License agreement

Permissions	Limitations	Conditions
✔ Internal Use	✖ Liability	✱ License and copyright notice
✔ Unlimited dashboards	✖ Warranty	✱ Notebook only
✔ Prototyping/Testing	✖ No commercial use
✔ 1 Builder – 2 Viewers	✖ No production deployment

The table above does not replace reading the license or legal advice.

This free community end user license agreement (“EULA”) is entered into by and between You acting as a legal entity for a professional use (“END USER”) and ActiveViam SAS, a French corporation with registered offices located at 46 rue de l’Arbre Sec, Paris (75001), France, registered under the number 824 978 852 (“ACTIVEVIAM”) and governs the use by End User of ATOTI version 0.4.3, a tool composed of a set of libraries, extensions such as JupyterLab extension, and its documentation that allows the development of rapid decision-making applications based on a large volume of datasets, developed by ActiveViam (the “SOFTWARE”).

By requesting to have access to the Software, downloading or using the Software, End User acknowledges that he/she has understood and agreed with the terms of this EULA. If End User does not accept these terms, End User must not use the Software.

End User and ActiveViam are hereinafter individually or collectively referred to as the “PARTY (IES)”.

1. PURPOSE & DESCRIPTION OF THE SOFTWARE

   1. The EULA sets out the terms and conditions under which End User may install the Software from a library package and/or use the Software on a royalty-free basis. In order to run the Software, End User must install a java virtual machine (JVM). For convenience purposes, atoti includes the JVM provided by OpenJDK in the downloadable package. OpenJDK is licensed under the GLPv2 with classpath exception license.

   2. The Software is accessible via a website such as, but not limited to, https://conda-forge.org/ or via a virtual machine or from the atoti website at https://www.atoti.io/ (the “SITE”). The features and functionalities of the Software are listed on the Site.

2. LIMITED COMMUNITY EDITION

   3. The Software is provided for the restricted usage authorized herein. It may not include all features and functionalities found in any future version of the Software. It is also possible that some of the features and functionalities included in the current version of the Software may be removed from future versions of the Software.

   4. The Software is made available to the End User solely for the purpose of demonstrating the possibilities offered by the Software so End User can evaluate the possibilities and potential of the Software.

3. LICENSE GRANT

   5. Provided that End User complies with all terms and conditions of this EULA, ActiveViam grants End User a personal, limited, revocable, worldwide, non-exclusive, non-transferable royalty-free license during the Term to download, install and/or use the Software solely and exclusively for the uses permitted under this EULA. Notwithstanding the above, End User may share up to two access to Results (as defined below) and make the Software available through a virtual machine.

   6. End User may use the Software in notebook environments (i.e. in a ipynb file) solely to develop models and to test the Software functionalities and features included in this version such as for proof of concept purposes (“NON-PRODUCTION ENVIRONMENT”). Development of visualizations and any similar content creations is permitted use for the Non-Production Environment and allowed for one (1) developer (“BUILDER”). The use of the Software for visualization is allowed for 2 (two) viewers that can simultaneously connect to the application created using the Software in a Non-Production Environment (“VIEWERS”). Software may not be used for any other purposes, including but not limited for commercial or for-profit purposes.

   7. Regarding any other elements generated as part of the use of the Software such as the models or dashboards created (the “RESULTS”), they cannot in any event be deployed, used on an enterprise scale or for more than the number of Viewers indicated herein without subscribing to an Enterprise Edition License Agreement.

   8. This EULA includes the right to display and copy the Software and the Results solely for the purposes authorized herein above.

   9. When End User downloads the Software, End User is provided with the executable code of the Software. End User understands that no source code is provided.

   10. The Software does not include any authentication or user access control system. End User is not authorized to use or add any external software, hardware or programming method to implement an authentication or user access control layer to the Software.

   11. End User may make one copy of the Software in machine readable form for backup / security purposes only, provided that the backup copy must include all proprietary notices contained on the original Software package.

4. OWNERSHIP - RESTRICTIONS

   12. The EULA does not convey any assignment of rights to End User on the Software. ActiveViam owns or has all the title, copyright and other intellectual property rights in the Software.

