Means, (a) where you have ordered the Software directly from the Flexiant, the fees payable by you to Flexiant in accordance with the relevant Licensee Order Form or (b) where you have ordered the Software via a Registered Reseller, the fees payable by the Reseller to Flexiant, in accordance with the relevant Reseller Order Form
Means all patents, copyrights and related rights, database rights, design rights, trademarks, service marks, trade names, domain names, rights in reputation, and other rights of a like nature (whether registered or unregistered) and all applications for such rights as may exist anywhere in the world Means a single deployment instance of one of the Edition, each with a single management stack and single logic database
Means the maximum number of Cores on which you are entitled to install the Software in any one month, as set out in the Agreed Order Form In relation to any Party, means that Party and its subsidiaries and holding companies and any subsidiaries of any such holding companies as the same vary from time to time and “subsidiary” and “holding company” will have the meanings given to them by s1159 Companies Act 2006 Has the meaning given to the term at clause 14.1
Means the edition of the Software available for download from Flexiant’s website, for use on a trial basis, subject to the terms of this Licence Means the right for you to have the Software configured on one Core for the period of one month Means a microprocessor or component of a microprocessor capable of executing instructions, owned or under your control Means a set of compute nodes (each of which may or may not have a different hypervisor or be located in a different geographic location), owned or under your control Means the model set out in schedule 1 of this Licence ĩ am to 5 pm, UK Local time, Monday to Friday excluding English public holidays Means the number of Core Months available for use by you during a relevant month, being the total number of Core Months purchased less any Core Months used in each preceding month, all as determined in accordance with the Banked Core Month Model Means (a) the Inclusive Cores (b) where the Banked Core Month Model is being utilised in accordance with an Agreed Order Form and the agreement of which it forms part, the Available Core Months or, (c) where the Software is the Evaluation Edition, twenty four (24) Cores Means the number of Clusters specified in the Agreed Order Form as the maximum number of Clusters on which you can install the Software, or where the Software is the Evaluation Edition, one (1) Cluster Means an amount calculated by charging five pounds sterling (£5) for each Core per month on which the Software is installed, for the first twelve (12) months of the term of this Licence Means: (a) where you have ordered the Software directly from Flexiant, the Licensee Order Form or (b) where you have ordered the Software via a Registered Reseller, the Reseller Order Form, where such form relates to the Instance of the Software to which this Licence applies In this Licence (except where the context otherwise requires) the following words and expressions shall have the following meanings: “Agreed Order Form”
You should print a copy of this Licence for future reference. In this case you must delete any Software already downloaded and return or destroy any accompanying Documentation in your possession. If you do not agree to the terms of this Licence, we will not licence the Software and Documentation to you and, if you have commenced with the installation of the Software, you must discontinue the installation process now. Operating System Requirements: in order to operate the Software, the equipment and hardware on which you intend to install it must comply with the minimum hardware specification as set out on our website or within the Documentation.īy installing the Software OR clicking on the “Accept” button below, you agree to the terms of this Licence which will bind you (including any legal entity that has obtained the Software and on whose behalf it is used). We remain the owners of the Software and Documentation at all times.
We do not sell the Software or Documentation to you. We licence use of the Software and Documentation to you on the basis of this Licence. This licence agreement (“Licence”) is a legal agreement between you (“Licensee” or “you”) and Flexiant Limited (Company Number 07081795) with registered office at One Portland Place, London, W1B 1PN, United Kingdom (“Flexiant”, “us” or “we”) for the computer software product, Flexiant Cloud Orchestrator (“Software”) and the online documentation relating to such Software, for aiding your use of it (“Documentation”).