Cross-Functional Architecture And Tools For Cloud-Based Operating Models
Effective date: 1/08/2023
Welcome to Agile Cloud Institute, Inc. (“Company”, “Agile Cloud Institute”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.
The compiled, binary versions of the Agile Cloud Manager can be used for free for commercial projects in most cases, as defined by our terms and licenses.
But you must read and accept all of the more complete description of terms in this document below in order to use our software and our web sites. So please continue reading.
These Terms of Service (“Terms”, “Terms of Service”, “terms”) govern your use of our web pages located at https://AgileCloudInstitute.io, all written communication with us including but not limited to emails and presentation slides, and all of our software such as that located at https://github.com/AgileCloudInstitute . In addition to the Terms outlined in this document, our Terms also include abiding by the licenses that we place in each of our code repositories and distributions. When we refer to Terms in this document, we are also referring to adherence with the license(s) that we place in any of our repositories and distributions associated with any given use you might be making of our Service.
Our Service (“Service”, “service”) includes our websites, software, training, support, and documentation including, but not limited to, https://AgileCloudInstitute.io , written materials including but not limited to emails and presentation slides, and all of the software and resources that we place at https://github.com/AgileCloudInstitute/ and elsewhere.
If you do not agree with (or cannot comply with) Agreements and Terms, then you may not use the Service, but please let us know by emailing at support@AgileCloudInstitute.io so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Thank you for being responsible.
You are free to use our software for your commercial projects, but only if your use case does not violate these terms and licenses or otherwise compete with any of Agile Cloud Institute’s current or future offerings.
If you create a composite work that uses our software in any form and/or that uses any other aspect of our Service, the composite work must not violate these terms and licenses or otherwise compete with any of Agile Cloud Institute’s current or future offerings.
The Agile Cloud Manager’s Domain Specific Language DSL and Command Line Interface CLI may only be used with officially-licensed versions of the Agile Cloud Manager from the Agile Cloud Institute. The DSL and CLI are protected by copyright, trademark, and other laws of foreign countries.
Service and its original content, features and functionality are and will remain the exclusive property of Agile Cloud Institute. Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Agile Cloud Institute.
If you use any of our intellectual property, you must:
You agree to place any of your own code that you must keep private in the parts of our architecture which have licenses that allow you to keep your code private, including custom controllers, basic building blocks using third party tools, system templates, appliance templates, preprocessors, and postprocessors. You agree not to put any of your own code that must remain private into the Agile Cloud Manager’s source code because you acknowledge that any modifications or derivations of the Agile Cloud Manager’s code must be licensed back to Agile Cloud Institute as described in the Agile Cloud Manager’s license.
You are solely responsible for the accuracy of any estimates of the impact that the Service and any of its elements might add to your organization, including but not limited to the quantification of financial benefits and the level of security. As one example, if any aspect of the Service provides you with an approach to analyzing your systems that might indicate a specific increase in the productivity of your organization that might result from implementation of Service, you are responsible for validating our suggested approach and you are responsible for deciding how to apply such analysis to your organization. Your team members within your organization are expected to provide competent assessment of the potential impact of Service on your organization, including the impact on financials, processes, systems, and security. And your organization is solely responsible for the impact that Service has on your organization. You agree not to hold Company accountable for any such estimation of impact, including but not limited to release of liability described in the Disclaimer of Warranty and Limitation of Liability sections of this document below.
Content found on or through this Service are the property of Agile Cloud Institute or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Authorized commercial uses of our software and other content are limited to those defined in these Terms and attached licenses.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
Additionally, you agree not to:
Users of the Agile Cloud Institute’s software, training materials, and documentation must commit to integrity, quality, and ethics in their promotion of continuous improvement using the software, training materials, and documentation. This includes protecting Agile Cloud Institute intellectual property.
You may provide us either directly at support@AgileCloudInstitute.io or at our other AgileCloudInstitute.io email addresses, or via our GitHub site https://github.com/AgileCloudInstitute with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Agile Cloud Institute may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Agile Cloud Institute is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Agile Cloud Institute and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) Feedback in any manner and for any purpose.
Our Service may contain links to third party web sites or services that are not owned or controlled by Agile Cloud Institute.
Agile Cloud Institute has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT AGILE CLOUD INSTITUTE INC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your license and bar access to Service immediately, without prior notice or liability, under our sole discretion, and without limitation, if we believe you have breached the Terms and/or associated licenses. You would then have to request reinstatement from us, and we would be free to decide whether or not to reinstate your license at our sole discretion.
You agree to notify us promptly of any potential or suspected violation of these Terms and licenses and any unethical or illegal situation related to the use of the Service of which you become aware.
If User is acquired by, sells substantially all of its assets to, or undergoes a change of control in a favor of, a current or potential future direct competitor of Agile Cloud Institute, then Agile Cloud Institute may terminate this Agreement immediately upon written notice.
If we believe that you have created a competing product, you agree to transfer ownership to us of the product you created, and you agree to cease developing, using, and distributing the product that you created. We may also terminate or suspend your license and bar access to Service immediately, without prior notice or liability, under our sole discretion, and without limitation. You would then have to request reinstatement from us, and we would be free to decide whether or not to reinstate your license at our sole discretion. If you are not sure whether a product you have in mind would be considered to be competing, then ask us by contact form or by email at support@AgileCloudInstitute.io . We would be happy to help you find a way of accomplising your goals without violating these terms or otherwise competing with us.
If you wish to terminate, you may simply discontinue using Service. This includes discontinuing any use of or reference to any intellectual property owned by Agile Cloud Institute.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, non-compete provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms will be governed by the Applicable Law (without regard to the conflicts of law provisions of any jurisdiction), and claims arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of El Dorado County, California, United States.
Each Party irrevocably submits to the jurisdiction and venue of El Dorado County, California, United States, and agrees to service of process issued or authorized by, any court in the Jurisdiction in any action or proceeding. Neither the United Nations Convention of Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act will apply to this Agreement.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
If any provision of these Terms is held invalid or unenforceable under applicable law by a court of competent jurisdiction, it will be replaced with the valid provision that most closely reflects the intent of the Parties and the remaining provisions of the Agreement will remain in full force and effect.
Nothing in this Agreement is to be construed as creating an agency, partnership, or joint venture relationship between the Parties hereto. Neither Party has any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other Party, whether express or implied, or to bind the other Party in any respect whatsoever. Each Party may identify the other as a user or supplier, as applicable.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service 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 Service.
These Terms including the licenses distributed with each Agile Cloud Institute software repository and distribution together comprise the entire agreement between User and Agile Cloud Institute, and supersedes all prior or contemporaneous proposals, quotes, negotiations, discussions, or agreements, whether written or oral, between the Parties regarding its subject matter. In the event of a conflict between these Terms and linked licenses compared to any other document referenced in these Terms, these Terms and linked licenses will control. Any preprinted terms on any User ordering documents or terms referenced or linked therein will have no effect on the terms of these Terms and licenses and are hereby rejected, including where such User ordering document is signed by Agile Cloud Institute. These Terms and licenses may be executed in counterparts, which taken together form one binding legal instrument.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
If you have any questions about these terms of service, please contact us:
By email: support@AgileCloudInstitute.io
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