Technology Leadership Corporation. Copyright 2022. All Rights Reserved. END USER LICENSE AGREEMENT This copy of TLC's Oracle Enterprise Linux 8.5 with Oracle Unbreakable Kernel AMI ("the Software Product") and accompanying documentation is licensed and not sold. This software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Technology Leadership Corporation, Technology Leadership, LLC or its subsidiaries, affiliates and suppliers (collectively "TLC") own intellectual property rights in the Software Product. The Licensee's ("you" and "your") license to download, use, copy or change the Software Product is subject to these rights and to all terms and conditions of this End User License Agreement ("Agreement"). Acceptance YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO USE THE SOFTWARE PRODUCT. IF YOU SELECT "DECLINE" OR OTHERWISE DO NOT ACCEPT, YOU MUST NOT INSTALL, USE OR COPY THE SOFTWARE PRODUCT. License Grant This agreement entitles you to install and use one copy of the Software Product per Amazon instance. In addition, you may download and make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation on an Amazon instance instantiated using the Software Product. Multiple copy use or installation is only allowed if you obtain a licensed copy of the Software Product via purchase of its corresponding Amazon instance. Restrictions on Transfer Without first obtaining the express written consent of TLC, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product. Restrictions on Use You may not use, copy or install the Software Product on any system outside of Amazon EC2. If you have purchased multiple copies of the Software Product via instantiation in Amazon EC2, you may not use, copy or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying or installation on more computers than the number permitted by license. For example, you may not virtualize your server and copy the software from the host computer into any of its virtual guests. This Agreement does not permit the installation, use, distribution, or resale of portions of the Software Product to any parties who have not accepted this Agreement, or on any unlicensed computer. You may not decompile, "reverse-engineer", disassemble or otherwise attempt to derive software code for the Software Product for any reason. Technology Leadership Corporation. Copyright 2022. All Rights Reserved. Restrictions on Alteration You may not modify the Software Product or create any derivative work on the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product except where explicitly stated in Software Product documentation or as directed IN WRITING by TLC staff. Restrictions on Copying You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive. You may not make a copy of the Software Product or any portion of it, and install it on any computer outside of Amazon EC2, or on any computer inside Amazon EC2 that is not instantiated using the Software Product Amazon Machine Image (AMI). Disclaimer of Warranties and Limitation of Liability UNLESS OTHERWISE EXPLICITLY AGREED IN WRITING BY TLC, TLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. TLC makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. TLC makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCTS SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY, PERFORMANCE, AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. TLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL TLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF TLC OR ANY OTHER PARTY, EVEN IF TLC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DMAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS TLC'S ABILITY OT DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
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