This Terms of Use Agreement was last updated on February 28, 2012.
 
ActiveState's Stackato Sandbox (& Client Software) Terms of Use Agreement.
 
Thank you for using the ActiveState Stackato Sandbox and Client Software. By using the ActiveState Stackato Sandbox, Client Software, and any related software (collectively the “Stackato Sandbox” ), you ("You" and or "Your") accept and agree to be bound by the following terms and conditions (the "Agreement") subject to the Stackato Client License Agreement accepted prior to download of the Client Software. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED ANY RIGHTS TO USE STACKATO.

The Agreement is between (a) You and (b) ActiveState Software Inc., a British Columbia Corporation (“ActiveState”).

ActiveState may revise this Agreement at any time. ActiveState recommends that You review the Agreement on a regular basis.  You understand and agree that Your continued use of Stackato after the Agreement has been revised constitutes Your acceptance of the Agreement as revised.

Limitations of Stackato.
You acknowledge that the Stackato Sandbox is being provided in “Trial” form, and on an “AS IS” and “AS AVAILABLE” basis for the sole purpose of Your evaluation of the Stackato Sandbox and providing ActiveState with feedback regarding Your Stackato Sandbox user experience. The Stackato Sandbox may contain errors or inaccuracies that could cause failures, including but not limited to data corruption or loss of data from the Stackato Sandbox and from peripherals (including, without limitation, servers and computers) connected thereto. In addition, ActiveState is not obligated to provide any maintenance, technical or other support for the Stackato Sandbox. You are responsible for backing up, to Your own computer or other device, any data that You store or access via the Stackato Sandbox. Any research or development that You perform utilizing the Stackato Sandbox or any product associated with the Stackato Sandbox is done entirely at Your own risk.

Changing the Stackato Sandbox. 
ActiveState reserves the right to modify the Stackato Sandbox (or any part thereof), either temporarily or permanently, at any time without prior notice to You. You agree that ActiveState shall not be liable to You or any third party for any modification, suspension or sunset of the Stackato Sandbox. You acknowledge that ActiveState has no express or implied obligation to provide, or continue to provide, the Stackato Sandbox, or any part thereof, now or in the future.
Prohibited Uses of the Stackato Sandbox.
You agree not to reproduce, copy, duplicate, sell, resell, rent or trade the Stackato Sandbox (or any part thereof) for any purpose. Your use of the Stackato Sandbox must be in accordance with the documentation provided by ActiveState. You agree that You are responsible for Your conduct and content while using the Stackato Sandbox and for any consequences thereof. You agree to use the Stackato Sandbox only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines. You further agree to comply with Your own local laws regarding online conduct and acceptable content.
Use of the Stackato Sandbox.
 
a. User Accounts. The Sandbox is accessed via individual user accounts ("User Account"). User Accounts are for designated users and cannot be shared or used by more than one user. You are responsible for all activity that takes place on Your User Account. You agree that You are responsible for keeping Your password confidential and secure, and further understand that You are solely responsible and liable for any activities that occur under Your User Account and for any harm that You may cause to the Sandbox.
 
b. Prohibited Uses of Sandbox. Nothing in this Section prevents You from creating Your own service with different terms and conditions. You may not access the Sandbox for the purpose of monitoring its availability, performance and functionality, or for any other benchmarking or competitive purposes. You agree that when using the Sandbox, You will not, and will not permit Your users to:
(i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(ii) upload, post, email, transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
(iii) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You (or the user posting the content) are the owner of the rights or have the permission of the owner to post such content;
(iv) upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by applicable law, this Agreement, or any applicable policies or guidelines.
(v) distribute any file posted by another that You know, or reasonably should know, cannot be legally distributed in such manner;
(vi) impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
(vii) restrict or inhibit any other user from using and enjoying the Sandbox;
(viii) use the Sandbox for any illegal or unauthorized purpose;
(ix) remove any copyright, trademark or other proprietary rights notices contained in or on the Sandbox;
(x) interfere with or disrupt the Sandbox or servers or networks connected to the Sandbox, or disobey any requirements, procedures, policies or regulations of networks connected to the Sandbox;
(xi) create User Accounts by automated means or under false or fraudulent pretenses;
(xii) promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
(xiii) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature.

