<!--
  ~ Copyright (c) 2015, WSO2 Inc. (http://www.wso2.org) All Rights Reserved.
  ~
  ~  WSO2 Inc. licenses this file to you under the Apache License,
  ~  Version 2.0 (the "License"); you may not use this file except
  ~  in compliance with the License.
  ~  You may obtain a copy of the License at
  ~
  ~    http://www.apache.org/licenses/LICENSE-2.0
  ~
  ~ Unless required by applicable law or agreed to in writing,
  ~ software distributed under the License is distributed on an
  ~ "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
  ~ KIND, either express or implied.  See the License for the
  ~ specific language governing permissions and limitations
  ~ under the License.
  -->

<stratosEula xmlns="http://wso2.com/cloud/services/terms-of-use">
    <Header>End User License Agreement</Header>

    <EULA>
        WSO2 Cloud Services – Terms of Use
        ==================================

        A. Use of WSO2 Site and Services

        The terms and conditions setforth below ( “Terms”) govern your use of this site (“Site”) of WSO2 and the
        services available on this Site (“Services” ) and are legally binding on you. If you do not agree with any of
        these Terms , then you may not access the Site or use the Services on the Site. Your registration for, or use of
        this Site and /or the Services on the Site shall be deemed to be your acceptance of these Terms . If you are
        agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority
        to bind such entity to these Terms. You agree that WSO2 may make changes to these Terms at any time without
        prior notice. WSO2 will notify you of changes by posting updated versions on the Site. Your continued use of the
        Site and/or the Services shall be deemed to be your consent to such changes in the Terms. In addition, WSO2 may
        make changes to the Services at anytime.

        B. General User Conditions / Restrictions

        The Site features information, documents, trademarks, service marks and logos that are the property of WSO2
        and/or its subsidiaries, affiliates and partners. The Site may also include information, documents trademarks,
        service marks and logos of third parties. All of these trademarks, service marks and logos are the property of
        the respective owners and you agree not to use them in any manner without the prior written permission of the
        relevant owner.

        You will not take any action to circumvent the access control provisions of the Site and the Services. Such
        prohibited conduct includes, without limitation, any efforts to a) log into an account with a password not
        assigned to you, b) access identifiable information not intended for you, c) test the security measures on the
        Site and/or attempt to identify system vulnerabilities, d) attempt to disable the Site and/or the Services, or
        e) interfere with the access and use of the Site and/or the Services by any other user. Your continued use of
        the Site and the Services is conditional upon your compliance with the preceding restrictions and obligations.

        Without limiting the generality of the foregoing, you agree not to use the Site and the Services

        1. to abuse, harass, stalk, threaten, impersonate or intimidate the users of the Site and the Services;
        2. to post or transmit or cause to be posted or transmitted any text, user comments, messages, information,
        data, graphics, news articles, photographs, images, illustrations, software, video clips etc., that is false,
        infringing, discriminatory, hateful, abusive, libelous, defamatory, obscene, pornographic, vulgar, sexually
        oriented, threatening, offensive or is otherwise objectionable or violates any law or right of any third party;
        3. for any illegal or unauthorized purpose and if you are an international user, you agree to comply with any
        local laws regarding online conduct;
        4. to use the Site and/or the Services to violate any applicable law or regulation, including without
        limitation, the infringement of any copyright, trademark, trade secret or other intellectual property of others,
        or violate the privacy or publicity rights of any other person;
        5. to make any changes, additions and/or deletions to third party content posted by any user without the express
        written authorization of such user;
        6. to use any robot, spider, scraper or other automated means to access the Site for any purpose without the
        express written permission of WSO2;
        7. to take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately
        large burden on WSO2 infrastructure;
        8. to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the
        Site;
        9. to bypass any measures WSO2 may use to prevent or restrict access to the Site;
        10. collect information about other users of the Site and the Services for any purpose other than use of the
        Site and/or the Services as expressly permitted by these Terms of Use;
        11. to advertise to, or solicit, any user to buy or sell any products or services and to use the information
        obtained from the Services in order to contact, advertise to, solicit, or sell to any user without such user’s
        prior written consent;
        12. attempt to impersonate another user.

        The above list is not intended to be exhaustive.

        WSO2 , may, at its sole discretion, if it determines that any software and content posted by you or any third
        party is disruptive to the Site or Services or is inappropriate , remove such content and terminate the
        relationship with you, where such content has been posted by you. This does not however, impose on WSO2 any
        obligation to monitor or remove any third party content or other communication posted by you or any other user.
        You hereby acknowledge and agree that all third party content submitted by you or any other user express the
        views of the author and WSO2 will not be liable or held responsible for such content. Your access to the Site
        and Services is at your risk and WSO2 is not responsible for any offensive or otherwise objectionable materials
        that may be posted by a third party on the Site.

