Terms and Conditions

End-User Licensing Agreement (EULA)

PLEASE READ THIS EULA CAREFULLY BEFORE ORDERING OR DOWNLOADING OR USING ANY SOFTWARE PRODUCTS OF ANYSCALE. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 12 AND 13 WHERE WE LIMIT OUR LIABILITY TO USERS OF OUR SOFTWARE PRODUCTS.

IMPORTANT NOTICE TO ALL USERS: BY DOWNLOADING AND/OR USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

If you do not agree to the terms of this EULA do not download, install, copy or use the software. Important notice to consumers who purchase software products direct from Anyscale: you have the right to withdraw from your transaction with Anyscale without charge and without reason at any time before downloading our software product(s). However you will lose this right once you begin to download our software product(s). This does not affect your consumer rights in relation to defective products or services.

This END-USER LICENSE AGREEMENT (“EULA”) is, in cases where you purchase our product(s) direct from Anyscale, incorporated into the agreement between Anyscale Limited, a company registered in England and Wales, (“Anyscale”), and you, as either an individual or a single company or other legal entity (“Licensee”) on the terms of which you will purchase the products and services of Anyscale (the “Agreement”).

In cases where you purchase our product(s) from one of our resellers, the use of the term “Agreement” in this EULA refers to the arrangements between Anyscale and Licensee on which Licensee is permitted to use Anyscale’s product(s), including this EULA.

Anyscale reserves the right to refuse to grant a License (as defined in clause 1.1) to any Licensee who has failed to pay any sum due either to Anyscale or to a reseller of Anyscale either in connection with the Agreement or in connection with any other software license to use any Software product(s) of Anyscale.

1. GRANT OF LICENSE

1.1 Subject to the limitations of clause 3 and all the other terms of the Agreement, Anyscale grants to Licensee a limited, non-transferable (subject to clause 2.1(b) below) and non-exclusive license to download, install and use a machine readable, object code version (subject to clauses 3 and 4 below) of the software program(s) purchased by Licensee (the “Software”) and any accompanying user guide and other documentation (the “Documentation”), solely for Licensee’s own internal purposes (the “License”); provided, however, that Licensee’s right to download, install and use the Software and the Documentation is limited to those rights expressly set out in this EULA.

1.2 Only to the extent that is proportionate to, and reasonably necessary to support, Licensee’s licensed use of the Software in accordance with the Agreement, Licensee may (provided valid license keys have been obtained) install the Software on more than one computer, provided always that Licensee’s concurrent use of different installations of the Software does not exceed the number of valid Licenses that Licensee has paid for or licensed (as applicable).

2. LICENSE MODELS

2.1 For each Software product purchased from Anyscale, the License will be one of the following types of license, and subject to the following terms and conditions. Please note that some licensing models set out below do not apply to certain Software products of Anyscale. Whichever licensing model applies, Licensee shall not at any one time use more copies of the Software than the total number of valid licenses purchased or licensed by Licensee (as applicable).

(a) “Server License”

If Licensee purchases a Server License, Licensee will install and use the Software on one or more network servers located at Licensee’s premises or under the control of Licensee on the condition that the number of client computers that have access to the Software installed on that server or those servers, is equal to or less than the number of users for which the license is valid. At any given time, the number of individual users who could possibly use the Software concurrently must be equal to or less than the number of users for which the license is valid. If the number of concurrent individual users exceeds the number of users for which the license is valid, Licensee must promptly buy additional licenses. A Server License entitles Licensee to use the Software on one primary Server Computer (or a primary cluster of computers suitably configured for productive use of the Software).

(b) “Individual License”

If Licensee purchases an Individual License, Licensee warrants and represents that Licensee is a natural person and that only Licensee will use the Software. Licensee may transfer or assign (“transfer”) the Individual License to another natural person (“Assignee”) subject to Licensee:

notifying Anyscale of such transfer and obtaining Anyscale’s express written consent,
paying an administrative fee with respect to such transfer as may be required by Anyscale, and
after transferring a single copy of the Software to the Assignee, deleting any copies of the Software that Licensee may have in Licensee’s possession, custody or power.

