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Elementor #7308

Cloudologix > Elementor #7308
End User Licence Agreement

End User Licence Agreement

Last updated June 15 2024

Cloudoberry is licensed to You (End-User) by Cloudologix Ltd. located and registered at 71-75 Shelton Street London WC2H 9JQ UK London WC2H 9JQ United Kingdom ('Licensor') for use only under the terms of this Licence Agreement. Our VAT number is GB401622351.

By downloading the Licensed Application from and any update thereto (as permitted by this Licence Agreement) You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement and that You accept this Licence Agreement. referred to in this Licence Agreement as 'Services'.

The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application such as warranty liability maintenance and support thereof. Cloudologix Ltd. not the Services is solely responsible for the Licensed Application and the content thereof.

This Licence Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest ('Usage Rules'). Cloudologix Ltd. acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not conflicting with them.

Cloudoberry when purchased or downloaded through the Services is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. Cloudoberry is to be used on devices that operate with.

TABLE OF CONTENTS

  1. THE APPLICATION
  2. SCOPE OF LICENCE
  3. TECHNICAL REQUIREMENTS
  4. MAINTENANCE AND SUPPORT
  5. USER-GENERATED CONTRIBUTIONS
  6. CONTRIBUTION LICENCE
  7. LIABILITY
  8. WARRANTY
  9. PRODUCT CLAIMS
  10. LEGAL COMPLIANCE
  11. CONTACT INFORMATION
  12. TERMINATION
  13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
  14. INTELLECTUAL PROPERTY RIGHTS
  15. APPLICABLE LAW
  16. MISCELLANEOUS

1. THE APPLICATION

Cloudoberry ('Licensed Application') is a piece of software created to PurposeThe purpose of this application is to outline the business requirements for Cloudoberry a cost management solution for cloud resources designed to address the challenges faced by large organizations in managing cloud costs efficiently. This document will serve as a guide for the development and implementation of Cloudoberry. Scope Cloudoberry aims to provide a unified user-friendly interface for managing cloud costs empowering various organizational roles to take responsibility for their resource usage and expenses. The solution will be designed to integrate seamlessly with major cloud providers such as AWS Azure and GCP while maintaining high security and governance standards.

Objective The primary objective of Cloudoberry is to provide an effective cost management solution that allows organizations to optimize their cloud expenditures improve resource utilization and enhance overall operational efficiency. Goals:

  • Shift the responsibility of cloud resource cost management from a centralized FinOps team to all organizational levels.
  • Provide an easy-to-use interface requiring no specialized knowledge of cloud platforms.
  • Ensure secure access and governance through role-based access control (RBAC).
  • Enable end users to manage and optimize their assigned resources reducing unnecessary costs.

Furthermore it is used to User Roles and Permissions Super Admin (CCoE & FinOps Team) Team Admin (Application Owners Team Leads) and End Users (Developers Testers Business Users) Cloud Cost Management Features Manual Start/Stop: Allow users to manually start and stop cloud resources. Automated Start/Stop (Schedules): Enable users to automate start and stop actions based on predefined schedules. Disk Switching: Provide the ability to switch disk types to the lowest tier to minimize costs. Schedule Overwrites: Allow users to override existing schedules with new ones as needed. Audit and Reporting Complete Audit Logs: Maintain comprehensive logs of all actions performed within the system. Cost Dashboard: Offer dashboards at each user level to provide visibility into cost metrics and trends. and Notifications: Send email notifications to users regarding actions schedules and cost-related alerts..

Data Privacy and Security: Detailing compliance with legal standards like GDPR CCPA and specific confidentiality requirements for client-attorney communications.

Data Ownership: Stipulating that users own their data and outlining the provider's rights to access and use it.

Compliance with Legal Standards: Ensuring the software meets legal industry standards and regulations.

Audit Rights: Allowing law firms to audit the provider’s compliance with security and data protection requirements.

2. SCOPE OF LICENCE

2.1 This licence will also govern any updates of the Licensed Application provided by Licensor that replace repair and/or supplement the first Licensed Application unless a separate licence is provided for such update in which case the terms of that new licence will govern.

2.2 You may not reverse engineer translate disassemble integrate decompile remove modify combine create derivative works or updates of adapt or attempt to derive the source code of the Licensed Application or any part thereof (except with Cloudologix Ltd.'s prior written consent).

