STRATISYSTEM OS COMMUNITY EDITION END USER LICENSE AGREEMENT IMPORTANT: THIS AGREEMENT APPLIES ONLY TO THE STRATISYSTEM OS COMMUNITY EDITION. IT DOES NOT APPLY TO ANY COMMERCIAL, PAID, SUBSCRIPTION, ENTERPRISE, OR PRODUCTION-LICENSED VERSION OF STRATISYSTEM, STRATISTOR, STRATISERV, HYPERSERV, OR ANY OTHER STEELDOME PRODUCT OR SERVICE. This StratiSYSTEM OS Community Edition End User License Agreement (this “Agreement”) is a binding agreement between SteelDome, LLC, a Delaware limited liability company (“SteelDome” or “Licensor”), and the individual or entity acquiring, downloading, installing, accessing, copying, or using the StratiSYSTEM OS Community Edition (“Licensee”). The StratiSYSTEM OS Community Edition is provided solely for training, education, demonstration, evaluation, testing, laboratory, proof-of-concept, skills development, and other non-production purposes. It is not licensed, certified, supported, or warranted for production use. BY DOWNLOADING, INSTALLING, ACCESSING, COPYING, ACTIVATING, REGISTERING, OR USING THE COMMUNITY EDITION, OR BY CLICKING AN “ACCEPT,” “AGREE,” OR SIMILAR BUTTON, LICENSEE ACCEPTS THIS AGREEMENT AND AGREES TO BE LEGALLY BOUND BY ITS TERMS. IF LICENSEE DOES NOT AGREE TO THIS AGREEMENT, LICENSEE MUST NOT DOWNLOAD, INSTALL, ACCESS, COPY, ACTIVATE, REGISTER, OR USE THE COMMUNITY EDITION. 1. DEFINITIONS For purposes of this Agreement: “Authorized User” means an employee, contractor, consultant, student, trainee, or other individual authorized by Licensee to use the Community Edition on Licensee’s behalf and in accordance with this Agreement. “Community Edition” means the StratiSYSTEM OS Community Edition software distribution made available by SteelDome, including SteelDome-developed software, configuration, automation, orchestration, integration, packaging, scripts, documentation, and related materials included in or made available for use with the Community Edition. “Documentation” means user guides, installation instructions, training materials, technical documentation, release notes, online documentation, and other materials made available by SteelDome for the Community Edition. “Intellectual Property Rights” means all patent, copyright, trademark, service mark, trade dress, trade secret, database, mask work, moral, publicity, and other intellectual property or proprietary rights existing anywhere in the world. “Open-Source Software” or “OSS” means software included in or distributed with the Community Edition under an open-source, free-software, source-available, or similar license that grants rights separate from this Agreement. “Production Use” means use of the Community Edition to host, process, manage, store, protect, transmit, secure, provide, support, or operate workloads, applications, data, systems, services, or infrastructure upon which Licensee or any third party relies for ongoing business, operational, commercial, customer-facing, revenue-generating, regulated, safety-related, or mission-critical purposes. “Third-Party Materials” means software, technology, components, libraries, services, documentation, data, content, trademarks, interfaces, or other materials owned, licensed, maintained, provided, or controlled by parties other than SteelDome. “Third-Party Provider” means any owner, licensor, developer, publisher, distributor, service provider, maintainer, or supplier of Third-Party Materials. “Training Use” means use solely for education, training, classroom instruction, laboratory exercises, demonstration, proof-of-concept, evaluation, testing, personal learning, internal skills development, or other non-production purposes. 2. LIMITED COMMUNITY EDITION LICENSE 2.1 License Grant Subject to Licensee’s full compliance with this Agreement, SteelDome grants Licensee a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to install, execute, access, and use SteelDome-owned portions of the Community Edition solely for Training Use. This license applies only to rights that SteelDome owns or is authorized to license. Third-Party Materials are governed by their own applicable license terms. 2.2 Permitted Environments Licensee may install and use the Community Edition on physical systems, virtual machines, clusters, hypervisors, containers, laboratory systems, development systems, test systems, classroom systems, demonstration systems, or similar environments, provided that all such use remains strictly non-production. 2.3 Multiple Installations Licensee may make and operate a reasonable number of Community Edition installations solely for Training Use. Licensee may not use multiple Community Edition installations, copies, nodes, clusters, or environments to avoid or circumvent commercial licensing requirements applicable to SteelDome products or services. 2.4 Documentation Licensee may reproduce reasonable copies of the Documentation solely in connection with permitted Training Use. 2.5 Authorized Users Licensee may permit Authorized Users to use the Community Edition solely for permitted Training Use. Licensee is responsible for all acts and omissions of its Authorized Users relating to the Community Edition and for ensuring their compliance with this Agreement. 