An Individual License entitles Licensee to use the Software on only one computer at a time.

If Licensee purchases a Portable License, Licensee can install and use the software onto a removable disk, flash card, USB stick or other device (“removable device”). This removable device allows the Software to be used by one person at a time on any computer onto which the device is attached, without installing the Software on that computer. A Portable License entitles Licensee to use the Software on only one computer at a time.

2.2 Some of the Software may be made available at concessionary rates or free of charge (as applicable) as follows:

(a) “Trial License”

Licensee may register for a “Trial License” of the Software (not available for all products) where Anyscale grants Licensee a limited, non-exclusive, non-transferable, non-renewable license to copy and use the Software for evaluation purposes only and not for any commercial use. A Trial License lasts a limited specified period (“Trial Period”) upon the expiry of which the Software will automatically cease to function. During the Trial Period, Licensee has the option of paying a license fee in order to use the Software after the expiration of the Trial Period in accordance with Clause 2.1 of this Agreement. During the Trial Period Licensee will use the Software on only one computer at a time.

(b) “Free License”

Licensee may register for a “Free License” of selected Software from Anyscale (not available for all Software products). A Free License lasts for an unlimited period. Licensee will use the Software under a Free License on only one computer at a time.

3. RESTRICTIONS ON USE

3.1 In order to guard against unlicensed use of the Software, a license keycode is required to access and enable the Software (other than Software which is licensed under Clause 2.2 above).

3.2 Licensee is authorized to use the Software in machine readable, object code form only and Licensee shall not:

assign, sublicense, sell, distribute, transfer, pledge, lease, rent, lend, share or export the Software, the Documentation or Licensee’s rights under this EULA;
alter or circumvent the license keys or other copy protection mechanisms in the Software or reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software;
modify, adapt, translate or create derivative works based on the Software or Documentation;
use, or allow the use of, the Software or Documentation on any project other than a project produced by Licensee (an “Authorized Project”) or to provide a service (whether or not any charge is made) to any third party;
allow or permit anyone (other than Licensee and Licensee’s authorized employees to the extent they are working on an Authorized Project) to use or have access to the Software or Documentation;
copy or install the Software or Documentation other than as expressly provided for in this EULA; or
take any action, or fail to take action, that could adversely affect the trademarks, service marks, patents, trade secrets, copyrights or other intellectual property rights of Anyscale or any third party with intellectual property rights in the Software (each, a “Third Party Licensor”). For purposes of this clause 3, the term “Software” shall include any derivatives of the Software.

3.3 Unless Licensee has purchased a Portable License, if the Software is moved from one computer to another, the issuing of replacement or substituted license keys is subject to and strictly in accordance with Anyscale’s License Transfer Policy, which is available on Anyscale’s website and which requires a fee to be paid in certain circumstances. Anyscale may from time to time and at its sole discretion vary the terms and conditions of the License Transfer Policy.

4. BACK-UP COPY

Licensee may store one copy of the Software and Documentation off-line and off-site in a secured location that is owned or leased by Licensee in order to provide a back-up in the event of destruction by fire, flood, acts of war, acts of nature, vandalism or other incident. In no event may Licensee use the back-up copy of the Software or Documentation to circumvent the usage or other limitations set forth in this EULA.

5. OWNERSHIP

5.1 Licensee acknowledges that the Software and Documentation and all related intellectual property rights and other proprietary rights are and shall remain the sole property of Anyscale and the Third Party Licensors.

5.2 Licensee shall not remove, or allow the removal of, any copyright or other proprietary rights notice included in and on the Software or Documentation or take any other action that could adversely affect the property rights of Anyscale or any Third Party Licensor.

5.3 To the extent that Licensee is authorized to make copies of the Software or Documentation under this EULA, Licensee shall reproduce in and on all such copies any copyright and/or other proprietary rights notices provided in and on the materials supplied by Anyscale hereunder.

