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Kyvos Free EULA

“KYVOS FREE VERSION” hereinafter called Kyvos Free, EULA as under to be executed by the user company before using Kyvos Free product.

This document includes warranty disclaimers and a license agreement granting the limited usage of a specific limited period licensed edition Kyvos FREE of the Kyvos Platform.

END USER LICENSE AGREEMENT

This End-User License Agreement (this “EULA,” and together with the setup form, subscription agreement or other agreement into which this EULA is incorporated by reference, collectively, the “Agreement”) contains certain terms and conditions on which Kyvos (the “Licensor Company”) grants to the company identified as “Licensee company” in the Agreement a limited license to use KYVOS FREE.

This is an agreement between you ("Licensee") and Kyvos. By indicating acceptance of this agreement by checking “I Agree” and continuing to install or use this software or install by other means and by using this software, you agree to the terms of this agreement. Or by otherwise using or accessing the Kyvos FREE software through any means (1) you acknowledge that you have read, understand, and agree to be bound by the terms of this agreement and (2) you represent that you have the authority to enter into this agreement and to bind licensee to the terms of this agreement. This agreement is effective only if Licensee has provided Company with information about its intended use and Company has confirmed its acceptance of this agreement in writing to the Licensee. The licensee electronically agrees to this agreement by clicking I ACCEPT checkbox in the following form. If you do not intend to agree to the terms, CLICK THE "CANCEL" BUTTON AND EXIT THE INSTALL. This agreement shall be effective from the date you accept the terms of this agreement.

1. Definitions

"Kyvos" means Kyvos Insights Inc., having its office at 720 University Avenue, Suite 130, Los Gatos, CA 95032, US.
"Kyvos Platform" means the Kyvos software product, including individual files, libraries, or computer executable code contained in the Kyvos installation directory.
"Licensee company" means the company, corporation, firm, individual, a single entity, authorized person of the company which intends to use Kyvos-Free product editions.
"Effective Date" means the date that Kyvos confirms its acceptance of this agreement in writing or by electronic mail delivery to End User.
“Kyvos FREE” means the limited period free edition of Kyvos Platform as per terms of this agreement designed for limited use.

GRANTS AND RESTRICTIONS

  • 2.1 License: Kyvos grants Licensee a non-exclusive and non-transferable license to use the Software in executable form and its Documentation, solely for Licensee's internal business use according to the terms and conditions of this Agreement and also use Kyvos APIs to integrate in your application.

  • 2.2 Cluster Size: Licensor grants Licensee a license to use Kyvos Free in the form of a cluster of 1 Kyvos BI Server and 3 Kyvos Query Engine Servers.

  • 2.3 Usage: The rights granted above shall terminate immediately in the event of Licensee’s breach of any provision of this agreement.
  • The Licensee is solely responsible for the accuracy, content, and legality of all Licensee’s Data. Licensee represents and warrants to Kyvos that Licensee has sufficient rights on the Licensee Data and that the Licensee Data does not infringe or violate the intellectual property, publicity, privacy or other rights of any third party.
  • Licensee shall be responsible for compliance of applicable Data Protection law including but not limited to General Data Protection Regulation (EU) 2016/679 (GDPR) or California Consumer Privacy Act (CCPA). And Licensee shall indemnify Kyvos in case of breach of Data protection law.

  • 2.4 Restrictions:

    • 2.4.1 Licensee shall not use KYVOS FREE, in any manner or for any purpose not expressly authorized or described under this Agreement; or otherwise adapt, modify, or translate KYVOS FREE or the metadata created by KYVOS FREE;

    • 2.4.2 Licensee shall not increase the servers in any combination to a higher number of Kyvos BI servers or Kyvos Query Engine Servers. License shall not combine more than one KYVOS FREE clusters using any software or hardware proxys or load balancers to form a bigger cluster.

    • 2.4.3 No distribution: The License is strictly restricted to in-house use. It cannot be copied or distributed for any reason, what so ever.

    • 2.4.4 Licensee shall not create derivative works of translate, decompile, disassemble or reverse engineer, KYVOS FREE or the metadata created by KYVOS FREE;

    • 2.4.5 Licensee shall not rent or lend KYVOS FREE or a KYVOS FREE license or sub-lcense KYVOS FREE in any manner.

    • 2.4.6 No Transfer: Licensee may not assign or transfer its rights under this agreement, or authorize all or any portion of KYVOS FREE.

    • 2.4.7 No Modification, No Reverse Engineering: Licensee shall not modify, adapt, translate or create derivative works based upon the Kyvos Free Software in any way, including without limitation, any copyright or other proprietary notice that appears in the Kyvos Free Software. Licensee shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Kyvos Free Software.

    • 2.4.8 Limited Internal Rebranding: Licensee shall not modify the following, a) electronic end user license agreement, b) acknowledgments, c) "About" screen on the portal. If Licensee decides to re-brand KYVOS FREE screens, Licensee should add a logo - "powered by Kyvos" with a minimum font size of 12 pts, or 50% of newly branded name, whichever is higher, in the vicinity of a new internal brand name.

