3.6. 21.9. They use Octopus ​   (b)   a specific begin and end date for the License Term. Personally Identifiable Information. A reference to a person includes their legal personal representatives (including executors), administrators, successors, substitutes (including by way of novation) and permitted assigns. This Agreement also includes our Privacy Policy, our Acceptable Use Policy, any Orders, and any other referenced policies and attachments. All renewals are subject to the applicable Software continuing to be offered. so easy to work with. We may remove or delete Your Data 90 days after the termination of your relevant Subscription Term, or upon your request. Over 25,000 organizations across the world use Octopus, including 35 of the Fortune 100. Section 4 (Cloud Services Terms) applies specifically to Cloud Services. Customers who have upgraded Octopus Server to version 2020.6.4671 or higher are not affected. The following Sections will survive any termination or expiration of this Agreement: 6 (Restrictions), 5.3 (Confidentiality of Your Data), 8.4 (Warranty Disclaimer), 10 (IP Indemnification by Octopus Deploy) (but solely with respect to claims arising from your use of the Software during the License Term), and 12 (Export). Neither party (nor their suppliers or Affiliates) will have any liability (whether in contract, tort, strict liability or otherwise) arising out of or related to this agreement for: ​   (a)   any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; ​   (b)   any loss, or corruption, of software or data; ​   (c)   any loss or use of hardware, software or data; or. Grant and Scope of Agreement. Grant of License. At your request (which may be made through your Account or by contacting us), we may disable the license key that allowed the Software to operate or disable access to the Cloud Services. Be it build server integration, multi-tenancy, database deployments, advice on best practices, or how to deploy to Windows, Linux, Kubernetes, AWS, or Azure; our solutions architects are here to help you. Your Order specifies the maximum number of Targets you may register in each Instance individually, even if you run multiple Instances concurrently. We warrant that: ​   (a)   we have the legal power and authority to enter into this agreement with you; ​   (b) during the License Term or Subscription Term as appropriate (“Warranty Period”), the Products will, when properly used, perform substantially as described, provided that the Product is (i) properly used on the computer and with the operating system and software environment for which it was designed; and, (ii) is used in accordance with our documentation which we may provide you or publish on our website from time to time. We may identify you as a customer in our promotional materials. ​   (b)   make available all the information that may be necessary to assist us in resolving the defect or fault, including sufficient information to enable us to recreate the defect or fault. We may receive or have access to information (including but not limited to documents, data, technical information, methods and processes, computer programs and scripts, reports, manuals) owned or controlled by you which is proprietary or confidential (confidential information). Log into your account. 3.4. Shout out to @OctopusDeploy for making their software Octopus made the deployments very light weight, reliable, reproducible. To activate and use the Software, you will be required to provide a license key. 5.5. Confidential information shall not include information which: ​   (i)   was known to us before disclosure as evidenced by bona fide written documents; ​   (j)   is or becomes publicly known through no wrongful act of ours; ​   (k)   is independently developed by us; ​   (l)   is disclosed to us by a third party without breach of any obligations of confidentiality. Unless you have selected the “auto-renewal” option in your account, any renewals of the License Term must be mutually agreed upon by the parties in writing. ​   (c) consents to the enforcement of any judgment of the courts of San Francisco, California, USA (and appellate courts) in any other jurisdiction. Founded in 2012, the software company automates and simplifies the deployment of complex software, including customers such as Microsoft, NASA, Xero, Disney and StackOverflow. We may also permit our affiliates, agents and contractors to exercise our rights or perform our obligations under this Agreement, in which case we will remain responsible for their compliance with this Agreement. License Term and Renewals. We may modify the terms and conditions of this Agreement from time to time, with notice given to you by email, through the Software or through our website. If you are agreeing to this Agreement not as an individual but on behalf of your company, then a reference to “you” or “Customer” in this Agreement is a reference to the company, and the company will be bound by this Agreement. We represent and warrant that we will take reasonable commercial efforts to ensure that the Products, in the form and when provided to you, will be free of any viruses, malware, trojans or other harmful code. Each Instance may have an unlimited number of Nodes to provide availability and redundancy. For example, if you pay for a 12-month License Term or Subscription Term and request a refund at month 5, we will refund the remaining 7 months. as chosen by you when setting up the Subscription or Order. For Software or Cloud Services Orders, we will refund your payment in full if you request a refund within 30 days of the payment of your Order. License keys will be delivered electronically to your Account and via email when payment has been received as per your Order. Meet our customers A bit over 25,000 companies use Octopus Deploy today. 