NooBaa - Multi-Cloud native storage for Google Cloud Platform
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ORBITERA WEB SERVICES
1.1 “Authorized Users” means employees and individual contractors (e.g., temporary employees) of an Orbitera Customer that have been authorized by the Orbitera Customer to access the Orbitera Web Services via the Platform.
1.2 “Documentation” means the user manuals supplied in connection with licensed Software relating to the installation, use and administration of the Software.
1.3 “Orbitera” means Orbitera Inc., a Delaware corporation.
1.4 “Orbitera Customer” means the customer of Orbitera that has authorized you to use the Orbitera Web Services as an Authorized User of such Orbitera customer.
1.5 “Orbitera Customer Agreement” means the agreement between Orbitera and an Orbitera Customer permitting such Orbitera Customer to use the Orbitera Web Services via the Platform and to authorize Authorized Users to use the Orbitera Web Services.
1.6 “Orbitera Web Services” or “Software” means the online customer portal software made available via the Platform as an online service by Orbitera to Orbitera customers.
1.7 “Platform” means the combination of servers and client software used to deliver the Software.
2. Access to Orbitera Web Services.
2.1 Access Rights. Subject to the terms and conditions of this Agreement, Orbitera grants you the non-exclusive right to access and use the Orbitera Web Services solely on the Platform, in the manner and for the purposes described in the Documentation, solely during the period, and to the extent, that the Orbitera Customer is authorized to use and authorize Authorized Users to use the Orbitera Web Services on the Platform under the terms of the Orbitera Customer Agreement.
2.2 Limitations. You represent and warrant that you are an Authorized User under a currently valid and effective Orbitera Customer Agreement, and you agree and acknowledge that your use of the Software is subject to all applicable limitations contained in such Orbitera Customer Agreement. It is your responsibility to inquire with the Orbitera Customer as to any such limitations which apply to you.
2.3 Documentation. You may download and make copies of the Documentation solely for your personal use, but no more than the amount reasonably necessary. You must retain on all such copies all copyright and other proprietary notices that appear on or in the Documentation.
2.4 Other Restrictions. You agree not to modify, port, adapt or translate the Software, or to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You are not permitted to sublicense, assign or transfer the Software or any rights in the Software, or authorize any portion of the Software to be accessed by another individual or entity. You are not permitted to (a) use the Software on behalf of third parties; (b) rent, lease, lend or grant other rights in the Software; or (c) using any component, library, database or other technology included with the Software other than solely in connection with your use of the Software.
3. Intellectual Property Rights.
The Software and any copies that you are authorized by Orbitera to make are the intellectual property of and are owned by Orbitera and its licensors. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Orbitera and its licensors. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software, and all rights not expressly granted are reserved by Orbitera.
By using the Platform to publicly offer trials of an Orbitera Customer’s software or solution, you authorize Orbitera to publicize such trials, including without limitation to use such Orbitera Customer’s name or logo on Orbitera web properties.
4. No Support.
You acknowledge and agree that Orbitera support obligations, if any, with respect to the Orbitera Web Services are solely to the Orbitera Customer, and you agree to seek all support for the Orbitera Web Services from the Orbitera Customer that has authorized you to be an Authorized User. Additionally, and for the avoidance of doubt, Orbitera has no liability and provides no support for the Platform.
5. No Warranties.
ORBITERA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SOFTWARE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SOFTWARE. ORBITERA ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER AS A RESULT YOUR USE OF THE SOFTWARE.
ORBITERA DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR SERVICES OFFERED BY OR THROUGH THE PLATFORM. ORBITERA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT THE PLATFORM, AND SHALL NOT BE LIABLE FOR ANY THIRD PARTIES OR THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
ORBITERA WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF USING THE PLATFORM OR A THIRD PARTY USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SOFTWARE, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitations on Liability.
