INFINIT.E SOFTWARE LICENSE AGREEMENT
You are attempting to download the Infinit.e information discovery and visualization platform (the "Software") through the
Amazon Web Services ("AWS") Marketplace (the "Marketplace") or to install a copy of the Software downloaded through
the Marketplace.
Please carefully read this Infinit.e Software License Agreement (this "Agreement"). This Agreement establishes the
terms and conditions under which Ikanow will permit the download, installation, and operation of the Software. This
Agreement forms a binding legal agreement between Ikanow LLC ("Ikanow") and you, or if you represent an entity or
other organization, that entity or organization (in either case, "You").
Ikanow is willing to allow You to download, install, and operate the Software, provided that You accept and agree to be
bound by this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT DOWNLOAD,
INSTALLATION, OPERATE, OR OTHERWISE ACCESS OR USE THE SOFTWARE.
BY CLICKING ON THE "ACCEPT" BUTTON BELOW (OR BY DOWNLOADING, INSTALLING, OPERATING OR
OTHERWISE ACCESSING OR USING THE SOFTWARE), YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS OF THE DATE YOU FIRST
DOWNLOAD, INSTALL, OPERATE, OR OTHERWISE ACCESS OR USE THE SOFTWARE OR CLICK ON THE
"ACCEPT" BUTTON (OR SIMILAR BUTTON) BELOW (THE "EFFECTIVE DATE").
1. AWS TERMS. This Agreement is in addition to any other licenses, agreements, policies, or guidelines You enter into in
connection with Your use of or access to the Marketplace or AWS ("AWS Terms"). The AWS Terms will continue to
govern and control Your use of and access to the Marketplace, AWS, and the services provided through AWS, provided
that this Agreement will control in all respects with regard to the Software and Your rights to download, install, operate, or
otherwise access or use the Software.
2. APPLICABLE OPEN SOURCE LICENSES. The Software is licensed to You by Ikanow under the terms of either the GNU
Affero General Public License, Version 3 or the Apache License, Version 2.0 (together, the "Open Source Licenses").
The Open Source License applicable to each portion of the Software is as designated or indicated on or in connection
with the portion of the Software to which the Applicable Open Source License applies or on the web site located at:
https://ikanow.jira.com (or any successor thereto established by Ikanow). Nothing in this Agreement is intended to limit
Your rights under, or to grant rights or impose restrictions that supersede, the terms of any Open Source License
applicable to any portion of the Software.
3. THIRD PARTY SOFTWARE. The Software may include software owned or provided by third-parties ("Third Party
Software"). If any Third Party Software is indicated on or in connection with that Third Party Software, or on the web site
located at: https://ikanow.jira.com (or any successor thereto established by Ikanow), to be subject to the terms of a third
party software license (each, a "Third Party License"), then the terms of that Third Party License will apply to the Third
Party Software independent of the terms of this Agreement or any Open Source License. All other Third Party Software
included in or with the Software will be subject to the terms of this Agreement and the Open Source License applicable to
that Third Party Software, and may be used by You only under the terms of this Agreement and the applicable Open
Source License. Nothing in this Agreement is intended to limit Your rights under, or to grant rights or impose restrictions
that supersede, the terms of any Third Party License applicable to any Third Party Software.
4. NO OTHER RIGHTS GRANTED. You are granted no licenses or other rights to download, install, operate, or otherwise
access or use any portion of the Software other than as stated in this Agreement and in the Open Source License or Third
Party License applicable to that portion of the Software. Other than as stated in the applicable Open Source Licenses or
Third Party Licenses applicable to the Software, You may not install, operate or otherwise download, install, operate, or
otherwise access or use any portion of the Software in any manner. In particular, You may not, and will not permit any
user of the Software or any other third party to: (1) modify, adapt, alter, translate, or create derivative works from the
Software; (2) use or merge the Software or any component or element thereof with other software not provided by Ikanow;
(3) sublicense, distribute, sell, or otherwise transfer the Software to any third party; (4) use the Software for service
bureau use, or lease, rent or loan the Software or the use thereof to any third party; or (5) reverse engineer, decompile,
disassemble, or otherwise attempt to derive the source code for the Software. You may not remove, alter or obscure any
copyright notice or any other proprietary notice that appears on or in the Software or on any copies.
5. COMMERCIAL LICENSE OPTION. If You would like to obtain a license to download, install, operate, or otherwise use or
access the Software under a license other than as stated in this Agreement (a "Commercial License"), please contact
Ikanow at www.ikanow.com. Any Commercial License is separate from this Agreement and the Open Source Licenses
applicable to the Software as stated in this Agreement. Unless or until You have entered into a separate Commercial
License with Ikanow, Your sole right to download, install, operate, or otherwise access or use the Software is as stated in
this Agreement and the Open Source Licenses and Third Party Licenses applicable to the Software.
6. OWNERSHIP. The Software is licensed, not sold, to You for use under the terms of this Agreement. Ikanow and its
licensors reserve all rights not expressly granted to You under this Agreement and retain all right, title, and interest in and
to the Software and all intellectual property and proprietary rights therein or relating thereto throughout the world. Except
as expressly stated in this Agreement, Ikanow grants no rights or licenses to You (whether by implication, estoppel, or
otherwise) in or to the Software or any intellectual property or proprietary rights therein or relating thereto.
