Internet 2.0 Product License Agreement / EULA and Warranty Terms

Trademarks and Copyright Statement

Internet 2.0, Malcore, and CASM are registered trademarks of Internet 2.0, Pty Ltd. All other product or company names may be trademarks of their respective owners. Copyright (c) 2022 Internet 2.0 Pty Ltd, all Rights reserved. Contents and terms are subject to change by Internet 2.0 without prior notice. No part of this publication may be reproduced in any form or by any means or used to make any derivative such as translation, transformation, or adaptation without permission from Internet 2.0 , Pty Ltd, as stipulated by the United States Copyright Act of 1976.
Product License Agreement

The parties to this agreement are you, the end customer, and either (i) where you have purchased your product within the americas, internet 2.0, inc., or (ii) where you have purchased your product outside of the Americas, Internet 2.0 Pty Ltd. (each referred to herein as "Internet 2.0 ") .carefully read the following legal agreement (the or this "agreement" or "EULA"). Use of Internet 2.0 product(s) and any updates thereto, including hardware appliance products, software and firmware included therein by Internet 2.0 , and stand-alone software products sold by Internet 2.0 (together, the "products") constitutes acceptance by you of the provisions in this agreement. Internet 2.0 shall not be bound by any additional and/or conflicting provisions in any order, release, acceptance or other written correspondence or other written or verbal communication unless expressly agreed to in a writing signed by the general counsel of Internet 2.0. Your installation or use of any product represents agreement to the terms herein, as amended or updated from time to time in Internet 2.0 's discretion by Internet 2.0 publishing an amended or updated version. If you do not agree to all of the terms of this agreement, do not start the installation process or use the products. If you do not agree to the provisions of this agreement, you should immediately, and in no event later than five (5) calendar days after your receipt of the product return the products to the location where you obtained them for a full refund from the partner selling to you.
1. License Grant.

This is a license, not a sales agreement, between you and Internet 2.0. The term "Software", as used throughout this Agreement, includes all Internet 2.0 and third party firmware and software provided to you with, or incorporated into, Internet 2.0 appliances and any stand-alone software provided to you by Internet 2.0 , with the exception of any open source software contained in Internet 2.0 's Products which is discussed in detail in section 15 below, and the term "Software" includes any accompanying documentation, any updates and enhancements of the software or firmware provided to you by Internet 2.0 , at its option. Internet 2.0 grants to you a non-transferable (except as provided in section 5 ("Transfer") and section 15 ("Open Source Software") below), non-exclusive, revocable (in the event of your failure to comply with these terms or in the event Internet 2.0 is not properly paid for the applicable Product) license to use the Software solely for your internal business purposes (provided, if a substantial portion of your business is to provide managed service provider services to your end-customers, you may use the Software embedded in software and supporting hardware appliances to provide those services, subject to the other restrictions in this Agreement), in accordance with the terms set forth in this Agreement and subject to any further restrictions in Internet 2.0 documentation, and solely on the Internet 2.0 appliance, or, in the case of blades, CPUs or databases, on the single blade, CPU or database on which Internet 2.0 installed the Software or, for stand-alone Software, solely on a single computer running a validly licensed copy of the operating system for which the Software was designed, or, in the case of blades, CPUs or databases, on a single blade, CPU or database. For clarity, notwithstanding anything to the contrary, all licenses of Software to be installed on blades, CPUs or databases are licensed on a per single blade, solely for one blade and not for multiple blades that may be installed in a chassis, per single CPU or per single database basis, as applicable. The Software is "in use" on any Internet 2.0 appliances when it is loaded into temporary memory (i.e. RAM). You agree that, except for the limited, specific license rights granted in this section 1, you receive no license rights to the Software.
2. Limitation on Use.

You may not attempt to, and, if you are a corporation, you are responsible to prevent your employees and contractors from attempting to, (a) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, or distribute the Software; (b) rent or lease any rights in the Software in any form to any third party or make the Software available or accessible to third parties in any other manner; (c) except as provided in section 5, transfer assign or sublicense right to any other person or entity, or (d) remove any proprietary notice, labels, or marks on the Software, Products, and containers.
3. Proprietary Rights.

All rights, title, interest, and all copyrights to the Software and any copy made thereof by you and to any Product remain with Internet 2.0. You acknowledge that no title to the intellectual property in the Software or other Products is transferred to you and you will not acquire any rights to the Software or other Products except for the specific license as expressly set forth in section 1 ("License Grant") above.
4. Term and Termination.

