Octopus Server Product Terms

Effective starting 1 August 2023

If you Order Octopus Server, these Terms shall apply. Your use of the Octopus Server application software is subject to our Customer Agreement together with these Terms.

1. Grant of License. We grant you a worldwide, non-exclusive, fully paid, non-transferable license to install and use Octopus Server for your own business purposes during the Order Term. You may only use Octopus Server in accordance with its Documentation and as specified under the Order.

2. License Delivery. To activate and use the Software, you will be required to provide a license key. License keys will be delivered electronically to your Account and via email when payment has been received as per your Order.

3. Term of License. Your license to use the Software is granted only for the Order Term (as renewed in accordance with the Customer Agreement).

4. Usage. The fees payable for your continued license to Octopus Server shall be calculated:

(a)           based on fixed usage limits;

(b)           with variable or consumption-priced billing based on actual usage; or

(c)           a combination of the above,

as specified in your Order.

If you choose options (b) or (c), you acknowledge that your bill may vary each billing period, subject to your actual consumption in that billing period. We may require you to make an advance payment towards any consumption-based pricing.

5. Support, Maintenance, and New Releases. During the Order Term you will have access, free of charge, to all updates, upgrades, new releases and patches for Octopus Server that we release during the Order Term, along with technical support in accordance with our standard practices. You acknowledge and agree that:

(a)           we may, but are under no obligation to, release any update, upgrade or patch at any time or for any reason;

(b)           certain features may be offered on a trial, temporary, or beta basis, and the continued availability of any particular feature is not guaranteed; and

(c)            updates, upgrades, and patches could cause disruption to services, for some features to not work as they previously did, or other interruptions.

You must promptly install any updates, upgrades, or patches ("Updates"). If you do not apply any Update within three (3) months of it being made generally available to Octopus Server users free of charge (or three (3) days in the case of Updates that we identify as priority, urgent, or similar), the warranties and indemnities under the Customer Agreement or these or any other Terms SHALL NOT APPLY and shall be re-enlivened only upon the date that the Update is installed.

6. Third Party Code and Open Source Libraries Used. Octopus Server includes code and libraries licensed to us by third parties, including open source software. To the extent applicable, we shall identify open source software included in Octopus Server in or through Octopus Server itself, or on a page in our Documentation. Some of these licenses require us to provide the open source software to you on the terms of the open source license. In that case, the terms of the open source license will apply, and you will have the rights granted in such licenses to the open source software itself, such as access to source code, right to make modifications, and right to reverse engineer. Notwithstanding the foregoing, if you are using Octopus Server in the form provided to you, in accordance with your permitted scope of use, with no distribution of software to third parties, then none of these open source licenses impose any obligations on you beyond what is stated in the Agreement.