Fotis Machine Image End User License Agreement (EULA)

The usage is of Fotis Networks’ Images is covered under the standard Amazon Web Services (AWS) terms and conditions.

Fotis Networks, LLC. (Fotis), a company registered in the State of Massachusetts USA, and the entity or individual identified in the purchase of which this Agreement is a part (the “Customer”).

Customer shall comply with all applicable software licenses, including without limitation licenses for Images provided by Fotis in the provision of the Services on AWS.

Customer Responsibilities:  Customer may use the Services only in connection with the Customer Instance and only during the Term.  Customer shall not use the Services to manage additional or different equipment or instances without the prior written consent of Fotis.
Customer may not resell the Services. Where any information or action on the part of the Customer or its representatives is required by the Fotis to enable Fotis to provide the Services, Customer and/or its representatives shall, at its own expense, provide such information and assistance (including access to Customer’s Personnel) in a timely manner.        Customer shall be responsible for ensuring back-up of all data and software and Fotis shall not be liable for any security breach or loss of data or software or corruption to or damage of data or software.

Service Specific Terms:  With respect to Services which include access to online services provided by Fotis such as Fotis’s support portal, the Customer shall not: allow any unauthorized access to the Services; or tamper with the Services or insert any data or information into the Services, which may affect the Services, cause any damage to Fotis or third parties, or be unlawful. Customer shall provide Fotis with contact information for Customer’s technical contact and region information. Fotis may monitor Customer’s connections to online service elements of the Services.

Fotis Image Assurance: Customer is entitled to participate in the Fotis Assurance Program in place from time to time, subject to the terms and conditions thereof.

Liability Limitations: In no event shall either Party be liable to the other or any third Party for any indirect, special, incidental, punitive, or consequential loss or damage or for any loss of or damage to data, ex gratia payments, loss of profit, loss of contract or loss of other economic advantage (in each case whether direct or indirect) howsoever arising out of or in connection with this Agreement or any collateral contract, or the production, sale, supply or use (by Fotis, the Customer or any third party) of Ubuntu or Services provided under this Agreement, even if that party has previously been advised of the possibility of the same and whether foreseeable or not. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Upon expiration or termination of customers Agreement and use of Fotis Machine Images (FMI’s) with AWS for any reason, all licenses granted to Customer under this Agreement shall terminate forthwith and Fotis will have no obligation to provide any Services.