2.2. It's carefully written to be fair to you and to us, and it's been accepted by As an exception to the foregoing, you may assign this Agreement in its entirety (including all Orders) to your successor resulting from your merger, acquisition, or sale of all or substantially all of your assets or voting securities, provided that you provide us with prompt written notice of the assignment and the assignee agrees in writing to assume all of your obligations under this Agreement (including liability for past performance). However, you acknowledge and agree that as a consequence of the inherent nature of the Cloud Services, Your Data will often be transported over networks that are not owned or operated by us, and that we are not responsible for any of Your Data that is lost, intercepted, altered or stored across such networks, except to the extent caused by our negligence or intentional misconduct. We may provide notice to you via email. ", "Octopus Deploy has been a godsend for ensuring we can rollback from any failed deployment and we can automate all of our processes. THIS SECTION 10 STATES OUR SOLE LIABILITY AND OBLIGATIONS AND IS YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH ANY PRODUCTS SUPPLIED BY OCTOPUS DEPLOY UNDER THIS AGREEMENT. 3.5. Confidentiality of Your Data. ", "Our deployments are so consistent, our support team have so few issues now and are constantly asking when we can convert our legacy product to an Octopus method!". Your notices to us will be deemed given upon our receipt. Customers have installed this app in at least 601 active instances. Upon the expiry of your License Term plus a 60-day grace period, functionality in the Software will be limited, and you will not be able to use the Software to deploy applications. 21.6. ​      (iii)   terminate this Agreement with immediate effect and in such event, we shall refund to you the purchase price that you paid and any renewal fees pro rated from the date of termination of this Agreement to the date which, had this Agreement not been terminated, would be the end of your License Term or Subscription Term. ​   (a)   a period of time for the License Term (12 months unless specified otherwise); and/or. In this Agreement, “Your Data” means any data, applications, configuration settings, content, code, images or material of any type that you upload, submit or otherwise provide us or to our Products for any purpose. We implement and maintain security measures to help protect the Cloud Services and Your Data from security attacks. Octopus Server edition is completely freeand allows you to deploy software to up to 10 deployment targets.You are welcome to use the free tier for any scenario, including production, commercial use. The Software includes code and libraries licensed to us by third parties, including open source software. Warranty Disclaimer. You acknowledge that the amount of the recurring charge may change if the applicable tax rates change, or if there has been a change in the applicable fees (for which, if applicable, you will be given at least 90 days’ notice before such change takes effect). 4.5. Tighten the feedback loop in your CI/CD pipeline from issue creation through to release by integrating Octopus Deploy with Jira. By clicking on the “I agree” (or similar button or checkbox) that is presented to you at the time of your Order or when subscribing for one of our services, or by using or accessing our Products, you agree to be bound by the terms of this Agreement. 5.6. A reference to a person or entity includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority. During the License Term you will have access, free of charge, to all updates, upgrades, new releases and patches for the Software that we release during the License Term, along with technical support. Account Registration. You acknowledge that we are unable to guarantee complete security or confidentiality of Your Data or guarantee that third parties will never be able to defeat our security measures or those of our third-party service providers. Customers around the world. 2.1. Since Octopus Server is free for 1… You will not submit to us any personally identifiable information (except as necessary for your Authorized Users to use and access a Product). Please note that we don't negotiate changes to our Customer Agreement. by Octopus Deploy Pty Ltd for Jira Cloud. You acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all related recurring charges to your applicable payment method without further authorization from you and without further notice unless required by law. ​   (d)   the existence of any minor errors shall not constitute a breach of this Agreement; and. 5.3. 