c. Revocation. ActiveState reserves the right to revoke a user generated name or account anytime, without notice, for any reason, including if the name or account is being used to abuse the Sandbox, confuse or mislead users, is offensive or is not consistent with the terms of this Agreement.

 
d.  Sandbox Rules and User Account Limits. 
(i) You are permitted to use the Sandbox at no charge for the period stated when granted access at the time you register an account with ActiveState and from the date You receive an automated email notification activating Your Sandbox User Account (the "Trial Period").  After the Trial Period, Your Stackato Sandbox containers will be deleted entirely, without notice, and will not be restored. 
(ii) You are not permitted to launch a production application or service using the Sandbox.  The Stackato Sandbox is provided exclusively as a means for You to evaluate Stackato in a hosted environment rather than setting up Your own environment using the Stackato virtual machine.
(iii) You will not be provided with any custom URLs, all applications launched will resolve to a *.sandbox.activestate.com URL.
(iv) Upon activating Your User Account You will be provided with up to:
  • Application Memory: 256 MB
  • Disk space: 10 GB
  • Bandwidth (per month): 50 GB
(v) Your Stackato Sandbox use will be limited to, subject to change without notice:
  • 2 applications (Python, Perl, Ruby, Node.js, or other languages as supported in the Sandbox)
  • 2 services which represent a given database, such as MySQL, MongoDB, Redis, or Postgres. Further database services would default to 100 MB of disk
  • 2 instances of either of the permitted applications
(vi) Access to the Stackato Sandbox is subject to space availability and is granted by invitation only.

The above Stackato Sandbox Rules and User Account Limits may change at anytime without notice.

Open Source Software.
The Stackato Sandbox includes open source software components, each of which is licensed to You under its own applicable license terms and conditions, which You will find in the license file or in the corresponding source files for each software component.

 
Proprietary Rights.
a. Reservation of Rights. Subject to the limited rights expressly granted hereunder, ActiveState reserves all right, title and interest in and to the Stackato Sandbox, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.

b. Restrictions. You shall not (i) create derivate works based on the Stackato Sandbox, (ii) copy, frame or mirror any part or content of the Stackato Sandbox, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes, (iii) reverse engineer the Stackato Sandbox, or (iv) access the Stackato Sandbox in order to (a) build a competitive product, or (b) copy any features, functions or graphics of the Stackato Sandbox.

c. Your Applications and Code. If You create online applications or program code using the Sandbox, You authorize ActiveState to host, copy, transmit, display and adapt such applications and program code, only as required for ActiveState to provide the Sandbox in accordance with this Agreement. Subject to this Agreement, ActiveState acquires no right, title or interest from You or Your licensors under this Agreement in or to such applications or program code, including any intellectual property rights therein.

d. Restrictions. You shall not (i) permit any third party to access the Sandbox or (ii) frame or mirror any third party content of the Sandbox, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes.

e. Ownership of Your Data. As between ActiveState and You, You retain exclusive right, title and interest in and to all of Your data. You are solely responsible for the accuracy, quality, integrity and legality of Your data and for the means by which You acquired Your data.

f. Suggestions.  As part of using the Stackato Sandbox, You may provide comments, suggestions and other feedback regarding Your use of the Stackato Sandbox. If you provide such feedback You agree that ActiveState will be free to use any feedback You provide for any purpose and that ActiveState shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use, and exploit without restriction, any suggestions, enhancement requests, recommendations or other feedback provided by You.

 
Indemnity.
You agree to hold harmless and indemnify ActiveState, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to Your use of the Stackato Sandbox or Your violation of this Agreement, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, ActiveState will provide You with written notice of such claim, suit or action.

Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. ACTIVESTATE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACTIVESTATE MAKES NO WARRANTY THAT (i) THE STACKATO SANDBOX WILL MEET YOUR REQUIREMENTS, (ii) STACKATO WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STACKATO SANDBOX WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH STACKATO WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN STACKATO WILL BE CORRECTED.

b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE STACKATO SANDBOX IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTIVESTATE OR THROUGH OR FROM STACKATO SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT ACTIVESTATE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE STACKATO SANDBOX; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS, DATA, INFORMATION OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE STACKATO SANDBOX; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON STACKATO SANDBOX; OR (v) ANY OTHER MATTER RELATING TO THE STACKATO SANDBOX.

