LabKey grants to you a non-exclusive, non-transferable license to the Community Edition of the LabKey Server Platform (the “LabKey Software”) under terms of the Apache Software License Version 2.0 set forth at the end of these Terms and at http://www.apache.org/licenses/LICENSE-2.0. LabKey does not provide any development support or technical support for the Community Edition of the LabKey Software.
You agree and acknowledge that LabKey will collect machine data generated by your use of the LabKey Software, which is used by LabKey to operate and manage the LabKey Software and any related services, or to debug the LabKey Software (collectively, “Telemetry Data”). You further agree and acknowledge that LabKey may collect and use your and your users’ LabKey Software usage history, statistics and Telemetry Data (collectively, “Enhancement Data”) for LabKey’s internal analytical purposes related to its provision of the LabKey Software, including to monitor, improve, enhance, and perform issue mitigation with respect to, the LabKey Software. Enhancement Data will be collected electronically and automatically. Enhancement Data include, but are not limited to, the amount of data scanned and moved, performance characteristics, and administrative user actions. LabKey may make information derived from its analysis of Enhancement Data publicly available on an aggregated and anonymized basis, provided that such information does not contain any of your data. For the sake of clarity, aggregated and anonymized data are not your confidential information.
THE LABKEY SOFTWARE IS PROVIDED TO YOU ON AN “AS IS” BASIS AND LABKEY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN PARTICULAR, LABKEY DOES NOT WARRANT OR REPRESENT THAT THE LABKEY SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE LABKEY SOFTWARE ARE CORRECTABLE OR WILL BE CORRECTED AND LABKEY IS NOT RESPONSIBLE FOR ANY DAMAGE TO, OR LOSS OR SECURITY OF, ANY PROGRAMS OR DATA STORED ON, OR ACCESSED OR USED IN CONNECTION WITH, THE LABKEY SOFTWARE.
THE TOTAL LIABILITY OF LABKEY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $500 AND (B) THE TOTAL AMOUNT PAID BY YOU TO LABKEY PURSUANT TO THESE TERMS. IN NO EVENT WILL LABKEY HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.
These Terms are governed by the laws of the State of Washington, excluding its conflict of laws provisions. Any dispute arising under, in connection with, or incident to these Terms or concerning their interpretation will be resolved exclusively in the state or federal courts located in King County, Washington, and each of the parties hereby irrevocably consents to such jurisdiction.