5.4 Nothing in the Agreement shall be deemed to give Licensee any rights in the trademarks, service marks, patents, trade secrets, confidential information, copyrights or other intellectual property rights of Anyscale or any Third Party Licensor, and Licensee shall be strictly prohibited from using the name, trademarks or service marks of Anyscale or any Third Party Licensor in Licensee’s promotion or publicity without Anyscale’s prior express written approval.

5.5 Anyscale undertakes (the “Undertaking”) to defend Licensee or at Anyscale’s option settle any claim brought against Licensee alleging that Licensee’s possession or use of the Software or Documentation in accordance with the Agreement infringes the intellectual property rights of a third party in the same country as Licensee (“Claim”) and shall reimburse all reasonable losses, damages, costs (including reasonable legal fees) and expenses incurred by or awarded against Licensee in connection with any such Claim, provided that the Undertaking shall not apply where the Claim in question is attributable to possession or use of the Software or Documentation other than in accordance with the Agreement, or in combination with any hardware, software or service not supplied or specified by Anyscale. The Undertaking is conditional on Licensee giving written notice of the Claim to Anyscale as soon as reasonably possible, cooperating in the defence of the Claim and not making any admission of liability or taking any step prejudicial to the defence of the Claim. If any Claim is made, or in Anyscale’s reasonable opinion is likely to be made, against Licensee, Anyscale may at its sole option and expense:

procure for Licensee the right to continue using the Software,
modify the Software so that it ceases to be infringing,
replace the Software with non-infringing software, or
terminate the Agreement immediately by notice in writing to Licensee and refund the License Fee (less a reasonable sum in respect of Licensee’s use of the Software to the date of termination) on return of the Software and all copies by Licensee. The Undertaking constitutes Licensee’s exclusive remedy and Anyscale’s only liability in respect of any Claim.

6. LICENSE FEE

6.1 Licensee acknowledges that (subject to clause 6.2) the rights granted to Licensee under this EULA are conditional on Licensee’s payment in full of the license fee payable in connection with the Agreement or, as the case may be, payable to Anyscale’s reseller (the “License Fee”).

6.2 In the cases of Trial Licenses and Free Licenses, for the avoidance of doubt, the fact that no License Fee may be payable shall not be construed as a waiver by Anyscale of any right or remedy available to it in relation to any breach by Licensee of this EULA or the Agreement, or of any other right or remedy arising under applicable law, all of which are expressly reserved.

7. UPGRADES/ENHANCEMENTS

If the Licensee has paid an annually renewable fee for access to support, upgrades and updates for the Software (“Annual Upgrade and Support Programme”), this Agreement is subject to the terms and conditions for the Annual Upgrade and Support Programme available on Anyscale’s website. Anyscale may from time to time and at its sole discretion vary the terms and conditions of the Annual Upgrade and Support Programme. The Annual Upgrade and Support Programme is not available for all Software license types and variations.

<>. CONSENT FOR INTERNET-BASED SERVICES

Certain Software features connect to Anyscale or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when such a connection is made. The Software features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. By installing and using the Software, you consent to the transmission of information via such a connection.

8. TAXES AND DUTIES

Licensee agrees to pay, and indemnify Anyscale from claims for, any local, state or national tax (exclusive of taxes based on net income), duty, tariff or other impost related to or arising from the transaction contemplated by the Agreement.

9. LIMITED WARRANTY

9.1 Subject to clause 9.3, Anyscale warrants that, for a period of ninety (90) days after Licensee first downloads the Software (“Warranty Period”):

(a) the Software will, when properly used on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documentation; and

(b) the Documentation correctly describes the operation of the Software in all material respects.

9.2 If, within the Warranty Period, Licensee notifies Anyscale in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with the Documentation, Anyscale will, at its sole option, either repair or replace the Software, provided that Licensee makes available all the information that may be necessary to identify, recreate and remedy the defect or fault. This warranty will not apply to any defect or fault caused by unauthorised use of or any amendment made to the Software by any person other than Anyscale. If Licensee is a consumer, the warranty given in this clause is in addition to Licensee’s legal rights in relation to any Software or Documentation that is faulty or not as described.

