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Agreement:*		Please note: this document may contain more than one Proxmox end user license agreement and one or more third party end user license agreements. By indicating your acceptance, you are agreeing to the terms and conditions of all these agreements. Proxmox Software License Agreement Please read this agreement carefully. By installing or otherwise using the software (including its components), you agree to the terms of this agreement. If you do not agree with these terms, do not download, install or use the software. The software may not be sold, transferred, of further distributed without prior written authorization from Proxmox. Rights and Licenses This Proxmox Software License Agreement ("Agreement") is a legal agreement between you (an entity or a person) and Proxmox Server Solutions GmbH ("Proxmox") with respect to the software product identified in the title of this Agreement, media (if any) and accompanying documentation (collectively the "Software"). The Software is a collective work of Proxmox. You must acquire a license for each installation of the Software and for each additional copy (or partial copy) of the Software stored or loaded in memory or virtual memory beyond the initial copy necessary for execution of the Software installed on the hardware. The Software is a modular operating system. Most of the components are open source packages, developed independently, and accompanied by separate license terms. Your license rights with respect to individual components accompanied by separate license terms are defined by those terms; nothing in this Agreement shall restrict, limit, or otherwise affect any rights or obligations you may have, or conditions to which you may be subject, under such license terms. While the license terms for a component may authorize you to distribute the component, you may not use any Proxmox marks in distributing the component, whether or not the component contains Proxmox marks. Other license terms and restrictions The Software is protected by the copyright laws and treaties of Austria and other countries and is subject to the terms of this Agreement. The Software is licensed to you, not sold. The Software may be bundled with other software programs ("Bundled Programs"). Your license rights with respect to Bundled Programs accompanied by separate license terms are defined by those terms; nothing in this Agreement shall restrict, limit, or otherwise affect any rights or obligations you may have, or conditions to which you may be subject, under such license terms. Proxmox reserves all rights not expressly granted to you. You may not: (1) reverse engineer, decompile, or disassemble the Software except and only to the extent it is expressly permitted by applicable law or the license terms accompanying a component of the Software; or (2) transfer the Software or your license rights under this Agreement, in whole or in part. Maintenance and support Your rights with respect to updates, patches, or other materials received under a subscription to a Proxmox maintenance program for the Software are defined by the relevant maintenance program terms. Proxmox has no obligation under this Agreement to provide maintenance or support for the Software. Depending on how you acquired the Software, you may have also acquired a maintenance subscription for the Software. For more information on Proxmox´s current maintenance and support offerings, see http://www.proxmox.com. Ownership rights No title to or ownership of the Software is transferred to you. Proxmox and/or its licensors owns and retains all title and ownership of all intellectual property rights in the Software, including any adaptations or copies. You acquire only a license to use the Software. Warranty The Software is being delivered to you "as is" and Proxmox makes no warranty as to its use or performance. Proxmox and its suppliers do not and cannot warrant the performance or results you may obtain by using the software. Except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, Proxmox 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 non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose. The software is not designed, manufactured or intended for use or distribution with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation, communication, or control systems, or other uses in which failure of the software could lead directly to death, personal injury, or severe physical or environmental damage. The software is only compatible with certain computers and operating systems. The software is not warranted for non-compatible systems. Call Proxmox or your dealer for information about compatibility. Non-Proxmox Products. The Software may include or be bundled with hardware or other software programs licensed or sold by a licensor other than Proxmox. Proxmox does not warrant non-Proxmox products. Any such products are provided on an “as is” basis. Any warranty service for Proxmox products is provided by the product licensor in accordance with the applicable licensor warranty. Expect as otherwise restricted by law, Proxmox disclaims and excludes any and all implied warranties including any warranties of merchantability, title, non-infringement, or fitness for a particular purpose. Proxmox makes no warranty, representation or promise not expressly set forth in this limited warranty. Proxmox does not warrant that the software will satisfy your requirements or that the operation of the software will be uninterrupted. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to you. This limited warranty gives you specific rights and you may also have other rights which vary from state to state. Limitation of liability In no event will Proxmox or its suppliers be liable for any loss of data, loss of income, loss of opportunity or profits, cost of recovery or any other special, incidental, consequential or indirect damages arising out of or in connection with this agreement, or the use of the software, reference materials or accompanying documentation, however caused and on any theory of liability. This limitation will apply even if Proxmox, its suppliers or authorized distributors have been advised of the possibility of such damage. In no event shall the liability of Proxmox exceed the amount paid for the licensed software at issue. You acknowledge that the license fee reflects this allocation of risk. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. General terms Term. This Agreement becomes effective on the date you legally acquire the Software and will automatically terminate if you breach any of its terms. Upon termination of this Agreement, you must destroy the original and all copies of the Software or return them to Proxmox and delete the Software from your systems. Benchmark Testing. This benchmark testing restriction applies to you if you are a software vendor or if you are performing testing on the Software at the direction of or on behalf of a software vendor. You may not, without Proxmox's prior written consent not to be unreasonably withheld, publish or disclose to any third party the results of any benchmark test of the Software. If you are a vendor of products that are functionally similar to or compete with the Software ("Similar Products"), or are acting on behalf of such a vendor, and you publish or disclose benchmark information on the Software in violation of this restriction, then notwithstanding anything to the contrary in the Similar Product's end user license agreement, and in addition to any other remedies Proxmox may have, Proxmox shall have the right to perform benchmark testing on Similar Products and to disclose and publish that benchmark information and you hereby represent that you have authority to grant such right to Proxmox. Transfer. This Agreement may not be transferred or assigned without the prior written approval of Proxmox. Law and Jurisdiction. This Agreement is governed by the laws of Austria, Europe. Any action at law relating to this Agreement may only be brought before the courts of competent jurisdiction of Austria. Entire Agreement. This Agreement and the Upgrade/Additive Agreement (if applicable) sets forth the entire understanding and agreement between you and Proxmox and may be amended only in a writing signed by both parties. No licensor, distributor, dealer, retailer, reseller, sales person, or employee is authorized to modify this agreement or to make any representation or promise that is different from, or in addition to, the terms of this agreement. Waiver. No waiver of any right under this Agreement will be effective unless in writing, signed by a duly authorized representative of the party to be bound. No waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future right arising under this Agreement. Severability. If any provision in this Agreement is invalid or unenforceable, that provision will be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this Agreement will remain unaffected. Export Compliance. Any person or entity exporting or re-exporting Proxmox products directly or indirectly and via any means, including electronic transfer, is wholly responsible for doing so in accordance with the Austrian Export Administration Regulations and the laws of host countries. Proxmox assumes no responsibility or liability for your failure to obtain any necessary export approvals. Approvals are dependent upon an item's technical characteristics, the destination, end-use and end-user, as well as other activities of the end user. Specifically, no Proxmox product may be exported to embargoed or otherwise restricted countries or end users. Please consult the Bureau of Industry and Security web page and other sources before exporting Proxmox products and familiarize yourself with the laws of destination countries before re-exporting Proxmox products. This provision shall survive the expiration or earlier termination of this Agreement. Other. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. © 2005 Proxmox Server Solutions GmbH, All Rights Reserved. 01/04/05 I accept.
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