Octopus Server Product Terms

Effective starting 1 February 2023

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. Target Limits and Billing. The fees payable for your continued license to Octopus Server shall be calculated:

(a)           based on a fixed number of maximum Targets that you can deploy to; or,

(b)           with variable billing, based on the number of Targets actually deployed to by the end of the billing period,

as specified when placing or renewing your Order.

If you choose option (b), you acknowledge that your bill may vary each billing period, subject to any increase or decrease by you of the number of Targets in that billing period. To avoid any unpleasant surprises, you can limit the maximum number of targets by configuring a cap in your Octopus Account.

5. Expiry. Upon termination or expiry of the Order Term, plus a 60-day grace period, Octopus Server functionality may be limited or terminated and you may not be able to use Octopus Server to deploy applications or at all.

6. 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. If an update, upgrade, or patch is made generally available to Octopus Server users free of charge, any Octopus Server Products that are not updated, upgraded, or patched within three (3) days of those updates, upgrades, or patches being made generally available will not benefit from any warranties or indemnities under these Terms or the Customer Agreement until they are installed.  

7. 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.

8. Definitions

Any defined words not defined in this Section have the meaning given to them in the Customer Agreement. In these Terms, unless the context requires otherwise:

Octopus Server means our Octopus Server application software.

Target means a destination, machine or service, to which actions may be directed towards, as described in our documentation from time to time.

Terms means these Octopus Server Terms.