Buddha Labs Image End User License Agreement (EULA)

The usage is of Buddha Labs’ Images is covered under the standard Amazon Web Services (AWS) terms and conditions.

Buddha Labs LLC. (Buddha Labs), a company registered in the State of California USA, and the entity or individual identified in the purchase of which this Agreement is a part (the “End User”).

End User shall comply with all applicable software licenses, including without limitation licenses for Images provided by Buddha Labs in the provision of the Services on AWS. The Products are protected by copyright and other intellectual property laws and by international treaties. The End User acknowledge and agree that we are not acquiring title or intellectual property rights in the Products and that full title and all ownership rights to the Products will remain property of Buddha Labs.

End User Responsibilities:  End User may use the Services only in connection with the End User Instance and only during the Term.  End User shall not use the Services to manage additional or different equipment or instances without the prior written consent of Buddha Labs.  End User shall not re-brand, re-sell, and/or modify and resell the Products without written consent of Buddha Labs.
End User may not resell the Services. Where any information or action on the part of the End User or its representatives is required by the Buddha Labs to enable Buddha Labs to provide the Services, End User and/or its representatives shall, at its own expense, provide such information and assistance (including access to End User’s Personnel) in a timely manner.  End User shall be responsible for ensuring back-up of all data and software and Buddha Labs shall not be liable for any security breach or loss of data or software or corruption to or damage of data or software.

Service Specific Terms:  With respect to Services which include access to online services provided by Buddha Labs such as Buddha Labs support portal, the End User shall not: allow any unauthorized access to the Services; or tamper with the Services or insert any data or information into the Services, which may affect the Services, cause any damage to Buddha Labs or third parties, or be unlawful. End User shall provide Buddha Labs with contact information for End User’s technical contact and region information. Buddha Labs may monitor End User’s connections to online service elements of the Services.

Termination and Return of Products: Buddha Labs may terminate End User’s license to use the Products at any time with or without cause.  These Terms of Service and End User’s license to use the products will automatically terminate upon termination of the Amazon Machine Image utilizing the Products.  Upon termination, End User shall immediately discontinue use of, uninstalled, and destroy any software Products. 

Liability Limitations: In no event shall either Party be liable to the other or any third Party for any indirect, special, incidental, punitive, or consequential loss or damage or for any loss of or damage to data, ex gratia payments, loss of profit, loss of contract or loss of other economic advantage (in each case whether direct or indirect) howsoever arising out of or in connection with this Agreement or any collateral contract, or the production, sale, supply or use (by Buddha Labs, the End User or any third party) of Buddha Labs or Services provided under this Agreement, even if that party has previously been advised of the possibility of the same and whether foreseeable or not. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Upon expiration or termination of End Users Agreement and use of Buddha Labs Images with AWS for any reason, all licenses granted to End User under this Agreement shall terminate forthwith and Buddha Labs will have no obligation to provide any Services.

No Warranty:  The products may (A) have limited features; (B) function for a limited period of time; or (C) have other limitations not contained in a paid-for-commercial version of the products.  The Amazon Machine Images are provided “”AS IS””.  Buddha Labs disclaims any and all warranties, including any implied warranties of merchantability, fitness for a particular purpose, and statutory warranties of non-infringement.

Maintenance and Support: Buddha Labs may provide maintenance for the Amazon Machine Images solely during the period in which End User has procured an Amazon Machine Image configured by Buddha Labs.  Such limited maintenance may include incremental compliance policy update programs, scripts, or implementation guides and certain improvements of the Amazon Machine Images.  End User shall promptly download, implement and/or install compliance policy updates or take any other action as may be required or recommended by Buddha Labs from time to time.  End User understand an acknowledges that if End User does not promptly download, implement and/or install compliance policy updates or take any other actions as may be required or recommended by Buddha Labs from time to time, End User may be at increased risk to security vulnerabilities.  The End User acknowledges that operating systems updates, bug fixes, security fixes, and patches are provided by the operating system manufacture.  The End User acknowledges that software updates, bug fixes, security fixes, and patches are provided by the software manufacture.  End User understand an acknowledges that if End User does not promptly download, implement and/or install operating system vendor updates or take any other actions as may be required or recommended by the operating system vendor from time to time, End User may be at increased risk to security vulnerabilities. End User is not entitled to telephonic support.  End User is eligible to register for free Buddha Labs online support portal and community-based forums.  For the avoidance of doubt, Buddha Labs has the right, but is under no obligation whatsoever, to provide to the End User any infrastructure, application, or operating system maintenance and support from Buddha Labs.  End User understands and acknowledges that Amazon Machine Images configured by Buddha Labs in no way whatsoever guarantees compliance to regulatory guidelines such as, but not limited to; Health Insurance Portability and Accountability Act (HIPAA), Center for Information Security (CIS), Payment Card Industry (PCI), Department of Defense (DoD) Defense Information Systems Agency (DISA). and/or recommendations the End User agrees that no operating system, software, hardware, device, or network will ever be fully secure.

Privacy: By entering into these Terms of Service, End User agrees that Buddha Labs my collect, retain and use personally identifiable data, including End User name, addresses, e-mail addresses, company name, AWS account number, and telephone number.  End User personal information will be used primarily to provide support and services to End User by Buddha Labs.  Buddha Labs may also use End User personal information for additional communication with End User subject to applicable laws.  By entering into these Terms of Service, End User agrees to transfer End User’s personal information to Buddha Labs offices worldwide for the purposes stated above. Non-compete Restriction. Under no circumstances may the PRODUCT be used, in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any Buddha Labs products.

Buddha Labs reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Buddha Labs Products or Services following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.