Subject to the terms hereof and the Agreement, Aerospike grants Customer a personal, non sublicensable, nonexclusive, right to use the licensed product set forth on the Order Form, Customer may only access the product in conjunction with the Aerospike Cloud Managed Service on those production and non-production instances that have been expressly authorized by customer in the Provisioning Agreement. Customer may make copies of the Product for any instance that is being used solely for development or testing purposes. Aerospike retains ownership of all Products and rights therein and Customer will maintain the copyright notice and any other notices that appear on the Product on any copies and any media. Customer will not (and will not allow any third party to) (i) reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Product (except to the extent that applicable law prohibits reverse engineering restrictions), (ii) provide, lease, lend, disclose, use for timesharing or service bureau purposes, or otherwise use or allow others to use for the benefit of any third party, any Product (except as expressly and specifically authorized by Aerospike), (iii) possess or use any Product, or allow the transfer, transmission, export, or re-export of any Product or portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department’s Office of Foreign Assets Control, or any other government agency, (iv) disclose to any third party any benchmarking or comparative study involving any Product, (v) modify any Product, or (vi) run any production instance of an enterprise edition version of a Product with any community edition version of a Product. Prior to disposing of any media or apparatus containing any part of the Product, Customer shall completely destroy any Product contained therein. All the limitations and restrictions on Products in this Agreement also apply to documentation.
While all applicable fees have been timely paid for each license term, Aerospike will use reasonable commercial efforts to provide the support and maintenance services for that Product as and to the extent described at https://aerospike.com/forms/premium-support-terms/. Customer shall not use any Support Services for any unsupported application, including, without limitation, any open source or community edition of any Aerospike product. Aerospike shall be entitled to invoice Customer (and Customer shall pay) Aerospike’s then-current enterprise subscription fees for every instance of any Aerospike product (including, without limitation, any open source or community edition thereof) in connection with which Customer uses (or otherwise benefits from) any Support Services.
All licenses will terminate upon the termination of the Agreement.
Customer acknowledges that Products contain automated diagnostic routines that will automatically identify and analyze certain aspects of use and performance of Products and/or the systems on which they are installed, as well as the operator and operating environment (including problems and issues that arise in connection therewith). Aerospike will be entitled to initiate such diagnostic routines and on a quarterly basis. Such reports will be deemed Proprietary Information. Provided it does not identify Customer and is not identifiable to Customer, Aerospike will be free to use for development, diagnostic and corrective purposes any data and information it so collects relating to diagnosis, problems, systems, performance, use or functionality, and may allow others to do so. Notwithstanding anything else, Customer agrees that Aerospike may freely exploit and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations or other information provided by Customer any other party relating to the Products.
Aerospike warrants for a period of ninety (90) days from delivery of a Product that such Product will materially conform to Aerospike’s then current user documentation for such Product. This warranty covers only problems reported to Aerospike during the warranty period. ANY LIABILITY OF AEROSPIKE WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF OR ANY SERVICES PROVIDED HEREUNDER UNDER THE WARRANTY SET FORTH IN THIS SECTION 5 SHALL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR RE-PERFORMANCE OF SERVICES OR, IF REPLACEMENT OR RE-PERFORMANCE IS AN INADEQUATE REMEDY OR, IN AEROSPIKE’S OPINION, IMPRACTICAL, TO A REFUND OF AN APPROPRIATE PORTION OF THE REMAINING UNAMORTIZED APPLICABLE FEES PAID BY CUSTOMER. EXCEPT FOR THE FOREGOING WARRANTY BY AEROSPIKE, ALL PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION, EVALUATION PRODUCTS) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, AEROSPIKE DOES NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THE PRODUCT’S USE WILL BE UNINTERRUPTED.