Prasaga Technology Network License Agreement
Prasaga is willing to authorize Your access to software associated with this License Agreement (“Agreement”) only upon the condition that You accept that this Agreement governs Your use of the software. By selecting the “Accept License Agreement” button or box (or the equivalent) or installing or using XBOM You indicate Your acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with the license terms that apply to the software that You wish to download and access. If You are not willing to be bound by this Agreement, do not select the “Accept License Agreement” button or box (or the equivalent) and do not download or access the software.
“Prasaga” refers to Prasaga, “You” and “Your” refers to (a) a company or organization (each an “Entity”) accessing XBOM, if use of XBOM will be on behalf of such Entity; or (b) an individual accessing XBOM, if use of XBOM will not be on behalf of an Entity. “Contractors” refers to Your agents and contractors (including, without limitation, outsourcers). “XBOM” refers to Prasaga software provided by Prasaga pursuant to this Agreement and any updates, error corrections, and/or XBOM Documentation provided by Prasaga. “XBOM Documentation” refers to XBOM user manuals and XBOM installation manuals, if any. If available, XBOM Documentation may be delivered with XBOM and/or may be accessed from www.xbom.io/documentation. “Separate Terms” refers to separate license terms that are specified in the XBOM Documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology. “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement.
License Rights and Restrictions
Prasaga grants You a nonexclusive, nontransferable, limited license to internally use XBOM, subject to the restrictions stated in this Agreement, only for the purpose of developing, testing, prototyping, and demonstrating Your application and only as long as Your application has not been used for any data processing, business, commercial, or production purposes, and not for any other purpose. You may allow Your Contractor(s) to use XBOM, provided they are acting on Your behalf to exercise license rights granted in this Agreement and further provided that You are responsible for their compliance with this Agreement in such use. You will have a written agreement with Your Contractor(s) that strictly limits their right to use XBOM and that otherwise protects Prasaga’s intellectual property rights to the same extent as this Agreement. You may make copies of XBOM to the extent reasonably necessary to exercise the license rights granted in this Agreement. You may make one copy of XBOM for backup purposes.
Further, You may not:
- remove or modify any XBOM markings or any notice of Prasaga’s or a licensor’s proprietary rights;
- make XBOM available in any manner to any third party (other than Contractors acting on Your behalf as set forth in this Agreement);
- use XBOM to provide third party training;
- assign this Agreement or distribute, give, or transfer XBOM or an interest in them to any third party, except as expressly permitted in this Agreement for Contractors (the foregoing shall not be construed to limit the rights You may otherwise have with respect to Separately Licensed Third Party Technology);
- cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of XBOM; and
- disclose results of any XBOM benchmark tests without Prasaga’s prior consent.
XBOM may contain source code that, unless expressly licensed in this Agreement for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of this Agreement and may not be modified.
All rights not expressly granted in this Agreement are reserved by Prasaga. If You want to use XBOM or Your application for any purpose other than as expressly permitted under this Agreement, You must obtain from Prasaga a valid XBOM license under a separate agreement permitting such use. However, You acknowledge that XBOM may not be intended for production use and/or Prasaga may not make a version of XBOM available for production or other purposes; any development or other work You undertake with XBOM is at Your sole risk.
Prasaga retains all ownership and intellectual property rights to XBOM.
XBOM may contain or require the use of third party technology that is provided with XBOM. Prasaga may provide certain notices to You in XBOM Documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to You either under the terms of this Agreement or, if specified in the XBOM Documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of XBOM and is licensed to You under the terms of this Agreement.
Source Code for Open Source Software
For software that you receive from Prasaga in binary form that is licensed under an open source license that gives you the right to receive the source code for that binary, you can obtain a copy of the applicable source code from https://oss.XBOM.io/resources/.
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to XBOM. You agree that such export control laws govern Your use of XBOM (including technical data) and any services deliverables provided under this agreement, and You agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information, XBOM and/or materials resulting from XBOM or services (or direct products thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. Accordingly, You confirm:
- You will not download, provide, make available or otherwise export or re-export XBOM, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
- You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are You listed on the United States Department of Commerce Table of Denial Orders.
- You will not download or otherwise export or re-export XBOM, directly or indirectly, to persons on the above mentioned lists.
- You will not use XBOM for, and will not allow XBOM to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
XBOM installation and/or auto-update processes, if any, will never transmit any data to Prasaga. Prasaga does not collect any private or personal data.
Disclaimer of Warranties; Limitation of Liability
XBOM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PRASAGA FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT .
IN NO EVENT WILL PRASAGA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF PRASAGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRASAGA’S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000) .
No Technical Support
Unless Prasaga support for XBOM, if any, is expressly included in a separate, current support agreement between You and Prasaga, Prasaga’s technical support organization will not provide technical support, phone support, or updates to You for XBOM provided under this Agreement.
Prasaga may audit Your use of XBOM. You may terminate this Agreement by destroying all copies of XBOM. This Agreement shall automatically terminate without notice if You fail to comply with any of the terms of this Agreement, in which case You shall promptly destroy all copies of XBOM.
Relationship Between the Parties
Prasaga is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance. Nothing in this agreement shall be construed to limit either party’s right to independently develop or distribute software that is functionally similar to the other party’s products, so long as proprietary information of the other party is not included in such software.
Entire Agreement; Governing Law
You agree that this Agreement is the complete agreement for XBOM and this Agreement supersedes all prior or contemporaneous agreements or representations, including any clickwrap, shrinkwrap or similar licenses, or license agreements for prior versions of XBOM. This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of You and of Prasaga. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
This Agreement is governed by the substantive and procedural laws of the State of California, USA, and You and Prasaga agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement.
Last updated: 2 October 2020
Should you have any questions concerning this License Agreement, or if you desire to contact Prasaga, L.L.C. for any reason, please write:
9412 Steeplehill Dr.
Las Vegas, NV 89117
Prasaga, L.L.C., may contact you to ask if you had a satisfactory experience installing and using this software download.