Except for evaluation and beta licenses or other licenses where the term of the license is limited per the evaluation/beta or other agreement or in the ordering documents, the term of the license is for the duration of Internet 2.0 's copyright in the Software. Internet 2.0 may terminate this Agreement, and the licenses and other rights herein, immediately without notice if you breach or fail to comply with any of the terms and conditions of this Agreement. You agree that, upon such termination, you will cease using the Software and any Product and either destroy all copies of the Internet 2.0 documentation or return all materials to Internet 2.0. The provisions of this Agreement, other than the license granted in section 1 ("License Grant"), shall survive termination.
5. Transfer.

If you are a Internet 2.0 contracted and authorized reseller or distributor of Products, you may transfer (not rent or lease unless specifically agreed to in writing by Internet 2.0) the Software to one end user on a permanent basis, provided that: (i) you ensure that your customer and the end user receives a copy of this Agreement, is bound by its terms and conditions, and, by selling the Product or Software, you hereby agree to enforce the terms in this Agreement against such end user, (ii) you at all times comply with all applicable United States and/or Australian export control laws and regulations, and (iii) you agree to refund any fees paid to you by an end user who purchased Product(s) from you but does not agree to the terms contained in this Agreement and therefore wishes to return the Product(s) as provided for in this Agreement. Further, if you are a non-authorized reseller of Products, you are not authorized to sell Product(s) or Software, but, regardless, by selling Product(s) or Software, you hereby agree you are bound by the restrictions and obligations herein and are bound to: (i) ensure that your customer and the end user receive a copy of this Agreement and are bound in full by all restrictions and obligations herein (ii) enforce the restrictions and obligations in this Agreement against such customer and/or end user, (iii) comply with all applicable United States export control laws and regulations and all other applicable laws, and (iv) refund any fees paid to you by a customer and/or end user who purchased Product(s) from you but does not agree to the restrictions and obligations contained in this Agreement and therefore wishes to return the Product(s) as provided for in this Agreement. Notwithstanding anything to the contrary, distributors, resellers and other Internet 2.0 partners (a) are not agents of Internet 2.0 and (b) are not authorized to bind Internet 2.0 in any way.
6. Limited Warranty.