IN NO EVENT WILL ORBITERA OR ITS LICENSORS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER, INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, EVEN IF AN ORBITERA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ORBITERA’S AGGREGATE LIABILITY AND THAT OF ITS LICENSOR’S UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE LESSER OF FIVE HUNDRED UNITED STATES DOLLARS ($500) OR THE AGGREGATE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION WILL APPLY EVEN IF ORBITERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 6 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
7. Notice to U.S. Government End Users.
The Software and Documentation are “Commercial Item(s),” as that term is defined at 48 C.F.R. Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202 1 through 227.7202 4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All rights are reserved under the copyright laws of the United States. Orbitera Inc., 8391 Beverly Blvd. #449 Los Angeles, California 90048.
8. Export Rules.
You acknowledge that the Software is subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that you will comply with the Export Laws. You are not permitted to ship, transfer, export or re-export the Software, directly or indirectly, to (a) any countries that are subject to US export restrictions (currently including, but not limited to, Cuba, Iran, North Korea, Sudan, and Syria) (each, an “Embargoed Country”), (b) any end user whom you know or have reason to know will use them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems (each, a “Prohibited Use”), or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government (each, a “Sanctioned Party”). In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Software. You represent and warrant that (i) you are not a citizen of, or located within, an Embargoed Country, (ii) you will not use the Software for a Prohibited Use, and (iii) you are not a Sanctioned Party. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
9. Term and Termination.
This Agreement shall remain in effect until either (a) any material breach of this Agreement by you occurs, (b) the termination or expiration of the applicable Orbitera Customer Agreement, or (c) other cancellation of the applicable Orbitera Customer’s right to use the Software under such agreement. Upon the occurrence of (a), (b) or (c) above, this Agreement shall automatically terminate. Upon termination of this Agreement for any reason, you must immediately discontinue all use of the Software, Documentation and all copies thereto. Termination shall not, however, relieve either party of obligations incurred prior to the termination. The following Sections shall survive any expiration or termination of this Agreement: 1 (Definitions), 3 (Intellectual Property Rights), 5 (No Warranties), 6 (Limitations on Liability), 7 (Notice to U.S. Government End Users), 9 (Term and Termination), 12 (Governing Law), and 13 (General Provisions). Orbitera reserves the right, in its sole discretion, to change, cease to provide or discontinue support for the Software at any time.
10. Third-Party Beneficiaries.
You acknowledges and agrees that Orbitera’s licensors are third party beneficiaries of this Agreement, with the right to enforce the obligations set forth herein with respect to the respective technology of such licensors and/or Orbitera.
11. Third Party Software.
The Software may contain third-party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at http://orbitera.com/app/third-party-eula (or a successor website thereto) and are made a part of and incorporated by reference into this Agreement.
12. Governing Law.
This Agreement and all matters arising from or related to this Agreement (including its validity and interpretation), will be governed and enforced by and construed in accordance with the substantive laws in force in the State of California. The courts of Orange County, California shall have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the following, the application of which is hereby expressly excluded: (a) the conflict of law rules of any jurisdiction, (b) the United Nations Convention on Contracts for the International Sale of Goods, and (c) the Uniform Computer Information Transactions Act, as enacted in any jurisdiction.
13. General Provisions.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. Updates and upgrades may be licensed by Orbitera with additional or different terms. This is the entire agreement between Orbitera and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. You agree to comply with all applicable laws and regulations pertaining to this Agreement.
NOOBAA LTD. - LICENSEE LICENSE AGREEMENT
NOOBAA COMMUNITY EDITION
NooBaa Software (as may be upgraded or updated from time to time, and related services, features or documentation provided by Noobaa Ltd., the "Product") which you are about to install is subject to this Agreement. This Agreement (the "Agreement") is an agreement between you (both the individual installing the Product and any legal entity on whose behalf such individual is acting) (hereinafter "Licensee" or "You") and Noobaa Ltd. (the "Company" or "Us").
BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE PRODUCT, OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THIS AGREEMENT. CLICKING ON THE "AGREE" BUTTON OR THE ACTUAL USE OF THE PRODUCT, OR ANY PART THEREOF, YOU SHALL BE DEEMED YOUR CONCLUSIVE ACKNOWLEDGEMENT THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE AGREEMENT. YOUR ACCESS AND USE OF THE PRODUCT SHALL BE DEEMED YOUR CONTINUED AND CONCLUSIVE ACCEPTANCE OF THE AGREEMENT AS MAY BE MODIFIED FROM TIME TO TIME BY THE COMPANY. IF YOU DO NOT WISH TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE PRODUCT.
1. Grant of License
1.1. The Product is licensed, not sold, under the terms of this Agreement. Subject to the terms of this Agreement, Company grants and Licensee accepts a non-transferable, non-assignable (without right of sublicense), non-exclusive, fully revocable, free of charge, right to use the Product in its usual and customary user environment as the Product is intended to be used (the "License").
2. Product use and Restrictions.
2.1. The Product is an architecture solution for unstructured-data storage that uses any compute resource available, including virtual, physical, heterogeneous, and even shared resources, located in the datacenter, across the WAN or in the public cloud. The Product includes a control system, running in a virtualized compute environment, and Daemon Software, running on storage nodes. The Product is intended for a use in a standard business environment and should be deployed in compliance with standard best practices.
2.2. The Product allows, subject to term herein, unrestricted deployment, unlimited provisioning of capacity, unlimited use of the Product's features and unlimited provisioning of the NooBaa control system in a virtualized environment. The Community Edition license herein is limited to a total amount of Storage Space as defined by specifications. Company at its sole discretion, may change such Storage Space limit without prior notice. "Storage Space" means logical data stored, which excludes, inter alia, capacity used for fault resilience or data replication for DR purposes, and excludes the effect of deduplication, compression, and encryption on physical storage consumption.
2.3. Company attempts to provide a fully functioning product and to eliminate errors in the Product and documentation. Nevertheless, the Company does not warrant that the Product will meet the requirements of any user or that the operation of the Product will be error-free or uninterrupted or that defects in the Product will be amended.
2.4. Company may update, modify or discontinue offering the Product without any prior notice. If Company delivers a revision of the Product, Licensee agrees and acknowledges that Company shall have no responsibility for confirming that the Product is compatible with previously delivered versions of the Product.
2.5. Company does not commit to provide support or maintenance for the Community Edition license of the Product. Company may, at its sole discretion and without creating any obligation to continue such services, provide support on a 'best effort' basis for the Product.
2.6. Open Source Software. Certain items of software included with the Product are subject to "open source" or "free software" licenses ("Open Source Software").
Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this Agreement. Each item of Open Source Software is licensed under the terms of the Licensee license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable Licensee license for the Open Source Software.
2.7. You may not rent, lease, lend, sell, redistribute or sublicense the Product. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Product);
2.8. You may not use the Product for any illegal purpose, or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy. You may not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
2.9. You may not remove, alter or delete any copyright notices, proprietary markings or confidential legends placed upon or contained within the Product;
2.10. You may not take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the Product;
2.11. You may not disclose any results of any benchmark tests, system characterization, data regarding the internal functional mechanisms or comparative analyses, of the Product unless approved in writing by an authorized representative of The Company;
2.12. You may not transfer more than 1GB, in the aggregate, through the Product in any calendar day;
2.13. You may facilitate or enable the use the Product, directly or indirectly, for your customers without the Company's prior written permission;
2.14. You hereby agree that all and any use, disclosure, transport or transmission of the Product will be in accordance with any applicable export control laws and regulations and agree that You are solely responsible for fulfilling any applicable governmental requirements in connection therewith. You agree to indemnify and hold the Company harmless from and against any claim, loss, liability or damage suffered or incurred by The Company resulting from or related to any violation by this paragraph.
