CID Hub Terms of Use
These CID Hub Terms of Use ("Terms of Use") and the Agilent Technologies Software Support and Maintenance Terms and Conditions ("SMA Contract") are a legal binding agreement (together the "Agreement") between Customer and the Agilent entity ("Agilent") issuing access to the Connected Instrument Device Hub ("CID Hub"). These Terms of Use shall supersede any other provisions, terms and conditions set forth by Customer, and the rights of the parties shall therefore be governed exclusively by the provisions, terms and conditions set forth herein.
1. Definitions
(A) "Acceptable Use Policy" refers to and means the Acceptable Use Policy referenced in these Terms of Use.
(B) "Aggregated Data" means statistical data derived from the operations of the Services and/or Software which does not identify Customer nor any User.
(C) "Authorized Users" means Customer's employees and contractors who are authorized by Customer to use the Software and made known to Agilent and are the only users who may log in to the Software.
(D) "Confidential Information" means non-public information that (i) if disclosed in writing is marked "confidential" or "proprietary" at the time of such disclosure; or (ii) if disclosed orally or by visual presentation, is identified as "confidential" or "proprietary" at the time of such disclosure, and is summarized in a writing sent by the disclosing party to the receiving party within thirty (30) days after any such disclosure. Notwithstanding the foregoing, Confidential Information includes, but is not limited to Customer Data, Software, Services and Agilent's business policies, and practices.
(E) "Customer" means the legal entity you represent and to which Agilent will provide the Services and Software. If you are agreeing to this Agreement on behalf of a company, organization or other entity, you represent and warrant that you have the authority to enter into this Agreement on its behalf.
(F) "Customer Data" means Personal Data and information, data, results, plans, texts, files, links, images, photos, videos, samples, audio files, notes or other materials inputted into the Software by an Authorized User and the information resulting from the use of the Software.
(G) "Documentation" means manual, user guide, instructions for use, help release notes and any other documentation provided for use with the Software.
(H) "Permitted Use" means internal use in accordance with the Acceptance Use Policy and Documentation.
(I) "Personal Data" means any information owned or provided by or on behalf of Customer, in any form (including paper, electronic and other media), that Agilent Processes in connection with the performance of Agilent's rights and obligations under these Terms of Use that either directly or indirectly relates to an identified or identifiable natural person, such as Customer's employees, customers, subcontractors, partners or any other third party (including third parties' employees).
(J) "Process" or "Processing" any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, dis-closure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(K) "Services" means the CID Hub Software developed and owned by Agilent, made available through a URL in a hosted environment, together with any associated products and services. The Services are licensed, not sold. These Terms of Use grant the Customer limited rights to use the Software. The Services are provided to Customer's Authorized Users only.
(L) The "SMA Contract" means the Agilent Technologies Software Support and Maintenance Terms and Conditions for the CID Hub.
(M) "Software" means the software that Customer is granted access to via the Services.
(N) "Third Party Components" means any third-party software or database that is integrated with but not included in the Software. Third Party Components may be subject to a separate agreement.
2. Services
(A) Access to and use of the Software
Subject to the terms and conditions of the Agreement, Agilent grants Customer a non-exclusive and non-transferable license to access and use the Software and Documentation within Customer's Permitted Use.
(B) Authorized Users
Customer may only allow Authorized Users to access and use the Software and Documentation. An Authorized User may not share its right to use with other users. Customer will not make available, directly or indirectly, by any technical means, the Software or the Documentation accessible to other users than the Authorized Users. The actual number of Authorized Users may never exceed the number of Authorized Users authorized by Agilent. Customer shall ensure that all Authorized Users are made aware of and agree to comply with the terms of this Agreement. Customer is solely responsible for Customer Content and the use of the Services by the Authorized Users.
Customer agrees that:
(i) it shall maintain the confidentiality and security of passwords,
(ii) it shall obtain from Authorized Users any consents necessary to allow Agilent to provide the Services, and
(iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Agilent promptly of any such unauthorized use or access.