        You will be solely responsible for your interactions with other users of the Site. WSO2 reserves the right,
        without any obligation to do so, to monitor disputes between you and other users.

        C. Personal Content

        WSO2 hereby grants to you a non exclusive, non-transferable right to use the Site and Services for the term for
        which you have paid the applicable fees (“Term “) for your own purposes, subject to the terms of these Terms.You
        are responsible for all materials, whether publicly posted or privately transmitted, that you upload, any
        variations made to such material. You have the sole responsibility for the accuracy, quality, integrity,
        legality and reliability for the Personal Content. WSO2 will not, without your consent, disclose any of the
        Personal Content to any third party, except to those bona fide individuals whose access is necessary to enable
        WSO2 to perform its obligations under these Terms. Personal Content includes any additions and variations you
        may make thereto during the Term. On agreeing to these Terms, you warrant that you own or have sufficient legal
        rights to the intellectual property rights in the Personal Content , including its use by WSO2 does not violate
        any applicable law or the rights of any third party. You hereby grant WSO2, its partners, associates and
        affiliates a worldwide, irrevocable royalty free, non-exclusive right during the Term to use, reproduce,
        distribute, transfer, transmit, create derivative works of and publish the Personal Content for the purposes of
        (i)displaying the Personal Content on the Site and related sites, (ii) processing the Personal Content in
        connection with the provision of the Service, (iii) distribution of the Personal Content either electronically
        or via other media to your users seeking downloads, (iv) storing or hosting the Personal Content in a remote
        database or on the Site for access by your users.

        D. Intellectual Property rights and Privacy Policy

        WSO2 and/or its licensors own all rights, title and interests including all intellectual property rights in and
        to the Site and Services , software, materials and content (excluding the Personal Content) and all feedback,
        derivatives, suggestions, recommendations and all other information provided by you or any other users of the
        Site and Services.

        All information collected by WSO2 such as registration information is subject to the WSO2 Privacy Policy and all
        other applicable privacy laws. The WSO2 Privacy Policy may be viewed at
        http://wso2.com/cloud/services/privacy-policy/ and forms part and parcel of these Terms.

        You agree that any personal information that you may provide may be transferred by WSO2 within its global
        operations and processed and WSO2 will do so consistent with WSO2 privacy policy.You acknowledge and agree that
        WSO2 may require certain of the Services to be provided by its partners and that your contact information may be
        provided to such partners in order for them to provide the Services, and such partners may contact you directly
        regarding other service offerings and you. You may opt not to receive such other service offerings.

        WSO2′s agent for notice of copyright or other intellectual property infringement can be reached at
        By Mail: The Copyright Agent
        WSO2 Inc
        800, West El Camino Real
        Suite 180
        Mountain View, CA 94040
        USA
        By Phone : (+1) 408 754 7388
        By Fax: (+1) 617 314 6812

        E. Other User restrictions

        As a condition to using certain Services, WSO2 may require to set up a user name and password as set forth in
        the account registration procedure on the Site. You will provide WSO2 with true, accurate, current and complete
        information. You may not use anyone else’s password. You are solely responsible for maintaining the
        confidentiality of your account and password. You will promptly update your registration to keep it accurate,
        current and complete. You agree to immediately notify WSO2 of any unauthorized use of your password or accounts
        or any other breach of security. You also agree to sign out from your accounts at the end of each session. WSO2
        will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

        Where you are provided with a administrator user ID and password for accessing the Services, you will be
        required to assign it to your administrator. You will be responsible through your administrator, for authorizing
        and terminating individual user ID’s and passwords and setting and modifying your and your users profiles and
        preferences for the Services and specifying the access rights of the individual users to the Services. The
        administrator may change the administrator’s or a user’s ID by contacting WSO2.

        You will be responsible for all activity occurring under your accounts and will comply with all applicable
        local, state and foreign laws, treaties and regulations in connection with your use of the Services, including
        without limitation, laws and regulations governing data privacy, international communications and transmission
        of technical or personal data.

        The software and technology relating to the Site and the Services are the property of WSO2, its partners and
        affiliates. You agree not to copy, modify, lend, lease, distribute, reverse engineer, sell, assign or otherwise
        transfer any right to the software or technology. You agree not to modify the software in any manner or form or
        to use modified versions of such software for any purpose including the unauthorized access to the Site.

        F. Fees

        You agree to pay the applicable fees for the Services on the terms stated on the Site together with applicable
        taxes (if any).

