![]() ![]() The term “Software” specifically excludes all Open Source Software provided with the Software. “ Software ” means collectively, any GitKraken software for which you are acquiring a license to which this EULA applies, including any Hosted Features (as defined below) and all versions related thereto, and associated media, printed materials, and online or electronic documentation. Multiple computers that share processing power or operate in a networked configuration as a single computer, such as a “server cluster,” or similar arrangement, shall constitute multiple Servers for the purpose of this EULA. ![]() “ Server ” means a single physical computer that is accessed or accessible by multiple client programs and/or users and are owned, leased, or controlled by you. “ Proof of License ” means the collective set of documentation from GitKraken evidencing your obligation to pay associated fees for the license, and/or the authorized scope of use of the Software under this EULA. GITKRAKEN OPEN SOURCE SOFTWARE LICENSE“ Open Source Software ” means any open source software, or any individual software components, that are licensed under the terms of various separate software license agreements. “ Control ,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. “ Affiliate ” means an entity controlled by or under common control with the subject entity. By licensing Software, you accept and agree to the EULA in effect at such time. Your licensing of Software is in accordance with the terms of the EULA in effect at the time of such licensing. ![]() GITKRAKEN OPEN SOURCE UPDATEWe may update this EULA from time to time and will provide you with the latest version by providing a notice to you in the Software. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA OR YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS EULA, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS EULA, AND THIS EULA EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY SOFTWARE THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF GITKRAKEN’S SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, USE, OR ACCESS THE SOFTWARE. BY CLICKING “I AGREE,” INSTALLING OR OTHERWISE USING OR ACCESSING THE SOFTWARE, YOU: (A) AGREE TO BE BOUND BY THE TERMS OF THIS EULA AND (B) REPRESENT AND WARRANT THAT (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AND (II) IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND BIND THEM TO THE TERMS OF THIS EULA. GITKRAKEN PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS EULA AND THE PROOF OF LICENSE AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. IMPORTANT – READ CAREFULLY: This End User License Agreement (“ EULA ”) is a legal agreement between you (either an individual or a single entity) and Axosoft, LLC DBA GitKraken (“ GitKraken ”) for any software and documentation that accompany this EULA. ![]()
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