path: root/data/build-types/release.toml

[[includes_chroot]]
  path = 'usr/share/vyos/EULA'
  data = '''
VyOS END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT (EULA, THIS ‘AGREEMENT') CAREFULLY
BEFORE USING VYOS FROM US. BY USING VYOS, YOU ("YOU", "LICENSEE", "CUSTOMER")
SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS END USER LICENSE AGREEMENT AND
ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS. THIS AGREEMENT IS
ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT USES THE SOFTWARE AND ANY PERSON
OR ENTITY (E.G., SYSTEMS INTEGRATOR, CONSULTANT OR CONTRACTOR) THAT USES THE
SOFTWARE ON ANOTHER PERSON'S OR ENTITY'S BEHALF. IF YOU DO NOT ACCEPT THE TERMS
OF THIS AGREEMENT, THEN YOU MUST NOT USE THE SOFTWARE. THE EFFECTIVE DATE OF
THIS AGREEMENT IS THE EARLIEST OF THE START DATE OF SERVICES STATED IN OUR
INVOICE, PREVIOUS ACCEPTANCE OF THIS AGREEMENT (OR OUR BUSINESS PARTNER'S ORDER
OR/AND INVOICE, PREVIOUS ACCEPTANCE OF THIS AGREEMENT) OR THE DATE THAT
CUSTOMER HAS ACCESS AND IS ABLE TO USE OUR PRODUCTS OR SERVICES. THIS END USER
LICENSE AGREEMENT DOES NOT COVER ANY SERVICES FROM US, OR THROUGH OUR BUSINESS
PARTNER, OTHER THAN ACCESS TO THE SOFTWARE, SUCH AS TECHNICAL SUPPORT, UPGRADES
OR SUPPORT SERVICES. PLEASE REVIEW YOUR SERVICES OR SUBSCRIPTION AGREEMENT(S)
THAT YOU MAY HAVE WITH US OR OTHER AUTHORIZED VYOS SERVICES PROVIDER OR
BUSINESS PARTNER REGARDING THE SOFTWARE AND SERVICES AND ASSOCIATED PAYMENTS.

1. Definitions

1.1 "We, Our, Us" means VyOS Contracting Entity  defined in Section 13.

1.2 "VyOS" or "Software" means VyOS software provided by Us (or authorized
services provider or  business partner) and consisting of VyOS software
application (exclusively or along with any third-party software included
therein or therewith) that includes or refers to this Agreement and any related
documentation (including, without limitation, user and technical documentation,
further explanatory written materials related to the Software, etc.), services
(including, without limitation, SaaS, internet-based service, etc.), tool,
application, component, object code, source code, appearance (including,
without limitation, images, designs, fonts, etc.), structure as well as any
modification
and update thereof, regardless of the delivery mechanism.

"Services" means software support services and any other services provided by
Us, or through Our Business Partner, on a subscription basis.

1.3 "Authorized Users" means employees or individual contractors to whom,
pursuant to this Agreement, the Licensee has granted a right to access and use
the Software with your credentials, provided that such access shall be for your
sole benefit and in full compliance with this EULA.

All Authorized Users are bound by the terms of this Agreement.

1.4 "Cloud Provider" means authorized hosting partner's cloud marketplace
platform, a company that delivers cloud computing based services, resources and
solutions to businesses and/or offers solutions via the cloud marketplace.

1.5 "Business Partner" shall mean Our authorized sales agent, partner, Cloud
Provider reseller or distributor of the Software and Our Services authorized to
sell Software and Services via our subscriptions. Purchases through or by a
Business Partner. In instances where Customer purchases through a Business
Partner, final prices and terms and conditions of sale will be as agreed
between Customer and the Business Partner from which Customer makes such
purchases; however, the terms set forth in this EULA are applicable to
Customer's use and the performance of VyOS. Customer acknowledges that:
(a) We may share information with the Business Partner related to Customer's
    use and consumption of VyOS, and vice versa, for account management and
    billing purposes;
(b) the termination provisions below will also apply if Customer's Business
    Partner fails to pay Us applicable fees; and
(c) Business Partner is not authorized to make any changes to this EULA or
    otherwise authorized to make any warranties, representations, promises or
    commitments on Our behalf or in any way concerning the VyOS.

