OPCOMPASS™ OPSCOMPASS API JAVASCRIPT CLIENT
LICENSE AGREEMENT

IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS TOOL, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL, OR USE THE TOOL.

1. PARTIES
(a) "Licensor" means OpsCompass, Inc., having its principal place of business at 11422 Miracle Hills Dr #300, Omaha, NE 68154.
(b) "Licensee" means an individual or a legal entity entering into and exercising rights under this Agreement or future versions thereof. Licensee is also referred to herein as "You".

2. DEFINITIONS
"Tool" means the software program known as the OpsCompass™ OpsCompass API JavaScript Client in its delivered form, including its source code and documentation (if any).

3. OWNERSHIP
The Tool is the property of Licensor. The Tool is licensed, not sold. Title and copyrights to the Tool, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Tool regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor.

4. GRANT OF LICENSE
Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, perpetual license to install and use the Tool in accordance with the Tool documentation and pursuant to the terms and conditions of this Agreement.

5. FEEDBACK
Licensee may, but is not obligated to, provide to Licensor or its subsidiaries suggestions, comments and feedback regarding the Tool, including but not limited to usability, bug reports and test results (collectively, "Feedback"). All right, title, and interest in the Feedback shall belong to Licensor for its unlimited use and Licensee agrees to perform any reasonable tasks necessary to document Licensor’s ownership in the same.

6. NO WARRANTY
THE TOOL IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS AFFILIATES, SUPPLIERS, AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE TOOL, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

7. DISCLAIMER OF DAMAGES
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF THE TOOL, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF THE USE OR INABILITY TO USE THE TOOL, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE TOOL UNDER THIS AGREEMENT OR FIVE (5) USD, WHICHEVER IS GREATER.

8. GENERAL
(a) Licensor reserves the right at any time to cease the support of the Tool and to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Tool.
(b) This Agreement constitutes the entire agreement between the parties concerning Licensee's use of the Tool, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Tool. 
(c) This Agreement will be governed by the laws of Nebraska, in the United States, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, the state, local, and federal courts located in Douglas County, Nebraska.
