nexus-3.20.1-win64

END USER LICENSE AGREEMENT READ THIS AGREEMENT CAREFULLY BY CLICKING ON THE “I ACCEPT” (OR SIMILAR CONSENT) BUTTON, COMPANY HEREBY ACCEPTS ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”). COMPANY AGREES THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF COMPANY. IF COMPANY DOES NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT CLICK TO ACCEPT OR OTHERWISE (A) DOWNLOAD, INSTALL OR USE ALL OR ANY PORTION OF THE PRODUCT, OR (B) ACCEPT OR USE ALL OR ANY PORTION OF THE SERVICES (INCLUDING PRODUCT MAINTENANCE). COMPANY WILL NOT BE GIVEN ACCESS TO ANY PRODUCT OR SERVICES UNLESS AND UNTIL COMPANY ACCEPTS THE TERMS OF THIS AGREEMENT. IF COMPANY HAS PAID A SUBSCRIPTION FEE FOR USE OF ANY PRODUCT AND DO NOT AGREE TO THESE TERMS, YOU MAY RETURN SUCH PRODUCTS FOR A FULL REFUND PROVIDED YOU (A) DO NOT ACCESS OR USE THE PRODUCT AND (B) RETURN THE PRODUCT WITHIN THIRTY (30) DAYS OF YOUR INITIAL PURCHASE. YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND COMPANY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT. THE LICENSES GRANTED AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL. IF YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH SONATYPE FOR USE OF THE PRODUCT OR SERVICES, THE TERMS AND CONDITIONS OF SUCH OTHER AGREEMENT SHALL PREVAIL OVER ANY CONFLICTING TERMS OR CONDITIONS IN THIS AGREEMENT. This End User License Agreement (the "Agreement") is entered into by Company and Sonatype, Inc. ("Sonatype") and governs Company's use of and access to all Products for which Company has purchased a subscription as well as the provision of related Services. Capitalized terms used in this Agreement are not otherwise defined herein have the meaning set forth in the Ordering Document. DEFINITIONS "Affiliates" means any entity that is controlled by, under the control of, or under common control with Company where "control" means ownership of, or the right to control, greater than 50% of the voting securities of such entity. "Application" means an individual computer program that is designed, built and/or maintained by Company or licensed by Company from a third party for its internal business purposes. "Application Component Identifiers" means hash values associated with application binaries and files related to and Application that serve to identify what software components are included within the Application. "Contractor" means any third party employed by Company or a Company Affiliate to perform services for the benefit of Company. "Deliverable" means developments, work product and deliverables resulting from any Services (as defined in Section 2(e)) performed by Sonatype pursuant to this Agreement and the applicable Ordering Document. "Documentation" means the user guide and technical specifications for the Products delivered by Sonatype along with the Products as may be updated by Sonatype from time to time. "Effective Date" means the date on which Customer accepts the terms and conditions of this Agreement. "Open Source Software" means any third-party open source software or other similar community or free software of any type (including software code licensed under any version of the GNU GPL, Mozilla or Apache licenses). "Order Form" means a document governing purchases of Product Subscriptions made by Company hereunder that is either completed online by Company at Sonatype's website, executed by an authorized representative of each Party, or otherwise agreed to by the Parties (including Company referencing a Sonatype quote or order number on Company's purchase order) in a manner acceptable to Sonatype. "Ordering Document" means any and all Order Forms and/or Statements of Work, collectively and/or individually. "Product" means Sonatype's software application(s) and/or hosted data service each as identified in one or more Order Form(s) to which Company purchases a Subscription pursuant to the terms of this Agreement and an Ordering Document. "Product Maintenance" means the support and maintenance services to be performed by Sonatype as further set forth in this Agreement. "Reports" means any reports or data generated by the Products by, for and/or on behalf of Company. "Statement of Work" means a document governing the provision of Services by Sonatype for the benefit of Company hereunder that is executed by an authorized representative of each Party. "Subscription" means the right and license granted to Company by Sonatype to access and use the Products in accordance with the terms of this Agreement during the specified Subscription Term. "Subscription Term" has the meaning set forth in Section 11(b) of this Agreement. "User" means an individual who is authorized by Company to use a Product for the benefit of Company's internal business purposes and for whom a Subscription to the Product has been purchased. Users must include, without limitation, all of Company's employees (including managers, Contributing Developers and administrators), consultants, contractors and agents. For purposes of this definition, "Contributing Developer" means a User who produces or consumes software artifacts managed and/or scanned by the Product. Sonatype and Company may be referred to individually in this agreement as a "Party" or collectively as the "Parties." FREE TRIAL With regard to any permitted access to and use of the Products by Company related to a free trial, evaluation, license key extension or other non-production use authorized by Sonatype (the "Free Use"), Sonatype agrees to make such Products available to Company for a term to expire on the earlier of: (a) the end of the free trial period for which you registered to use the Product; or (b) the start date of any Subscriptions for such Product purchased by Company from Sonatype (the "Free Use Period"). Additional terms and conditions governing such Free Use may be imposed by Sonatype, and any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. ANY DATA THAT COMPANY ENTERS INTO THE PRODUCTS, AND ANY PERMITTED CUSTOMIZATIONS MADE TO THE PRODUCTS BY OR FOR COMPANY, DURING THE FREE USE PERIOD WILL BE PERMANENTLY LOST UNLESS (a) COMPANY PURCHASES A SUBSCRIPTION TO THE SAME PRODUCTS AS THOSE COVERED BY THE FREE USE OR (b) EXPORTS SUCH DATA BEFORE THE END OF THE FREE USE PERIOD. COMPANY CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE USE PERIOD TO A PRODUCT THAT WOULD BE A DOWNGRADE FROM THAT USED DURING THE FREE USE PERIOD AND, THEREFORE, IF COMPANY PURCHASES A PRODUCT THAT WOULD BE A DOWNGRADE COMPANY MUST EXPORT ITS DATA BEFORE THE END OF THE FREE USE PERIOD OR IT WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 8 (WARRANTIES AND DISCLAIMERS), DURING THE FREE USE PERIOD THE PRODUCTS ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY. PRODUCTS Provision of Products; License. Sonatype shall make the Products available to Company pursuant to this Agreement and the relevant Order Forms during the applicable Subscription term. Each Order Form shall form a part of this Agreement and be subject to the terms and conditions set forth herein. All Products and Documentation shall be delivered by electronic means. Company agrees that Company's purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Sonatype regarding future functionality or features. License; User Subscriptions. With regard to all Products to be installed at Company's facilities, Sonatype grants to Company a non-transferable, non-assignable (except as otherwise stated in Section 13(g)), non-sublicensable, non-exclusive, limited license to use such Products for Company's internal business purposes only, subject to the terms of this Agreement and the applicable Order Form. Unless otherwise specified in the applicable Or