"Business Partner's order" means the ordering document(s), issued during Your
purchasing process by Our Business Partner in a way and manner as defined by
Our Business Partner. Business Partner's order may describe specific Software
and Services, Subscription(s), associated fees, payment terms, and shall be
subject to the terms of this Agreement  and EULA.

1.6 "Customer", "You", "Licensee", "Your" - user of VyOS and its heirs, agents,
successors, assigns and - for the purpose of Global subscription - its
Affiliates.

2. License Grant

Subject to the following terms, We grant to You a perpetual, worldwide license
to the Software (most of which includes multiple software components) pursuant
to different open sourced and public licenses. The license agreement for each
software component is located in the software component's source code and
permits you to run, copy, modify, and redistribute the software component
(subject to certain obligations in some cases), both in source code and binary
code forms, with the exception of the images identified in Section 4 below. You
shall either agree to the terms of each applicable public license or You must
not install/use those components or exercise such licensed rights.

This EULA pertains solely to the Software and does not limit your rights under,
or grant you rights that supersede, the license terms of any particular
component.

2.1 Limited Modifications. For the avoidance of doubt, Licensee is permitted to
use VyOS from Us in accordance with VyOS terms and conditions and on the
specific quotation, purchase order and/or the subscription or customized
agreements, if any. Any other modifications of VyOS terms and conditions won't
be allowed, except as expressly authorized through a separate custom agreement,
unless otherwise defined by this Agreement, specific quotation, purchase order
and/or the subscription or customized agreements.

2.2 No Unbundling. Nonetheless, the Software is designed and provided to
Licensee solely as permitted herein. Licensee shall not unbundle or repackage
the Software for distribution, transfer or other disposition, unless otherwise
specified by this Agreement.

3. Prohibited Use and Allowed Use

3.1 Except as expressly authorized through a separate custom agreement,
Licensee and the Authorized Users are prohibited from:
(a) using the Software on behalf of third parties;
(b) sublicensing, licensing, renting, leasing, lending or granting other rights
    in the Software including rights on a membership or subscription basis;
(c) providing use of the Software in a service bureau arrangement, outsourcing
    or on a time sharing basis;
(d) interfere with or disrupt the Software or systems used to provide the VyOS
    or other equipment or networks connected;
(e) circumvent or disclose the user authentication or security of the Software
    or any host, network, or account related thereto or attempt to gain
    unauthorized access;
(f) store or transmit SPAM or malicious code;
(g) duplicate the Software or publish the Software for others to copy;
(h) infringe the intellectual property rights of any entity or person; or
(i) make any use of the Software that violates any applicable local, state,
    national, international or foreign law or regulation.

For more information about how to obtain a custom agreement, please contact us
at: sales@vyos.io.

3.2 The following uses of the Software shall be allowed:
(a) any lab setup within the Licensee or on an Authorized User's personal
    device, for the purpose of learning, testing, or debugging company network
    configs, and
(b) any use in Authorized User's personal home networks, including but not
    limited to Internet access, corporate VPN access, learning and
    experimentation.

4. Intellectual Property Rights

The Software and each of their components are owned by Us and other licensors
and are protected under copyright law and other laws as applicable. Title to
the Software and any component and systems, or to any copy or modification
shall remain with Us and other licensors, subject to the applicable license.
The "VyOS" mark, the individual Software marks, and the "VyOS" logo are
trademarks or registered trademarks in the EU, US and other countries. Artwork
files that feature the VyOS logo, including but not limited to boot splash
images and user interface elements, are Our property, distributed on the "all
rights reserved" basis. You cannot redistribute those files separately or as
part of Software without an express permission from the copyright holder. By
accepting this Agreement You commit not to register or request registration of
any commercial name, domain name, email, trademark, symbol or distinctive;
sign, with similar characteristics, color, typography, style or appearance or
that includes the word "VyOS" or/and VyOS logo.

This EULA does not permit you to distribute the Software using VyOS trademarks,
regardless of whether the Software has been modified. You may make a commercial
redistribution of the Software only if
(a) permitted under a separate written agreement with Us authorizing such
    commercial redistribution or
(b) you remove and replace all Our occurrences and VyOS trademarks and logos.

Modifications to the software may corrupt the Software.