Customer shall not (and shall not permit Authorized Users to):
(i) sell, rent, lease, lend, sublicense, distribute, or otherwise transfer or provide access to the Services to any person, firm, or entity except as expressly authorized herein, access the Services to build a competitive service or product, or copy any feature, function or graphic for competitive purposes;
(ii) modify, adapt, alter or create derivative works from the Services or to merge the Services or any subpart thereof (including proprietary markings) with other services or software, or remove or modify any proprietary markings or restrictive legends in the Services.
(C) Availability and Interruption
The following factors may affect the availability of the Software:
(i) the suspension or termination of the Agreement;
(ii) circumstances outside of Agilent's reasonable control, including but not limited to any force majeure event;
(iii) any actions or inactions of Customer, or any other third party;
(iv) any problems with the Internet, Customer's infrastructure, Customer's equipment, Customer's software or other technology and/or third party's infrastructure, equipment or software (other than third party's equipment within Agilent's direct control).
(D) Location, Storage and Backup of Data
The Software will operate through the Internet in an application service provider (ASP) mode. Every CID Hub device uses APIs to access a shared AWS database. Customers are not allowed to connect to the database. The database is only accessible from within the cloud environment's private network, and it is not publicly accessible from the internet. The database uses the available automatic backup option of AWS to store encrypted backups.
(E) Support and Maintenance
Throughout the term, Agilent shall provide the Customer with access updates and software fixes that are developed and generally incorporated into the standard release of the Service available to its customers against no charge. Agilent retains sole discretion in defining what functionality constitutes an improvement versus an upgrade constituting new module or version (offered at additional cost).
(F) Scheduled Maintenance
Scheduled Maintenance typically occurs during the periods of low anticipated system usage, currently between 12:00am and 8:00am Eastern U.S. Time. During Scheduled Maintenance, certain components of the CID Hub may be offline, or may be operating in less redundant modes, or may be operating at reduced capacity levels, while maintenance is performed. Agilent will use commercially reasonable efforts to notify Customer via website postings of Scheduled Maintenance at least 24 hours in advance.
(G) CID Hub Release Cycles
Agilent may release updated versions of CID Hub multiple times per year, with each new major version indicated by a new major version number. Every CID release has a three-digit version number. The first two digits indicate the major version number, the last digit indicates the patch number. The initial release of the new version is for example called 5.1.0. Then, the next patch release which includes some bug fixes would be called 5.1.1. After the initial release of a major version, bug fixes are delivered in subsequent patch releases for the major version. Patch releases are created as appropriate. Bugs are defined as unwanted deviations between the implemented functionality and the designed functionality.
(H) Product feature request
This category allows customers to bring potential additions to the functionality of the CID Hub to Agilent's attention. The composition and timing of the CID Hub feature roadmap remains at all times the sole responsibility of Agilent, and no guarantee is given that suggested new features will be included in the product.
(I) System Availability
Agilent shall use commercially reasonable efforts to provide at least 99% System Availability in any given year (with unavailability excluding those periods in which Agilent is performing Scheduled Maintenance, or in which there is a Service Credit Exclusion (as defined in Service Credit Exclusions)).
(J) Service Credits
In the event that Agilent does not meet the System Availability Customer shall be entitled to service credits, in accordance with Service Credits table at the end of these Terms of Use. The Service Credits will be applied as a deduction to the Customer from Agilent on the next payment due. Service Credits may not be transferred or applied to any other Agilent account. Customer's sole and exclusive remedy for any unavailability or nonperformance of Services is a Service Credit (if eligible). The maximum cumulative amount for all applicable Service Credits in a year is 100% of the portion of that year's total contract fee for the affected Services paid by the Customer.
(K) System Availability Monitoring
System Availability is validated at least every 5 minutes. If the system is not available for three consecutive checks, or if Agilent or its partners become aware that user-initiated requests are unsuccessful, Agilent will escalate problem resolution.
(L) Calculation of Service Credits and Payment Procedures
Agilent shall use commercially reasonable efforts to monitor System Availability to determine, on an annual basis, if Customer is entitled to Service Credits. If Customer believes that it is entitled to Service Credits, Customer may submit a credit request by sending an e-mail to Agilent. If Agilent determines that Customer is entitled to Service Credits, then Agilent will issue Service Credits to Customer on the next payment due.