2.6 No Implied Rights No rights are granted by implication, estoppel, exhaustion, or otherwise except as expressly stated in this Agreement or required by applicable law. All rights not expressly granted are reserved by SteelDome and the applicable Third-Party Providers. 3. TRAINING-ONLY; NON-PRODUCTION USE 3.1 No Production Use THE COMMUNITY EDITION IS PROVIDED FOR TRAINING AND NON-PRODUCTION USE ONLY. LICENSEE SHALL NOT USE THE COMMUNITY EDITION FOR PRODUCTION USE. Without limiting the foregoing, Licensee shall not use the Community Edition: (a) to operate or support production business systems; (b) to host customer-facing or public-facing production services; (c) to process, store, protect, or transmit production data upon which Licensee or any third party relies; (d) as the primary, secondary, backup, failover, disaster-recovery, business-continuity, or standby platform for production workloads; (e) as a production storage, virtualization, hyperconverged, cloud, container, networking, security, VDI, application, database, AI, HPC, backup, disaster-recovery, or other infrastructure platform; (f) to provide commercial hosting, managed services, service bureau, cloud, outsourcing, infrastructure, security, desktop, application, or similar services to third parties; (g) in any environment where failure, degradation, corruption, unavailability, misconfiguration, or compromise could reasonably result in material business interruption, financial loss, loss of data, loss of revenue, property damage, personal injury, or other significant harm; or (h) in any safety-critical, life-support, medical-control, emergency-response, weapons, nuclear, aviation-control, transportation-control, industrial-control, or other environment requiring fail-safe operation or guaranteed performance. 3.2 No Reliance Licensee shall not rely on the Community Edition for production availability, durability, security, continuity, recovery, backup, retention, data protection, regulatory compliance, business continuity, disaster recovery, or any other production obligation. 3.3 Training and Test Data Licensee should use non-production, synthetic, test, anonymized, disposable, or otherwise non-critical data with the Community Edition. SteelDome does not recommend placing confidential, regulated, sensitive, irreplaceable, or production data on the Community Edition. Licensee assumes all risk associated with any data placed on, transmitted through, processed by, or stored using the Community Edition. 3.4 Commercial License Required for Production Any Production Use of StratiSYSTEM or other SteelDome technology requires an applicable commercial license, subscription, entitlement, or other written authorization from SteelDome. Nothing in this Agreement grants any right to commercial SteelDome software, support, maintenance, subscriptions, service levels, production entitlements, or commercial features. 4. THIRD-PARTY MATERIALS 4.1 Inclusion and Integration The Community Edition includes, may include, or may integrate with, configure, deploy, orchestrate, call, access, or otherwise interoperate with Third-Party Materials. Third-Party Materials associated with the Community Edition may include, without limitation, technology made available by or associated with: (a) Kasm Technologies; (b) Xiid; (c) Elastic or Elasticsearch; (d) LabShock; and (e) other third-party, open-source, source-available, freeware, community, commercial, or proprietary technologies. The identification of any Third-Party Provider or technology is solely descriptive and does not mean that SteelDome owns that technology, controls that provider, or possesses rights beyond those actually granted to SteelDome by the applicable rights holder. 4.2 Separate Third-Party Terms Third-Party Materials may be subject to separate end user license agreements, software licenses, open-source licenses, source-available licenses, subscription terms, terms of use, privacy terms, registration terms, acceptable-use policies, export restrictions, support policies, or other conditions imposed by the applicable Third-Party Provider. Licensee is solely responsible for reviewing, accepting where required, and complying with all applicable third-party terms. If Licensee does not accept or cannot comply with the applicable third-party terms, Licensee has no right under this Agreement to use the affected Third-Party Materials. 4.3 No Implied Sublicense STEELDOME DOES NOT GRANT, AND THIS AGREEMENT SHALL NOT BE CONSTRUED AS GRANTING, ANY LICENSE, SUBLICENSE, TRANSFER, ASSIGNMENT, OWNERSHIP INTEREST, OR OTHER RIGHT IN THIRD-PARTY MATERIALS EXCEPT TO THE LIMITED EXTENT STEELDOME IS EXPRESSLY AUTHORIZED BY THE APPLICABLE THIRD-PARTY PROVIDER TO GRANT SUCH RIGHT. Nothing in this Agreement expands, modifies, overrides, or replaces rights granted directly to Licensee by a Third-Party Provider. 