Public Artifacts End-User License Agreement (EULA)
1. Acceptance of Terms
This End-User License greement (the “Agreement“) is entered into between MEMORITY SAS, a French Société par Actions Simplifiée (SAS) registered under SIREN 920 613 478, is located at 11-13 Cours Valmy, 92800 Puteaux (hereinafter referred to as “Memority “) and any individual or entity using Memority’s public artifacts (hereinafter referred to as the “User“). By using the Memority public artifacts, the User acknowledges having read, understood, and accepted the terms and conditions of this Agreement.
2. Purpose of the Agreement
This Agreement governs the use of Memority’s public artifacts, which include but are not limited to Java libraries, documentation, and technical files (hereinafter referred to as “the Artifacts“). The Artifacts are provided to the User free of charge and are intended for use by Memority’s partner integrators and/or clients.
The Artifacts serve a specific intended use and primary purpose, which are as follows:
1.1 Intended Use. The Artifacts are intended to be made available to Memority’s partner integrators and clients. These resources are crafted for utilization within the scope of their responsibilities related to configuring Memority client instances.
1.2 Primary Purpose. The primary purpose of the Artifacts encompasses two key objectives:
a. Facilitating Advanced Configuration. The Artifacts are tools specifically designed to streamline the efforts of partner integrators when crafting intricate configuration files for advanced customization of Memority. These configuration files may encompass a wide range of aspects governing Memority’s functionality.
b. Promoting Structured Repositories. Additionally, the Artifacts shall also encourage Memority’s patners to establish and maintain well-organized repositories for their configuration files. This aims to promote efficiency and consistency in managing configuration files across various projects.
3. License and Intellectual Property
3.1 License Grant. Memority grants the User a non-exclusive, non-transferable, and revocable license to use Memority’s public artifacts, including but not limited to Java libraries, documentation, and technical files (hereinafter referred to as “the Artifacts“), in accordance with the terms and conditions of this Agreement.
3.2 Use Limitation Clause. The User acknowledges and agrees that the license granted herein for the use of the Memority package shall not extend to or influence in any way the files developed by the User for automation/configuration purposes using the Memority package. These files shall not be subject to a license of the GPL (General Public License) type or any similar open-source license. Any use of the Memority package to create such files must not impose the terms and conditions of the GPL or similar licenses on said files.
3.3 Intellectual Property. The User acknowledges and agrees that this Agreement and the aforementioned license do not confer any ownership or intellectual property rights over the Memority platform, including but not limited to its software, architecture, and any other elements that constitute the Memority platform.
3.4 Exclusive Property of Memority. The Memority platform is the exclusive property of Memority, and this Agreement does not grant the User any rights to the Memority platform, its underlying technology, or any related intellectual property.
4. Usage Requirements and Restrictions
To effectively utilize the Artifacts, certain requirements and restrictions apply. These are essential for the proper use of the Artifacts in the context of integration projects related to Memority client instances.
4.1. Access to Memority. To access and use the Artifacts, the User must have a valid online instance of Memority, often referred to as a “tenant account,” provided by Memority to its partner integrators and/or integrator clients. This online Memority instance serves as a foundational platform for deploying and managing configurations. Access to this instance is fundamental to ensuring that the Artifacts can be employed effectively within these projects.
4.2. Context of use. The User is only permitted to use the Artifacts within the intended context, which is the integration project of a Memority client instance subscribed by their company or the company for which they provide integration services for Memority.
4.3. Redistribution. It is strictly prohibited for the User to redistribute the Artifacts outside of their company, even without making any modifications.
4.4. No Modification and Redistribution. The User is explicitly prohibited from modifying the Artifacts and redistributing them outside of their company under their own branding.
5. Commercial Use
If the User wishes to distribute and/or commercialize components or automations they have developed with the assistance of the Memority package, they are free to do so, subject to the following conditions:
5.1. Distribution and Commercialization
The User may distribute and commercialize the components they have developed. However, it is prohibited to include the Memority package with these components.
5.2. Dependency on Original Memority Package
Users of the Artifacts developed by the User must download the original Memority Artifacts as a dependency from a repository that is officially sanctioned by Memority. The list of official public repositories for Memority Artifacts can be found at https://www.memority.eu/licenses/MY-PUBLIC-REPOSITORIES.html/. This assumes that these users have themselves obtained access to a Memority client instance from Memority.
6. Security and Access Rights Management
6.1. Security Responsibility. The User acknowledges that the use of Memority’s Artifacts within their Memority integration projects carries a responsibility to maintain a high level of security for data and access rights management.
6.2. Integration with Security Policies. The User is expressly warned that they must integrate Memority’s solution in a manner that aligns with their organization’s security policies and applicable data protection, privacy, and access rights regulations.
6.3. Security Measures. The User is responsible for implementing adequate security measures to ensure that the use of the Artifacts complies with their organization’s security policies and data protection laws.
6.4. Best Practices. The User is encouraged to adopt best practices for information security and collaborate with their organization’s security departments to ensure secure utilization of the Artifacts.
6.5. Compliance with Regulations. Compliance with data protection regulations, access rights management, and information security is of utmost importance for data protection and privacy. The User is responsible for ensuring that the integration of Memority complies with these requirements.
7. Disclaimer of Warranty
7.1. No Warranty. The Artifacts are provided “as is” and without warranty of any kind. Memority makes no representations or warranties regarding the accuracy, completeness, or fitness for a particular purpose of the Artifacts.
7.2. Use at Your Own Risk. The User acknowledges that the Artifacts are made available at no cost and with no warranties. The use of these Artifacts is at the sole risk of the User. The purpose of the Artifacts is to assist in configuring Memority client instances, as specified in this Agreement, and to encourage structured repositories of configuration files. However, Memority does not warrant that the Artifacts will be error-free, complete, or suitable for the User’s specific needs.
7.3. No Liability. In no event shall Memority be liable for any damages, including but not limited to direct, indirect, special, incidental, or consequential damages, or other losses arising out of the use or inability to use the Artifacts.
7.4. No Support. Memority does not provide support or maintenance services for the Artifacts. The User is responsible for their own use, implementation, and support of the Artifacts.
8. Governing Law and Dispute Resolution
8.1. Governing Law. This Agreement is governed by the laws of France.
8.2. Exclusive Jurisdiction. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the French courts.