unmanned air vehicle systems; (e) understand and agree that if you are in the United States and you export or transfer the Ansible Tower Software to eligible end users, you will, to the extent required by EAR Section 740.17 obtain a license for such export or transfer and will submit semi-annual reports to the Commerce Department’s Bureau of Industry and Security, which include the name and address (including country) of each transferee; and (f) understand that countries including the United States may restrict the import, use, or export of encryption products (which may include the Ansible Tower Software) and agree that you shall be solely responsible for compliance with any such import, use, or export restrictions.

7.  General.  If any provision of this EULA is held to be unenforceable, that shall not affect the enforceability of the remaining provisions.  This agreement shall be governed by the laws of the State of New York and of the United States, without regard to any conflict of laws provisions. The rights and obligations of the parties to this EULA shall not be governed by the United Nations Convention on the International Sale of Goods. 

Copyright © 2015 Red Hat, Inc.  All rights reserved.  "Red Hat" and “Ansible Tower” are registered trademarks of Red Hat, Inc.  All other trademarks are the property of their respective owners.
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