4.4 Third-Party Terms Control If this Agreement conflicts with an applicable third-party license or other binding third-party terms with respect to particular Third-Party Materials, the applicable third-party terms control solely with respect to those Third-Party Materials. This Agreement continues to govern SteelDome-owned portions of the Community Edition. 4.5 Third-Party Accounts, Registrations, Entitlements, and Connectivity Certain Third-Party Materials may require separate: (a) registration; (b) accounts or credentials; (c) license keys or activation; (d) subscriptions or entitlements; (e) Internet or cloud connectivity; (f) acceptance of third-party terms; (g) payment of fees directly to a Third-Party Provider; or (h) compliance with usage limitations imposed by the Third-Party Provider. Licensee is solely responsible for satisfying all such requirements unless SteelDome expressly agrees otherwise in writing. 4.6 No Agency, Partnership, or Endorsement Unless expressly stated in a separate written agreement executed by the applicable parties: (a) SteelDome is not the agent, partner, joint venturer, employee, franchisee, fiduciary, or legal representative of any Third-Party Provider; (b) no Third-Party Provider is the agent, partner, joint venturer, employee, franchisee, fiduciary, or legal representative of SteelDome; and (c) inclusion, integration, interoperability, packaging, configuration, or reference to Third-Party Materials does not, by itself, imply sponsorship, endorsement, certification, approval, partnership, or affiliation. 4.7 Third-Party Availability and Changes Third-Party Materials may be modified, updated, restricted, suspended, withdrawn, replaced, disabled, relicensed, discontinued, or made unavailable at any time by the applicable Third-Party Provider or due to changes in law, license terms, technical requirements, security considerations, business decisions, or other circumstances. SteelDome may remove, disable, replace, modify, or cease integrating any Third-Party Material at any time and without liability where reasonably necessary because of: (a) third-party licensing changes; (b) third-party discontinuation; (c) security concerns; (d) legal or regulatory requirements; (e) compatibility changes; (f) upstream software changes; (g) loss or limitation of SteelDome’s rights; or (h) other circumstances reasonably outside SteelDome’s control. Licensee has no entitlement to continued inclusion, compatibility, availability, functionality, version, feature set, or support of any particular Third-Party Material. 4.8 No Obligation to Maintain Compatibility SteelDome has no obligation to maintain compatibility with any third-party product, release, API, service, protocol, cloud service, authentication system, operating system, hardware platform, or other dependency. 4.9 Third-Party Support SteelDome is not responsible for providing support, maintenance, updates, bug fixes, security fixes, warranties, service levels, or other services for Third-Party Materials unless SteelDome expressly agrees otherwise in a separate written agreement. Any such rights, if any, arise under the applicable Third-Party Provider’s terms. 4.10 Third-Party Warranty Disclaimer TO THE MAXIMUM EXTENT PERMITTED BY LAW, STEELDOME MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIRD-PARTY MATERIALS OR THIRD-PARTY PROVIDERS. STEELDOME IS NOT RESPONSIBLE FOR THE QUALITY, PERFORMANCE, SECURITY, AVAILABILITY, OPERATION, PRIVACY PRACTICES, CONTINUED SUPPORT, LICENSING, PRICING, COMPLIANCE, DATA HANDLING, OR BUSINESS PRACTICES OF ANY THIRD-PARTY PROVIDER. 4.11 Third-Party Intellectual Property All Third-Party Materials, names, product names, logos, trademarks, service marks, copyrights, patents, trade secrets, and other Intellectual Property Rights remain the property of their respective owners or licensors. References to Kasm Technologies, Xiid, Elastic, Elasticsearch, LabShock, or any other third party are solely for identification, interoperability, attribution, licensing, or descriptive purposes. No ownership, sponsorship, endorsement, certification, partnership, agency, joint venture, or affiliation should be inferred solely from such reference. 4.12 Protection of Third-Party Providers To the maximum extent permitted by applicable law and consistent with applicable third-party terms, the warranty disclaimers, exclusions of damages, liability limitations, intellectual-property protections, use restrictions, and other protective provisions of this Agreement are intended to benefit SteelDome and applicable Third-Party Providers with respect to claims arising from or relating to Third-Party Materials. Nothing in this Section creates obligations for a Third-Party Provider beyond those expressly assumed by that Third-Party Provider under its own applicable terms. 