        G. Termination of Services

        The Services you have registered for shall be automatically renewed for another Term unless you have notified
        WSO2 30 days prior to the end of the Term of your intention to terminate. Fees at the time of automatic renewal
        will be at the rates current at the time of such renewal.

        Notwithstanding the above, WSO2 reserves the right to terminate the Services and your account in the event of a

        1. breach of any of these Terms or non compliance with anyone of these Terms and failure to remedy such breach
        within 30 days of notification of such failure;
        2. failure to pay any applicable fees when due.

        Upon termination of the Services due to a breach or default on your part, WSO2 will have no obligation to refund
        to you any fees paid by you. Notwithstanding the above, in the event your access is terminated for whatever
        reason, WSO2 will make available a file with your data within 30 days of termination if you so request at the
        time of termination. In the event WSO2 ceases to operate the Services, pre-paid subscription fees, if any, for
        the remaining months where you no longer have access to the Services will be refunded to you.

        You may discontinue your use of the Services at any time. WSO2 reserves the right to terminate any account or
        Services at any time in its sole discretion, including a period of account inactivity. Termination will not
        relieve you from the obligation to pay fees unpaid.

        H. Indemnification

        You agree to defend, indemnify and hold harmless WSO2, its subsidiaries, affiliates, partners, officers, agents,
        suppliers and employees from and against any third party claim arising from or in connection with your use of
        the Site and/or the Services from all claims, liabilities, costs and expenses including litigation costs and
        attorneys fees.

        I. Disclaimer of Warranties

        You expressly acknowledge and agree that

        1. the Site and/or the Service may include certain errors and omissions;
        2. your use of the Site and/or the Services is at your sole risk and that you will be solely responsible for any
        damage to your computer system or loss of data including but not limited to the download of any material or
        patches, crashing of AMI etc., etc., ;
        3. the Services are provided on an “AS IS” and “AS AVAILABLE” basis, to the maximum extent permissible by law,
        WSO2 expressly disclaim all warranties and conditions of any kind, whether express or implied, including but not
        limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and
        non-infringement with respect to the Site or any of the content, Services, products, software or other material
        available through the Site;
        4. that WSO2 does not warrant that the Services will meet your requirements, will be uninterrupted, timely,
        secure or error free or reliable;
        5. any advice or information you have obtained from WSO2, whether written or oral, shall not create any warranty
        unless expressly stated in the Terms.

        J. Limitation of Liability

        To the maximum extent permitted by applicable law, neither WSO2 nor its subsidiaries, affiliates, partners and
        agents will be liable for any indirect, incidental, special, exemplary, punitive or consequential damages in
        connection with or arising out of the Services or the Site, even if advised of the possibility of such damages,
        including but not limited to, damages for loss of profits, goodwill, use or loss of data or other intangible
        losses.To the maximum extent permitted by law, WSO2 its subsidiaries, affiliates, partners and agents will not
        be liable for any damages that exceed the total amounts paid by you to WSO2 for the Services during the twelve
        month period immediately preceding the event giving rise to such claim.Some jurisdictions do not allow exclusion
        of implied warranties or limitation of liability for incidental or consequential damages, so the above
        limitations or exclusions may not apply to you. In such jurisdictions, WSO2’s liability and that of its
        subsidiaries, affiliates, partners, and and agents will be limited to the greatest extent permitted by law.

        K . Release

        If you have a dispute with one or more users, you hereby release WSO2, its subsidiaries, affiliates, partners,
        agents, officers and employees from claims, demands and damages (direct and consequential) of every kind and
        nature, known and unknown arising out of or in any way connected with such disputes. If you are a California
        resident or an entity incorporated in California, you waive the applicability of California Civil Code Section
        1542 which says “ A general release does not extend to claims which the creditor does not know or suspect to
        exist in his favour at the time of executing the release, which if known by him must have materially affected
        his settlement with the debtor. ”

        L. Arbitration

        Any dispute arising out of or relating these Terms or the Site will be finally settled by arbitration, except
        that WSO2 may bring an action in a court of competent jurisdiction with respect to any dispute affecting WSO2’s
        intellectual property rights whether statutory or contractual. The arbitration will be conducted in accordance
        with the commercial arbitration rules of the American Arbitration Association (Rules). Any such controversy or
        claim of will be arbitrated on an individual basis and will not be consolidated in any arbitration with any
        claim or controversy of any other party. The arbitration will be conducted in San Jose, California United
        States, and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. All
        arbitration proceedings will be conducted in English by a single arbitrator selected under the Rules who must be
        a lawyer and fluent in English. The arbitrator has no authority to award damages in excess of those permitted in
        these Terms for any reason. Any award in excess of such limitation will be deemed void as between the parties.
        Either you or WSO2 may seek any interim or preliminary relief from a court of competent jurisdiction in San
        Jose, California, necessary to protect the rights or the property of you or WSO2, its subsidiaries, affiliates,
        partners, officers, and agents, pending the completion of arbitration.