Internet 2.0 provides this limited warranty for its product only to the single end-user person or entity that originally purchased the Product from Internet 2.0 or its authorized reseller or distributor and paid for such Product. The warranty is only valid for Products which are registered on Internet 2.0 's Website: www.Internet 2-0.com; or such other website as provided by Internet 2.0 . For the below software warranty to start, registration must take place within three hundred sixty-five (365) days from the date the Product was originally shipped from Internet 2.0 's facilities or the warranty is null and void and will not be honoured. For the hardware warranty, such warranty starts on the earlier of the date of Product registration on Internet 2.0 's Support Website or ninety (90) days from the date that the Product was originally shipped from Internet 2.0 's facilities. It is the Internet 2.0 distributor's and reseller's responsibility to make clear to the end user the date the product was originally shipped from Internet 2.0, and it is the end user's responsibility to understand the original ship date from the party from which the end user purchased the product. All warranty claims must be submitted in writing to Internet 2.0 before the expiration of the warranty term or such claims are waived in full, i.e. ninety (90) days from the earlier of registration or the automatically started term for hardware and spare parts claims and three hundred sixty-five (365) days from registration within three hundred sixty-five (365) days from shipment for software claims. Internet 2.0 provides no warranty for any beta, donation or evaluation Products, for any spare parts not purchased directly from Internet 2.0 by the end-user, for any accessories, or for any stand-alone software.
Internet 2.0 warrants that the hardware portion of the Products, including spare parts unless noted otherwise ("Hardware") will be free from material defects in workmanship as compared to the functional specifications for the period set forth as follows and applicable to the Product type ("Hardware Warranty Period"): a three hundred sixty-five (365) day limited warranty for the Hardware excluding spare parts, , power supplies, and accessories (provided, solely with respect to On premise Cloaking Firewall appliances and other Hardware appliance products (for both excluding spare parts, power supplies, and accessories), the warranty herein shall last from the start of the warranty period as discussed above until five (5) years following the product announced end-of-life date), and, for spare parts, power supplies, and accessories, solely a ninety (90) days limited warranty. Internet 2.0 's sole obligation shall be to repair or replace the defective Hardware at no charge to the original owner. This obligation is exclusive of transport fees, labour or installation costs, and any other cost which are not directly associated to the Product. Such repair or replacement will be rendered by Internet 2.0 at an authorized Internet 2.0 service facility as determined by Internet 2.0. The replacement Hardware need not be new or of an identical make, model, or part; Internet 2.0 may, in its discretion, replace the defective Hardware (or any part thereof) with any reconditioned Product that Internet 2.0 reasonably determines is substantially equivalent (or superior) in all material respects to the defective Hardware. The Hardware Warranty Period for the repaired or replacement Hardware shall be for the greater of the remaining Hardware Warranty Period or ninety days from the delivery of the repaired or replacement Hardware. If Internet 2.0 determines in its reasonable discretion that a material defect is incapable of correction or that it is not practical to repair or replace defective Hardware, the price paid by the original purchaser for the defective Hardware will be refunded by Internet 2.0 upon return to Internet 2.0 of the defective Hardware. All Hardware (or part thereof) that is replaced by Internet 2.0, or for which the purchase price is refunded, shall become the property of Internet 2.0 upon replacement or refund.
Internet 2.0 warrants that the software portion of Hardware Products will substantially conform to Internet 2.0 's then current functional specifications for the Software, as set forth in the applicable documentation for a period of ninety (90) days ("Software Warranty Period"), if the Software is properly installed on approved Hardware and operated as contemplated in its documentation. Internet 2.0 's sole obligation shall be to repair or replace the non-conforming Software with software that substantially conforms to Internet 2.0 's functional specifications. Except as otherwise agreed by Internet 2.0 in writing, the replacement Software is provided only to the original licensee, and is subject to the terms and conditions of the license granted by Internet 2.0 for the Software. The Software Warranty Period shall extend for an additional ninety (90) days after any replacement software is delivered. If Internet 2.0 determines in its reasonable discretion that a material non-conformance is incapable of correction or that it is not practical to repair or replace the non-conforming Software, the price paid by the original licensee for the non-conforming Software will be refunded by Internet 2.0; provided that the non-conforming Software (and all copies thereof) is first returned to Internet 2.0. The license granted respecting any Software for which a refund is given automatically terminates immediately upon refund. For purpose of the above hardware and software warranties, the term "functional specifications" means solely those specifications authorized and published by Internet 2.0 that expressly state in such specifications that they are the functional specifications referred to in this section 6 of this Agreement, and, in the event no such specifications are provided to you with the Software or Hardware, there shall be no warranty on such Software.
7. Disclaimer of Other Warranties and Restrictions.

Except for the limited warranty specified in section 6 above, the product and software are provided "as-is" without any warranty of any kind including, without limitation, any implied warranty, implied or express warranty of merchantability, or warranty for fitness for a particular purpose and non-infringement. If any implied warranty cannot be disclaimed in any territory where a product is sold, the duration of such implied warranty shall be limited to ninety (90) days from the date of original shipment from internet 2.0. Except as expressly covered under the limited warranty provided herein, the entire risk as to the quality, selection and performance of the product is with the purchaser of the product.
The warranty in Section 6 above does not apply if the Software, Product or any other equipment upon which the Software is authorized to be used (a) has been altered, except by Internet 2.0 or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Internet 2.0 , (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; (d) is licensed for beta, evaluation, donation, testing or demonstration purposes or for which Internet 2.0 does not charge a purchase price or license fee. In the case of beta, testing, evaluation, donation or free Software or Product, the end user acknowledges and agrees that such Software or Product may contain bugs or errors and could cause system failures, data loss and other issues, and the end user agrees that such Software or Product is provided "as-is" without any warranty whatsoever, and Internet 2.0 disclaims any warranty or liability whatsoever. An end user's use of evaluation or beta Software or Product is limited to thirty (30) days from original shipment unless otherwise agreed in writing by Internet 2.0 .
8. Governing Law.

Any disputes arising out of this Agreement or Internet 2.0 's limited warranty shall be governed by the laws of the state of New South Wales, Australia without regard to the conflict of laws principles. In the event of any disputes arising out of this Agreement or Internet 2.0 's limited warranty, the parties submit to the jurisdiction of the federal and state courts located in Alexandria, Virgina, as applicable.
9. Limitation of Liability.