9.3 Anyscale does not warrant that the Software or Documentation will meet Licensee’s requirements or that Licensee’s use of the Software will be uninterrupted or error free.

9.4 If Licensee purchases a license of the Software that is of a fixed term duration, the Warranty Period in clause 10.1 shall apply only to Licensee’s first purchase of such license and not to any subsequent renewal(s) even if a renewal involves another download.

10. INDEMNIFICATION

Licensee agrees to indemnify, hold harmless and defend Anyscale, the Third Party Licensors and Anyscale’s and each Third Party Licensor’s respective affiliates, officers, directors, shareholders, employees, authorized resellers, agents and other representatives from all claims, defence costs (including, but not limited to, legal fees), judgments, settlements and other expenses arising from or connected with any claim that any authorised or unauthorised modification of the Software or Documentation by Licensee or any person connected with Licensee infringes the intellectual property rights or other proprietary rights of any third party.

11. LIMITATION OF LIABILITY TO BUSINESS USERS

11.1 This clause applies where Licensee is a business user.

11.2 Licensee acknowledges that the Software has not been developed to meet its individual requirements, and that it is therefore Licensee’s responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet such requirements.

11.3 The Software and Documentation is supplied only for Licensee’s internal use for its business, and not for any re-sale purposes or for the provision of the Software (whether directly or indirectly) to third parties.

11.4 Anyscale shall not under any circumstances whatever be liable to Licensee, its affiliates, officers, directors, shareholders, employees, agents or other representatives, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss or corruption of data or information, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage. In respect of any other losses, Anyscale’s maximum aggregate liability under or in connection with the Agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the greater of GB£500 (five hundred GBP) and a sum equal to the License Fee.

11.5 Nothing in the Agreement shall limit or exclude Anyscale’s liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or for any other liability that cannot be excluded or limited by applicable law.

11.6 This EULA sets out the full extent of our obligations and liabilities in respect of the supply of the Software and Documentation. Except as expressly stated in this EULA, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Anyscale.

11.7 Any condition, warranty, representation or other term concerning the supply of the Software and Documentation which might otherwise be implied into, or incorporated in, the Agreement, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

12. LIMITATION OF LIABILITY TO CONSUMERS

12.1 This clause applies where Licensee is a consumer.

12.2 Licensee acknowledges that the Software has not been developed to meet Licensee’s individual requirements, and that it is therefore Licensee’s responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet such requirements.

12.3 The Software and Documentation are only supplied for Licensee’s domestic and private use.

12.4 Licensee agrees not to use the Software and Documentation for any commercial, business or re-sale purposes, and Anyscale has no liability to Licensee for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.5 Anyscale is only responsible for loss or damage suffered by Licensee that is a foreseeable result of Anyscale’s breach of the Agreement or its negligence but Anyscale is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of a breach or if they were contemplated by Licensee and Anyscale at the time of forming the Agreement. Anyscale’s maximum aggregate liability under or in connection with the Agreement, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the greater of GB£500 (five hundred GBP) and a sum equal to the License Fee.

12.6 Nothing in the Agreement shall limit or exclude Anyscale’s liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or for any other liability that cannot be excluded or limited by applicable law.

13. TERM & TERMINATION

13.1 The Agreement is effective upon Licensee’s download of the Software, and the Agreement will remain in effect until termination or expiry. Licensee may terminate the Agreement on written notice to Anyscale if Anyscale is in breach of this Agreement and fails to cure the breach within 10 (ten) working days of receiving notice of such breach. If Licensee breaches the Agreement, Anyscale may terminate the License immediately by notice to Licensee.

13.2 If the Agreement expires or is terminated, the License will cease immediately and Licensee will immediately cease use of any Software and Documentation and either return to Anyscale all copies of the Software and Documentation in Licensee’s possession, custody or power or, if Anyscale directs in writing, destroy all such copies. In the latter case, if requested by Anyscale, Licensee shall provide Anyscale with a certificate confirming that such destruction has been completed.

