EULA Artifacts XebiaLabs, Version 1.0

1. Other Agreement.

  This EULA applies to Your Use of the Artifacts.
  However, it's possible that You have entered into a separate written
  agreement with Us in respect of the Artifacts which is intended to
  supersede this EULA. In that case, such separate written agreement will
  govern Your Use of the Artifacts.

2. Definitions.

  "License" means the license defined in article 3 below. "Artifacts" means
  the object code versions of software made available by Us under this EULA.
  "Use" means use of the Artifacts by You for Your own internal business
  purposes only. "We", "Our" and "Us" means XebiaLabs, Inc., a corporation
  with its principal place of business at 52 Third Avenue, NWP #20,
  Burlington, MA 01803, United States of America. "You" and "Your" means
  you, the person or legal entity who is granted a License to Use the
  Artifacts under these terms and conditions.

3. License.

  We grant You free of charge a non-exclusive, non-transferrable, non-sub
  licensable right to Use the Artifacts within your legal entity and under
  these terms and conditions. The License does not include the right to
  copy, reproduce, resale, distribute, lease, rent, sublicense or otherwise
  make the Artifacts available to any third party without Our prior written
  approval. The License does not include the right to reverse-engineer,
  decompile, disassemble or otherwise attempt to determine source code or
  protocols from the Artifacts. You shall not create or attempt to create
  any derivative works from the Artifacts, or use the Artifacts in any way
  to create products and/or services that compete with Our products and/or
  services. We retain all rights not expressly granted to You under these
  terms and conditions.

4. Warranty and Liability.

  We warrant that We are entitled to license the Artifacts to You. We do
  not warrant that operation of the Artifacts shall be uninterrupted or
  "bug" free. EXCEPT FOR THE FOREGOING WARRANTIES, THE ARTIFACTS ARE
  PROVIDED WITHOUT ANY IMPLIED OR OTHER EXPRESS WARRANTIES, INCLUDING BUT
  NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND
  MERCHANTABILITY. Our liability for damages concerning the performance or
  non-performance by Us in relation to these terms and conditions, and
  regardless of whether the claim for such damages is based in contract,
  tort, strict liability, or otherwise, is limited to an amount of $ 100
  USD. In no event shall We be liable for any indirect, incidental,
  special, punitive or consequential damages, lost data, or lost profits,
  even if We has been advised to the possibility of such damages.

5. Intellectual Property.

  Title, ownership rights and all intellectual property rights in and to the
  Artifacts shall remain the sole and exclusive property and that of Us and
  Our licensors. If a third party claims that Your use of the Artifacts
  infringes any patent, copyright, trademark or trade secret, You shall
  promptly notify Us thereof. We shall have no liability for any third
  party claim of infringement based upon Your use of the Artifacts under
  these terms and conditions. You shall not remove any of the logos,
  product names or trademarks applied in or on the Artifacts and
  Documentation. You shall have no right to use any logos, product names or
  trademarks without the prior written consent of Us or Our licensors.

6. Miscellaneous.

  You shall comply with any export control laws. None of these terms and
  conditions are enforceable by any person or entity who is not a party to
  it. These terms and conditions constitute the entire agreement between Us
  and You regarding the Artifacts and Documentation and no amendment to
  these terms and conditions will be effective unless in writing and signed
  by both parties hereto. The provisions of these terms and conditions are
  to be considered separately, and if any provision hereof should be found
  by any court or competent jurisdiction to be invalid or unenforceable,
  these terms and conditions will be deemed to have effect as if such
  invalid or unenforceable provision were severed from these terms and
  conditions. These terms and conditions are governed by the laws of the
  Commonwealth of Massachusetts, excluding its conflict of law rules and the
  UN Convention for the International Sale of Goods (CISG). Any dispute
  regarding these terms and conditions, or disputes arising from these terms
  and conditions, shall be subject to the exclusive jurisdiction of the
  court of the Commonwealth of Massachusetts.