FREE PERSONAL LICENSE

This Personal License Agreement is entered into and effective as by and between XebiaLabs B.V., with its principal place of business at Utrechtseweg 49 1213 TL, The Netherlands ("XebiaLabs") and you ("You") as of the date You download the Software and Documentation.
By downloading the Software and Documentation You agree to be bound by and comply with the terms and conditions of this Personal License Agreement.
Personal License Agreement terms and conditions

1. Definitions
-"Deployit" means the Deployit software in the version you downloaded it.
-"Documentation" means the how to's and instructions (instruction videos) provided with the Software and/or available on XebiaLabs's website or other websites as well as the provided API documentation, tutorial and access to the source code of the XebiaLabs Plugins.
-"Plugins" means XebiaLabs' plugin software to Deployit;-"Software" means Deployit as well as the accompanying Plugins;
-"You" means you as a single user.

2. License
-2.1 XebiaLabs grants You a perpetual, non-exclusive and non-transferable license:
-- To use the Software for your own personal purposes, which may be your business purposes in development, test, acceptance and/or production environment;
-- To use the Documentation to design or develop your own plugins to the Software;
-- all subject to the terms and conditions of this Personal License Agreement (the "License"). For the avoidance of doubt, You are not allowed to reproduce the Software and/or Documentation for sublicensing, resale, or distribution to any other third party.
-2.2 The following limitations apply:-(i) You agree not to lease, rent or sublicense the Software or Documentation to any third party, or otherwise use it except as permitted in this agreement;
-(ii) You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to determine source code or protocols from the Software;
-(iii) You may not copy the Software or Documentation;
-(iv) You will preserve XebiaLabs' (copyright) proprietary rights notices on the Software and Documentation;
-(v) You shall not create or attempt to create any derivative works from the Software except and only to the extent permitted by law.
-2.3 XebiaLabs retains all rights not expressly granted to You in this Personal License Agreement.

3. No Fees
-3.1 Your use of the Software and Documentation under this Personal License Agreement is free of charge. The enterprise edition license to use the Software and Documentation within your company with more than 1 user is not.

4. Warranty
-4.1 XebiaLabs does not warrant that operation of the Software will be uninterrupted or "bug" free or is free of foreign elements like viruses, worms, Trojan Horses, time bombs or other alike foreign elements.

5. Intellectual Property
-5.1 Title and intellectual property rights to the plugins to the Software developed by You are yours, of course if and in so far such plugins are not derivative works from the Software. Title, ownership rights and all intellectual property rights (which includes copyrights) in and to the Software and Documentation shall remain the sole and exclusive property of XebiaLabs.
-5.2 If a third party claims that Your use of the Software infringes any copyright, please notify XebiaLabs promptly.

6. Limitation of Liability
-6.1 THE SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. XEBIALABS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. XebiaLabs' liability to You for damages concerning any use of the Software or Documentation, performance or nonperformance by XebiaLabs or by XebiaLabs' Software or in any way related to this Agreement, and regardless of whether the claim for such damages is based in contract, tort, strict liability, or otherwise, is excluded. In no event shall XebiaLabs be liable for any indirect, incidental, special, punitive or consequential damages, lost data or lost profits, even if XebiaLabs has been advised as to the possibility of such damages.

7. Term and Termination
-7.1 This Agreement will continue for an unlimited period of time.
-7.2 XebiaLabs is entitled to terminate this Personal License Agreement immediately if You breach the License restrictions contained in clause 2.
-7.3 If this Personal License Agreement is terminated, for any reason whatsoever, You must promptly delete all affected Software and Documentation.
-7.4 Termination of this Agreement explicitly does not release parties from those obligations which, by their nature, are intended to remain in effect, including the provisions with respect to confidentiality, intellectual property, liability, and applicable law and dispute resolution.

8. Support
-8.1 As of the date You downloaded the Software, XebiaLabs will provide you with 90 days period of telephone support during work hours on working days in the Netherlands.

9. Miscellaneous
-9.1 Confidentiality: Each of the parties warrants that all of the information received by the other party which is known to be or should be known to be confidential in nature, shall remain secret and be kept confidential, unless a legal obligation mandates disclosure of that information. The party receiving confidential information shall only use it for the purpose for which it has been provided. Information shall in any event be considered confidential if it is designated by either of the parties as such. You acknowledges that the Software contains valuable trade secrets and confidential information of XebiaLabs.
-9.2 Assignment: You may not assign this Personal License Agreement to any third party.
-9.3 Severability: If any part of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other parts of the Agreement.-9.4 Waiver: The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
-9.5 Amendments: XebiaLabs may amend the terms and conditions of this Personal License Agreement from time to time which are accepted by You if you continue your Use of the Software. XebiaLabs will provide notice of any amendment in time on its website, ultimately 30 days prior to the date of entry into force.-9.6 Governing Law: This Agreement will be governed by the laws of the Netherlands, excluding its conflict of law rules and the UN Convention for the International Sale of Goods (CISG). Any dispute regarding this Agreement, or disputes arising from this Agreement, shall be subject to the exclusive jurisdiction of the court of Amsterdam, the Netherlands.

