5/17/21: This license applies to the Upbound  Universal Crossplane, Upbound CLI, and XGQL products. Upbound Universal Crossplane is available at https://github.com/upbound/universal-crossplane under the Apache 2.0 license at https://github.com/upbound/universal-crossplane/blob/main/LICENSE.Upbound CLI is available at  https://github.com/upbound/up under the Apache 2.0 license at https://github.com/upbound/up/blob/main/LICENSE. XGQL is available at https://github.com/upbound/xgql under the Apache 2.0 license at github.com/upbound/xgql/blob/main/LICENSE.

UPBOUND SOFTWARE LICENSE AGREEMENT

 

THESE LICENSE TERMS ARE AN AGREEMENT BETWEEN YOU AND UPBOUND, INC. (“UPBOUND”).

 

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING SOFTWARE FROM UPBOUND. BY USING UPBOUND SOFTWARE, YOU SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS END USER LICENSE AGREEMENT AND ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS. AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS END USER LICENSE AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT USE THE UPBOUND SOFTWARE.

 

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.

  1. SCOPE OF LICENSE. This license applies to the Upbound software and any related updates, components, and organization (the “Product”) that include or refer to this license regardless of the delivery mechanism. Source code for Upbound open source components are available at https://github.com/upbound and https://github.com/crossplane under the Apache License 2.0 license agreement. The software Product is licensed, not sold. This agreement only gives you some rights to use the software. Upbound reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:
  1. INSTALLATION AND USE RIGHTS.
  1. General. You may use any number of copies of the software to develop, test and deploy your applications.
  2. Demo use. The uses permitted above include use of the software in demonstrating your applications.
  3. Third-Party Components. The software may include third-party components with separate legal notices or governed by other agreements, as may be described in the Third Party Notices file accompanying the software.
  4. Extensions. The software Product may give you the option to download other Upbound and third-party software packages from our repository service or other package managers. Those packages are under their own licenses, and not this agreement. Upbound does not distribute, license or provide any warranties for any of the third-party packages. By accessing or using our repository service, you agree to the terms of service located at upbound.io/terms.
  1. UPDATES. The software Product may periodically check for updates from our repository service or other package managers and download and install them for you. You may obtain updates only from Upbound or authorized sources. If you do not want automatic updates, you may turn them off by following the instructions in the documentation.
  2. SUPPORT SERVICES. Because this software Product is “as is,” we may not provide support services for it.
  3. INTELLECTUAL PROPERTY RIGHTS. The Products and each of their components are owned by Upbound and other licensors and are protected under copyright law and under other laws as applicable. Title to the Products and any component, or to any copy, modification, or merged portion shall remain with Upbound and other licensors, subject to the applicable license. The “Upbound” trademark, the individual Product trademarks, and the “Upbound” logo are trademarks or registered trademarks of Upbound and its affiliates in the U.S. and other countries. This license agreement does not permit you to distribute the Products using Upbound's trademarks, regardless of whether they have been modified. You may make a commercial redistribution of the Products only if permitted under a separate written agreement with Upbound authorizing such commercial redistribution.
  4. FEEDBACK. If you give feedback about the software to Upbound, you give to Upbound, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. These rights survive this agreement.
  1. DATA COLLECTION. The software Product may collect information about you and your use of the software and send that to Upbound. Upbound may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios as described in the product documentation. Our privacy statement is located at upbound.io/privacy. You can learn more about data collection and use in the Product documentation and our privacy statement. Your use of the software operates as your consent to these practices.
  2. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
  3. EXPORT RESTRICTIONS. You understand that the software provided under this agreement may contain encryption technology and other software programs that may require an export license from the U.S. State Department and that export or re-export of the software to certain entities (such as a foreign government and its subdivisions) and certain countries is prohibited. You agree that you will comply with all applicable export and import control laws and regulations of the United States and the foreign jurisdiction in which the software is used and, in particular, you will not export or reexport the software without all required United States and foreign government licenses. You will defend, indemnify, and hold harmless Upbound and its suppliers and licensors from and against any violation of such laws or regulations by you or any of your agents, officers, directors or employees.
  4. APPLICABLE LAW. If you acquired the software in the United States, Washington State law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply.
  1. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Upbound gives no express warranties, guarantees or conditions. To the extent permitted under your local laws, Upbound excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Upbound and its suppliers only direct damages up to U.S. $100.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to (a) anything related to the software, services, content (including code) on third-party Internet sites, or third-party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Upbound knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.