5. OPEN-SOURCE AND SOURCE-AVAILABLE SOFTWARE 5.1 Applicable Licenses The Community Edition may contain Open-Source Software or source-available software. Such software is licensed under the applicable license terms accompanying or otherwise applicable to that software. 5.2 Priority of Applicable Terms To the extent an applicable open-source or source-available license grants Licensee rights that cannot lawfully be restricted by this Agreement, the applicable license controls solely with respect to that software. Nothing in this Agreement is intended to restrict rights granted directly to Licensee under an applicable open-source or source-available license. 5.3 Source Code and Notices Where an applicable license requires SteelDome to provide source code, corresponding source, notices, attribution, license text, offer language, or related materials, SteelDome will make such materials available in accordance with the applicable license and SteelDome’s obligations. 5.4 No Expansion of Rights The presence of Open-Source Software within the Community Edition does not convert SteelDome proprietary software into open-source software and does not grant rights to SteelDome proprietary code beyond those expressly stated in this Agreement. 6. USE RESTRICTIONS Except to the extent expressly permitted by this Agreement, applicable third-party terms, applicable OSS terms, or applicable law, Licensee shall not: (a) use the Community Edition for Production Use; (b) sell, rent, lease, sublicense, resell, distribute, publish, transfer, or commercially exploit SteelDome proprietary components; (c) provide SteelDome proprietary portions of the Community Edition as a hosted, managed, service-bureau, cloud, outsourcing, infrastructure, or commercial service to third parties; (d) use the Community Edition to avoid purchasing a commercial SteelDome license required for Production Use; (e) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive source code for SteelDome proprietary components, except to the limited extent such restriction is prohibited by applicable law; (f) remove, delete, alter, conceal, or obscure copyright, trademark, patent, attribution, license, ownership, or other proprietary notices; (g) circumvent, disable, defeat, tamper with, interfere with, or bypass licensing, activation, entitlement, registration, technical restriction, usage limitation, or security mechanisms; (h) use another person’s credentials, entitlement, account, license key, activation, or subscription without authorization; (i) falsely represent that the Community Edition is supported, warranted, certified, approved, production-ready, or authorized by SteelDome or a Third-Party Provider for Production Use; (j) make representations, warranties, commitments, or guarantees on behalf of SteelDome or any Third-Party Provider; (k) use SteelDome or third-party trademarks, logos, brands, or product names in a manner that implies sponsorship, endorsement, affiliation, certification, or approval where none exists; (l) use the Community Edition in violation of applicable law or third-party rights; (m) export, re-export, transfer, or provide controlled technology in violation of applicable trade-control law; or (n) knowingly permit another person or entity to engage in any prohibited activity described in this Section. Restrictions in this Section apply only to the extent legally applicable to the relevant SteelDome or third-party component. 7. NO SUPPORT, MAINTENANCE, SERVICE LEVEL, OR CONTINUITY OBLIGATION 7.1 No Support Obligation THE COMMUNITY EDITION IS PROVIDED WITHOUT ANY OBLIGATION BY STEELDOME TO PROVIDE TECHNICAL SUPPORT, CUSTOMER SUPPORT, MAINTENANCE, CONSULTING, INSTALLATION ASSISTANCE, CONFIGURATION ASSISTANCE, TROUBLESHOOTING, TRAINING SERVICES, SECURITY RESPONSE, INCIDENT RESPONSE, RECOVERY ASSISTANCE, OR OTHER SERVICES. Any assistance SteelDome elects to provide is voluntary, may be discontinued at any time, and does not create an ongoing obligation. 7.2 No Service Level Agreement No uptime commitment, availability commitment, response-time commitment, resolution-time commitment, recovery-time objective, recovery-point objective, performance commitment, service-credit obligation, continuity commitment, or other service level applies to the Community Edition. 7.3 No Update Obligation SteelDome may, but is not required to, provide fixes, patches, updates, upgrades, security updates, replacement builds, compatibility updates, documentation updates, or new versions. 