   13. Regarding Results, End User is also granted a right to use such Results as provided under this EULA. However, such Results are not assigned to End User.

   14. End User may not and will not allow a third party to:

       • reverse engineer, decompile, disassemble, or otherwise attempt to discover / have access to the source code or algorithms of the Software,

       • adapt, modify, disable any features and functionality of, the Software / the Results, or create derivative works based on the Software/ the Results,

       • rent, lease, lend, sublicense or send the Software / Results or make available the Software or its functionalities to any other End User, remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Software,

       • use the Software to develop a product which is competitive with any ActiveViam product or services offerings.

5. SOFTWARE SUPPORT

   15. ActiveViam will not provide any support or maintenance services under this EULA or any other professional services except as offered on a discretionary basis. End User acknowledges that ActiveViam has no express or implied obligation to announce or make available any updates, enhancements, modifications, revisions, or additions to the Software and that this EULA does not give End User any rights in or to any of the foregoing.

   16. ActiveViam or its affiliates may release from time to time Software updates/new versions as they are released. This EULA also applies to all and any component, patch, app and/or add-on of the Software that ActiveViam may make available on the Site, unless ActiveViam provides supplemental or additional license terms along with such release. Availability of a Software release or new Freemium version may terminate this EULA at ActiveViam’s discretion.

   17. To access such Software’s release or new Freemium version, End User must accept to be bound with the terms of the then applicable EULA. In addition, such release or new Community edition may require an access to the internet, an updated version of the browser or to upgrade other Software dependencies (such as Java Python, anaconda, node) and additional storage space on the device used to download the Software. Failing to meet these criteria may result in the failing to download or install the release or new community edition version.

   18. If necessary and requested in writing by End User, ActiveViam will provide available interface information needed to achieve interoperability between the Software and another software or application

6. TERM AND TERMINATION

   19. This EULA is effective for a period of 64 (sixty-four) days from the date of the Software’s release (the “Term”). At the end of the Term, the EULA is automatically terminated and End User is not authorized to use the Software any longer.

   20. ActiveViam may terminate this EULA at any time by informing End User (if End User has provided his/her contact information) or deciding so when making available a Software release or new community edition.

   21. The rights under this EULA will terminate automatically without notice and without compensation from ActiveViam if End User fails to comply with any of the terms and conditions of this EULA, notwithstanding ActiveViam’s right to claim damages.

   22. The EULA will also terminate if and when End User deletes / erases the Software and any copy made of it.

   23. At the end of the Term, End User must cease all use of the Software and erase all copies, of the Software, the Results and releases.

7. DATA PROTECTION

   24. ActiveViam and the End User commit to comply with the French Data privacy law n°78-17 of January 6th 1978 modified in 2019 and the European regulation on data privacy (the “Data Privacy Regulation”).

   25. The End User exercises total control over the uses he/she makes of the Software, therefore he/she fully and exclusively bears the processing of personal data that he/she may warry out using the Software.

   26. If contact information is provided by End User, ActiveViam shall process this data in compliance with its privacy policy. Access and use of the Site is subject to a privacy policy and terms of use available at the following addresses https://www.atoti.io/privacy-policy and https://www.atoti.io/terms.

8. WARRANTY

   27. The Software and Results are provided “as is” and on an “as available” basis, without any warranty of any kind from ActiveViam, either express or implied. To the fullest extent possible pursuant to applicable law, ActiveViam disclaims all warranties express, implied, or statutory, including, but not limited to, implied warranties of merchantability, satisfactory quality or workmanlike effort, fitness for a particular purpose, reliability or availability, accuracy, lack of viruses or infringement of third party’s rights / interest.

   28. ActiveViam does not warrant that the operation of the Software or Results will be uninterrupted or error free.

9. LIMITED LIABILITY

   29. ActiveViam will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the Software or any third party application, its content or functionality, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, failure to connect, network charges, in-app purchases, and all other direct or indirect, damages even if ActiveViam has been advised of the possibility of such damages. ActiveViam will not be responsible for any damage caused by End User, its employees, subcontractors or any third parties.

