Anaconda repository end user license agreement (AER 2.31)

Anaconda repository (“the Software Product”) comprises a collection of proprietary software packages as well as subscription rights to network repositories maintained by Continuum as well as accompanying documentation. The Software Product is licensed and not sold and is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Continuum Analytics, Inc or its subsidiaries, affiliates, and suppliers (collectively “Continuum ”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, distribute, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY ACCESSING THE REPOSITORY OR DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE GIVEN ACCESS TO THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

Other vendor tools

In addition to Continuum’s proprietary software, the Software Product contains or references other software packages from other sources (“Other Vendor Tools”). These are available on an “as is” basis and subject to their individual license agreements. These licenses are available in the package distributed with the Software Product or at http://docs.continuum.io/anaconda/pkg-docs.html. Any binary packages of Other Vendor Tools you obtain via the Software Product are subject to their individual licenses as well as the terms of this EULA where applicable. Continuum reserves the right to change which Other Vendor Tools are provided in the Software Product.

Anaconda repository subscription

Anaconda repository is sold as an annual subscription. Upon receipt of your annual subscription payment (or monthly installment) you will be provided with access to a private collection of packages containing software and additional material for your use in maintaining and deploying software across your organization and to your customers. You will also obtain access to private collections of supported older versions of Anaconda which may not exist in the free and public repositories. Your rights to access this collection and use or benefit from the materials obtained from that repository end when the subscription terminates. You may continue to use and benefit from all public Anaconda binary packages, however your extended redistribution rights as described below will expire at the end of your subscription term.

Anaconda repository license supplants Anaconda license

With a fully-paid subscription and license to Anaconda repository, this license replaces the Anaconda license for you regardless of how you obtain Anaconda and any packages included in Continuum’s free repositories.

Enhanced Anaconda redistribution rights

Anaconda repository gives you enhanced rights associated with the binaries available in Anaconda which includes Continuum’s freely available binary distribution of Python and also encompasses Continuum’s repository of freely available binary packages for Python. For the purposes of this section, these Anaconda binaries also may include binaries of open-source packages obtained from private collections provided only to Anaconda repository subscribers. This section does not apply to proprietary Anaconda Add-Ons whether from Continuum or Third-Party Vendors.

You may redistribute the Anaconda binary packages you obtain while you have a fully-paid subscription to Anaconda repository. You may redistribute these binaries (“Anaconda-Derived Binaries”) with or without modification, in source or binary form without any further requirement other than those imposed by the individual open-source licenses themselves. However, you cannot extend these same enhanced redistribution rights for the Anaconda binaries to those who receive your Anaconda-Derived Binaries. You may not redistribute any proprietary Anaconda add-ons (“Add-Ons”) or packages obtained via the private Anaconda repository package repository without obtaining a specific license to redistribute the Software Product or the Add-Ons.

Bundled support services

Anaconda repository comes bundled with a fixed number of hours of installation and setup support which can also be used to request additional packages or bug-fixes to Other Vendor Tools. Your requests for packages and support will be honored by Continuum’s best available resources until the agreed-upon number of hours is consumed by the support requests.

Bundled proprietary software

Anaconda repository comes bundled with a limited set of licenses for additional Anaconda Add-Ons from Continuum. This software should only be used under the terms of their respective licenses and only for the number of users included with the quote.

Limited software product warranty

For a period of 180 days from the date of shipment or from the date that you download the Software Product, as applicable, Continuum Analytics warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised. Your remedy for any bugs encountered is to request a refund for non-functioning software or to receive a bug-fix update of the software.

Disclaimer of warranties and limitation of liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY CONTINUUM, CONTINUUM MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

Continuum makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Continuum makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. CONTINUUM ANALYTICS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL CONTINUUM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF CONTINUUM OR ANY OTHER PARTY, EVEN IF CONTINUUM IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS CONTINUUM’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of remedies and damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Continuum. Continuum reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Continuum is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Continuum to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Continuum harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Governing law, jurisdiction and costs

This Agreement is governed by the laws of Texas, without regard to Texas’s conflict or choice of law provisions.

Export regulations

Any use or distribution of the Software Product is made under conditions that the user and/or distributor is in full compliance with all export and other governing laws of the United States of America, including full and ongoing compliance with the Export Administration Regulations (EAR) of the United States Department of Commerce. See www.commerce.gov/ and http://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear. Use or distribution of Continuum software products to any persons, entities or countries currently under US sanctions is strictly prohibited. Continuum has self-assessed that Anaconda Repository requires no license to for export to non-embargoed countries.

The United States currently has embargoes against several countries. The exportation, re-exportation, sale or supply, directly or indirectly, from the United States, or by a U.S. person wherever located, of any Continuum software to any of these countries is strictly prohibited without prior authorization by the United States Government. By accepting this Agreement, you represent to Continuum that you will comply with all applicable export regulations for Anaconda.

Indemnification

To the extent authorized by the Constitution and laws of the State of Texas, Continuum shall indemnify, hold harmless and defend the Licensee against any action brought against Licensee to the extent that such action is based on a claim that the unmodified Software Product, when used in accordance with this Agreement, infringes a United States copyright and Institution shall pay all costs, settlements and damages finally awarded; provided, that Licensee promptly notifies Continuum in writing of any claim, gives Continuum sole control of the defense and settlement thereof and provides all reasonable assistance in connection therewith. If any part of the Software Product is finally adjudged to so infringe, or in Continuum’s opinion is likely to become the subject of such a claim, Continuum shall, at its option, either: a. procure for Licensee the right to continue using the Software Product, b. modify or replace the Software Product to make it non-infringing, or c. refund the fee paid, less reasonable depreciation, upon return of the Software Product.

Continuum shall have no liability regarding any claim arising out of: (a) use of other than a current, unaltered release of the Software Product, unless the infringing portion is also in the then current, unaltered release, (b) use of the Software Product in combination with Other Vendor Tools, or data or equipment if the infringement was caused by such use or combination, (c) any modification or derivation of the Software Product not specifically authorized in writing by Continuum, or (d) use of Other Vendor Tools or other third-party software.

THE FOREGOING STATES THE ENTIRE LIABILITY OF CONTINUUM AND THE EXCLUSIVE REMEDY FOR LICENSEE RELATING TO INFRINGEMENT OR CLAIMS OF INFRINGEMENT OF ANY COPYRIGHT OR OTHER PROPRIETARY RIGHT BY THE SOFTWARE PRODUCT.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.