7.4 Discontinuation SteelDome may modify, suspend, replace, withdraw, discontinue, or cease distributing the Community Edition at any time. 8. LICENSEE RESPONSIBILITY AND ASSUMPTION OF RISK Licensee acknowledges that the Community Edition is intended for training and non-production use and may contain defects, incomplete functionality, experimental functionality, untested combinations, compatibility limitations, configuration limitations, performance limitations, security vulnerabilities, or other issues. Licensee is solely responsible for: (a) installing, configuring, operating, testing, securing, updating, and maintaining the Community Edition; (b) determining whether the Community Edition is suitable for Licensee’s permitted Training Use; (c) protecting systems, accounts, credentials, networks, applications, and data; (d) maintaining independent backups of all data Licensee elects to use; (e) validating all configurations and results; (f) complying with applicable laws and third-party terms; (g) obtaining all required third-party accounts, licenses, subscriptions, consents, registrations, or entitlements; (h) the acts and omissions of Authorized Users; (i) any integrations Licensee creates or modifies; (j) any data or workloads Licensee elects to place in the Community Edition; and (k) all consequences arising from Licensee’s installation, configuration, operation, modification, integration, or use of the Community Edition. LICENSEE USES THE COMMUNITY EDITION ENTIRELY AT ITS OWN RISK. 9. INTELLECTUAL PROPERTY RIGHTS 9.1 SteelDome Rights The Community Edition is licensed, not sold. Except for rights expressly granted under this Agreement or applicable third-party terms, Licensee acquires no ownership interest in SteelDome proprietary software, Documentation, technology, architecture, designs, automation, trademarks, trade secrets, or other Intellectual Property Rights. SteelDome and its licensors retain all right, title, and interest in and to SteelDome-owned portions of the Community Edition. 9.2 Third-Party Rights Ownership of Third-Party Materials and all related Intellectual Property Rights remains with the applicable Third-Party Provider or other rights holder. 9.3 Feedback If Licensee voluntarily provides suggestions, recommendations, enhancement requests, ideas, bug reports, corrections, or other feedback regarding SteelDome technology (“Feedback”), Licensee grants SteelDome a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, distribute, commercialize, and otherwise exploit that Feedback without restriction or compensation. This provision does not transfer ownership of Licensee’s pre-existing intellectual property, data, confidential information, or Third-Party Materials to SteelDome. 10. NO WARRANTY 10.1 Community Edition Provided As Is THE COMMUNITY EDITION IS PROVIDED SOLELY FOR TRAINING AND NON-PRODUCTION PURPOSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMMUNITY EDITION, DOCUMENTATION, STEELDOME COMPONENTS, THIRD-PARTY MATERIALS PROVIDED OR MADE AVAILABLE THROUGH STEELDOME, AND ANY RELATED CONTENT OR SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND. 10.2 Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STEELDOME, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS, DISTRIBUTORS, RESELLERS, SERVICE PROVIDERS, CONTRIBUTORS, AND APPLICABLE THIRD-PARTY PROVIDERS, DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (a) MERCHANTABILITY; (b) FITNESS FOR A PARTICULAR PURPOSE; (c) TITLE; (d) NON-INFRINGEMENT; (e) QUIET ENJOYMENT; (f) ACCURACY; (g) RELIABILITY; (h) SECURITY; (i) AVAILABILITY; (j) PERFORMANCE; (k) DATA INTEGRITY; (l) COMPATIBILITY; (m) INTEROPERABILITY; (n) FREEDOM FROM DEFECTS, ERRORS, MALWARE, OR VULNERABILITIES; (o) CONTINUED AVAILABILITY OF THIRD-PARTY MATERIALS; and (p) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. 10.3 No Operational Warranty STEELDOME DOES NOT WARRANT OR REPRESENT THAT THE COMMUNITY EDITION WILL: (a) OPERATE WITHOUT INTERRUPTION, FAILURE, ERROR, DEGRADATION, OR DATA LOSS; (b) MEET LICENSEE’S REQUIREMENTS; (c) BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, NETWORK, SECURITY PRODUCT, APPLICATION, SERVICE, CLOUD, PROTOCOL, API, OR THIRD-PARTY TECHNOLOGY; (d) ACHIEVE ANY PARTICULAR PERFORMANCE, CAPACITY, AVAILABILITY, SECURITY, RECOVERY, DURABILITY, OR FUNCTIONAL RESULT; (e) IDENTIFY, PREVENT, DETECT, MITIGATE, OR REMEDIATE ANY SECURITY THREAT, ATTACK, MISCONFIGURATION, OR VULNERABILITY; (f) PRESERVE, PROTECT, RECOVER, RESTORE, OR RETAIN DATA; (g) REMAIN AVAILABLE OR CONTINUE TO INCLUDE ANY PARTICULAR FEATURE OR THIRD-PARTY COMPONENT; (h) REMAIN COMPATIBLE WITH FUTURE VERSIONS OF ANY THIRD-PARTY TECHNOLOGY; OR (i) BE SUITABLE FOR PRODUCTION, COMMERCIAL, REGULATED, MISSION-CRITICAL, OR SAFETY-CRITICAL USE. 10.4 No Warranty Period NO WARRANTY PERIOD APPLIES TO THE COMMUNITY EDITION. Any warranty applicable to Third-Party Materials, if any, is provided solely by the applicable Third-Party Provider and is governed exclusively by that provider’s terms. 11. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: 11.1 Excluded Damages IN NO EVENT WILL STEELDOME OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, DISTRIBUTORS, RESELLERS, SERVICE PROVIDERS, CONTRIBUTORS, OR APPLICABLE THIRD-PARTY PROVIDERS BE LIABLE FOR ANY: (a) INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; (b) LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST BUSINESS, LOST OPPORTUNITY, OR LOSS OF GOODWILL; (c) LOSS, DESTRUCTION, CORRUPTION, DISCLOSURE, OR UNAVAILABILITY OF DATA; (d) BUSINESS INTERRUPTION OR LOSS OF SERVICE; (e) SYSTEM, STORAGE, NETWORK, SOFTWARE, APPLICATION, SECURITY, OR INFRASTRUCTURE FAILURE; (f) COST OF SUBSTITUTE PRODUCTS, SERVICES, SYSTEMS, PERSONNEL, OR RECOVERY; (g) LOSS ARISING FROM INCOMPATIBILITY, THIRD-PARTY TECHNOLOGY, THIRD-PARTY DISCONTINUATION, OR THIRD-PARTY ACTION; (h) CYBERSECURITY INCIDENT, UNAUTHORIZED ACCESS, SECURITY BREACH, MALWARE, RANSOMWARE, OR DATA DISCLOSURE; (i) FAILURE OF BACKUP, RESTORE, FAILOVER, REPLICATION, MIGRATION, RECOVERY, OR DATA PROTECTION; (j) REGULATORY, CONTRACTUAL, OR COMPLIANCE LOSS; OR (k) OTHER COMMERCIAL, FINANCIAL, OPERATIONAL, ECONOMIC, OR REPUTATIONAL LOSS, ARISING OUT OF OR RELATING TO THE COMMUNITY EDITION, THIRD-PARTY MATERIALS, OR THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF STEELDOME OR AN APPLICABLE THIRD-PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11.2 Aggregate Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF STEELDOME AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THE COMMUNITY EDITION OR THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY LICENSEE DIRECTLY TO STEELDOME FOR THE COMMUNITY EDITION DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF THE COMMUNITY EDITION WAS PROVIDED WITHOUT CHARGE, STEELDOME’S AGGREGATE LIABILITY SHALL BE ZERO DOLLARS ($0.00) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Nothing in this Section creates liability for a Third-Party Provider where no such liability otherwise exists under the applicable third-party terms. 11.3 Essential Basis Licensee acknowledges that the Community Edition is provided without charge or under community-edition terms specifically in reliance upon the disclaimers, exclusions, and liability limitations contained in this Agreement and that those provisions are an essential basis of the agreement between Licensee and SteelDome. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited. 12. INDEMNIFICATION 12.1 Licensee Indemnification To the maximum extent permitted by applicable law, Licensee shall defend, indemnify, and hold harmless SteelDome, its Affiliates, and their respective officers, directors, employees, agents, licensors, successors, and assigns from and against third-party claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, penalties, fines, costs, and reasonable attorneys’ fees arising out of or relating to: (a) Licensee’s prohibited Production Use of the Community Edition; (b) Licensee’s violation of this Agreement; (c) Licensee’s violation of applicable law; (d) Licensee’s violation of applicable third-party license terms, terms of use, subscription terms, intellectual-property rights, privacy terms, export restrictions, or other third-party obligations; (e) Licensee’s unauthorized distribution, commercialization, modification, sublicensing, or transfer of SteelDome proprietary components or Third-Party Materials; (f) Licensee’s data, applications, workloads, systems, services, integrations, or activities conducted using the Community Edition; (g) Licensee’s representations or commitments to third parties concerning the Community Edition or Third-Party Materials; (h) Licensee’s acts or omissions that infringe, misappropriate, or otherwise violate the rights of SteelDome or a third party; or (i) claims by Licensee’s customers, users, employees, contractors, students, trainees, or other persons arising from Licensee’s use or distribution of the Community Edition. Licensee will have no obligation under this Section to the extent a claim is finally determined by a court of competent jurisdiction to have resulted directly from SteelDome’s gross negligence or willful misconduct. 12.2 Third-Party Claims If a Third-Party Provider asserts a claim against SteelDome arising from Licensee’s use of Third-Party Materials in violation of applicable third-party terms, Licensee’s obligations under Section 12.1 apply to the extent the claim results from Licensee’s acts or omissions. 12.3 Procedure SteelDome shall provide reasonably prompt notice of a claim for which indemnification is sought. Licensee shall control the defense using counsel reasonably acceptable to SteelDome, provided that Licensee may not settle a claim in a manner that: (a) admits fault or liability by SteelDome; (b) imposes any obligation, restriction, payment, admission, or continuing duty on SteelDome; (c) affects SteelDome’s Intellectual Property Rights; or (d) fails to fully release SteelDome from the applicable claim, without SteelDome’s prior written consent. SteelDome may participate in the defense with counsel of its choosing at its own expense. 13. SECURITY, DATA, AND PRIVACY 13.1 No Security Guarantee The Community Edition may include security-related functionality or integrations, but no software, system, architecture, or security control can guarantee prevention of all threats, attacks, compromise, vulnerabilities, unauthorized access, or data loss. Licensee is solely responsible for determining and implementing appropriate security controls for its Training Use environment. 