CloudOver commercial licensing terms

 

  1. Definitions

  1. cloudover.io company, cloudover.io - shall mean the company cloudover.io ltd. registered in London, 590 Kingston Road, SW20 8DN, United Kingdom

  2. Software - shall mean a collection of applications and source codes held by the licensor, available in online repositories https://github.com/cloudover and https://packages.cloudover.org

  3. Support, Support package, Support period - shall mean provided by cloudover.io time-limited service related to the Software installation, configuration and / or maintenance of purchased Licensing package of Software by person delegated by cloudover.io

  4. Customer - shall mean the individual or legal entity that is party to this Agreement by signing this document or by accepting the license terms online in connection with purchasing the License Package

  5. License Package - shall mean the subset of Software, support packages, and / or trainings provided to the Customer, listed in Appendix 1, appropriate for the License Package selected by the Customer by purchasing online the Software or by signing this Agreement

  6. License fee - shall mean the fee charged to the Customer for License Package, for rights granted under the terms of this Agreement.

  7. Customer’s Hardware - computers, servers, storage and networking devices necessary to install the Software, described in Appendix 3

  8. Software installation - shall mean the copy of Software covered by Licensing option installed at the Customer’s Hardware

  9. API - set of URL addresses representing particular functionalities implemented by Software, to provide remote access through the HTTP and / or HTTPS protocols

  1. License grant and ownership

  1. The cloudover.io ltd. hereby represents and warrants that it has the power and authority to grant the rights and licenses granted to Customer under this Agreement.

  2. cloudover.io ltd. hereby grants to Customer a worldwide, one year, non-exclusive, non-transferable license to all Software covered by chosen License Package, for the purpose of installing, using, maintaining, modifying and providing services.

  3. Software covered by chosen License Package shall mean the executable object code of software programs, source codes, patches, scripts, modifications, enhancements, designs, concepts or other materials that constitute the software programs necessary for the proper function and operation of the system as delivered by the cloudover.io company and accepted by the Customer according to purchased License Package.

  4. Exception for above are included third-party software libraries of the graphical interfaces licensed under the Apache2, MIT and / or BSD licensing terms, as well as snippets derived from the CC1 project under Apache2 License, owned by Institute of Nuclear Physics in Krakow, listed in Appendix 2

  5. This agreement does not transfer any proprietary rights to intellectual goods of cloudover.io company

  1. Copies, usage and modification

  1. Customer may create copies of this software for archival purposes and for installation which complies with the Licensing option chosen by Customer

  2. Customer may analyse and modify source code and decompile binary code of this Software provided with Licensing option

  3. Customer may mix this software with other, licensed on different licensing terms, especially with closed source and proprietary software

  4. Customer may provide online services, share computing resources and APIs, based on the Software covered by chosen License Package in pursuant to this Agreement

  5. All copies and distribution of the software shall remain within the direct control of Customer and its representatives.

  6. Customer is not allowed to share, redistribute or resell Software or its parts covered by License Package

  1. Warranty

  1. Customer declares that he was able to test the Software, in Licensing model based on GNU Affero GPL version 3 licensing terms.

  2. Customer purchases the software as it is and hereby declares that the Software meets customer’s requirements.

  3. Cloudover.io is not responsible for any damages, loss of data and other losses caused by the Software

  4. Cloudover.io does not warrant that the Software will satisfy the Customer’s requirements or that it will operate without any error or defect that the operation thereof will be uninterrupted.

  5. All use of and reliance on the Software is at the sole risk of and responsibility of Customer.

  1. Support

  1. cloudover.io company will provide one month of online Support period for installation, configuration and maintenance of Software in chosen Licensing model, at the Customer’s Hardware, if Support was included in chosen by Licensing model

  2. The Support period begins by signing a separate agreement by the Customer and cloudover.io company, which will be signed no longer than 14 days from purchase.

  3. The price of Support is included in price of chosen Licensing option, however Customer’s Hardware cannot exceed maximum size of hardware described in Licensing option or 1000 CPU cores or 100 machines.

  4. Customer will grant all necessary online access to the Customer’s Hardware for whole period of Support for delegate from cloudover.io company, with tools provided and choosen by cloudover.io

  5. Customer will provide installation of operating system at Customer’s Hardware, compatible by Software, before starting the Support

  6. Customer delegates the person responsible for managing the Customer’s Hardware and operating system for the duration of the Support.

  7. Customer assures that delegated person has the competence and access to manage the Customer’s Hardware and software, which cloudover.io company will use for installation, configuration and maintenance purposes (Support)

  8. Customer assures that the person will perform the necessary commands for installation, configuration and maintenance, issued by delegate of cloudover.io.

  9. Refusing access to the Customer’s Hardware or failing to meet any of above requirements may shorten the Support period or cancel it without any consequences for cloudover.io

  10. The Support period may be extended by the elapsed time from signing the Support Agreement to completion of the installation of Software covered by License Package, but not more than half of Support period duration.

  1. Fees and delivery

  1. This Agreement begins at the time of online purchase Software covered by License Package or by signing it by Customer and by cloudover.io company.

  2. Customer commits to make payment no longer than 30 days from purchasing software

  3. If Customer is not a member of European Union Member State, cloudover.io reserves the right to increase the price of sold License Package for additional taxes and fees required by international laws.