Licensee may terminate this Agreement at any time by uninstalling the Product, and destroying all copies of the Product. Without prejudice to any other rights, the Company may terminate this Agreement upon a seven (7) prior written notice for any or no reason, and in addition this Agreement shall immediately terminate if Licensee fails to comply with the terms and conditions of this Agreement. In such event, Licensee must uninstall the Product and destroy all copies of the Product.
The parties' rights and obligations which, by their nature, would continue beyond the termination of this Agreement, including but not limited to those rights and obligations of the parties set forth in Sections 4 (Proprietary Rights), 5 (Confidentiality), 8 (Limitations of Liability), 9 (Release) and 10 (Miscellaneous) will survive such termination, cancellation or expiration.
4. Proprietary Rights.
Company retains exclusive ownership of the Product, related documentation and trademarks, all patent, copyright, trade secret, trade name and other intellectual property rights related to the Product, and all modifications, improvements, reports, recommendations and inventions in connection with the Product and all intellectual property rights therein (the "Developments"), whether prepared by Company or Licensee. Licensee assigns to Company all of its ownership rights in the Developments and shall cooperate with the Company as reasonably required to perfect such assignments.
5.1. "Confidential Information" shall be defined as the proprietary and confidential information and trade secrets of the Company (or its licensors if applicable) relating to the Product. Licensee agrees that the Product contains valuable proprietary information and that unauthorized dissemination or disclosure of the Software could cause the Company irreparable harm. For the term of this Agreement and an unlimited time afterwards, Licensee shall hold in strict confidence any such Confidential Information received from the Company and shall protect the confidentiality of such with the same degree of care as for its own information of like importance, but not less than reasonable degree of care.
Licensee undertakes to disclose the Confidential Information only to its employees who have to be so informed on a "need-to-know" basis and, which are bound by an agreement to maintain the Confidential Information in strict confidence (the "Authorized Personnel"). Licensee shall be responsible that the obligations contained herein are strictly observed by the Authorized Personnel.
5.2. Upon request by the Licensee, the Company shall advise the Licensee whether or not it considers any particular information or materials to be Confidential Information.
6. Injunctive relief
The Licensee understands that any violation of this Agreement would subject the Company to irreparable injury. Therefore, in addition to any remedies otherwise available, the Company will be entitled to injunctive relief or equitable relief as well as monetary damages as may be deemed proper or necessary by a court of competent jurisdiction.
7. Disclaimer of Warranty.
THE PRODUCT IS PROVIDED "AS IS". COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OR CONDITIONS WITH RESPECT TO THE PRODUCTS OR THE USE OR OPERATION THEREOF, WHETHER EXPRESS, IMPLIED, AND STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IT IS CLARIFIED THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE SOLELY BY THE LICENSEE.
8. Limitation of liability.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT,
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT EXCEED THE AMOUNT OF ONE DOLLAR ($1). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
YOU RELEASE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHODLERS, AGENTS AND AFFILIATES, HARMLESS FROM ALL LIABILITIES, CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY'S FEES RELATED IN ANY WAY TO YOUR USE OF THIS PRODUCT OR RELATED DAMAGES.
Licensee may not, without the prior written consent of Company, make any representation to a third party regarding its approval or disapproval of the Product.
This Agreement is the entire agreement between them, and supersedes any previous agreements regarding their subject matter. Licensee may not assign this Agreement except to a successor of all or substantially all of its business or assets.
If any provision of the Agreement is held to be void or unenforceable, such provision is amended to the extent necessary for the Agreement to be otherwise enforceable. No modification to the Agreement shall be binding, unless in writing and signed by the party to be charged. No failure or delay in exercising any right shall operate as a waiver thereof, nor will any partial exercise of any right hereunder preclude further exercise. This Agreement shall be governed by the laws of the State of Israel regardless of conflict of law rules. Any dispute arising out of or in connection with this Agreement shall be brought only in courts in Tel Aviv, Israel, which have exclusive jurisdiction over such disputes.
Last Updated: October 2017
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