(M) Service Credit Exclusions
The System Availability service level does not apply to, and no Service Credits are available to Customer as a result of any unavailability, suspension, or termination of a Service (each, a Service Credit Exclusion) caused by:
(i) factors outside Agilent's reasonable control, including any Force Majeure event,
(ii) actions or inactions of the Customer or any third party,
(iii) other non-Agilent equipment, software or technology, including but not limited to any software or hardware that interferes with Customer's CID Hub such as Wi-Fi, firewall, etc.,
(iv) Scheduled Maintenance, or
(v) a Service suspension or termination of the Customer's right to use the Service in accordance with the terms of the Agreement.
3. Customer Obligations
(A) Use
Except as otherwise expressly provided for in the Agreement, Customer agrees to use the Services in accordance with the Acceptable Use Policy found herein Exhibit A to these Terms of Use.
(B) Intended Use
Customer will use Software in accordance with its intended use. Customer is responsible for ensuring that the way that it uses Software complies with all applicable laws and regulations.
4. Disclaimer & Warranty
To the maximum extent permitted by applicable law:
(A) the Services and the Software are provided "as-is".
(B) AGILENT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, AND AGILENT SPECIFICALLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, regarding the Services.
(C) Agilent does not warrant that the Services will be accurate, complete or without error.
(D) the use of the Services is entirely at Customer's risk and Agilent makes no warranties as to the accuracy, quality or reliability of the reports, results, data or other information obtained by or from accessing and using the Services.
(E) Agilent does not warrant that the communications to or through the use of the Services will be un-interrupted or error free, and Agilent does not warrant that the communications will be secure or that Customer Data will not be lost, damaged or corrupted. Should the Services prove defective, Customer assumes the entire risk and cost resulting from the defect. There is an inherent risk in electronic storage and in the transmission of data over the internet. Except as expressly provided below, at no time will Agilent be responsible for lost data or recovering or retrieving any data stored or transmitted by Customer in using the Services or for any unauthorized access. In the event of any loss or damage to Customer's Data by Agilent during the term or, if applicable, any agreed extension thereof, Customer's sole and exclusive remedy shall be for Agilent to use commercially reasonable efforts to restore the lost or damaged data. Agilent will complete daily database backups.
(F) In the event of any loss or damage to Customer Data by Agilent during the term or, if applicable, term, Customer's sole and exclusive remedy shall be for Agilent to use commercially reasonable efforts to restore the lost or damaged Customer Data to the last available back up.
5. Confidentiality
Each party agrees to keep confidential the Confidential Information received from the other party and to protect the confidentiality thereof in the same manner as it would protect the confidentiality of its own Confidential Information. Each party shall exercise at least a reasonable degree of care in the protection of Confidential Information.
Information shall cease to qualify as Confidential Information which is:
(i) publicly available without breach of this Agreement,
(ii) rightfully obtained by the receiving party from another source without a duty of confidentiality,
(iii) independently developed or ascertained by the receiving party,
(iv) already in the receiving party's possession without a duty of confidentiality, or
(v) required to be disclosed under operation of law provided the disclosing party has been given reasonable advance notice to object to such disclosure.
6. Fees and Payment
Prices exclude any applicable sales, value added or similar tax payable by Customer. Payment terms are per the quotation or order acknowledgement and are subject to change if Customer's financial condition or payment records so warrants. Agilent may stop performance if Customer fails to pay any sum due, or fails to perform under this or any other Agilent agreement if, after ten (10) days written notice, the failure has not been cured.
7. Intellectual Property Rights
(A) Ownership
Subject to the limited rights expressly granted herein, all right, title and interest in and to the Services and Software, including all rights in and to patents, copyrights, trademarks, and all other intellectual property rights in the Services and Software will remain with Agilent or its third party suppliers. No rights are granted to Customer hereunder other than as expressly set forth herein.
(B) Feedback
Customer acknowledges and agrees that Agilent will own all right, title and interest in and to any suggestions, recommendations or feedback ("Feedback") provided by Customer to incorporate into or improve the Services. Agilent will be entitled to use the Feedback without restriction or compensation to Customer. Customer hereby irrevocably assigns to Agilent all right, title, and interest in and to the Feedback.