  4. If Customer is established in a country which has restrictions on trade with country of residence of cloudover.io, the cloudover.io reserves the right to withdraw from the Agreement without incurring any consequences.

  5. Entry into force of this Agreement causes that Customer might proceed using Software shared in repositories https://github.com/cloudover and https://packages.cloudover.org, according to the chosen License Package on terms of this agreement, marked in code as the commercial license.

  6. Customer may request a copy of Software covered by License Package delivered on DVD.

  1. Term and termination

  1. Termination of this Agreement takes place after one year from purchasing.

  2. After termination of this Agreement Customer will immediately stop using the Software covered by purchased License Package on terms described in this Agreement or will purchase License Package for next period on terms and conditions applying in moment of purchase of next License Package.

  3. Withdrawing from the contract by Customer does not result in a refund

  4. A breach of this Agreement by Customer may result in immediate termination of the Agreement by the cloudover.io without any additional consequences

Appendix 1

The list of CloudOver License Packages:

CloudOver Basic 100 and CloudOver Basic N+:

  1. CoreCluster, including submodules:
    1. corecluster-storage-libvirt

    2. corecluster-auth-db

    3. corecluster-algorithm-node-default

    4. corecluster-algorithm-storage-default
    5. corecluster-algorithm-id-uuid
  2. CoreNetwork
  3. CoreNode
  4. CoreUI

The CloudOver Basic 100 variant allows for installation on up to 10 physical servers as Compute Node with up to 100 CPU cores.

The CloudOver Basic N+ variant allows for installation on up to 100 physical servers as compute node with up to 1000 CPU cores.

For installations over 1000 CPU cores and more than 100 physical servers as Compute Nodes individual terms are negotiated.

The CloudOver Plus 100 and CloudOver Plus N+:

  1. Applications:
    1. CoreCluster, including subpackages:
      1. libvirt storage support
      2. corecluster-auth-db
      3. corecluster-algorithm-node-default
      4. corecluster-algorithm-storage-default
      5. corecluster-algorithm-id-uuid
    2. CoreNetwork
    3. CoreNode
    4. CoreUI
    5. CoreTalk
    6. CoreDHCP
  2. Support period for one month, includes remote installation and configuration

The CloudOver Plus 100 variant allows for installation on up to 10 physical servers as Compute Node with up to 100 CPU cores.

The CloudOver Plus N+ variant allows for installation on up to 100 physical servers as compute node with up to 1000 CPU cores.

For installations over 1000 CPU cores and more than 100 physical servers as Compute Nodes individual terms are negotiated.

Appendix 2

cloudover.io makes every effort to include all code snippets that are covered by non-primary CloudOver licenses. However, we do not guarantee that this list will always be up-to-date when developing and maintaining the Software.

List of third-party libraries and code snipets licensed under MIT License terms:

MIT License:

  1. NoVNC - HTML5 NoVNC Clent

  2. Chart.js - chartjs.org

  3. SemanticUI

  4. Angular JS

  5. Angular Route

  6. JQuery

  7. JQuery Json

  8. JQuery Cookie

  9. VIS

List of third-party libraries and code snipets licensed under Apache and Apache2 License terms:

  1. Parts of NoVNC client

  2. Files included in CoreCluster package:

    1. corecluster/models/core/lease.py

    2. corecluster/models/core/storage.py

    3. corecluster/models/core/node.py

List of third-party libraries and code snipets licensed under BSD License terms:

  1. ng-table

  2. JQuery Crypt

  3. JsSHA

Appendix 3

List of requirements of the Customer’s Hardware for providing Support Package, including installation or configuration of the Software covered by Licensing Package:

  1. Networking

  1. Means two separate Ethernet networks without firewalls and traffic restrictions.

  2. Internal network - means the network managed by Ethernet switch with at least 100Mbit (prefered 1Gbit) and IPv4 addressation

  3. External network - means the Ethernet network with DHCP enabled and Internet access, without any restrictions to the outbound traffic and IPv4 addressation.

  1. Management Node

  1. Means one computer or server with at least 2 GB of operating memory (RAM), 1 CPU with at least 2 cores, 100GB of storage and two networking cards.

  2. First networking card shall be connected to the External network, with DHCP autoconfiguration enabled.

  3. Second networking card shall be connected to the Internal network through network device (switch) and provide direct access to Storage and Compute Nodes.

  4. Customer is obliged to provide one of operating systems: Debian 8, Ubuntu 16.04 or Ubuntu 16.10.

  1. Compute Node(s)

  1. Means one computer or server with at least 2 GB of operating memory (RAM), 1 CPU with at least 2 cores, support for virtualization, 100GB of storage and one networking card connected to the Internal Network through switch.

  2. Compute Node should be able to forward outgoing traffic through the Management machine as the default gateway.

  3. Customer is obliged to provide one of operating systems: Debian 8, Ubuntu 16.04 or Ubuntu 16.10, the same as the Management Node.

  1. Storage

  1. The device, computer or server providing remote access to the storage resources, at least 10GB through Network File System (NFS)

  2. Storage will share at least one directory through NFS with all Compute Node(s) and Management Node without any restrictions to read and write.

< Go back     Author: Maciej Nabozny Published: April 18, 2017, 10:06 a.m.