4.1 The Licensee grants Us a right to use its logos and trademarks for the
purpose of displaying their Licensee status on the VyOS website, and for the
purposes specified in VyOS Subscription Agreement. We will not claim that the
Licensee endorses VyOS and will not publicize any details of Licensee's VyOS
usage, network setup, or any other information not explicitly provided by the
Licensee for public release.

4.1.1 The Licensee can revoke Our right to use Licensee's trademarks and logos
at any time, unless otherwise agreed in VyOS Subscription Agreement, or Our
Quotation.

5. Updates

Along with all software update subscriptions, We provide security updates,
hot-fixes and security advisory notifications before public disclosure
(herein after collectively referred to as the "Updates"). You expressly
acknowledge and agree that We have no obligation to make available and/or
provide any Updates. All upgrades and Updates are provided by Us or through
Our Business Partners to Licensee at Our sole discretion and are subject to
the terms of this Agreement on a license exchange basis. Any obligations that
We may have to support previous versions during the license term may end upon
the availability of this update. Upgrades and Updates may be licensed to
Licensee by Us with additional or different terms.

6. Support

This agreement does not automatically entitle the Licensee to any support for
the Software provided by Us or through Our Business Partners unless otherwise
specified in the subscription terms. For the avoidance of doubt, We have no
liability and provide no support for any hardware or any cloud marketplace
services provided by any Business Partner or Cloud Provider. Where available,
maintenance and support may be purchased separately subject to a separate
VyOS's support services included subscriptions.

Support for software built from source code by a party other than Us, with or
without modifications made by the Licensee or a third party, is provided only
through separate agreements.

For more information about how to obtain a VyOS's software and support services
included subscriptions, please contact us at: sales@vyos.io.

7. Term and Termination.

This Agreement begins on the Effective Date and shall remain in effect until
terminated due to
(a) Licensee fails to pay the fees amounts associated to Our subscriptions
    when due or otherwise materially breaches this Agreement, specific
    quotation, purchase order and/or the subscription or customized agreements
    and fails to remedy the breach within ten (10) days from the receipt of a
    notification sent in writing or electronically,
(b) Licensee's deactivation or subscription cancellation of the Software,
(c) Licensee fails to pay the Business Partner, or terminate the agreement with
    a Business Partner, or Business Partner fails to pay Us the applicable fees
    of your Software and/or Services, or
(d) We change, cease to provide or discontinue the Software at any time.

Upon the occurrence of (a), (b), (c) or (d), above, We are entitled to
terminate this Agreement. Upon termination of this Agreement for any reason,
Licensee shall discontinue use of the Software. If you have copies of the
Software obtained when You still had an active subscription, you can keep using
them indefinitely as long as you comply with this Agreement and VyOS
Subscription Agreement, in particular - with Section 4 above and provided this
is not intended to interfere with any rights you may have from other public
and open source licenses.Termination shall not, however, relieve either party
of obligations incurred prior to the termination. The following Sections shall
survive termination of this Agreement: Definitions, Intellectual Property
Rights, Limited Warranty, Limitation of Remedies and Liability, General, Term
and Termination, and others which by their nature are intended to survive.

8. Limited Warranty

Except as specifically stated in this Section 8, a separate agreement with Us,
or a license for a particular component, to the maximum extent permitted under
applicable law, the Software and the components are provided and licensed
"as is" without warranty of any kind, express or implied, including the
implied warranties of merchantability, non-infringement, integration, quiet
enjoyment, satisfactory quality or fitness for a particular purpose. Neither
Us nor Our affiliates and Business Partners warrant that the Software will
meet your requirements, will be uninterrupted, timely, secure; that the
operation of the Software will be entirely error-free, appear or perform
precisely as described in the accompanying documentation, or comply with
regulatory requirements; that the results that may be obtained from the use of
the Software will be effective, accurate or reliable; the quality of the
Software will meet your expectations; or that any errors or defects in the
Software will be corrected. This warranty extends only to the party that
purchases subscription services for the Software from Us and/or Our affiliates
or a Our authorized Business Partner.