(C) Third Party Data
To the extent that Customer uploads third party data from external sources such as public or private databases, Customer warrants that it has all appropriate rights and licenses from such external sources to access, copy, up-load, and use such data.
8. Termination
(A) Term
The term of the Agreement is as specified in the SMA Contract.
(B) Access
Upon termination Customer will no longer have access to the Services.
(C) Data Retention
During the thirty (30) days following termination or the expiration of the Agreement, Agilent will maintain Customer's Data as described above. After the thirty (30) day period, Agilent will have no obligation to retain Customer's Data. Agilent may retain copies of the data in accordance with its legal and regulatory obligations.
(D) Suspension of Service
Agilent may monitor the Services for a violation of these Terms of Use, applicable law and third party rights and may, in its sole discretion, suspend access to the Services for the duration of any such violation and remove applicable Customer Data. Customer agrees that Agilent will not be liable to Customer or any Authorized User if Agilent exercises its suspension rights as permitted by this Section. Agilent shall use reasonable efforts to re-establish the Services after the issue triggering the suspension has been resolved.
9. Ownership, Use, and Processing of Data Including Personal Data
(A) Limited License to Customer Data
As between Customer and Agilent, and subject to the limited rights granted by Customer herein, Customer owns all right, title and interest in and to all Customer's Data. Customer grants to Agilent during the term of this Agreement a non-exclusive, royalty-free, fully-paid, transferable license to host, cache, record, copy, transmit, store and display Customer's Data in order to provide and improve the Services and any other products and services provided by Agilent and respond to technical problems, comply with the law or an order of a government or regulatory body or at Customers' request.
(B) Aggregated Data
Agilent owns the Aggregated Data derived from the operations of the Services, including, without limitation, the number of records in the Services, the number and types of transactions, configurations, and reports processed in the Services, and the performance results for the Services. Nothing herein shall be construed as prohibiting Agilent from utilizing the Aggregated Data, provided that such use will not reveal the identity, whether directly or indirectly, of Customer or any Authorized User.
(C) Personal Data
Customer acknowledges and agrees to each of the following:
(i) Agilent may Process non-sensitive Personal Data such as contact details relating to Customer and its employees, agents, and contractors to enable Customer to order products or services, make requests, register for customized communications programs and enhance Customer's experience on Agilent's websites in accordance with Agilent's privacy policy at https://www.agilent.com/home/privacy-policy. Customer shall ensure that Agilent's privacy policy is provided or made available to its employees, agents, and subcontractors.
(ii) In the event that any Customer Data input in the Software contains Personal Data, Agilent shall Process such Personal Data on behalf of Customer in accordance with the terms of the Agilent Data Processing Agreement, available at https://www.agilent.com/en/contracting-with-agilent/data-processing-agreement, which includes, where applicable, the EU Standard Contractual Clauses (controller to non-EU processor per Decision 2010/87/EU).
(iii) At Customer's request, the parties shall negotiate in good faith and execute additional appropriate data processing agreements required under applicable law.
(D) Statistical Information
Agilent may anonymously compile statistical information related to the performance of the Software and/or Services for purposes of improving the Software and/or the Services, provided that such information does not identify Customer Data or include Personal Data.
(E) Customer Warranties on Data
Customer warrants that, in view of the use of the Customer Data and Personal Data referred to in Section 9:
(i) Customer is legally entitled to transfer all Customer Data and Personal Data to Agilent, and
(ii) any and all transfers and processing of Customer Data and Personal Data comply fully with all laws, statutory rules and codes of practice, to which Customer is subject; and
(iii) Customer has obtained all appropriate permits, certifications and consents (including but not limited to, from the relevant data subjects/patients, institutional review board (IRB) legal and ethical approval, for submitting Customer Data, whether submitted by Customer through the automated submission features in the Software, or submitted at the request of Customer.
