Copr Gateway — End User License Agreement

“Seller” means Ismail Canga, doing business as newssourcecrawler labs, or any successor legal entity expressly identified by Seller in the applicable order, Marketplace offer, or an updated version of this Agreement.

“Customer” means the legal entity identified as the purchaser, subscriber, or customer in the applicable order or Marketplace offer for copr_gateway.

copr_gateway is licensed, not sold, as a commercial container image product. Subject to the applicable order and this Agreement, Seller grants Customer and its Affiliates under common control a limited, non-exclusive, non-transferable, non-sublicensable right to deploy and use copr_gateway for their own business purposes. Service providers acting on behalf of Customer or its Affiliates may access, administer, and operate copr_gateway, but do not receive any independent right to use, redistribute, sublicense, or transfer it. copr_gateway itself may not be resold, sublicensed, or transferred as a standalone product except with Seller’s prior written permission.

“Affiliate” means any legal entity that directly or indirectly controls, is controlled by, or is under common control with Customer, where “control” means ownership of more than fifty percent (50%) of the voting interests of the entity, or the power to direct the management and policies of the entity. For clarity, common ownership by itself does not make an entity an Affiliate unless such common ownership results in control as defined above, and no investor, owner, fund, partnership, portfolio company, or other related entity receives any right to use copr_gateway solely by virtue of holding an ownership interest in Customer or in another entity.

Customer and its permitted service providers may not modify, translate, adapt, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of copr_gateway, except to the extent such restriction is prohibited by applicable law. Customer may not remove or alter proprietary notices.

Except for the limited rights expressly granted in this Agreement, Seller retains all right, title, and interest in and to copr_gateway, and no rights are granted by implication, estoppel, or otherwise.

Seller warrants only that copr_gateway will substantially perform in accordance with its then-current published documentation when used as delivered and within its stated scope, configuration, and operating conditions. Except for the limited warranty stated in the previous sentence, copr_gateway is provided on an “as is” and “as available” basis, and Seller disclaims all other warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, Seller will not be liable for any loss of data, loss of use, loss of revenue, loss of profits, business interruption, security incident, service interruption, or any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to copr_gateway, the use of copr_gateway, the inability to use copr_gateway, any bug, defect, release change, upgrade, downgrade, fix, capability change, suspension, termination, revocation of rights, or this Agreement, even if advised of the possibility of such damages. To the maximum extent permitted by applicable law, Seller’s total aggregate liability arising out of or relating to copr_gateway or this Agreement will not exceed the fees paid by Customer for copr_gateway during the twelve (12) months immediately preceding the event giving rise to the claim. Customer is responsible for its own deployment choices, backups, access controls, network exposure, monitoring, and operational safeguards.

Support, maintenance, updates, upgrades, downgrades, bug-fix releases, and response commitments, if any, are governed solely by the applicable order, Marketplace offer, or Seller support policy.

Seller may from time to time offer, withdraw, include, exclude, reclassify, or separately price optional capabilities, operational surfaces, features, routes, tooling, or related functionality for copr_gateway. Customer receives rights only to the capabilities, functionality, and scope expressly included in the applicable order, Marketplace offer, or Seller support policy. If a capability, feature, route, tooling element, or other functionality is offered for a separate fee, Customer must purchase or otherwise obtain that entitlement to use it. If Seller later changes whether a capability is included, optional, free, or separately priced, no prior order, subscription, purchase, use, or engagement gives Customer any continuing right to that changed capability unless Seller expressly confirms such right in writing or in the applicable order, Marketplace offer, renewal, amendment, or support policy. Any later free offering does not create any refund, credit, rebate, or repayment obligation for prior fees paid.

