Whitestein Technologies is proud to be a Platinum Sponsor to the annual...
LSPS Cloud Evaluation Terms and Conditions
By downloading LSPS Cloud Edition you, the Subscriber, represent that you understand the terms of this License and that you agree to be bound by these terms. If you are accepting the terms of this License on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that company or legal entity to these terms.
Definitions
LSPS Cloud Edition PDS – the edition of the LSPS Process Design Suite (PDS) for use in cloud computing environments.
LSPS Cloud Evaluation Instance – a provisioned virtual machine containing an LSPS server, database and other associated software.
LSPS Software – the collective term for LSPS Cloud Edition PDS and LSPS Cloud Evaluation Instance, plus any other software provided to the Subscriber by Whitestein.
Subscriber – the individual that has requested and received a provisioned LSPS Cloud Evaluation Instance.
Subscriber Account – the Subscriber account created for the purposes of accessing and using the LSPS Cloud.
Subscription Term – the period during which the Subscriber is entitled to use LSPS Software as defined in these Terms & Conditions.
Terms & Conditions – this Terms & Conditions document.
Preamble
These general terms and conditions govern the evaluation service of the LSPS Cloud Evaluation made available by Whitestein to interested parties. By submitting any form that refers to this agreement the subscriber declares (1) to have received a copy of these terms & conditions, (2) to have read and understood the content of these terms & conditions, and (3) to accept the these terms & conditions in all parts.
LSPS Software, the Whitestein website, and all related content are protected by international copyright law and other applicable intellectual property laws.
Whitestein reserves the right to suspend the provision of the LSPS Cloud Evaluation service and access to its products at any time and without warning.
Whitestein may modify these terms & conditions at any time. Notice of any modification will be provided to the subscriber via email.
Subscriber Account
- To use the LSPS Cloud Evaluation service a Subscriber Account must be created via the Whitestein website - www.whitestein.com.
- Subscriber information should be accurate, current and complete. The Subscriber is responsible for ensuring their profile information is up to date to ensure that notices, statements or other information may be communicated when necessary.
- The Subscriber is responsible for ensuring the protection of their Subscriber Account credentials, including control of who may access their account or use any LSPS Cloud Instance on their behalf.
Available Components
- Subject to these Terms & Conditions, Whitestein grants the Subscriber a non-exclusive right to access and use the following list of LSPS Software and documentation (see Section 5) during the applicable Subscription Term.
- Subject to the terms expressed in these Terms & Conditions, the Subscriber will have access to the following:
– A locally installable LSPS Cloud Edition PDS.
– An LSPS Cloud Instance containing an LSPS application server and database.
– Access to the LSPS Discovery Accelerator.
– Access to online technical LSPS documentation. - The subscriber is not entitled to any commercial updates to LSPS Software listed in Section 5. Nevertheless, Whitestein may provide updates to both LSPS Software and documentation at any time, and without notification.
Usage Restrictions
- The LSPS Cloud Evaluation service is intended only for assessing the features and functionality of LSPS. It may under no circumstances be used for commercial purposes. Should the Subscriber wish to make use of LSPS for commercial purposes, he/she should contact Whitestein at info@whitestein.com.
- The Subscriber may only deploy application models to the provisioned LSPS Cloud Instance associated with the Subscriber Account.
- The Subscriber is fully responsible for any data, including application models, database content, documents, or any other materials of any type, that he/she uploads to the LSPS Cloud Instance server.
- The Subscriber may not modify, alter, translate, or create derivative works of the LSPS Software, or merge the LSPS Software with other software.
- The Subscriber may not sub-license, lease, rent, or loan or otherwise distribute the LSPS Software or any component thereof to any third party.
- The Subscriber may not transfer the rights expressed in these Terms & Conditions to a third party.
- The Subscriber may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the LSPS Software.
- The Subscriber may not use the LSPS Software, or allow others to use the LSPS Software, in connection with any application requiring fail-safe performance, such as the operation of nuclear power facilities, air traffic control or navigation systems, weapon control systems, life support systems, or any other systems that could lead to injury, death, environmental damage or mass destruction.
Fees
- Use of the LSPS Cloud Evaluation is available without fee. For commercial pricing information, contact info@whitestein.com, or visit www.whitestein.com for further information.
Subscription Term and Termination
- Each Subscriber Account allows the provisioning of a single LSPS Cloud Instance.
- The free evaluation Subscription Term of any provisioned LSPS Cloud instance will be 90 days, after which the Subscriber’s LSPS Cloud instance will be terminated. Before the end of the 90-day period, the Subscriber will be offered the option to extend the initial period for an additional 90 days.
- An LSPS Cloud Instance will be terminated if it remains unused for 14 contiguous days.
- Upon termination of an LSPS Cloud Instance all deployed applications and data will be erased and Whitestein shall retain no backup.
- The Subscriber Account remains active after an LSPS Cloud Instance is terminated. Via this account the Subscriber may provision another LSPS Cloud Instance, although data from any prior instance will not be preserved or transferred.
- The Subscriber may terminate a deployed LSPS Cloud Evaluation instance.
- Whitestein reserves the right to terminate any LSPS Cloud Instance without warning and at its own discretion.
Service Guarantee
- As LSPS Cloud Evaluation is a cost free service intended for assessing the functionality of the Living Systems Process Suite, Whitestein provides no guarantee that the service will be available at any given moment. Whitestein will nevertheless undertake reasonable effort to ensure the service remains available and operational.
Support
- Whitestein is not obligated or required to provide to the Subscriber with any support services regarding any aspect of installation or usage of any software provided under these Terms & Conditions. To enquire about commercial support services send an enquiry email to info@whitestein.com.
- Notwithstanding Section 24, Whitestein provides access to the following set of self-service support content to the Subscriber:
– Access to online LSPS technical documentation.
– Access to the LSPS online discussion forum.
– Emails may be sent to support@whitestein.com, which will be assessed and treated according to best effort. - The subscriber is encouraged to address support queries to the LSPS community via the online discussion forum (available via www.whitestein.com).
Liabilities
- Whitestein will under no circumstances be liable, even in any part, for any difficulty, defect, failure, interruption or inability to access or use software or services referred to in these Terms & Conditions. Nor will Whitestein be responsible for any hardware equipment, software of the Subscriber, or an Internet connection, or actions of the Subscriber that prove to be inappropriate, harmful or against the law (including copyright infringement) whether national or international.
- The Subscriber is fully responsible for the use of provided software and for the results and effects obtained with such use.
- Under no circumstances is Whitestein, or its representatives, liable for loss of, or damage to, data; special, incidental, or indirect damages, or economic consequential damages; or lost profits, business, revenue, goodwill, or anticipated savings.
Concluding Provisions
- LSPS software is proprietary to Whitestein. Whitestein licenses LSPS software to the Subscriber for use only under these Terms & Conditions. No rights are transferred other than the rights expressly granted by these Terms & Conditions.
- LSPS software is connected to components that are the property of third parties and that shall be licensed to the Subscriber for the purposes of evaluation via these Terms & Conditions.
- The Subscriber acknowledges to having no rights hereunder to use any trademark or logo belonging to Whitestein. The Subscriber may not use Whitestein names, logos, or trademarks, except to state that software was created using the LSPS Software. Furthermore, the Subscriber may not efface any LSPS Software or alter or obscure any of the trademarks and/or logos of Whitestein.
- These Terms & Conditions are governed by and construed in accordance with the laws of Switzerland.