10. Limitation of Liability
(A) IN NO EVENT WILL AGILENT, ITS SUBCONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST REVENUE, THE COST OF PROCURING SUBSTITUTE SERVICES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In addition, AGILENT WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM:
(i) CUSTOMER'S INABILITY TO ACCESS OR USE THE SERVICES, IN CASE OF TERMINATION OR SUSPENSION OF THIS AGREEMENT OR CUSTOMER'S ACCESS TO THE SERVICES OR DISCONTINUATION OF THE SERVICES, or
(ii) ANY UNAUTHORIZED ACCESS, ALTERATION OF, DELETION, CORRUPTION OR LOSS OF CUSTOMER'S DATA, or
(iii) ANY FAILURE TO TRANSMIT OR RECEIVE ANY DATA.
If Customer has not paid individually any amounts in the 12 months preceding your claim, Agilent's sole and exclusive liability shall be no more than $100.
(B) The exclusions and limitations in Clause 10(A) shall apply to the fullest extent permissible at law but Agilent does not exclude and/or limit liability for death or bodily injury caused by the gross negligence of Agilent, its officers, employees, contractors or agents.
(C) THE REMEDIES IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES.
11. Indemnification by Customer
Customer will defend, indemnify and hold Agilent and Agilent's officers, directors, employees, consultants, agents, and suppliers harmless against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with any suit, action or claims (a "Claim") made or brought against Agilent by a third party arising out of or related to Customer's Data, or Customer's use of the Services in violation of this Agreement. This is provided Agilent promptly notifies Customer in writing and provides control of the defense or settlement, and reasonable assistance to Customer. If Customer does not diligently pursue resolution of the Claim nor provide Agilent with reasonable assurances that Customer will diligently pursue resolution, then Agilent, without in any way waiving or limiting its other rights and remedies, may defend the Claim.
12. Miscellaneous
(A) Entire Agreement - Modifications
The Agreement constitutes the entire understanding and agreement between Customer and Agilent. The Agreement replaces all prior negotiations and dealings between Customer and Agilent pertaining to the Software and Services. The Agreement cannot be modified unless by an instrument in writing signed by Customer and Agilent.
Unless otherwise stated, in the event of a conflict precedence will be given to the respective parts in the following descending order:
(i) The SMA Contract
(ii) The Terms of Use
(iii) The Acceptable Use Policy
(B) Severability
If any provision of the Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
(C) Law Compliance
The parties agree to comply with applicable laws and regulations (including all applicable export control and data privacy and security laws and regulations) with respect to its activities under these Terms of Use. Agilent may suspend performance if Customer is in violation of applicable laws or regulations.
(D) Audit
Agilent may audit Customer's use of the services against the terms of the Agreement upon thirty (30 days) prior written notice and limited to once every year. Agilent agrees not to unreasonably interfere with Customer's business operations and Customer agrees to reasonably cooperate with Agilent in order to complete the audit.
(E) Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the State of California, USA. Customer hereby consents to the jurisdiction and venue of in the State or Federal courts located in the County of Santa Clara, California. The Uniform Laws of the United Nations Convention of Contracts for the International Sale of Goods shall not apply. This is without prejudice to Agilent's right to initiate legal proceedings against Customer for the recovery of unpaid invoices under Customer's local laws before the competent courts of Customer's domicile.
(F) Assignment
Customer may not assign or transfer this Agreement without Agilent's prior written consent. Agilent may assign or transfer any of its rights or obligations under this Agreement upon notice in connection with a merger, reorganization, transfer, sale of assets or product lines, demerger or spin-off transaction or change of control or ownership of Agilent, or its permitted successive assignees or transferees. Any assignment in violation of this Clause will be null and void.
(G) Independent Contractors
Agilent and Customer are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
(H) Export Control
If Customer, including its affiliates, or collaborators, exports, re-exports, transfers products, technology/software/technical data subject to this Agreement, Customer assumes all responsibility for complying with all applicable U.S., EU and/or all relevant local export controls laws and regulations and embargoes/sanctions regimes. Customer, including its affiliates, shall obtain all the necessary governmental authorizations prior to an export, re-export and/or transfer. Customer, including its affiliates or collaborators, also expressly agrees not to, unless it has obtained all necessary governmental authorizations, to directly or indirectly sell, authorize, facilitate and/or transfer any products, technology, software or technical data subject to this Agreement and/or allow any access to the Software and/or up/down load any data (including but not limited to Personal Information), and/or to provide or receive Personal Information to or from end-destinations, entities and/or individuals subject to U.S., EU and/or relevant local export controls and embargoes/sanctions regimes. Embargoed end-destinations shall include, but not be limited to Cuba, Iran, North Korea, Sudan and Syria. Agilent may, without notice, suspend performance if Customer is in violation of applicable laws.
