Last updated on Oct 7, 2023
- PingCAP. If you or the entity that you represent is located in North or South America, PingCAP means PingCAP (US), Inc. If you or the entity that you represent is located in Japan, PingCAP means PingCAP Kabushiki-Kaisha. If you or the entity that you represent is not located in any of the foregoing places, PingCAP means PingCAP Pte. Ltd.
- Scope of Use. Subject to the terms and conditions of these Terms, PingCAP grants to Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Software for your internal use only (“Authorized Use”). PingCAP has no obligation to provide any form support or assistance with respect to your use of the Software.
- Restrictions. You agree not to: a) copy or use the Software in any manner except as expressly permitted in these Terms; b) transfer, assign, sell, rent, lease, distribute, or sublicense the Software; c) use the Software for providing time-sharing services, service bureau services or as part of an application services provider or software as a service offering for third parties; d) reverse engineer, disassemble, decompile or otherwise attempt to derive source code from the Software, in whole or in part, nor will you use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage others to do so, except to the limited extent, if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, however, before you exercise any rights that you believe to be entitled to based on mandatory law, you shall provide PingCAP with thirty (30) days prior written notice and provide all reasonably requested information to allow PingCAP to assess your claim and, at PingCAP’s sole discretion, to provide alternatives that reduce any adverse impact on PingCAP’s intellectual property or other rights; e) remove, alter or obscure any proprietary notices in the Software; f) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of PingCAP; g) allow access or permit use of the Software by any users other than yourselves; or h) modify or create derivative works based upon the Software.
- Reservation of Rights. Except as expressly set forth in the above sections, no right, title, interest, or license in or to the Software is granted by PingCAP or its affiliates to any person pursuant to these Terms. Under these Terms, IP rights include all intellectual property rights throughout the world, including patents, copyrights, trademarks, trade secrets, database rights and any other rights in data or data compilations.
- Changes. PingCAP may modify these Terms at any time by posting a revised version on the website or by otherwise notifying you . You are advised to check and read these Terms from time to time to ensure that you are informed of any amendments made thereto. By continuing to access or use the Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.
- Updates. PingCAP may from time to time provide enhancements or improvements to the features/functionality of the Software, which may include patches, bug fixes, updates, upgrades and other modifications. Updates may modify or delete certain features and/or functionalities of the Software. You agree that PingCAP has no obligation to a) provide any updates, or b) continue to provide or enable any particular features and/or functionalities of the Software to You. You further agree that all updates or any other modifications will be a) deemed to constitute an integral part of the Software, and b) subject to these Terms.
- Open Source Programs. Components of the Software may be licensed under open source licenses and may apply to your use of the Software. In case there is any conflict between the terms and conditions of such open source software and provisions of these Terms, the terms and conditions of the open source license shall prevail.
- DISCLAIMER OF WARRANTIES. PINGCAP PROVIDES THE SOFTWARE TO YOU ON AN “AS IS” AND “AS-AVAILABLE” BASIS. PINGCAP DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR THAT IT WILL BE FREE FROM DEFECTS OR THAT IT IS DESIGNED TO MEET YOUR BUSINESS PURPOSE. PINGCAP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SOFTWARE. YOUR USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SOFTWARE. YOU ACKNOWLEDGES THAT THE SOFTWARE IS NOT INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK OR STRICT LIABILITY ACTIVITY (INCLUDING, WITHOUT LIMITATION, AIR OR SPACE TRAVEL, POWER PLANT OPERATION, OR LIFE SUPPORT OR EMERGENCY MEDICAL OPERATIONS) AND THAT PINGCAP MAKES NO WARRANTY AND SHALL HAVE NO LIABILITY IN CONNECTION WITH ANY USE OF THE SOFTWARE IN SUCH SITUATIONS. PINGCAP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PINGCAP WILL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
- LIMITATIONS OF LIABILITY. IN NO EVENT WILL PINGCAP BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS; ANY LOSS OF USE; OR ANY CLAIMS MADE BY OR ANY PAYMENTS MADE TO ANY THIRD PERSON), ANY LOSS OF REVENUE OR PROFITS, ANY LOSS AND/OR DAMAGE ARISING FROM OR IN CONNECTION WITH A VIRUS, OR ANY LOSS OF DATA AND/OR DAMAGE ARISING THEREFROM OR RELATING THERETO, IN EACH CASE ARISING FROM OR IN CONNECTION WITH THE TERMS OR THE USE OR PERFORMANCE OF ANY SOFTWARE WHETHER IN AN ACTION BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PINGCAP HAS BEEN NOTIFIED OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANY OTHER SECTION IN THESE TERMS, IN NO EVENT WILL PINGCAP’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH THE TERMS OR THE USE OR PERFORMANCE OF ANY SOFTWARE WHETHER IN ACTIONS BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PINGCAP HAS BEEN NOTIFIED OF THE POSSIBILITY THEREOF, EXCEED 500 US DOLLAR. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS ARE AN ALLOCATION OF THE RISK BETWEEN THE PARTIES AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
- You may be required to license and/or agree to terms with a third-party related to your use of the Software and such terms are solely between you and such third-party.