We and Our affiliates specifically disclaim any liability with regard to any
actions resulting from your use of the Software. Any material downloaded or
otherwise obtained through use of the Software is accessed at your own
discretion and risk, and you will be solely responsible for any damage to your
computer system or loss of data that results from use of the Software. We and
Our affiliates assume no liability for any malicious software that may be
downloaded to your computer as a result of your use of the Software.

We will not be liable for any loss that you may incur as a result of a third
party using your password or account or account information in connection with
the Software, either with or without your knowledge.

Licensee assumes the entire cost of all necessary servicing, repair, or
correction of problems caused by viruses or other harmful components; We
disclaim and makes no warranties or representations as to the accuracy,
quality, reliability, suitability, completeness, truthfulness, usefulness, or
effectiveness of the outputs, logs, reports, data, results or other information
obtained, generated or otherwise received by Licensee from accessing and/or
using the Software or otherwise resulting from this Agreement; and Licensee
shall use the Software at its own risk and in no event shall We be liable to
Licensee for any loss or damage of any kind (except personal injury or death
resulting from Our negligence, fraud or fraudulent misrepresentation and any
other liability that cannot be excluded by law) arising from Licensee's use of
or inability to use the Software or from faults or defects in the Software
whether caused by negligence or otherwise.

Licensee agrees to defend, indemnify and hold Us harmless from any losses,
liabilities, damages, actions, claims or expenses (including legal fees and
court costs) arising or resulting from Licensee's breach of any term of this
agreement or caused by acts or omissions performed by licensee.

Some jurisdictions do not allow the exclusion of certain warranties, the
limitation or exclusion of implied warranties, or limitations on how long an
implied warranty may last, so the above limitations may not apply to you.

9. Limitation of Remedies and Liability

To the maximum extent permitted under applicable law, under no circumstances
will We, Our affiliates, any of Our authorized Business Partner, or the
licensor of any component provided to you under this EULA be liable to you for
any direct, indirect, incidental, special, exemplary, punitive, or
consequential damages (including, but not limited to, procurement of substitute
goods or services, computer failure or malfunction, loss of data or profits,
business interruption, etc.) however caused and on any theory of liability,
whether in contract, strict liability, or tort (including negligence or
otherwise) arising in any way out of the use of the software or inability to
use the software, even if We, Our affiliates, an authorized Business Partner,
and/or licensor are aware of or have been advised of the possibility of such
damage. To the extent permitted by law and as the maximum aggregate liability,
Our or Our affiliates' liability, an authorized Business Partner's liability
or the liability of the licensor of a component provided to you under or in
connection with this EULA will be limited to the lesser of either five hundred
United States dollars ($500) or the fees paid by the Licensee or by Business
Partner and received by Us for the Software and attributable to the 6 month
period immediately preceding the first event giving rise to such liability. The
limitations and exclusions in this section  apply to the maximum extent
permitted by applicable law in your jurisdiction. Some jurisdictions prohibit
the exclusion or limitation of liability for incidental, consequential or
punitive damages. Accordingly, the limitations and exclusions set forth above
may not apply to you.

10. Compliance and Export Control

You understand that countries may restrict the import, use, export, re-export
or transfer of encryption products and other controlled materials (which may
include the Software or related technical information licensed hereunder). You
agree to comply with export regulations by the Bureau of Industry and Security
of the U.S. Department of Commerce and all applicable laws, restrictions and
regulations in Your use of the Software, including but not limited to export
restrictions of various countries that the Software may be subject to, and
personal data protection regulations. You should comply with and oblige to
secure Us from any breach of any law and regulation, from any claim or
litigation arising as a result of such breach and to reimburse Us any loss,
resulting from such breach. You will not use the Software for a prohibited use.
10.1 Sanctions compliance. You undertake to follow that You and any person,
allowed to use the Software and the Services by You, is not a subject or the
target of sanctions, embargoes and restrictive measures ("Sanctions"),
administered by the Office of Foreign Assets Control of the U.S. Department of
the Treasury or the U.S. Department of State, the United Nations Security
Council, the European Union, Her Majesty's Treasury of the United Kingdom,
Department of Foreign Affairs and Trade of the Australian Federal Government,
or other relevant sanctions authority ("Sanctioning Authorities").

You undertake to comply with all the abovementioned Sanctions in all possible
ways to keep Us harmless and oblige to immediately terminate  relations with
any person that becomes (or is) subject or target of any of the abovementioned
Sanctions, or assists anybody to evade or violate the above mentioned Sanctions.