(I) Delays
Agilent will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control.
(J) U.S. Federal Government
The Services, including related software and technology, are provided to the federal government in accordance with the following: software and technical data rights granted to the federal government include only those rights customarily provided to end user customers. Agilent provides this customary commercial license in software and technical data pursuant to FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for the Department of Defense, DFARS 252.227-7015 (Technical Data Commercial Items) and DFARS 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation).
(K) Waiver
The failure by Agilent to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit Agilent's right to enforce such provision at a later time. All waivers by Agilent must be in writing to be effective.
(L) English
The parties to this Agreement have agreed that all correspondence and related documentation to this Agreement and associated with the Software shall be rendered in English.
13. Open Source and Other Third Party Software
The Software may utilize third party software made available under various open source and third party software licenses ("Third Party Components"). The terms associated with the Third Party Components are listed in the table below.
You agree to comply with all applicable terms. In addition to the warranty disclaimers contained in the terms associated with the Third Party Components, Agilent makes the following disclaimers regarding the Third Party Components on behalf of itself, and the copyright holders, contributors, and licensors of the Third Party Components:
To the maximum extent permitted by applicable law, the Third Party Components are provided by the copyright holders, contributors, licensors, and Agilent "as is". AGILENT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, OR TRADE USAGE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In no event will the copyright owner, contributors, licensors, or Agilent be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption), however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Third Party Components.
For source code conveyance requests, please contact Legal@Agilent.com.
| 3rd-party component/application (incl. version) | Reason | License |
|---|---|---|
| Oracle Linux 8.7 | Free version of Red Hat Enterprise Linux | Oracle Linux Licensing Policy (GPLv2) |
| chrony (Oracle Linux package) 4.2.1 | Clock synchronization | GPLv2 |
| Cockpit (Oracle Linux package) 276.1 | Web based Linux console | Cockpit license (LGPL 2.1) |
| Cockpit-machines (Oracle Linux package) 276.1 | Cockpit module for managing VMs | Cockpit-machines license (LGPL 2.1) |
| Cockpit-podman (Oracle Linux package) 53.1 | Cockpit module for managing containers | Cockpit-podman license (LGPL 2.1) |
| curl (Oracle Linux package) 7.68.0 | Command line utility to fetch web pages | curl license (MIT-ish) |
| jq (Oracle Linux package) 1.6 | Command-line JSON processor | jq license (MIT) |
| KVM/libvirt (Oracle Linux package) 8.0.0 | API for managing KVM | libvirt license (GPL V2) |
| bind-utils (Oracle Linux package) 32.9.11 | Utility for retrieving information from DNS nameservers | bind-utils License (GPL) |
| KVM/virt-install (Oracle Linux package) 3.2.0 | Command line tool to create a VM | virt-manager license (GPL V2) |
| localproxy 2.1.0 | Local proxy for the AWS secure tunneling service | localproxy license (Apache 2.0) |
| Phoronix | Performance test tool | Phoronix license (GPL v3) |
| pipenv latest | Python dependency manager | pipenv license (MIT) |
| podman 4.2 | Lightweight OCI (Docker) container manager | podman license (Apache 2.0) |
| PowerShell 7.0.0 | Windows PowerShell utility | PowerShell license (MIT) |
| PSWindowsUpdate 2.2.0.2 | PowerShell utility for programmatic Windows updates | MIT (from powershellgallery terms of use) |
