=======
License
=======

:emphasis:`Anaconda Repository end user license agreement (EULA)`

Anaconda repository ("the Software Product") comprises a collection of
proprietary software packages as well as subscription rights to network
repositories maintained by Continuum as well as accompanying documentation.
The Software Product is licensed and not sold and is protected by copyright
laws and treaties, as well as laws and treaties related to other forms of
intellectual property. Continuum Analytics, Inc. (dba Anaconda, Inc.) or its
subsidiaries, affiliates, and suppliers (collectively "Continuum") own
intellectual property rights in the Software Product. The Licensee's
("you" or "your") license to download, use, copy, distribute, or change the
Software Product is subject to these rights and to all the 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 ACCESSING
THE REPOSITORY OR 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 GIVEN ACCESS TO THE SOFTWARE PRODUCT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR
COPY THE SOFTWARE PRODUCT.

Other vendor tools
==================

In addition to Continuum's proprietary software, the Software Product contains
or references other software packages from other sources ("Other Vendor
Tools"). These are available on an "as is" basis and subject to their
individual license agreements. These licenses are available in the package
distributed with the Software Product or at
https://docs.anaconda.com/anaconda/packages/pkg-docs . Any binary packages of
Other Vendor Tools you obtain via the Software Product are subject to their
individual licenses as well as the terms of this EULA where applicable.
Continuum reserves the right to change which Other Vendor Tools are provided
in the Software Product.

Anaconda repository subscription
================================

Anaconda repository is sold as an annual subscription. Upon receipt of your
annual subscription payment (or monthly installment) you will be provided with
access to a private collection of packages containing software and additional
material for your use in maintaining and deploying software across your
organization and to your customers. You will also obtain access to private
collections of supported older versions of Anaconda which may not exist in the
free and public repositories. Your rights to access this collection and use or
benefit from the materials obtained from that repository end when the
subscription terminates. You may continue to use and benefit from all public
Anaconda binary packages, however your extended redistribution rights as
described below will expire at the end of your subscription term.

Anaconda repository license supplants Anaconda license
======================================================

With a fully-paid subscription and license to Anaconda repository, this
license replaces the Anaconda license for you regardless of how you obtain
Anaconda and any packages included in Continuum's free repositories.

Enhanced Anaconda redistribution rights
=======================================

Anaconda repository gives you enhanced rights associated with the binaries
available in Anaconda which includes Continuum's freely available binary
distribution of Python and also encompasses Continuum's repository of freely
available binary packages for Python. For the purposes of this section, these
Anaconda binaries also may include binaries of open-source packages obtained
from private collections provided only to Anaconda repository subscribers.
This section does not apply to proprietary Anaconda Add-Ons whether from
Continuum or Third-Party Vendors.

You may redistribute the Anaconda binary packages you obtain while you have a
fully-paid subscription to Anaconda repository. You may redistribute these
binaries ("Anaconda-Derived Binaries") with or without modification, in source
or binary form without any further requirement other than those imposed by the
individual open-source licenses themselves. However, you cannot extend these
same enhanced redistribution rights for the Anaconda binaries to those who
receive your Anaconda-Derived Binaries. You may not redistribute any
proprietary Anaconda add-ons ("Add-Ons") or packages obtained via the private
Anaconda repository package repository without obtaining a specific license to
redistribute the Software Product or the Add-Ons.

Bundled support services
========================

Anaconda repository comes bundled with a fixed number of hours of installation
and setup support which can also be used to request additional packages or
bug-fixes to Other Vendor Tools. Your requests for packages and support will be
honored by Continuum's best available resources until the agreed-upon number of
hours is consumed by the support requests.

Bundled proprietary software
============================

Anaconda repository comes bundled with a limited set of licenses for additional
Anaconda Add-Ons from Continuum. This software should only be used under the
terms of their respective licenses and only for the number of users included
with the quote.

Limited software product warranty
=================================

For a period of 180 days from the date of shipment or from the date that you
download the Software Product, as applicable, Continuum warrants that when
properly installed and used under normal conditions, the Software Product will
perform substantially as advertised. Your remedy for any bugs encountered is to
request a refund for non-functioning software or to receive a bug-fix update of
the software.

Disclaimer of warranties and limitation of liability
====================================================

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY CONTINUUM, CONTINUUM 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.