        M. Miscellaneous

        1. These Terms will be construed in accordance with the laws of the State of California, excluding its conflicts
        of law principles and the federal laws of the United States.
        2. WSO2 may be required by state or federal law to notify you of certain events. You hereby acknowledge and
        consent that such notices will be effective upon WSO2’s posting them on the Site or delivering them to you
        through e-mail. You may update your e-mail address by visiting the Services where you have provided contact
        information. If you do not provide WSO2 with accurate information, WSO2 cannot be held liable if WSO2 fails to
        notify you.
        3. These Terms and all terms, conditions and policies that are incorporated into these Terms by reference
        constitute the entire agreement between you and WSO2 and govern your use of the Site and Services, superceding
        any prior agreements that you may have had with WSO2.
        4. You may not use, import or export materials on the Site in violation of United States or any other applicable
        country’s import and export laws and regulations. WSO2 assumes no liability or responsibility for your failure
        to obtain any necessary export approvals.
        5. WSO2’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of
        such right or provision. These Terms and your right to use the Services may not be assigned by you without the
        prior written approval of WSO2.
        6. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, the
        invalid or unenforceable provision will be construed in accordance with applicable law as nearly as possible to
        reflect the original intentions of the parties and the intent of the original provision. Where a court is unable
        to construe any unenforceable or invalid provision to make it binding, such provision will be deleted and all
        other terms which remain valid and enforceable will survive and remain in full force and effect.


        WSO2 Cloud Services – Privacy Policy
        ====================================
        User Information

        At WSO2, we recognize that privacy is important. This privacy policy applies to the site and services offered by
        WSO2 at http://wso2.com/cloud/services

        We collect information from you when you register on our site. You may, however, visit our site anonymously.

        When registering, you may be asked to enter your name or email address. We also collect certain standard
        information that your browser sends to every website you visit, such as your IP address, browser type and
        language, access times and referring website addresses.

        The information we collect from you maybe used in one of the following ways:

        * To personalize your experience (your information helps us to better respond to your individual needs)
        * To improve our website (we continually strive to improve our website offerings on the feedback we receive from
        you)
        * To improve customer service (your information helps us to more effectively respond to your customer service
        requests and support needs)
        *
        * To process transactions – your information, whether public or private, will not be sold, exchanged,
        transferred or given to any other entity for any reason whatsoever without your consent, other than for the sole
        purpose of delivering the purchased service requested by you.
        * To send periodic emails- The email address you provide, maybe used to send you information and updates on the
        site and the services we provide and other information related to the services. You have the option to
        unsubscribe from receiving future emails as per the unsubscribe instructions provided at the bottom of each
        email.
        * To administer a contest, survey or other site feature.

        We do not sell, trade or otherwise transfer to outside parties your personally identifiable information. This
        does not include our subsidiaries, affiliates and partners who assist us in operating our website, conducting
        our business or servicing you, so long as those parties agree to keep this information confidential. We may also
        release your information when we believe release is appropriate to comply with the law, enforce our privacy
        policy or protect ours or others rights, property or safety. However, non personally identifiable visitor
        information maybe provided to third parties for marketing and advertising. We have also taken security measures
        to protect your information against loss, misuse or alteration.

        At our discretion, we may include or offer third party products or services on our site. These third party sites
        have separate and independent privacy policies. We have no responsibility or liability for the content and
        activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any
        feedback about these sites.

        We track and analyse your actions on our website such as navigation, number of visits, downloads, search items,
        etc to gain a better understanding of our visitors and their movements through the site.

        This privacy policy applies only to information collected through our website and not to information collected
        offline.

        Please also visit our Terms of Use section relating to use, disclaimers, indemnities and limitations of
        liability governing the use of our site and services at http://wso2.com/cloud/services/terms-of-use

        We reserve the right to amend this privacy policy at any time. We will not send individual email notifications
        on the updates. Any amendments will be posted on this page. You are therefore encouraged to visit this page
        periodically.

        By using our site, you consent to our privacy policy and any revisions thereto.

        If you have any questions regarding this privacy policy, you may contact us at http://wso2.com/cloud.


        Effective November 16th 2009

    </EULA>
</stratosEula>