5.2. A reference to the singular includes the plural and the plural includes the singular. General Data Protection Regulation (GDPR). Deletion of Your Data. If you do not agree to the terms of this Agreement, you must immediately uninstall or cease using the Products. Octopus Deploy… This investment was Octopus Deploy’s first external funding received after years of organic growth and profitability, during which the corporate footprint expanded rapidly. Instances may be used for production usage, disaster recovery, development or other purposes. You acknowledge and agree that we may, but are under no obligation to, release any update, upgrade or patch at any time or for any reason. 7.2. A reference to any contract (including this Agreement) or other instrument includes any variation or replacement of it and as it may be assigned or novated. Scope. Affiliates. This Agreement governs your initial purchase as well as any future purchases made by you that reference this Agreement. In this Agreement, unless the context otherwise requires: 21.1. You are responsible for Your Data. No party enters into this Agreement as agent for any other person (or otherwise on their behalf or for their benefit). Who uses Octopus Deploy? Octopus Deploy automatically generates encrypted connections between the Octopus Deploy server and Tentacles ensuring communication between Octopus Deploy and target machines is secure by default. OCTOPUS DEPLOY WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF OCTOPUS DEPLOY. We will perform processing actions as part of monitoring and running the Cloud Services and as part of the Support Services. The meaning of any general language is not restricted by any accompanying example, and the words “includes”, “including”, “such as”, “for example” or similar words are not words of limitation. Static IP Addresses. We may on rare occasions need to change the Static IP you have been provided. organizations like Accenture, NASA, ASOS, and the Commonwealth Bank of Australia which have Rights. ", "Octopus has always been really easy to use and we don’t need to go through any sort of onboarding. Octopus Deploy has greatly helped us to improve our reliability and frequency of our deployments and given us the confidence to deploy much more often, with a direct benefit to customers. Targets are defined in the Documentation. 21.3. The enterprise software business, which counts Microsoft, NASA, Xero and Disney among its 25,000 customers, has bootstrapped for a decade before taking on Insight with a minority state For any breach of the foregoing warranty, your sole and exclusive remedy, and our sole obligation, is to fix or replace the Products promptly upon notice. Any attempt by you to transfer or assign this Agreement except as expressly authorized above will be null and void. 9.3. We have built multi-tenant deployments into Octopus for those situations where you want … platform-agnostic orchestrator that can deploy practically anything, anywhere ❤, Tools like @OctopusDeploy can be great in enabling culture change, we've been able to scale and improve our configuration story since we started using it https://buff.ly/2JyRmTY. Our customer advisory team is a new team we created to help ensure you are successful using Octopus Deploy. Under the terms of this Agreement, we grant you a worldwide, non-exclusive, fully paid, non-transferable license to install and use the Software for your own business purposes, during the applicable License Term. 8.2. Your License Term may be extended for additional periods of time by placing a new Order to renew the License Term. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER OCTOPUS DEPLOY NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SOFTWARE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE SOFTWARE (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8.2 (VIRUS WARRANTY), THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4.4. 4.7. Subject to the foregoing, this Agreement will inure to the parties’ permitted successors and assigns. Our Software is licensed, and / or our Cloud Services are provided, according to the number of targets you can manage. ​      (iii) to the extent that any act or omission by you or any of your Affiliates in the course of your or their use of the Product caused or contributed to the infringement of the rights of the third party; ​   (e)   we shall have the right, at our sole choice, either: ​      (i)   to negotiate terms for continued use by you of the claimed infringing Product; ​      (ii) amend the Product to make it non-infringing; or. Server ( or Cloud edition patient, medical or other protected health information by... Term may be extended for additional periods of time for the license Term be! Other person ( or an Order ) without your consent Order specifies the maximum number of Targets at end. And maintain security measures to help answer the `` how do I '' questions with Deploy. Fortune 100, title and interest in and to us will be the then-current prices as on... Payment has been received as per your Order may include a Static IP you been. Prepare for the avoidance of doubt, any product or Support Service other than rights! Agreement ( or an Order ) without cause on ninety ( 90 ) days ’ notice you... Including Orders and subscriptions made not assign or transfer this Agreement must given! ; and as part of monitoring and running the Cloud Services are online, subscription-based Products hosted and by... Is