Thank you for using the TrueStack server. By using the the TrueStack server obtained from TrueStack or a TrueStack authorized-reseller, you agree to this License Agreement.  If you do not agree to the terms of this License Agreement, do not install or use the TrueStack server.

You may not:

  1. sublicense, rent, or lease any portion of the TrueStack server or license; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the TrueStack server, or create derivative works from the TrueStack server;
  2. install or use the TrueStack server or receive any maintenance services that you may have ordered unless you have received a copy of the software from TrueStack or a TrueStack-Authorized reseller, and if you accept all the terms of this agreement.

Limited Warranty and Limitation of Liability

The software and documentation for the TrueStack server are offered AS IS and WITHOUT ANY WARRANTY express or implied, including but not limited to warranty of design, merchantability, or fitness for a particular purpose.  In no event will TrueStack be liable for any lost profits or business opportunities, loss of use, business interruption, loss of data, or any other indirect, special, incidental, or consequential damages under any theory of liability, whether based in contract, tort, negligence, product liability, or otherwise.  The limitation shall apply regardless of whether TrueStack has been advised of the possibility of such damages, or for any claim by you or any third party.

You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions.

Third-Party & Open Source Software Disclosures

TrueStack uses Third-Party open-source code software (“Open Source Software”) to develop the the TrueStack server. Any Open Source Software provided hereunder is provided pursuant to such Open Source Software license terms and conditions. Upon reasonable notice to you, we have the right to replace software provided to you as part of Open Source Software with software that has similar functionality. The license terms associated with Open Source Software require that we provide copyright and license information to you. A list of the Open Source Software used and available to You from us and the applicable license terms are provided here. Any provisions in this Agreement which differ from any Open Source Software license are offered by us alone and not by any other party.

WE DISCLAIM ALL WARRANTIES WITH REGARD TO OPEN SOURCE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WE OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OPEN SOURCE SOFTWARE EVEN IF WE OR OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THIS LIMITATION WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR OR OUR LICENSORS’ NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Usage

The TrueStack server includes five free licenses. Your license to use the TrueStack server is limited to the number of additional licenses purchased by you. You shall not allow others to use, copy or evaluate copies of the TrueStack server.

Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the TrueStack server and destroy all copies of the TrueStack server supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

Scope of TrueStack Licenses:

TrueStack grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to install the TrueStack server and TrueStack agent only on the number of devices for which you have paid the applicable fees for licenses, and until the license expires. Each license grants you the right to install and use the TrueStack server and the TrueStack agent on one device at a time. You must obtain a separate license for each device or obtain a multi-device license by purchasing an additional license or licenses package. The TrueStack server (including any releases, revisions, updates, or enhancements to the Software) and any documentation that accompanies or is made available in connection with Software (including any subscription or purchase information, product packaging) is owned by TrueStack or its licensors. This includes all intellectual property rights (discussed below) in and to the TrueStack server documentation. The TrueStack server provided to you is licensed, not sold to you, and we reserve all rights to the TrueStack server not expressly granted in these Terms. If you do not agree with the terms of this license, you must cancel your account and stop accessing the TrueStack server. We reserve all other rights to the TrueStack server.

Compatibility with the TrueStack server

You are responsible, at your own expense, for all computers, telecommunication equipment, software, access to the Internet, and communications networks required to use the TrueStack server. TrueStack is not responsible for any delays or failures in the TrueStack server due to a failure of any computers, telecommunication equipment, software, access to the Internet, or communications networks necessary to use or access the Services outside of its control.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Law and Jurisdiction

These Terms and Conditions and the relationship between you and Us shall be governed by and construed in accordance with the laws of the United States, and you agree to submit to the exclusive jurisdiction to the courts of the United States.

Collection and Use of Personal Information. TrueStack, use and transfer your personal information in accordance with the terms of our Privacy Policy.

Contact TrueStack support: support@truestack.com