   30. ActiveViam shall only be liable for direct damages and shall not be responsible or liable, for any indirect damage or loss, including but not limited to any damage to or loss of data, caused or alleged to be caused by, or in connection with, the use of Software. Any damages or loss must be notified in writing to ActiveViam within 15 days of its occurrence, failure to do so extinguishes such claim.

   31. In any case, ActiveViam’s total liability to End User for all losses, damages, causes of action, arising out of its use of the Software or the Results, or any other provision of this EULA, shall not exceed the amount of 50 euros.

10. THIRD PARTY APPLICATION INCLUDING OPEN SOURCE

    32. End User agrees that third party applications, software or programs, including solutions offered on an open source mode (the “THIRD PARTY APPLICATION”) may be included with, or downloaded with this Software. ActiveViam makes no representations whatsoever about any of these Third Party Application.

    33. Since ActiveViam has no control over such Third Party Application, End User acknowledges and agrees that ActiveViam is not responsible for such Third Party Application. End User expressly acknowledges and agrees that the use of Third Party Application is at its sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with End User. ActiveViam shall not be responsible or liable, directly or indirectly, for any damage or loss, including but not limited to any damage to or loss of data, caused or alleged to be caused by, or in connection with, use of or reliance on any such Third Party Application available on or through any such Third Party Application.

    34. End User acknowledges and agrees that the use of any Third Party Application is governed by such Third Party Application’s terms, EULA and privacy Policy, or other such agreement and that any information or personal data provided by the End User, whether knowingly or unknowingly, to such Third Party Application, will be subject to such Third Party Applications’ privacy policy. ActiveViam expressly disclaims any responsibility for any disclosure of information or any other practices of any Third Party Application. ActiveViam expressly disclaims any warranty regarding whether personal information is captured by any third party application provider or the use to which such personal information may be put by such Third Party Application provider.

    35. End User acknowledges that certain Third Party Application may be subject to open source. The open source license provisions may override some of the terms of this EULA. ActiveViam may provide the applicable open source licenses upon request.

11. ASSIGNMENT AND TRANSFER

    36. End User may not assign this EULA in whole or in part to any third party or any of rights or obligations hereunder (by operation of law or otherwise).

    37. In addition, End User expressly authorizes ActiveViam to assign the EULA to a subsidiary, or to any company or legal entity, in particular in the context of a merger, divestiture, transfer, partial asset contribution or direct or indirect change of control as defined in Article L. 233-3 of the Commercial Code.

12. GENERAL PROVISIONS

    38. Non - waiver. Unless otherwise agreed, failure by either Party to exercise any of its rights hereunder or to enforce any provision of this EULA will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.

    39. Severance. If any provision of this EULA (or part of any provision) is held to be void or otherwise unenforceable by any court of competent jurisdiction, such provision (or part) shall, to the extent necessary to ensure that the remaining provisions of this EULA are not void or unenforceable, be deemed to be deleted and the validity and/or enforceability of the remaining provisions of this EULA shall not be affected. In such a case, the Parties will do their best efforts to interpret or renegotiate the concerned provision to achieve as nearly as possible the same economic effect of the original provision and remain in line with the Parties’ intentions.

    40. Compliance. Upon ActiveViam’s written request, the End User will certify in writing that the use of the Software is fully compliant with the terms of the Agreement.

    41. Modifications. The EULA may be modified at any time and without any prior notice. The applicable version of the EULA that governs the use of the Software is the EULA in force when End User downloads the Software and that is enclosed with it. Any modification of the EULA applies to all the elements previously downloaded by End User and overrides any previous version as soon as End User downloads any release.

    42. This EULA is exclusively governed by the laws of France. In order to resolve amicably any dispute that may arise with respect to the interpretation, the performance and/or the termination of this EULA, the Parties agree to meet after the receipt of a notice sent by registered mail by one of the Parties, with the intent to solve any dispute in an amicable way. Failing for the Parties to reach an amicable settlement by executing a settlement agreement within 30 (thirty) days following the notification by a Party of the existence of the dispute and making an express reference to this provision, the Parties shall submit their dispute to the Paris commercial court that will have exclusive jurisdiction to settle the dispute.