By installing or using the Software, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not install or use the Software.

License Grant

Subject to the terms of this Agreement, Cloud1.Live (“the Licensor”) hereby grants you a limited, non-exclusive, non-transferable license to install and use the Software solely for your professional IT management purposes, including but not limited to managing cloud instances, on-premises servers, and other IT infrastructure for your business.

Restrictions

You may not:

• Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software.
• Rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer rights to the Software.
• Remove any proprietary notices or labels from the Software.

Intellectual Property

The Software and all intellectual property rights therein are owned by the Licensor and are protected by applicable intellectual property laws and treaties. You acknowledge that you do not acquire any ownership rights to the Software.

Pricing in End User license agreement

Cloud1.live reserves the right to modify subscription prices at its discretion. Any price changes will apply as follows:

1. For Monthly Subscriptions: New prices will take effect starting the next billing cycle. Users will be notified in advance via email or through the Cloud1.live portal.
2. For Annual Subscriptions: Prices will remain unchanged during the active subscription period. Any changes will only take effect upon renewal. Users will be notified in advance of such changes.

Payment and Fees

You agree to pay all applicable fees and charges for the use of the Software in accordance with the pricing and payment terms provided by the Licensor.

Data Privacy and Security

Cloud1.Live does not collect, store, or send your cloud service API credentials (including API keys, secrets, or other authentication information) to the Licensor or any third party. All cloud service credentials that you input into the Software are securely handled and stored locally on your system and are used solely for the purpose of connecting to your cloud services during the active session. It is your responsibility to safeguard and manage access to these credentials.

Compliance with Cloud Provider Terms

You are responsible for ensuring that your use of Cloud1.Live complies with the terms and conditions of any third-party cloud providers you utilize, including but not limited to AWS, Azure, and Google Cloud. Any violations of those terms resulting from the use of this Software are solely your responsibility, and the Licensor disclaims any liability for such violations.

Third-Party Services and Liability for Managed Instances

Cloud1.Live interacts with third-party cloud services for instance management. The Licensor disclaims any warranties or liabilities arising from the performance, availability, or security of these third-party services.

The Licensor is not responsible for any direct or indirect damages or operational issues that arise from the use or misconfiguration of cloud instances, servers, or other infrastructure managed through the Software. You are solely responsible for all changes and operations made to your IT environment through Cloud1.Live.

Warranty Disclaimer

the software is provided “as is” and “as available,” with all faults and without warranty of any kind. to the maximum extent permitted by applicable law, the licensor disclaims all warranties and conditions, whether express, implied, or statutory, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, or non-infringement of third-party rights.

Limitation of Liability

to the maximum extent permitted by applicable law, in no event shall cloud1.live or its licensors be liable for any damages whatsoever arising out of or in connection with the use or performance of the software or the inability to use the software, whether direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to damages for loss of profits, loss of data, business interruption, failure of security, loss of revenue, procurement of substitute goods or services, or any other commercial or economic losses, however caused and regardless of the theory of liability (contract, tort, or otherwise), even if cloud1.live has been advised of the possibility of such damages.

in particular, cloud1.live shall have no liability for any claims, losses, or damages caused by the configuration or misconfiguration of your cloud infrastructure, any interruptions in the services provided by third-party cloud providers (including but not limited to aws, azure, google cloud), or any mistakes made in the management of your cloud instances using the software.

in no event shall cloud1.live’s total liability to you for all claims arising out of or related to this agreement or the use of the software exceed the total amount paid by you for the software.

Use of Third-Party Open Source Software

The Software includes components that are subject to the GNU General Public License (GPL) v2, specifically MinGit, a minimal Git for Windows environment. The terms of the GPL v2 require that the source code of MinGit, and any modifications thereof, be made available to users upon request.

1. Source Code Availability: Cloud1.Live incorporates MinGit for certain functionalities. As such, in compliance with the GPL v2, we offer to provide the source code of MinGit used in the Software to any user upon request, for a period of three years from the distribution date of this version of the Software. The source code will be provided at no additional charge, beyond the cost of fulfilling the source code distribution.
2. Requesting Source Code: If you wish to receive the source code of MinGit included in Cloud1.Live, please submit a written request to [Your Contact Information: email or mailing address]. Upon receiving a request, we will provide further instructions on how the source code will be delivered to you.
3. No Warranty for Third-Party Components: While Cloud1.Live is provided to you under the terms set forth in this Agreement, please be advised that third-party open source components like MinGit are provided “AS IS” without any warranties, as stipulated under their own respective licenses. Cloud1.Live disclaims any liability related to these third-party components.
4. Acknowledgment: By installing or using Cloud1.Live, you acknowledge your understanding that this Software includes MinGit governed by the GPL v2, and you have the right to request its source code as outlined above.

Termination

This Agreement will remain in effect until terminated by you or Cloud1.Live. Cloud1.Live may terminate this Agreement at any time if you breach any of its terms. Upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United States, excluding its conflicts of law rules. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of the United States.

Miscellaneous

This Agreement constitutes the entire agreement between you and the Licensor concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements and understandings. This Agreement may not be modified or amended except in writing signed by both parties.

By clicking “I Agree” or by installing or using the Software, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions.