License Information

The Programs listed below are licensed under the following License Information terms and conditions in addition to the Program license terms previously agreed to by Client and Teracloud ApS.

Program Name

Teracloud Streams Quick Start Edition (for Non-Production Environment) V7.2 (TOOL)

Limited Use Right

Licensee is not authorized to use the Program to provide commercial IT services to any third party, to provide commercial hosting or timesharing, or to sublicense, rent, or lease the Program unless expressly provided for in the applicable agreements under which Licensee obtains authorizations to use the Program. The Program is designated as "Non-Production"; Licensee may only use the Program as part of Licensee's internal development and test environment for internal non-production activities.

Supporting Programs

Licensee is authorized to install and use the Supporting Programs identified below only to support Licensee's use of the Principal Program under this Agreement. "To support Licensee's use" includes only those uses that are necessary or directly related to a licensed use of the Principal Program or another Supporting Program. The Supporting Programs may not be used for any other purpose.

Supporting Programs:

Components Not Used for Establishing Required Entitlements

Licensee may install and use the following Program components under the license terms, but these components do not count toward required entitlements:

Modifiable Third Party Code

To the extent any third party code is identified in the NOTICES file as "Modifiable Third Party Code," Teracloud ApS authorizes Licensee to:

  1. Modify the Modifiable Third Party Code
  2. Reverse-engineer the Program modules that directly interface with that code, provided it is only for debugging Licensee's modifications to such third party code. Teracloud ApS’s service and support obligations apply only to the unmodified Program.

Separately Licensed Code

Each component listed in the NON_TERACLOUD_APS_LICENSE file is “Separately Licensed Code” under its own third party license agreement(s). Future updates or fixes may add additional Separately Licensed Code, described in the accompanying NON_TERACLOUD_APS_LICENSE file.

Note: Notwithstanding any third party license terms, Teracloud ApS provides all Separately Licensed Code “AS IS” without warranties (express or implied) and disclaims liability for any damages.

Redistributables

The Program includes Redistributable components, which may be distributed in object-code form only as part of Licensee’s value-added application (“Licensee’s Application”) and solely to support that application. If a Java Runtime Environment is included, other non-Java Redistributables must also be included. Licensee may not remove notices or use Teracloud ApS’s trademarks without prior written consent.

Teracloud ApS, its suppliers, and distributors provide Redistributables and documentation “AS IS” without warranty of any kind.

Redistributable files:

Source Components and Sample Materials

The Program may include source code (“Source Components”) and Sample Materials. Licensee may copy and modify these for internal use, provided copyright notices remain intact. Teracloud ApS provides them “AS IS” without warranty.

For Source Components/Sample Materials also listed as Redistributables, Licensee may redistribute modified versions consistent with this license and accompanying instructions.

International License Agreement for Non-Warranted Programs

Part 1 – General Terms

BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING “ACCEPT,” OR USING THE PROGRAM, LICENSEE AGREES TO THESE TERMS. IF ACCEPTING ON BEHALF OF AN ORGANIZATION, YOU REPRESENT YOU HAVE AUTHORITY TO BIND THAT ORGANIZATION.

IF YOU DO NOT AGREE OR LACK AUTHORITY:

  1. Do not download, install, copy, access, click “Accept,” or use the Program.
  2. Promptly return unused media, documentation, and proof of entitlement for a refund. If downloaded, destroy all copies.

This International License Agreement for Non-Warranted Programs (ILAN) and applicable Transaction Documents (TDs) together form the complete agreement between Licensee and Teracloud ApS.

TDs (e.g. license information, specs, quote, proof of entitlement, invoice) describe the Program and terms; in case of conflict, a TD prevails.

1. Program License

  1. a. A Program is an executable Teracloud ApS-branded computer program and related material (whole or partial copies). Details at https://streams.teracloud.com or in the Program’s system command directory.
  2. b. Copies are copyrighted and licensed.
  3. c. Licensee is granted a nonexclusive license to:
    1. Use each copy up to acquired entitlements (“Authorized Use”).
    2. Make and install copies to support Authorized Use.
    3. Make a backup copy.
  4. d. Programs may be used by Licensee, its employees, and contractors. Licensee may not rent, lease, or provide commercial IT/hosting/timesharing services to third parties. Additional rights may require fees or different terms.
  5. e. Licensee must:
    1. Reproduce copyright notices.
    2. Ensure users comply with this Agreement.
    3. Not reverse assemble/compile or engineer (except as permitted by law).
    4. Not separate Program elements from the Program.
  6. f. If a TD includes a Supporting Program, Licensee may use it only under the Principal Program’s license limitations.
  7. g. License applies to each copy made.
  8. h. Updates, fixes, or patches follow the same terms unless new terms are in an updated TD. Licensee accepts new terms upon installation.
  9. i. Licensee may terminate within 30 days of acquisition for a refund by returning the Program and proof of entitlement. For downloads, contact acquisition party and destroy copies.

2. Warranties

  1. a. Teracloud ApS does not warrant uninterrupted or error-free operation, nor defect correction. These are exclusive warranties, replacing all others (implied or statutory). Warranties void if misused, modified, or not used per instructions. Third-party Programs are provided as-is; third parties may offer their own warranties.
  2. b. Additional support may be available under separate agreement.

3. Charges, Taxes, Payment, and Verification

  1. a. Licensee’s right depends on paying applicable charges per acquisition agreement. Licensee must acquire additional entitlements before increasing use.
  2. b. Licensee agrees to pay:
    • All charges for entitlements and excess use.
    • Customs, duties, taxes, or similar levies.
    • Invoices due within 30 days of invoice date.
    Teracloud ApS does not credit or refund already due/paid charges, except as specified elsewhere.
  3. c. Based on entitlements, Licensee agrees to:
    1. Pay any required withholding tax.
    2. Furnish tax certificates.
    3. Pay net proceeds after tax.
    4. Cooperate in seeking tax waivers or reductions.
  4. d. Cross-border use/import/export obligations rest with Licensee (excluding taxes based on Teracloud ApS’s net income).

3.1 Licensing Verification

  1. Licensee will, for all Programs at all sites and for all environments, provide Deployment Data annually upon 30 days’ advance notice.
  2. Teracloud ApS or its independent auditor may verify compliance on-site during normal business hours under a written confidentiality agreement.
  3. Licensee will promptly order and pay for:
    1. Excess deployment entitlements
    2. Subscription & support fees for excess use (up to two years)
    3. Any resulting taxes, duties, or regulatory fees

4. Liability and Intellectual Property Protection

  1. Total liability ≤ actual direct damages up to amounts paid (or 12 months’ charges for recurring entitlements). No liability for indirect, incidental, consequential, or punitive damages.
  2. Exceptions to the cap:
    1. Third-party infringement payments
    2. Damages unlimitable by applicable law
  3. Teracloud ApS will defend Licensee against third-party infringement claims and pay awarded amounts, provided Licensee:
    1. Notifies Teracloud ApS promptly
    2. Supplies requested information
    3. Cooperates and allows control of the defense
  4. No liability for claims based on non-Teracloud ApS products, Licensee content, or non-current versions.

5. Termination

Teracloud ApS may terminate this license for non-compliance; Licensee must destroy all copies. Terms that by nature survive termination remain in effect.

6. Governing Laws and Geographic Scope

  1. Governing law is the country of the transaction (no conflict-of-law rules). Rights valid only there unless otherwise agreed.
  2. Each party must comply with applicable laws and import/export/economic sanction regulations.
  3. Invalid provisions do not affect the remainder; consumer statutory rights remain unaffected. The UN Convention on Contracts for the International Sale of Goods does not apply.

7. General