EULA

End User License Agreement

License

  1. Under this End User License Agreement (the “Agreement”), EVE-NG LTD (the “Licensor“) grants the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use EVE-NG software, including EVE-NG Professional Edition and any other edition made available by EVE-NG LTD from time to time (the “Software”).
  2. The Software may be made available in different editions, including but not limited to Professional Edition, Freemium Edition, Community Edition, evaluation versions, or other editions as defined by EVE-NG LTD from time to time. Each edition may include different features, technical limits, access rights, support eligibility, capacity limits, user limits, concurrency limits, license-validation requirements, and permitted-use conditions.
  3. A paid EVE-NG Professional Edition license will be valid only for the license period assigned to that license, as determined by the applicable license key, license file, order, invoice, purchase record, or written agreement issued or approved by EVE-NG LTD. The license period may include a defined start date and end date. Where a start date and end date are specified, the license is valid only from the start date until the end date, unless otherwise stated in writing by EVE-NG LTD.
  4. A license may be issued with a future start date. In such case, the Licensee is not entitled to use the paid Professional Edition features before the applicable start date.
  5. Upon expiration, suspension, or termination of an EVE-NG Professional Edition license, access to Professional Edition features, professional-scale capacity, multi-user capabilities, and other paid functionality may be disabled, restricted, or converted to a limited mode, including Freemium Edition where applicable.
  6. The Licensee is responsible for backing up all labs, device configurations, data, and related materials before license expiration, downgrade, conversion, rollback, migration, or reinstallation. EVE-NG LTD is not responsible for any loss of configurations, lab states, data, or functionality resulting from expiration, downgrade, conversion, rollback, migration, or reinstallation.
  7. The Freemium Edition is a limited-use edition of the Software made available without a paid subscription for personal learning, evaluation, non-commercial testing, and limited personal lab use. The Freemium Edition may include technical, functional, capacity, user-access, concurrency, or other limitations determined by EVE-NG LTD from time to time. Such limitations may be displayed in the Software, published in product documentation, or otherwise communicated by EVE-NG LTD.
  8. The Freemium Edition may be used for personal learning, evaluation, non-commercial testing, limited personal labs, and independent public educational demonstrations, including free online videos, provided that such use is not part of, used to promote, support, deliver, demonstrate, or monetize any paid course, commercial training program, paid lab environment, subscription service, consulting service, hosted lab service, lab-as-a-service offering, customer demonstration, internal enterprise team lab, shared team environment, or other professional or revenue-generating activity.
  9. Any use of the Software in connection with paid training, commercial education, professional instruction, customer enablement, lab access, hosted labs, paid course platforms, bootcamps, subscriptions, or revenue-generating educational services requires an active EVE-NG Professional Edition license.
  10. EVE-NG LTD may modify, update, reduce, expand, remove, or replace the features, limits, restrictions, availability, eligibility, or permitted use of any free, Freemium, Community, evaluation, or limited-use edition at any time, with or without prior notice.
  11. “Software” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the Software.
  12. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Licensor and/or its licensors. Intellectual property rights include the look and feel of the Software. The graphical user interface (UI) and associated UI assets are proprietary and licensed, not sold. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
  13. The Software may be loaded onto no more than one computer.
  14. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
  15. The Software may not be modified, reverse-engineered, decompiled, disassembled, patched, bypassed, disabled, circumvented, or otherwise altered in any manner through current or future available technologies.
  16. The Licensee may not bypass, disable, modify, remove, circumvent, or attempt to defeat any licensing, license-validation, edition-control, access-control, user-limit, capacity-limit, concurrency-limit, feature-limit, or technical restriction mechanism included in the Software.
  17. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.

License Fee

  1. The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.

Limitation of Liability

  1. The Software is provided by the Licensor and accepted by the Licensee “AS IS”. Liability of the Licensor will be limited to a maximum of the original purchase price of the Software. The Licensor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
  2. The Licensor makes no warranty express or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
  3. The Licensor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Warranties and Representations

  1. The Licensor warrants and represents that it is the copyright holder of the Software. The Licensor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.

Acceptance

  1. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) upon purchase, download, installation, activation, access, or use of any version or edition of the Software, whichever occurs first.

User Support

  1. EVE-NG LTD provides live chat support at no additional cost. This support is offered at the sole discretion of EVE-NG LTD and is not guaranteed by this Agreement.
  2. The Licensee may be offered maintenance upgrades and bug fixes associated with EVE-NG Professional Edition during the active license period, subject to the edition purchased, the applicable license terms, and EVE-NG LTD’s support and maintenance policies.

Term

  1. The term of this Agreement will begin on Acceptance and is perpetual. For clarity, the Licensee’s right to use the Software during this term remains subject to holding a valid, active License as set out in this Agreement.

Termination

  1. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Licensor.

Force Majeure

  1. The Licensor will be free of liability to the Licensee where the Licensor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Licensor has taken any and all appropriate action to mitigate such an event.

Additional Clauses

  1. EVE-NG LTD will not be held liable for the misuse of any third party vendor’s intellectual property. By downloading, installing, or using any version or edition of EVE-NG, the Licensee agrees to obtain prior authorization from each associated vendor before using any of that vendor’s products or intellectual property on the EVE-NG Platform.
  2. EVE-NG Professional Edition license is exportable, but is tied to either one Virtual Machine instance or one physical computer. The re-hosted EVE-NG machine must have internet access to periodically validate the license.
  3. We have a no refund policy on the license. We do this because EVE-NG LTD may provide a free or limited-use edition, such as Freemium Edition, Community Edition, or another evaluation path, allowing users to test, evaluate, and determine whether the Software is suitable before purchasing a Professional Edition license.
  4. No refund is offered because we cannot guarantee that the software/license was actually removed from the system; we do this to fight fraudulent activity.

Governing Law

  1. The Parties to this Agreement submit to the jurisdiction of the courts of the United Kingdom for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the United Kingdom.

Miscellaneous

  1. This Agreement does not create or imply any relationship in agency or partnership between the Licensor and the Licensee.
  2. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
  3. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  4. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
  5. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Licensor‘s successors and assigns.

Notices

All notices to the Licensor under this Agreement are to be provided at the following email address:

info@eve-ng.net