2.3 You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence the Usage Rules and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party you must remove the Licensed Application from the Devices before doing so.

2.4 Violations of the obligations mentioned above as well as the attempt of such infringement may be subject to prosecution and damages.

2.5 Licensor reserves the right to modify the terms and conditions of licensing.

2.6 Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Overview for this Licensed Application.

4.2 Cloudologix Ltd. and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. USER-GENERATED CONTRIBUTIONS

The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create submit post display transmit perform publish distribute or broadcast content and materials to us or in the Licensed Application including but not limited to text writings video audio photographs graphics comments suggestions or personal information or other material (collectively 'Contributions'). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions you thereby represent and warrant that:

  1. The creation distribution transmission public display or performance and the accessing downloading or copying of your Contributions do not and will not infringe the proprietary rights including but not limited to the copyright patent trademark trade secret or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licences rights consents releases and permissions to use and to authorise us the Licensed Application and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.
  3. You have the written consent release and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.
  4. Your Contributions are not false inaccurate or misleading.
  5. Your Contributions are not unsolicited or unauthorised advertising promotional materials pyramid schemes chain letters spam mass mailings or other forms of solicitation.
  6. Your Contributions are not obscene lewd lascivious filthy violent harassing libellous slanderous or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule mock disparage intimidate or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law regulation or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments that are connected to race national origin gender sexual preference or physical handicap.
  13. Your Contributions do not otherwise violate or link to material that violates any provision of this Licence Agreement or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in among other things termination or suspension of your rights to use the Licensed Application.

6. CONTRIBUTION LICENCE

You agree that we may access store process and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Licensed Application you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

7. LIABILITY

7.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Licence Agreement. To avoid data loss You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application You will not have access to the Licensed Application.

8. WARRANTY

8.1 Licensor warrants that the Licensed Application is free of spyware trojan horses viruses or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

8.2 No warranty is provided for the Licensed Application that is not executable on the device that has been unauthorisedly modified handled inappropriately or culpably combined or installed with inappropriate hardware or software used with inappropriate accessories regardless if by Yourself or by third parties or if there are any other reasons outside of Cloudologix Ltd.'s sphere of influence that affect the executability of the Licensed Application.

8.3 You are required to inspect the Licensed Application immediately after installing it and notify Cloudologix Ltd. about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of thirty (30) days after discovery.

8.4 If we confirm that the Licensed Application is defective Cloudologix Ltd. reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

8.5 In the event of any failure of the Licensed Application to conform to any applicable warranty You may notify the Services Store Operator and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application and any other losses claims damages liabilities expenses and costs attributable to any negligence to adhere to any warranty.

8.6 If the user is an entrepreneur any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

9. PRODUCT CLAIMS

Cloudologix Ltd. and the End-User acknowledge that Cloudologix Ltd. and not the Services is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application including but not limited to:

  1. product liability claims;
  2. any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection privacy or similar legislation.

10. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a 'terrorist supporting' country; and that You are not listed on any US Government list of prohibited or restricted parties.

11. CONTACT INFORMATION

For general inquiries complaints questions or claims concerning the Licensed Application please contact:

Anil Agarwal
71-75 Shelton Street London WC2H 9JQ UK
London WC2H 9JQ
United Kingdom
[email protected]

12. TERMINATION

The licence is valid until terminated by Cloudologix Ltd. or by You. Your rights under this licence will terminate automatically and without notice from Cloudologix Ltd. if You fail to adhere to any term(s) of this licence. Upon Licence termination You shall stop all use of the Licensed Application and destroy all copies full or partial of the Licensed Application.

13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Cloudologix Ltd. represents and warrants that Cloudologix Ltd. will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User Licence Agreement' subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms and conditions of this Licence Agreement will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.

14. INTELLECTUAL PROPERTY RIGHTS

Cloudologix Ltd. and the End-User acknowledge that in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights Cloudologix Ltd. and not the Services will be solely responsible for the investigation defence settlement and discharge or any such intellectual property infringement claims.

15. APPLICABLE LAW

This Licence Agreement is governed by the laws of England and Wales English law excluding its conflicts of law rules.

16. MISCELLANEOUS

16.1 If any of the terms of this agreement should be or become invalid the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

16.2 Collateral agreements changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.