13.3 Anyscale reserves the right to terminate and/or suspend the License as it deems reasonable in its sole discretion by notice to Licensee if it becomes aware that Licensee has failed to pay any sum due either to Anyscale or to a reseller of Anyscale either in connection with the Agreement or in connection with any other Software license to use any product(s) of Anyscale or the Licensee is otherwise in breach of or fails to comply with any term of the Agreement.

13.4 Anyscale may also terminate this EULA if Licensee becomes subject to bankruptcy proceedings, becomes insolvent, or makes an arrangement with Licensee’s creditors. This EULA will terminate automatically without further notice or action by Anyscale if Licensee goes into liquidation.

14. CONFIDENTIALITY

14.1 Licensee agrees that the Software and Documentation are proprietary to and the confidential information of Anyscale or, as the case may be, the Third Party Licensors, and that all such information and any related communications (collectively, “Confidential Information”) are confidential and a fundamental and important trade secret of Anyscale and/or the Third Party Licensors.

14.2 If Licensee is a business user, Licensee shall disclose Confidential Information only to Licensee’s employees who are working on an Authorized Project and have a “need-to-know” such Confidential Information, and shall advise any recipients of Confidential Information that it is to be used only as expressly authorized in the Agreement.

14.3 Licensee shall not disclose Confidential Information or otherwise make any Confidential Information available to any other of Licensee’s employees or to any third parties without the express written consent of Anyscale. Licensee agrees, to the extent it can be reasonably done, to segregate the Confidential Information from the confidential information and materials of others in order to prevent commingling.

14.4 Licensee shall take reasonable security measures, which measures shall be at least as great as the measures Licensee uses to keep Licensee’s own confidential information secure (but in any case using no less than a reasonable degree of care), to hold the Software, Documentation and any other Confidential Information in strict confidence and safe custody. Anyscale may request, in which case Licensee agrees to comply with, certain reasonable security measures as part of the use of the Software and Documentation.

14.5 This Clause 14 shall not apply to any information that is in or comes into the public domain, or was in Licensee’s lawful possession before receipt or which Licensee develops independently and without breach of this clause.

14.6 Licensee acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information, and that Anyscale shall be entitled, without waiving any other rights or remedies, to such injunctive or other equitable relief as may be deemed proper by a court of competent jurisdiction.

15. INSPECTION AND INFORMATION

15.1 Unless Licensee is a consumer, Licensee shall advise Anyscale on demand of all locations where the Software or Documentation is used or stored. Licensee shall permit Anyscale or its authorized agents to audit all such locations during normal business hours and on reasonable advance notice.

15.2 The Software may include mechanisms to collect limited information from Licensee’s computer(s) and transmit it to Anyscale. Such information (the “Information”) may include details of Licensee’s hardware, details of the operating system(s) in use on such hardware and the profile and extent of Licensee’s use of the different elements of the Software. Anyscale may use the Information to:

model the profiles of usage, hardware and operating systems in use collectively across its customer base in order to focus development and support,
provide targeted support to individual customers,
ensure that the usage of the Software by Licensee is in accordance with the Agreement and does not exceed any user number or other limits on its use, and
advise Licensee about service issues such as available upgrades and maintenance expiry dates.

15.3 To the extent that any Information is confidential to Licensee it shall be treated as such by Anyscale when so notified or identified by Licensee when the Information is first provided to Anyscale (whether verbally or in written form).

15.4 To the extent that any Information constitutes personal data for the purposes of the Data Protection Act 1998 it shall be processed by Anyscale in accordance with that Act and with Anyscale’s Privacy Policy (see http://www.quickscale.co.uk/privacy/).

15.5 Licensee undertakes to make all of users of the Software aware of the uses which Anyscale will make of the Information and of the terms of Anyscale’s Privacy Policy.