    • 2.4.9 No third party rights: Licensee has sole responsibility of including acknowledged third party software in the installer or allowing end-user to install them separately. Such acknowledgments and licenses can be carefully read and obtained wherever necessary by the Licensee.

    • 2.4.10 Disabled Features. KYVOS FREE may contain features and functionalities that are hidden or disabled compared to other higher editions. These disabled or hidden features will activate only when end user applies a higher edition license file duly obtained from Kyvos. Licensee shall not access, or attempt to access, or duplicate the functionality of such disabled features without a valid license key, nor will Licensee otherwise circumvent the technology that controls activation of such features.

    • 2.4.11 Kyvos doesn't grant any ownership rights to Licensee. KYVOS FREE is licensed to use and not sold. Kyvos and its suppliers retain all ownership rights. Licensee shall not at any time during or after the term of this Agreement assert or claim any interest in, or assert or do anything that may adversely affect Kyvos' ownership of, or the validity of, the intellectual property and proprietary rights of Kyvos in or relating to KYVOS FREE.

    • 2.4.12 Licensee shall not use the KYVOS FREE Software for purposes of competitive analysis of the Software or the development of a competing software product or service.

    • 2.4.13 Licensee shall not use the Kyvos Free Software to sell services solely based on Kyvos Free functionality to any party.

3. Trademarks

Kyvos hereby grants to Licensee, non-exclusive, non-transferable, personal right to use under the terms of this agreement, the "powered by Kyvos", "Kyvos Platform", logos. Kyvos and this agreement don’t grant any rights on third party software that may be required to run in conjunction or included with KYVOS FREE. Licensee may not assign, transfer or sublicense any trademark right granted herein.

4. Indemnification

Licensee agrees to indemnify, hold harmless and defend Kyvos from and against any claims, lawsuits, damages, expenses and costs, including attorneys' fees, that arise or result from Licensee's download, installation and usage of the KYVOS FREE or for any usage, deviation or installation which is not in conformity with terms of this Agreement,. Licensee's indemnification obligation is also extended to claims or lawsuits arising out of a claim in respect of its software or hardware used by Licensee, or the Trademark(s), that infringes any third party patent, copyright, trademark or other intellectual property right.

5. INTELLECTUAL PROPERTY OWNERSHIP, COPYRIGHT PROTECTION

The KYVOS FREE is the intellectual property of and is owned by Kyvos Insights Inc. and its suppliers. The structure, organization and source code of the Software are the valuable trade secrets and confidential information of Kyvos and its suppliers. The Software is protected by law, including without limitation the copyright laws of the Republic of India, the United States and other countries, and by supported international treaty provisions. This agreement does not grant Licensee any intellectual property rights in the Software and all rights are reserved by Kyvos and its suppliers.

6. WARRANTY DISCLAIMER

The Software is made available by Kyvos for in-house usage "AS IS" and Kyvos makes no warranty as to its use or performance. KYVOS AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE SOFTWARE, EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. KYVOS AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF ANY PARTY'S RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. LICENSEE BEARS THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THE SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, LICENSED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES, WEAPONS SYSTEMS OR ANY OTHER APPLICATION IN WHICH ITS FAILURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. The foregoing exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

7. LIMITATION OF LIABILITY

IN NO EVENT WILL KYVOS OR ITS SUPPLIERS BE LIABLE TO DISTRIBUTOR FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THIS LICENSE AGREEMENT AND/OR LICENSEE’S USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN KYVOS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN DISTRIBUTOR’S JURISDICTION. IN ANY EVENT, KYVOS' AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS LICENSE AGREEMENT WILL BE LIMITED TO ZERO U.S. DOLLAR ($0.00). Kyvos is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this agreement, but in no other respects and for no other purpose.

8. Governing Law

This agreement will be governed by and construed in accordance with the substantive laws in force in the State of California, USA and under Los Gatos jurisdiction.

9. Term

  • 9.1 Effective Date: You shall be considered to have agreed to this Agreement with Effective Date of you downloading, installing or accessing Kyvos Free software in any manner.
  • 9.2 Term Duration:The term of this agreement will be for one year from the Effective Date unless terminated or extended in writing by Kyvos.

  • 9.3 Termination: Kyvos has the right to terminate this agreement (a) without cause upon ninety (90) days written notice or (b) immediately if Licensee fails to comply with any term of this agreement. Upon any such termination, Licensee must cease usage, return or destroy all copies of the KYVOS FREE in Licensee's possession along with providing Kyvos a certification of such destruction.

10. MARKETING

Kyvos may use and display Licensee’s name, logo, trademarks, and service marks on Kyvos’ website and in Kyvos’ marketing materials in connection with identifying Licensee as a Licensee of Kyvos. Upon Licensee’s written request, Kyvos will promptly remove any such marks from Kyvos’ website, and, to the extent commercially feasible, Kyvos' marketing materials.

11. DISCLAIMER

Kyvos Free Software shall be installed and running under Licensee’s controlled network, computer, premises and does not transfer Licensee’s business data automatically to any other network, computer or premises. Licensee shall be solely responsible for GDPR and CCPA for all the data that Licensee choses to process using Kyvos Free Software.

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