This End-User License Agreement ("EULA") is a legal agreement between you and Ensius B.V.
This EULA agreement governs your acquisition and use of our Hercules CI Enterprise software ("Software") directly from Ensius B.V. or indirectly through a Ensius B.V. authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Hercules CI Enterprise software. It provides a license to use the Hercules CI Enterprise software and contains warranty information and liability disclaimers.
If you make use of a free trial of the Hercules CI Enterprise software, this EULA agreement will also govern that trial. By clicking installing and/or using the Hercules CI Enterprise software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software (Hercules CI Enterprise) supplied by Ensius B.V. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Ensius B.V. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. Notably, this EULA agreement does not cover any software available through github.com, unless explicitly stated otherwise in an accompanying document.
Ensius B.V. hereby grants you a personal, non-transferable, non-exclusive licence to use the Hercules CI Enterprise software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load a single instance of the Hercules CI Enterprise server software onto a server device (for example a virtual machine, server or PC) in your organization. Furthermore, you are permitted to load the Hercules CI Enterprise web application from the Hercules CI Enterprise server software onto any device you control (for example a laptop or tablet). You are responsible for ensuring your server device meets the minimum requirements of the Hercules CI Enterprise software. You are also responsible for the effects other software under your control may have on the availability and performance of Hercules CI Enterprise.
You are permitted to load an extra instance of the Hercules CI Enterprise server software for the sole purpose of evaluating the correctness of its configuration or for testing the correctness and compatibility of other software that integrates with the Hercules CI Enterprise API.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use an extra instance of the Software for purposes other than explicitly granted for an extra instance in this EULA agreement
- Use the Software for any purpose that Ensius B.V. considers is a breach of this EULA agreement
Ensius B.V. shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Ensius B.V.
Ensius B.V. reserves the right to grant licences to use the Software to third parties.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Ensius B.V.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of The Netherlands.
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
Should any provision of in this EULA agreement be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Ensius B.V.’s failure to assert any right or provision under the terms in this EULA agreement shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
In no event shall Ensius B.V, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to access or use the Software; (ii) any conduct or content of users of the Software; (iii) any content obtained from the Software; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Software is at your sole risk. The Software is provided on an "AS IS" and "AS AVAILABLE" basis. The Software is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Ensius B.V, its subsidiaries, affiliates, and its licensors do not warrant that a) the Software will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Software will meet your requirements.
You may be invited to try certain products or product features ("Preview Services") before we make them generally available. Preview Services are designated by terms such as "early access", "preview", "beta", "trial" or similar. Preview Services are not intended for production use, and can at any time be terminated, altered, or require payment for continued use. We may never make a Preview Service generally available.
You agree to defend, indemnify and hold Ensius B.V. and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- your use of and access to the Service, including any data or content transmitted or received by you;
- your violation of these terms, including, but not limited to, your breach of any of the representations and warranties set forth in these terms;
- your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- your violation of any statutory law, rule, or regulation; any content that is submitted from your account, including third party access with your unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- your willful misconduct; or
- statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
Amicable dispute resolution
You may bring any disputes to Ensius B.V. who will try to resolve them amicably.
While your right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of the Software, you are kindly asked to contact Ensius B.V. at [email protected].
You may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the email address specified in this document.
Ensius B.V. will process the complaint without undue delay and within 21 days of receiving it.
Copyright 2021 Ensius B.V.