13.2 Data Responsibility SteelDome has no responsibility for data stored, processed, transmitted, modified, deleted, damaged, corrupted, disclosed, encrypted, or otherwise affected through use of the Community Edition. Licensee is responsible for maintaining independent backups of any data it chooses to use. 13.3 Sensitive or Regulated Data The Community Edition is not intended for processing regulated or sensitive production data. Licensee is solely responsible for compliance with all privacy, cybersecurity, data-protection, retention, confidentiality, contractual, and industry-specific requirements applicable to data Licensee elects to place in the Community Edition environment. 13.4 Third-Party Data Practices Third-Party Materials may collect, transmit, process, store, or otherwise handle data in accordance with the applicable Third-Party Provider’s own terms and privacy practices. SteelDome does not control and is not responsible for a Third-Party Provider’s independent data practices. 14. COMPLIANCE WITH LAWS; EXPORT CONTROLS 14.1 Compliance Licensee shall use the Community Edition in compliance with applicable laws and regulations. 14.2 Export Controls and Sanctions The Community Edition and certain included technologies may be subject to United States and other export-control, economic-sanctions, import, or trade-control laws and regulations. Licensee shall not export, re-export, transfer, release, provide, or make the Community Edition or applicable technology available in violation of such laws. Licensee shall not knowingly make applicable technology available: (a) to a prohibited destination; (b) to or for the benefit of a prohibited or sanctioned person or entity; or (c) for a prohibited end use, except where authorized by applicable law or governmental authorization. Licensee is independently responsible for complying with export-control restrictions applicable to Third-Party Materials. 15. TERM; SUSPENSION; TERMINATION 15.1 Term This Agreement begins when Licensee first accepts this Agreement or downloads, installs, accesses, copies, activates, registers, or uses the Community Edition, whichever occurs first, and continues until terminated. 15.2 Suspension SteelDome may suspend or disable access to SteelDome-controlled Community Edition functionality, licenses, entitlements, repositories, downloads, or services where reasonably necessary to: (a) address a material violation of this Agreement; (b) prevent misuse or circumvention; (c) protect SteelDome, a Third-Party Provider, Licensee, or others from security or legal risk; (d) comply with law or third-party obligations; or (e) respond to withdrawal or limitation of third-party rights. 15.3 Termination by Licensee Licensee may terminate this Agreement at any time by permanently ceasing use of SteelDome proprietary Community Edition software and deleting or destroying all copies in Licensee’s possession or control, except where retention is required by law. 15.4 Termination by SteelDome SteelDome may terminate Licensee’s Community Edition license immediately upon notice if Licensee materially breaches this Agreement, including by: (a) using the Community Edition for Production Use; (b) violating third-party license obligations in a manner that exposes SteelDome or a Third-Party Provider to legal, commercial, or intellectual-property risk; (c) circumventing licensing, entitlement, activation, or technical restrictions; (d) redistributing SteelDome proprietary software without authorization; or (e) misrepresenting the Community Edition as a supported, certified, or production-authorized SteelDome product. 15.5 Effect of Termination Upon termination: (a) Licensee shall immediately cease use of SteelDome proprietary Community Edition software; (b) Licensee shall delete or destroy copies of SteelDome proprietary Community Edition software in its possession or control, except where retention is required by law; (c) rights in separately licensed Third-Party Materials remain governed by their respective licenses; and (d) termination will not affect rights or obligations accrued before termination. Sections that by their nature are intended to survive termination, including Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15.5, and 16, will survive. 16. MISCELLANEOUS 16.1 Separate from Commercial SteelDome Agreements This Agreement governs only the Community Edition. It does not grant rights to any commercial SteelDome software, support service, subscription, entitlement, production license, commercial feature, maintenance service, service level, or professional service. If Licensee separately acquires a commercial SteelDome product or service, that product or service is governed by the applicable commercial agreement, EULA, Order, subscription terms, or other written terms agreed by the parties. No Community Edition right, limitation, disclaimer, entitlement, or representation modifies a separately executed commercial SteelDome agreement unless that commercial agreement expressly states otherwise. 