No support, maintenance, update, upgrade, downgrade, bug fix, release change, or response obligation is created by this Agreement unless expressly stated. Purchase or use of a license for copr_gateway grants rights only to the version, release, and scope expressly covered by the applicable order, Marketplace offer, or Seller support policy. No purchase, subscription, or use of copr_gateway creates any obligation for Seller to develop, release, provide, modify, upgrade, downgrade, replace, maintain, or continue any future version, feature, functionality, enhancement, fix, or update. No free, trial, promotional, evaluation, or other unpaid use of copr_gateway creates any support, maintenance, update, upgrade, downgrade, bug-fix, or response obligation unless expressly stated by Seller.

This Agreement remains in effect for the duration of the applicable order or subscription unless terminated earlier. Seller may suspend Customer’s or any Affiliate’s license rights, or terminate this Agreement, for material breach, including non-payment, use outside the granted license scope, or violation of the transfer, sublicensing, or redistribution restrictions, if Customer fails to cure the breach within a reasonable cure period after notice. Upon suspension, Customer and its Affiliates must promptly stop the affected use of copr_gateway. Upon termination or expiration, Customer and its Affiliates must cease all use of copr_gateway, except to the extent continued use is expressly permitted by the applicable order or by law.

This Agreement, together with the applicable order, Marketplace offer, and any Seller support policy expressly referenced therein, constitutes the entire agreement between Seller and Customer regarding copr_gateway and supersedes all prior or contemporaneous proposals, discussions, understandings, and communications on that subject. In the event of a conflict, the applicable order or Marketplace offer governs fees, term, and purchased entitlements, and this Agreement governs license scope, restrictions, disclaimers, and liability unless the applicable order or Marketplace offer expressly states otherwise.

The version of this Agreement in effect at the time Customer accepts the applicable order or Marketplace offer for copr_gateway governs that order or subscription. Seller may update this Agreement from time to time. Any updated version supersedes prior versions only for new orders, renewals, extensions, upgrades, migrations, amended Marketplace offers, or other later transactions or acceptances involving copr_gateway, and does not apply retroactively to a previously accepted order or subscription unless expressly made applicable through a renewal, amendment, Marketplace flow, or other valid acceptance by Customer.

Customer may not assign, transfer, delegate, or otherwise convey this Agreement or any rights under it, whether by operation of law, merger, change of control, sale of assets, or otherwise, without Seller’s prior written consent, except to an Affiliate in connection with a bona fide internal reorganization that does not expand usage rights under this Agreement. Any attempted assignment in violation of this paragraph is void.

Customer may provide suggestions, comments, feedback, or improvement ideas regarding copr_gateway, but is not required to do so. If Customer does provide feedback, Seller may use, disclose, reproduce, modify, license, distribute, and otherwise exploit that feedback without restriction and without any obligation to Customer, and no feedback grants Customer any ownership right in copr_gateway or in any improvement, derivative work, enhancement, or related material.

Nothing in this Agreement creates any partnership, joint venture, fiduciary relationship, agency relationship beyond permitted service-provider operation on Customer’s behalf, employment relationship, or work-made-for-hire arrangement between Seller and Customer or between Seller and any third party.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be enforced to the maximum extent permitted by applicable law.

No failure or delay by Seller in exercising any right or remedy under this Agreement will operate as a waiver of that right or remedy, and no waiver will be effective unless made in writing by Seller. A single or partial exercise of any right or remedy does not prevent any further or other exercise of that or any other right or remedy.

Customer is responsible for complying with all applicable laws, regulations, and governmental requirements in connection with its use, deployment, operation, export, re-export, transfer, and access to copr_gateway. Customer may not use copr_gateway in violation of applicable law, including applicable export control, sanctions, or trade compliance laws.

The provisions concerning ownership, restrictions, disclaimers, limitation of liability, payment obligations, feedback, assignment restrictions, lawful use, governing law, and any other provision that by its nature should survive will survive any suspension, expiration, or termination of this Agreement.

This Agreement is governed by the substantive laws of Switzerland, excluding its conflict of laws rules. The courts at Seller’s registered seat in Switzerland will have exclusive jurisdiction over any dispute arising out of or relating to copr_gateway or this Agreement, except to the extent mandatory applicable law requires otherwise.