To the maximum extent permitted by law and notwithstanding anything to the contrary, Internet 2.0 is not liable under any contract, negligence, tort, strict liability, infringement or other legal or equitable theory for any loss of use of the product or service or any damages of any kind whatsoever, whether direct, special, incidental or consequential (including, but not limited to, damages for loss of goodwill, loss of profit, loss of opportunity, loss or damage related to use of the product or service in connection with high risk activities, damage to personal or real property, work stoppage, computer failure or malfunction, computer security breach, computer virus infection, loss of information or data contained in, stored on, or integrated with any product including any product returned to Internet 2.0 for warranty service) resulting from the use of the product, relating to warranty service, or arising out of any breach of the limited warranty in section 6 above, even if Internet 2.0 has been advised of the possibility of such damages. The sole remedy for a breach of the limited warranty is repair, replacement or refund of the defective or non-conforming product as specifically stated in section 6 above.
10. Import / Export Requirements; FCPA Compliance.

You are advised that the Products may be subject to the Australian Defence Export Controls and the United States Export Administration Regulations and other import and export laws; diversion contrary to Australian or United States law and regulation is prohibited. You agree to comply with all applicable international and national laws that apply to the Products as well as end user, end-use, and destination restrictions issued by Australian or U.S. and other governments. For additional information on Australian or U.S. export controls see https://www.defence.gov.au/business-industry/export/controls and www.bis.doc.gov. Internet 2.0 assumes no responsibility or liability for your failure to obtain any necessary import and export approvals. You represent that neither the United States Bureau of Industry and Security nor any other governmental agency has issued sanctions against you or otherwise suspended, revoked or denied your export privileges. You agree not to use or transfer the Products for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the United States Government by regulation or specific written license. Additionally, you agree not to directly or indirectly export, import or transmit the Products contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or use. Furthermore, you represent that you understand, and you hereby agree to comply with, all requirements of the U.S. Foreign Corrupt Practices Act and all other applicable laws. For beta, testing, evaluation, donation or free Products and/or related services, you hereby agree, represent and warrant to Internet 2.0 that (a) receipt of the Products and/or services comply with all policies and you have obtained all necessary approvals for such Products and/or services, (b) the Products and/or services are not provided in exchange for Internet 2.0 maintaining current business or for new business opportunities, and (c) the Products and/or services are not being received for the benefit of, and are not being transferred to, any government entity, representative or affiliate.
11. U.S. Government End Users.

The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement and its successors.
12. Tax Liability.

You agree to be responsible for payment of any sales or use taxes imposed at any time on this transaction.
13. General Provisions.

Except as specifically permitted and required in section 5 ("Transfer") above, you agree not to assign this Agreement or transfer any of the rights or obligations under this Agreement without the prior written consent of Internet 2.0 . This Agreement shall be binding upon, and inure to the benefit of, the successors and permitted assigns of the parties. The United Nations Convention on Contracts for the International Sales of Goods is expressly excluded. This Agreement and other Internet 2.0 agreements may be amended or supplemented only by a writing that refers explicitly to the agreement signed on behalf of both parties, or, for this Agreement, as otherwise expressly provided in the lead-in above Section 1 above, provided, notwithstanding anything to the contrary and except for this Agreement which may be amended or updated as expressly provided in the lead-in above Section 1 above, for any amendment or other agreement to be binding on Internet 2.0 , such amendment or other agreement must be signed by Internet 2.0 's General Counsel. No waiver will be implied from conduct or failure to enforce rights nor effective unless in a writing signed on behalf of the party against whom the waiver is asserted. If any part of this Agreement is found unenforceable, that part will be enforced to the maximum extent permitted and the remainder shall continue in full force and effect. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
14. Privacy.

By entering into this Agreement, you agree and consent that Internet 2.0 may collect, retain and use personal information supplied, including name, address, and e-mail address of individuals and payment details and other information. Personal information will be used primarily to provide services and product functionality to end users. Internet 2.0 may also use personal information for additional communication, subject to an opt-out notice provided by you in writing per below. Internet 2.0 may engage other companies and individuals to perform functions on its behalf, such as payment processing, order fulfilment, marketing programs and customer service. Internet 2.0 may share personal information with such subcontractors in order to perform these and other functions, but such subcontractors may not use your personal information for other purposes, unless you agree. By entering into this Agreement, you agree and consent to the transfer the supplied personal information to Internet 2.0 's offices in Australia and the United States, for the purposes stated above. For more detailed information on the collection, use and transfer of your personal information, and for information on how to opt out of or unsubscribe from the communications described above, please read the Internet 2.0 privacy policy on the Internet 2.0 web site (www.Internet 2-0.com).