16. U.S. GOVERNMENT LICENSE RIGHTS

16.1 All Software, including all components thereof, and Documentation qualify as “commercial items,” as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in FAR 12.212.

16.2 Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this Agreement may be incorporated, a government end user will acquire the Software and Documentation with only those rights set forth in this Agreement.

16.3 Use of either the Software or Documentation or both constitutes agreement by the government that all Software and Documentation are “commercial computer software” and “commercial computer software documentation,” and constitutes acceptance of the rights and restrictions herein. The Software is the subject of the following notices:

Unpublished-rights reserved under the Copyright Laws of the United Kingdom.

17. SURVIVAL

Clause 5 and clauses 8 to 19 inclusive shall survive any termination or expiration of the Agreement.

18. IMPORT/EXPORT CONTROLS

18.1 To the extent that any Software made available under the Agreement is subject to restrictions upon export and/or re-export from the United States, Licensee agrees to comply with, and not act or fail to act in any way that would violate, applicable international, national, state, regional or local laws and regulations, including, without limitation, the U.S. Export Administration Act and the Export Administration Regulations, the regulations of the U.S. Department of Treasury Office of Foreign Assets Control, and the International Traffic in Arms regulations (collectively, “U.S. Export Laws”), and the United States Foreign Corrupt Practices Act, as those laws may be amended or otherwise modified from time to time, and neither Anyscale nor Licensee shall be required under the Agreement to act or fail to act in any way which it believes in good faith will violate any such laws or regulations.

18.2 Without limiting the foregoing, Licensee agrees that it will not export or re-export, directly or indirectly, Anyscale’s Software or related products and services, or any commodity, technology, technical data, software or service that incorporates, contains or is a direct product of Anyscale’s Software, products and/or services:

in violation of the U.S. Export Laws;
to any country for which an export license or other governmental approval is required at the time of export, without first obtaining all necessary export licenses or other approvals;
to any country, or national or resident of a country, to which trade is embargoed by the United States;
to any person or firm on any government agency’s list of blocked, denied or barred persons or entities, including but not limited to the U.S. Department of Commerce’s Denied Persons List and Entities List, and the U.S Treasury Department’s Specially Designated Nationals List; or
for use in any nuclear, chemical or biological weapons, or missile technology end-use unless authorized by the U.S. Government by regulation or specific license.

19. MISCELLANEOUS

19.1 Unless Licensee is a consumer, the Agreement is the exclusive agreement between the parties concerning its subject matter and supersedes any and all prior oral or written agreements, negotiations, or other dealings between the parties concerning such subject matter.

19.2 Licensee acknowledges that Licensee has not relied upon any representation or collateral warranty not recorded in the Agreement inducing it to enter into the Agreement.

19.3 The Agreement may be modified only in writing, by Anyscale, at any time.

19.4 The failure of either party to enforce any rights granted under the Agreement or to take action against the other party in the event of any such breach shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

19.5 The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including, unless Licensee is a consumer, non-contractual disputes or claims) shall be governed by, and construed in accordance with English Law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts, subject to any right that a consumer may have to bring proceedings or to have proceedings brought against them in a different jurisdiction.

19.6 If Anyscale fails to insist that Licensee performs any obligation under the Agreement, or delays in doing so, that will not mean that Anyscale has waived its rights.

19.7 Unless Licensee is a consumer, Licensee agrees that Anyscale may refer to Licensee as a client or a user of the Software, may display its logo(s) for this purpose and may publish quotations and testimonials from Licensee, its directors, partners, officers or employees. Anyscale agrees to promptly cease any such use on Licensee’s written request.

19.8 Anyscale and Licensee intend that each Third Party Licensor may enforce against Licensee under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) any obligation owed by Licensee to Anyscale under this EULA that is capable of application to any proprietary or other right of that Third Party Licensor in or in relation to the Software.

19.9 Anyscale and Licensee reserve the right under section 2(3)(a) of the Act to rescind, terminate or vary this EULA without the consent of any Third Party Licensor.

Last updated 30 June, 2016.