7. TERM AND TERMINATION. This Agreement will begin on the Effective Date and will terminate immediately (either with or
without notice to You) as to any portion of the Software upon any termination of any Open Source License or Third Party
License applicable to that portion of the Software. Upon termination of this Agreement, all rights and licenses to the
Software granted to You in this Agreement will immediately cease to exist and You agree to promptly discontinue all use
of the Software and destroy the Software and all copies thereof in Your possession or control.
8. WARRANTY DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, AND ANY RESULTS
OBTAINED FROM THE USE THEREOF, ARE PROVIDED BY IKANOW "AS IS" AND IKANOW DOES NOT MAKE AND EXPRESSLY DISCLAIMS
ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND REGARDING THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. IKANOW DOES NOT WARRANT THAT THE OPERATION OF SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT THE SOFTWARE WILL OPERATE IN COMBINATIONS THAT MAY BE SELECTED FOR USE BY YOU OR THAT THE
SOFTWARE MEETS ANY OF YOUR REQUIREMENTS.
9. INDEMNIFICATION. You will, at Your own expense, indemnify, defend, hold harmless and pay all costs, damages,
liabilities, and expenses (including reasonable attorney's fees) incurred by or awarded against Ikanow and its licensors,
and each of their respective officers, directors, employees, contractors, contributors, or agents, based on any claims,
allegations or lawsuits that may be made or filed against Ikanow or its licensors by any third party as a direct or indirect
result of Your download, installation, operation, or other access to or use of the Software. Ikanow will give You prompt
notice of any claim subject to this Section.
10. LIMITATION OF REMEDIES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR
OTHERWISE, IN NO EVENT WILL IKANOW BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE
(INCLUDING, WITHOUT LIMITATION, ANY LOSS OR INTERRUPTION OF BUSINESS, PROFITS, OR DATA), EVEN IF IKANOW HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
YOUR RIGHTS AS STATED HEREIN ARE YOUR EXCLUSIVE REMEDIES. THE MAXIMUM TOTAL LIABILITY OF IKANOW RELATING TO THIS
AGREEMENT, THE SOFTWARE, OR THE OPERATION OF THE SOFTWARE, WILL NOT EXCEED $10. IN STATES WHERE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, IKANOW'S LIABILITY IS LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
11. U.S. GOVERNMENT END USERS. The Software is a "commercial item" as that term is defined at FAR 2.101 (Oct 1995),
consisting of "commercial computer software" and "commercial computer software documentation" as such terms are
used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item. Consistent
with FAR. 12.212 and DFARS 227.7202 (Jun 1995), all U.S. Government End Users acquire the Software with only those
rights set forth herein.
12. EXPORT LAW. The Software and related technology are subject to U.S. export control laws and may be subject to
export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and
acknowledges that you have the responsibility to obtain such licenses to export, re-export, or import as may be required.
You will indemnify and hold Ikanow harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs
and expenses (including attorney's fees) arising from or relating to any breach by Licensee of its obligations under this
paragraph. Your obligations under this Section will survive the expiration or termination of this Agreement.
13. NOTICES. Any notice, authorization, or consent ("Notice") required or permitted to be given or delivered by You under
this Agreement will be in writing and addressed and delivered to the address for Ikanow set forth on the Ikanow web site
at www.ikanow.com (to the attention of "Legal"). All notices will be sent by US mail (postage prepaid), using a reputable,
expedited overnight or international courier, or hand delivered. All notices will be deemed to have been received by
Ikanow on the day actually received by Ikanow. Any Notice required or permitted to be given or delivered by Ikanow
under this Agreement may be provided to You at the email address or street address provided by You to Ikanow or in
connection with the download of the Software or the use of the Marketplace. All notices will be deemed to have been
received by You on the 3rd business day after which such Notice is sent by Ikanow. Either party may change its address
for receipt of Notice purposes upon issuance of Notice thereof in accordance with this Section.
14. ADDITIONAL TERMS. English (U.S.) will be the language used in all notices and other communications under this
Agreement and the English (U.S.) version of this Agreement and any notice or communication under this Agreement will
prevail in the case of any ambiguity or inconsistency with any version in any other language. This Agreement will be
governed by the laws of the Commonwealth of Virginia (U.S.A.), without regard to or application of conflicts of law rules or
principles. The Federal and State Courts located in Richmond, Virginia (U.S.A.) shall have sole and exclusive jurisdiction
over any disputes arising under this Agreement and You hereby submit to the personal jurisdiction of such courts. If any
provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will
remain in full force. The parties expressly exclude (as may be applicable) the application of the United Nations
Convention on the International Sale of Goods. The failure of either party to require performance by the other party of any
provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by
either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Neither this
Agreement nor any of Your rights or obligations hereunder may be assigned, transferred or delegated by You in whole or
in part, and whether by operation of law or otherwise, without the prior written approval of Ikanow. Any assignment,
transfer or delegation in derogation of the foregoing shall be null and void. Ikanow may assign or transfer this Agreement
for any reason with or without notice to You. This Agreement and any applicable Open Source License or Third Party
Agreement comprise the complete and exclusive statement of the agreement between Ikanow and You with respect to the
Software and supersede any proposal or prior agreement, oral or written, and any other communications between the
parties in relation to the subject matter of this Agreement. This Agreement shall not be modified except by a subsequently
dated written amendment or exhibit signed by both parties by their duly authorized representatives.