11. Third-Party Beneficiary

Licensee acknowledges and agrees that Our licensors (and/or Us if Licensee
obtained the Software from any party other than Us) are third party
beneficiaries of this Agreement, with the right to enforce the obligations set
forth herein with respect to the respective technology of such licensors and/or
Ours.

12. Third-party components, contributions and software programs

We do not assert any Intellectual Property Rights over:
(a) components created by third parties that may be taken from upstream
    sources in binary form compiled by Us from the source code;
(b) source code and documentation of the Software, which is develope
    ollaboratively and is open to contributions by parties not affiliated with
    Us (to such purpose, contributors give Us non-exclusive rights according
    to the licenses of the Software and documentation);
(c) third parties software or programs included therein or therewith the
    Software.

13. General

If any provision of this EULA is held to be unenforceable, the enforceability
of the remaining provisions shall not be affected.

Updates and upgrades may be licensed to Licensee by Us with additional or
different terms.

You are not allowed to transfer or assign this EULA or any rights hereunder,
unless with Our previous written consent. Please inform Us of Your intention
to transfer or assign in advance so We can respond accordingly. Conversely, We
may transfer, assign, sublicense or delegate the EULA or any portions thereof,
without restriction. We also may subcontract any performance associated with
the Software to third parties, provided that such subcontract does not relieve
Us of any of Our obligations under this EULA.

Licensee may not sublicense, transfer or assign, whether voluntarily or by
operation of law, any right or license in or to the Software. Any attempted
sublicense, transfer or assignment shall be void.

We may, from time-to-time modify this agreement.

Licensee shall comply with all applicable laws and regulations pertaining to
this Agreement

This Agreement, along with a VyOS Subscription Agreement, Privacy Policy and
Terms and Conditions, any quotation, purchase order and services level
agreement, if applicable, and any other documents deemed to be incorporated by
reference in it, constitutes the entire agreement between the parties with
respect to its subject matter and it supersedes all prior or contemporaneous
agreements concerning such matter. If you order VyOS from a Business Partner,
then any agreement that you enter into with a Business Partner is solely
between you and a Business Partner and will not be binding on Us.

In the table below, "Customer Location" refers to where Customer is located
(as determined by Customer's business address on the invoice) and determines
which table row applies to Customer:

Customer Location*         VyOS Contracting Entity  Governing Law  Venue/Courts
==================         =======================  =============  ============
North & South America      VyOS Inc                  California    Poway

EEA & UK                   VyOS EMEA Operations      Ireland       Cork
(except Spain & Portugal)  Limited

Spain, Andorra & Portugal  VyOS Networks Iberia SLU  Spain         Madrid

Asia & Oceania             VyOS APAC Pty Ltd         Australia     Sydney

Non-EEA parts of Europe,   VyOS Networks Cyprus      Cyprus        Limassol
Middle East, & Africa      Limited
(except Andorra)

*all sales via Cloud Providers are generally done by VyOS Inc., unless
otherwise decided by Us regardless of Customer location.

References to "We", "Our", "Us" are references to the applicable VyOS
Contracting Entity specified in the Contracting Entity Table, unless otherwise
has been decided for operational purposes, in the Quotation and in the invoice.
The Services are provided by that VyOS Contracting Entity.

This Agreement, and any disputes arising out of or related hereto, will be
governed exclusively by the applicable governing law above, without giving
effect to any of its conflicts of laws, rules or principles. The courts located
in the applicable venue above will have exclusive jurisdiction to adjudicate
any dispute arising out of or relating to this Agreement or its formation,
interpretation, or enforcement. Each party hereby consents and submits to the
exclusive jurisdiction of such courts. Before resorting to any external dispute
resolution mechanisms, the parties agree to use their best efforts in good
faith to settle any dispute in relation to the Agreement.

We may, in our sole discretion, amend this EULA at any time by posting a
revised version thereof on Our website and, by updating the "last updated"
date on the applicable page, or by providing reasonable notice. Your continued
use of the Software following changes to the Agreement after the effective
date of a revised version thereof constitutes Your expressed acceptance of and
the agreement to be bound by the Agreement and its future versions or updates.

'''