Enthought Python Distribution

Installation Support Agreement

Installation and use of this software is subject to the terms and conditions set forth in this agreement.

Background

Enthought has collected and distributes a set of open source software packages designed for scientific users and applications. Enthought also offers certain services relating to the installation of this software, namely collecting the appropriate packages into a single convenient binary form, the "Enthought Python Distribution", for distribution to and installation by its customers. This install-ready software features the Python programming language and Python-related tools.

The source code for all software in the Enthought Python Distribution is and remains available under the original open source licenses, although the binary collection itself is not open source. You may obtain copies of the source code through links published on the Enthought website. You may not copy the binary form of the Enthought Python Distribution except under the terms and conditions of this Enthought Python Distribution Service Agreement, to which you are required to assent before installing.

The Enthought Python Distribution is distributed to Customer under this Agreement for a fee for each individual copy of the binary software in actual use by the Customer. Enthought promises to deliver to Customer a subscription service for regular binary updates with newer versions of the Python open source software as and when it is released and tested. Installation support services are available for this Personal Edition of the software services via email contact to support@enthought.com for Customer to deal with product installation problems that may arise. As part of this Agreement, Enthought also provides Customer with additional representations and warranties concerning the origin of this software, as stated below.

Terms and Conditions

Software License.

Upon the payment by Customer of the per-copy Annual Service Fee specified in Section 2 below, Customer shall have a copyright license to make and to use as many copies as it needs and actually uses, or that it actually authorizes others to use on Customer's own behalf, of the install-ready software known as the Enthought Python Distribution. Customer may also make sufficient additional copies as are reasonably required for normal computer backup purposes.

Term of License and Service Fee.

This Agreement is effective as of the date of installation ("Effective Date"). During the first year following the Effective Date of this Agreement (the "Initial Term"), the annual per-copy license fee is provided free of charge and annual service fee for the Enthought Python Distribution is $99 (USD) (hereafter the "Annual Service Fee"), plus any applicable taxes, levies, duties or custom fees or the like normally assessed on such software and service transactions. For research and education purposes by non-commercial and non-governmental users, the annual service fee is waived. The software may be used by anyone for a trial period of 30 days without fee.

Renewal Terms.

This Agreement may be renewed for additional one-year terms ("Renewal Term") upon payment of the appropriate Annual Service Fee. The terms and conditions of this Agreement shall automatically apply to each Renewal Term unless this Agreement is amended in a writing signed by both parties.

Termination.

Enthought may terminate this Agreement upon thirty (30) days written notice that Customer has refused or failed to pay the Annual Service Fees when and as due, or upon Customer's material breach of any of the terms and conditions of this Agreement, and thereupon the software license of Section 1 shall cease as to any copies not paid for. Customer may terminate this Agreement at any time upon notice to Enthought. Upon termination of this Agreement, Customer shall cease to make and use any copies of Enthought Python Distribution other than those that were already made prior to termination, and Enthought will thereafter no longer provide Support Services for any copies already installed.A

Support Services.

During the Initial Term and any Renewal Term of this Agreement, Enthought will provide the following services.:

Installation Support

Email: support@enthought.com

Access to the latest binary distributions through the Enthought website.

Notices and updates to correct material errors in any component of the binary Enthought Python Distribution posted on the Enthought web site.

New releases of component products incorporated into new stable versions of the binary Enthought Python Distribution.

Documentation on the installation and support of the Enthought Python Distribution.

Trademark.

Enthought is a trademark of Enthought Inc. Python is a registered trademark of the Python Software Foundation. This Agreement does not include a license to these or other trademarks of Enthought or those of any contributors to any software included in the Enthought Python Distribution.

Confidentiality Requirements.

Representations and Warranties.

In consideration for the Annual Service Fees paid, Enthought hereby represents and warrants that the copyrights in and to the Enthought Python Distribution are owned by Enthought or are sublicensed to you under the terms of this Agreement with the permission of the licensor(s) of those copyrights. Except as expressly stated in the immediately preceding sentence, the Enthought Python Distribution is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of non-infringement, merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE Enthought Python Edition IS WITH YOU. Notwithstanding the above disclaimer of warranty, as a commitment to Customer, Enthought promises to use its best commercial efforts to identify and help resolve material defects in the collection and packaging of the open source software that is distributed to Customer under this Agreement.

Limitation of Liability.

Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall Enthought be liable to anyone for any indirect, special, incidental, or consequential damages of any character arising as a result of this Agreement or the use of the Enthought Python Distribution including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. The total liability of Enthought to Customer in any event shall not exceed the amount paid by Customer to Enthought under this Agreement. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.

Dispute Resolution.

Enthought and Customer both state that it is their intention to resolve disputes between them concerning this Agreement directly in good faith negotiations. Should that fail, the parties hereby agree to resolution of their dispute by binding arbitration in Travis County, Texas, under the then-current Commercial Arbitration Rules of the American Arbitration Association. In any event, the parties agree that this Agreement shall be governed by the laws in force in the State of Texas, without regard to the conflicts of laws provisions thereof, as construed by the District Court of Travis County, Texas or, at the Customer's option, the United States District Court for the Western District of Texas, and in that jurisdiction and venue.