Continuum makes no warranty that the Software Product will meet your
requirements or operate under your specific conditions of use. Continuum makes
no warranty that operation of the Software Product will be secure, error free,
or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT
SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU
BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE
OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. CONTINUUM 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 CONTINUUM, 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 CONTINUUM OR ANY OTHER PARTY, EVEN IF CONTINUUM IS ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE
APPLICABLE JURISDICTION LIMITS CONTINUUM'S ABILITY TO DISCLAIM ANY IMPLIED
WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of remedies and damages
==================================

Your remedy for a breach of this Agreement or of any warranty included in this
Agreement is the correction or replacement of the Software Product. Selection
of whether to correct or replace shall be solely at the discretion of
Continuum. Continuum reserves the right to substitute a functionally equivalent
copy of the Software Product as a replacement. If Continuum is unable to
provide a replacement or substitute Software Product or corrections to the
Software Product, your sole alternate remedy shall be a refund of the purchase
price for the Software Product exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties
cover only defects arising under normal use and do not include malfunctions or
failure resulting from misuse, abuse, neglect, alteration, problems with
electrical power, acts of nature, unusual temperatures or humidity, improper
installation, or damage determined by Continuum to have been caused by you. All
limited warranties on the Software Product are granted only to you and are
non-transferable. You agree to indemnify and hold Continuum harmless from all
claims, judgments, liabilities, expenses, or costs arising from your breach of
this Agreement and/or acts or omissions.

Governing law, jurisdiction and costs
=====================================

This Agreement is governed by the laws of Texas, without regard to Texas's
conflict or choice of law provisions.

Export regulations
==================

Any use or distribution of the Software Product is made under conditions that
the user and/or distributor is in full compliance with all export and other
governing laws of the United States of America, including full and ongoing
compliance with the Export Administration Regulations (EAR) of the United
States Department of Commerce. See www.commerce.gov/ and
http://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear .
Use or distribution of Continuum software products to any persons, entities or
countries currently under US sanctions is strictly prohibited. Continuum has
self-assessed that Anaconda Repository requires no license to for export to
non-embargoed countries.

The United States currently has embargoes against several countries. The
exportation, re-exportation, sale or supply, directly or indirectly, from the
United States, or by a U.S. person wherever located, of any Continuum software
to any of these countries is strictly prohibited without prior authorization by
the United States Government. By accepting this Agreement, you represent to
Continuum that you will comply with all applicable export regulations for
Anaconda.

Indemnification
===============

To the extent authorized by the Constitution and laws of the State of Texas,
Continuum shall indemnify, hold harmless and defend the Licensee against any
action brought against Licensee to the extent that such action is based on a
claim that the unmodified Software Product, when used in accordance with this
Agreement, infringes a United States copyright and Institution shall pay all
costs, settlements and damages finally awarded; provided, that Licensee
promptly notifies Continuum in writing of any claim, gives Continuum sole
control of the defense and settlement thereof and provides all reasonable
assistance in connection therewith. If any part of the Software Product is
finally adjudged to so infringe, or in Continuum's opinion is likely to become
the subject of such a claim, Continuum shall, at its option, either:

a. procure for Licensee the right to continue using the Software Product,

b. modify or replace the Software Product to make it non-infringing, or

c. refund the fee paid, less reasonable depreciation, upon return of the Software Product.

Continuum shall have no liability regarding any claim arising out of: (a) use
of other than a current, unaltered release of the Software Product, unless the
infringing portion is also in the then current, unaltered release, (b) use of
the Software Product in combination with Other Vendor Tools, or data or
equipment if the infringement was caused by such use or combination, (c) any
modification or derivation of the Software Product not specifically authorized
in writing by Continuum, or (d) use of Other Vendor Tools or other third-party
software.

THE FOREGOING STATES THE ENTIRE LIABILITY OF CONTINUUM AND THE EXCLUSIVE REMEDY
FOR LICENSEE RELATING TO INFRINGEMENT OR CLAIMS OF INFRINGEMENT OF ANY
COPYRIGHT OR OTHER PROPRIETARY RIGHT BY THE SOFTWARE PRODUCT.

Severability
============

If any provision of this Agreement shall be held to be invalid or
unenforceable, the remainder of this Agreement shall remain in full force and
effect. To the extent any express or implied restrictions are not permitted by
applicable laws, these express or implied restrictions shall remain in force
and effect to the maximum extent permitted by such applicable laws.
