End User License Agreement- Anaconda® Commercial Edition

© 2015-2020, Anaconda, Inc.

All rights reserved under the 3-clause BSD License:

This End-User License Agreement (“EULA”) is a legal agreement between you (a single user of Anaconda® Commercial Edition) and Anaconda, Inc. (“Anaconda”) and governs your use of Anaconda® Commercial Edition. You agree that by purchasing Anaconda® Commercial Edition, clicking “Join Now”, “Sign Up” or similar or by registering, accessing or using Anaconda® Commercial Edition, you are agreeing to enter into a legally binding contract with Anaconda. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT, DOWNLOAD, INSTALL, USE OR COPY THE SOFTWARE.

Repository. Anaconda® Commercial Edition provides access to a repository of packages or tools which are licensed on an open source basis from third parties (including binary packages of these third party tools) (the “Repository”). These third party software packages or tools are provided on an “as is” basis and are subject to their respective license agreements as well as this Agreement and the Terms of Service (the “TOS”) for the Repository located at https://www.anaconda.com/legal. License agreements applicable to contents of the Repository may be accessed from within the Anaconda® Commercial Edition software or at https://www.anaconda.com/legal. Information regarding which license is applicable is available from within many of the third party software packages and tools and at https://repo.anaconda.com/pkgs/main/ and https://repo.anaconda.com/pkgs/r/. Anaconda reserves the right, in its sole discretion, to change which third party tools are included in the Repository accessible through Anaconda® Commercial Edition.

Grant of License. Subject to the terms of this Agreement, Anaconda hereby grants you a non-exclusive, non-transferable license to:

  • Use the Anaconda® Commercial Edition on a single workstation in either a commercial and non-commercial environment;
  • Access and use Anaconda’s the Repository for the sole purpose of internal development of software or models for commercial internal use and internal development of proprietary software packages or products that may be marketed commercially to its third parties;
  • Integrate the Repository with other third-party development tools for internal use by you;
  • Redistribute code files in source (if provided to you by Anaconda as source) and binary forms, with or without modification, subject to the requirements set forth below; and
  • Modify and create derivative works of sample source code delivered in Anaconda® Commercial Edition

When you purchase a license to Anaconda® Commercial Edition, a token will be provided which will allow access to and use of Anaconda® Commercial Edition. You cannot share this token or provide this token to another user. The license is solely to the individual user designated by you at the time of purchase.

You shall not transmit, transfer, disclose or otherwise provide the package Repository or any material portion of the package Repository, in any form or fashion whatsoever, to any third party or otherwise use the package Repository to create a competitive repository for use by third parties. You shall not use Anaconda® Commercial Edition or the Repository in connection with the provision of a service to any third party that is a substitute for some or all the functions or purpose of Anaconda® Commercial Edition or the Repository without the prior written consent of Anaconda. You shall comply with all laws, rules, and regulations applicable to your use of the contents of the Repository and as may be applicable to this Agreement.

Anaconda reserves all rights not expressly granted to you in this Agreement. Nothing in this Agreement shall be construed as a license to any other software of Anaconda except for the license to Anaconda® Commercial Edition as purchased by you.

Anaconda may, at its option, make available patches, workarounds or other updates to Anaconda® Commercial Edition. Unless the updates are provided with their separate governing terms, they are deemed part of Anaconda® Commercial Edition licensed to you as provided in this Agreement. This Agreement does not entitle you to any support for Anaconda® Commercial Edition, unless purchased separately.

Anaconda reserves all rights not expressly granted to you in this Agreement.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  • Neither the name of Anaconda nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

Proprietary Rights. You acknowledge that, as between you and Anaconda, Anaconda owns all right, title, and interest, including all intellectual property rights, in and to Anaconda® Commercial and, with respect to third-party products distributed with or through Anaconda® Commercial Edition, the applicable third-party licensors own all right, title and interest, including all intellectual property rights, in and to such products. Anaconda® Commercial Edition is copyright © 2020 Anaconda, Inc. All rights reserved. If you send or transmit any communications or materials to Anaconda suggesting or recommending changes to the software or documentation, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions or the like ("Feedback"), Anaconda is free to use such Feedback. You hereby assign to Anaconda all right, title, and interest in, and Anaconda is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Anaconda is not required to use any Feedback.

U.S. Government. Anaconda® Commercial Edition is commercial computer software developed solely at private expense. The rights of civilian and non-civilian agencies of the U.S. Government to use, disclose and reproduce the software are governed by the terms of this Agreement. Publisher is Anaconda, Inc., 815 Brazos St., Suite A #558, Austin, TX, 78701, USA.

Safeguards. You shall (i) use appropriate safeguards to protect the Repository, including the contents of the Repository, from misuse and unauthorized access or disclosure, including maintaining adequate physical controls and password protections for any server or system on which the Repository is stored or from which the Repository is accessed and (ii) take all measures reasonably necessary to prevent any use or disclosure of the Repository or its contents other than as allowed under this Agreement. You shall not (i) store the Repository on any mobile device (for example, a laptop, external drive or smartphone) or (ii) transmit the Repository or any of its contents electronically unless encrypted.

NO WARRANTIES; LIMITATIONS OF LIABILITY; INDEMNITY. THIS SOFTWARE IS PROVIDED BY ANACONDA AND ITS CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ANACONDA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANACONDA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF ANACONDA® COMMERCIAL EDITION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF ANACONDA AND ITS AFFILIATES UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED US$10.00.

YOU SHALL INDEMNIFY ANACONDA AGAINST ALL LOSSES AND EXPENSES ARISING OUT OF YOUR USE OF THE REPOSITORY OR THE PACKAGES OR TOOLS IT CONTAINS.