Exclusions and Limitations.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Term and Termination.

a. Term and Termination. The term of this Agreement shall commence immediately upon Your acceptance and shall continue in force thereafter until the expiration of the Trial Period.  Additionally, either party may terminate this Agreement at any time for any reason by providing the other party written notice thereof.

b. Survival. In the event of any termination or expiration of the Agreement for any reason, Sections titled, "Proprietary Rights", "Indemnity", Disclaimers and Warranty", "Limitation of Liability", "Exclusions and Limitations", "Term and Termination", "Confidentiality" and "General Information" shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting from termination of this Agreement in accordance with its terms.

Confidentiality.
Confidential Information. "Confidential Information" shall mean all trade secrets, know-how, inventions, techniques, processes, algorithms, software programs, hardware, schematics, planned product features, functionality, performance and software source documents relating to the ActiveState Stackato Sandbox, and other information provided by ActiveState, whether disclosed orally, in writing, or by examination or inspection, other than information which You can demonstrate (i) was already known to You, other than under an obligation of confidentiality, at the time of disclosure; (ii) was generally available in the public domain at the time of disclosure to You; (iii) became generally available in the public domain after disclosure other than through any act or omission of You; (iv) was subsequently lawfully disclosed to You by a third party without any obligation of confidentiality; or (v) was independently developed by You without use of or reference to any information or materials disclosed by ActiveState or its suppliers. You shall not use any Confidential Information for any purpose other than as expressly authorized under this Agreement. In no event shall You disclose any Confidential Information to any third party. Without limiting the foregoing, You shall use at least the same degree of care that You use to prevent the disclosure of Your own confidential information of like importance, but in no event less than reasonable care, to prevent the disclosure of such Confidential Information.

General Information.
a. Choice of Law and Forum. The Agreement and the relationship between You and ActiveState shall be governed by the laws of the British Columbia without regard to its conflict of law provisions. You and ActiveState agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.

b. Waiver and Severability of Terms. The failure of ActiveState to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

c. Export Compliance. You agree to comply with all export laws and restrictions and regulations of Canada, the United States or foreign agencies or authorities, and not to export or re-export the Stackato Sandbox in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Stackato Sandbox from Canada or the U.S. Neither the Stackato Sandbox nor the underlying information or technology may be electronically transmitted or otherwise exported or re-exported (i) into Belarus, Myanmar (Burma), Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to Canada or U.S. trade sanctions covering the software, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on Canada’s Area Control List of the Export and Import Permits Act, or; (iii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Stackato Sandbox, You agree to the foregoing and represent and warrant that You  comply with these conditions.

d. Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between ActiveState and You.

e. Limitations Period. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Stackato Sandbox or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

f. Headings. The section headings in the Agreement are for convenience only and have no legal or contractual effect.

g. Product Reference and Publicity Rights.  You agree, upon request and with reasonable notice from ActiveState, to act in the capacity of a reference, discussing ActiveState’s Stackato Sandbox utilized and received by You, with potential ActiveState’s resellers or business partners (the “Product Reference”).  Notwithstanding this Product Reference You grant ActiveState the right to include Your name and or company name and logo as a customer in product promotional material. Further You hereby grant to ActiveState a nontransferable, nonexclusive license to use Your trademark to advertise that You are using the Stackato Sandbox. You can deny ActiveState this right at any time by submitting a written request via email to marcom [at] activestate [dot] com, requesting to be excluded from product promotional material.

h.  Notifications and Opting Out.  By accessing the ActiveState Stackato Sandbox and related websites, You authorize ActiveState to contact You with relevant email offers and updates. To unsubscribe from all ActiveState email updates, click unsubscribe at the bottom of the next email You receive from ActiveState, or send Your email address to unsubscribe [at] activestate [dot] com. Please be aware that You agree You may not opt out of receiving information regarding the expiration of our products or services.

i. Trademarks.  Any trademarks, logos and ActiveState marks displayed on this website are the property of their owners, whether ActiveState or third parties.

j. Entire Agreement. This Agreement and the documents referenced herein constitute the entire agreement between You and ActiveState and govern Your use of the Stackato Sandbox, superseding any prior agreements between You and ActiveState.