16.2 Governing Law and Venue This Agreement is governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-laws principles. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York County, New York, and each party submits to the personal jurisdiction and venue of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 16.3 Assignment Licensee may not assign, delegate, sublicense, or transfer this Agreement or Licensee’s rights in SteelDome proprietary Community Edition software without SteelDome’s prior written consent. SteelDome may assign this Agreement, in whole or in part, to an Affiliate or in connection with a merger, reorganization, financing, corporate restructuring, sale of assets, transfer of intellectual property, or transfer of the applicable business. 16.4 Entire Agreement This Agreement constitutes the entire agreement between SteelDome and Licensee regarding SteelDome’s licensing of the Community Edition and supersedes prior or contemporaneous representations or agreements concerning that subject matter. Applicable third-party licenses and terms remain separate and are not superseded by this Agreement. 16.5 Amendments SteelDome may publish a revised Community Edition EULA for future releases or distributions. A revised EULA applies to a later release where Licensee validly accepts that revised EULA or where acceptance is otherwise enforceable under applicable law. 16.6 Severability If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect. 16.7 Waiver Failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other right. 16.8 Third-Party Beneficiaries Except as expressly provided in Section 4.12 with respect to protective provisions benefiting applicable Third-Party Providers, this Agreement does not create contractual rights in any third party. No Third-Party Provider assumes any obligation under this Agreement solely by virtue of being identified, integrated, referenced, or benefited by a protective provision. 16.9 Force Majeure SteelDome will not be liable for failure or delay caused by circumstances beyond its reasonable control, including acts of God, natural disasters, fire, flood, earthquake, epidemic, pandemic, war, terrorism, civil unrest, governmental action, sanctions, embargo, Internet or telecommunications failure, utility failure, labor disturbance, supply-chain disruption, third-party service failure, third-party license withdrawal, or shortage of transportation, power, equipment, materials, or services. 16.10 No Professional Advice The Community Edition, Documentation, training materials, and any community guidance are not legal, compliance, cybersecurity, safety, accounting, or other professional advice. Licensee is responsible for obtaining appropriate professional advice for its own requirements. 16.11 Headings Headings are for convenience only and do not affect interpretation. 16.12 Electronic Acceptance Electronic acceptance of this Agreement has the same force and effect as a handwritten signature to the maximum extent permitted by applicable law. 17. ACKNOWLEDGMENT LICENSEE ACKNOWLEDGES AND AGREES THAT: (a) THE STRATISYSTEM OS COMMUNITY EDITION IS PROVIDED FOR TRAINING AND NON-PRODUCTION USE ONLY; (b) THE COMMUNITY EDITION IS NOT LICENSED, WARRANTED, CERTIFIED, OR SUPPORTED FOR PRODUCTION USE; (c) THE COMMUNITY EDITION IS PROVIDED AS IS, AS AVAILABLE, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND; (d) STEELDOME HAS NO OBLIGATION TO PROVIDE SUPPORT, MAINTENANCE, UPDATES, SECURITY FIXES, SERVICE LEVELS, CONTINUED AVAILABILITY, OR COMPATIBILITY; (e) THIRD-PARTY TECHNOLOGIES INCLUDED WITH, INTEGRATED INTO, OR USED BY THE COMMUNITY EDITION MAY BE SUBJECT TO THEIR OWN LICENSES, TERMS, ACCOUNTS, REGISTRATION, SUBSCRIPTIONS, FEES, ENTITLEMENTS, SUPPORT POLICIES, EXPORT RESTRICTIONS, OR OTHER CONDITIONS; (f) STEELDOME DOES NOT OWN THIRD-PARTY MATERIALS MERELY BECAUSE THEY ARE INCLUDED, INTEGRATED, CONFIGURED, DEPLOYED, OR MADE AVAILABLE THROUGH THE COMMUNITY EDITION; (g) STEELDOME DOES NOT GRANT RIGHTS IN THIRD-PARTY MATERIALS BEYOND RIGHTS STEELDOME IS ACTUALLY AUTHORIZED TO GRANT; (h) LICENSEE IS RESPONSIBLE FOR REVIEWING AND COMPLYING WITH ALL APPLICABLE THIRD-PARTY TERMS; (i) THIRD-PARTY MATERIALS MAY CHANGE, BE REMOVED, BECOME UNAVAILABLE, OR REQUIRE SEPARATE ENTITLEMENTS WITHOUT LIABILITY TO STEELDOME; (j) LICENSEE SHALL NOT REPRESENT STEELDOME OR ANY THIRD-PARTY PROVIDER AS PROVIDING PRODUCTION SUPPORT, CERTIFICATION, WARRANTY, OR APPROVAL FOR THE COMMUNITY EDITION UNLESS EXPRESSLY AUTHORIZED IN WRITING; AND (k) PRODUCTION USE OF STRATISYSTEM OR OTHER STEELDOME COMMERCIAL TECHNOLOGY REQUIRES AN APPLICABLE COMMERCIAL LICENSE OR OTHER WRITTEN AUTHORIZATION FROM STEELDOME.
StratiSYSTEM OS Community Edition End User License Agreement
Legal
Community Edition EULA
This agreement applies only to the StratiSYSTEM OS Community Edition. It does not apply to commercial, paid, subscription, enterprise, or production-licensed SteelDome products.
Download EULA (.txt)