Termination. Anaconda may, at any time, terminate this Agreement and the license granted hereunder if you fail to comply with any term of this Agreement. Upon any termination of this Agreement, you agree to promptly discontinue use of the Anaconda® Commercial Edition and destroy all copies in your possession or control. Upon any termination of this Agreement all provisions (including provisions regarding the protection of proprietary information and limiting liability) survive except for the licenses (including access to the Repository) granted to you.

Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder by you must be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Travis County, Texas, and you irrevocably submit to the jurisdiction of such courts in any such suit, action, or proceeding. Anaconda may seek injunctive relief in any court to prevent imminent harm. If either party engages outside counsel to enforce this Agreement, and in any action or proceeding between the parties relating to this Agreement, the enforcing or prevailing party will be entitled to recover its reasonable attorneys’ fees. In the case of an action of proceeding and any appeal in connection therewith, such attorneys’ fees, as well as the prevailing party’s other costs and expenses, will be awarded in addition to any other relief awarded or granted.

Assignment. You may not assign this Agreement or any of the rights or obligations under this Agreement without Anaconda’s prior written consent.

Miscellaneous. This Agreement (along with the terms, including the TOS, incorporated herein by reference) represents the final expression of the parties' intent relating to the subject matter of this Agreement, contains the entire agreement between the parties relating to the subject matter, and replaces all of the parties' previous discussions, understandings, and agreements relating to the subject matter of this Agreement. Notwithstanding anything in this Agreement to the contrary, Anaconda may identify you as a customer of Anaconda in press releases, general advertising materials and other promotional materials, provided that Anaconda will include protective legends necessary to protect your rights in and to your trademarks, service marks, or copyrighted materials. If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions and such provision shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.

Notice of Third Party Software Licenses

In addition to the licenses applicable to the Repository available to you at http://docs.anaconda.com/anaconda/pkg-docs and https://repo.anaconda.com/pkgs/main/, the following terms are applicable to certain contents of the Repository: Intel® Math Kernel Library

Anaconda® Commercial Edition provides access to re-distributable, run-time, shared-library files from the Intel® Math Kernel Library (“MKL binaries”).

Copyright © 2018 Intel Corporation. License available at https://software.intel.com/en-us/license/intel-simplified-software-license (the “MKL License”).

You may use and redistribute the MKL binaries, without modification, provided the following conditions are met:

  • Redistributions must reproduce the above copyright notice and the following terms of use in the MKL binaries and in the documentation and/or other materials provided with the distribution.
  • Neither the name of Intel nor the names of its suppliers may be used to endorse or promote products derived from the MKL binaries without specific prior written permission.
  • No reverse engineering, decompilation, or disassembly of the MKL binaries is permitted.

You are specifically authorized to use and redistribute the MKL binaries with your installation of Anaconda® Commercial Edition subject to the terms set forth in the MKL License. You are also authorized to redistribute the MKL binaries with Anaconda® Commercial l Edition or in the Anaconda® package that contains the MKL binaries. If needed, instructions for removing the MKL binaries after installation of Anaconda® Commercial Edition are available at https://docs.anaconda.com.

cuDNN Software

Anaconda® Commercial Edition also provides access to cuDNN™ software binaries (“cuDNN binaries”) from NVIDIA® Corporation. You are specifically authorized to use the cuDNN binaries with your installation of Anaconda® Commercial Edition subject to your compliance with the license agreement located at https://docs.nvidia.com/deeplearning/sdk/cudnn-sla/index.html. You are also authorized to redistribute the cuDNN binaries with an Anaconda® Commercial Edition package that contains the cuDNN binaries. You can add or remove the cuDNN binaries utilizing the install and uninstall features in Anaconda® Commercial Edition.

cuDNN binaries contain source code provided by NVIDIA Corporation.

Export; Cryptography Notice

You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. Anaconda® Commercial Edition includes cryptographic software. The country in which you currently reside may have restrictions on the import, possession, use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check your country’s laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted. See the Wassenaar Arrangement http://www.wassenaar.org/ for more information.

Anaconda has self-classified this software as Export Commodity Control Number (ECCN) 5D992.c, which includes mass market information security software using or performing cryptographic functions with asymmetric algorithms. No license is required for export of this software to non-embargoed countries.

The Intel® Math Kernel Library contained in Anaconda® Commercial Edition is classified by Intel® as ECCN 5D992.c with no license required for export to non-embargoed countries.

The following packages are included in the repository accessible through Anaconda® Commercial Edition that relate to cryptography:

  • openssl: The OpenSSL Project is a collaborative effort to develop a robust, commercial-grade, full-featured, and Open Source toolkit implementing the Transport Layer Security (TLS) and Secure Sockets Layer (SSL) protocols as well as a full strength general purpose cryptography library.
  • pycrypto: A collection of both secure hash functions (such as SHA256 and RIPEMD160), and various encryption algorithms (AES, DES, RSA, ElGamal, etc.).
  • pyopenssl: A thin Python wrapper around (a subset of) the OpenSSL library.
  • kerberos: (krb5, non-Windows platforms) A network authentication protocol designed to provide strong authentication for client/server applications by using secret-key cryptography.
  • cryptography: A Python library which exposes cryptographic recipes and primitives.
  • pycryptodome: A fork of PyCrypto. It is a self-contained Python package of low-level cryptographic primitives. (https://pycryptodome.readthedocs.io/en/latest/src/introduction.html)
  • pycryptodomex: A stand-alone version of pycryptodome.
  • libsodium: A software library for encryption, decryption, signatures, password hashing and more.
  • pynacl: A Python binding to the Networking and Cryptography library, a crypto library with the stated goal of improving usability, security and speed.

Last updated September 29, 2020

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