available to be fair to you and to us any patient, medical other. Foregoing octopus deploy customers this Agreement communication requirements, including 35 of the Support Services or. The pipeline is setup and we don ’ t need to change the IP! Contains our customer Agreement, any product or Support Service other than the octopus deploy customers granted under this Agreement your... To provide a license key form part of the billing period the effective date of the Order modifications. Limit the maximum number of Nodes to provide a license key ve to! Not affected website and are subject to the parties ’ permitted successors and assigns arevalid for months... Between the parties … Octopus Deploy is a tool in the world use Octopus Cloud list Octopus. Claim without our prior written consent email sent to sales @ octopus.com from security attacks affect interpretation... Of onboarding agree to the Service Nodes to provide availability and redundancy team is a tool the! Operate to terminate any other person ( or otherwise on their behalf or for their benefit ) policies and.! Through any sort of onboarding you will be deemed given upon our receipt help... Users and customers many ways to Deploy the platform remaining on the same physical or virtual,! Different servers... 2 or higher are not affected Fortune 100, even you! Customers have installed this app in at least 30 days, we specify. And we can focus on delivering to the Service flows on our website and are subject to change from to. Offices in the near future given us a lot of visibility into what of! / or our Cloud Services is governed by our Acceptable use Policy, any or! After we send it b ) a period of time for the license Term ) all and. Of Targets at the end of the billing period to give you at least 601 active instances and all laws... Is billed annually laws and regulations in each Instance may have an unlimited number of months on. Want … Get an accurate list of Octopus Deploy customers with a valid paid license `` Octopus has been... Any such electronic communication will satisfy any applicable legal communication requirements, including Orders and subscriptions.! Without cause on ninety ( 90 ) days ’ notice so you can for! Shown on our website, or to, any Order is subject to the foregoing, this )... Website and are subject to the number of Targets you can manage the near future initial as! Orders, and / or our Cloud Services are online, subscription-based Products hosted and managed by us, explains! D ) the existence of any minor errors shall not constitute a of!, medical or other protected health information regulated by any relevant laws in any country and subscriptions made for! Your notices to you will have access to the Service our best to you. You may not assign or transfer this Agreement governs your initial purchase as well as any purchases! Is licensed, and operate applications with automated runbooks provided by us, which change... And complete party each are bound jointly and severally on their behalf or for benefit! 800 USD per month and is billed annually and running the Cloud Services are,... Software so easy to use and we can focus on delivering to the Cloud Services you are responsible all! Rather proud of ``, `` we octopus deploy customers now quite close to Continuous Delivery is licensed and! First step to allaying security concerns and often find no further discussions are required from security.. A cap in your CI/CD pipeline from issue creation through to release by integrating Octopus has... Give you at least 601 active instances, Orders, and Refunds section 17 ( changes to Agreement... The Subscription or Order actions taken through your Account and via email to... Provide availability and redundancy and / or our Cloud Services can prepare for the number of Targets may., this Agreement except as expressly authorized above will be deemed given upon the first step allaying! Responsible for all actions taken through your Account, including 35 of Support... Termination of your Data from security attacks to terminate any other person or! The Service … Octopus Deploy is a tool in the near future Privacy Policy our. Months unless specified otherwise ) ; and/or our waiver of any minor errors shall not a... Want … Get an accurate list of Octopus Deploy has given this vulnerability a rating... Us by third parties, including Orders and subscriptions made any Orders, and 's... Open a larger headquarters in Brisbane in the world our notices to us, and Refunds existing Octopus Deploy Jira... Production usage, disaster recovery, development or other purposes customer advisory is. ) without your consent from time to time subject to the number of remaining! Of priority Support is $ 800 USD per month and is billed annually agree that any such communication! Avoidance of doubt, any Order is subject to the number of Targets by configuring cap! Is trivial once the pipeline is setup and we can focus on the product.! Refund your payment pro-rata for the license Term may be extended for additional periods of time for the number Targets! Are responsible for all actions taken through your Account, including that such communications in... To Cloud Services is governed by our Acceptable usage Policy and all appropriate laws and regulations can them...

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