| pyarmor 6.7.0 | Python obfuscation utility | pyarmor license (commercial license) |
| python 3.11 | Programming language | python license |
| nmap 7.92 | Check connectivity to internet/intranet endpoints on port 443 | nmap license |
| cifs-utils 7.0 | Enables mounting and managing SMB/CIFS shares (network file systems) | GNU V2 |
| clamav 1.0.5 | Antivirus engine designed to detect trojans, viruses, malware, and other threats | clamav license |
| beep 1.4.12 | Generating CID speaker beeps for connectivity scenarios | GNU V2 |
| tini 0.19.0 | init process for containers | tini license (MIT) |
| wget (Oracle Linux package) 1.19.5 | Command line utility to fetch web pages | wget license (GPL V3) |
| Oracle Linux 8.7 | Base image for container | Oracle Linux Licensing Policy (GPLv2) |
| AWS IoT SDK-Python 1.3.1 | Device side SDK for AWS IoT | AWS SDK IoT-Python license (Apache 2.0) |
| curl (Oracle Linux package) 7.68.0 | Command line utility to fetch web pages | curl license (MIT-ish) |
| dictdiffer (python) 0.8.1 | Python module for dictionary handling | dictdiffer license (MIT) |
| flatten-dict (python) 0.3.0 | Python module for flattening dictionaries | flatten-dict license (MIT) |
| getmac (python) 0.8.2 | Python module for getting mac address | getmac license (MIT) |
| localproxy 2.1.0 | Local proxy for the AWS secure tunneling service | localproxy license (Apache 2.0) |
| nano (Oracle Linux package) 4.8 | Text editor | nano license (GPL V3) |
| nginx (Oracle Linux package) 1.18.0 | Reverse proxy | nginx license (BSD 2-clause) |
| noVNC 1.2.0 | Browser based VNC client | noVNC license (MPL 2.0 and others) |
| pipenv latest | Python dependency manager | pipenv license (MIT) |
| podman 4.3 | Lightweight OCI (Docker) container manager | podman license (Apache 2.0) |
| PowerShell 7.0.0 | Windows PowerShell utility | PowerShell license (MIT) |
| pyarmor 6.7.0 | Python obfuscation utility | pyarmor license (commercial license) |
| python (Oracle Linux package) 3.11 | Programming language | python license |
| python pip (Ubuntu package) 20.0.2 | Python package installer | pip license (MIT) |
| requests (python) 2.24.0 | Python http module | requests license (Apache 2.0) |
| ssh (from Ubuntu) 18.2p1 | Secure shell utility | openssh license (BSD or more free) |
| websockify (from Ubuntu) 0.9.0 | Websocket tunnel service | websockify license (LGPL 3.0) |
| wget (CentOS package) 1.19.5 | Command line utility to fetch web pages | wget license (GPL V3) |
| microdnf 3.8 | Lightweight C implementation of DNF, designed to be used for doing simple packaging actions | GPL V2 |
| OpenSSH (included with Windows) 8.1.0 | Secure shell utility | OpenSSH license |
| PowerShell 7.0.0 | Windows PowerShell utility | PowerShell license (MIT) |
| Agilent Web Framework 3 | Agilent Angular component library | |
| Amazon-Cognito-Auth-JS 1.3.2 | JS SDK for logging into Cognito | Amazon-Cognito-Auth-JS license (Apache 2.0) |
| Angular 8.2.6 | Programming language | Angular license (MIT) |
| bootstrap 4.3.1 | JS, HTML, CSS framework | bootstrap license (MIT) |
| core.js 2.5.4 | Standard JS library | core.js license (MIT) |
| css-vars 2.2.0 | CSS mixin | css-vars license (MIT) |
| jwt-decode 3.0.0 | JS library for decoding JSON Web Tokens | jwt-decode license (MIT) |
| metismenujs 1.1.0 | JS menu plugin | metismenujs license (MIT) |
| momentjs 2.26.0 | JS date/time formatter | momentjs license (MIT) |
| ng-bootstrap 5.1.1 | Bootstrap widgets for Angular | ng-bootstrap license (MIT) |
| ngx-json-viewer 2.4.0 | JSON formatter for Angular | ngx-json-viewer license (MIT) |
| ngx-toastr 10.0.4 | Toast component for Angular | ngx-toastr license (MIT) |
| ngx-translate 10.0.0 | Internationalization library for Angular | ngx-translate license (MIT) |
| Okta Angular 2.2.0 | Okta Angular API | Okta Angular license (Apache 2.0) |
| rxjs 6.2.2 | Reactive extensions | rxjs license (Apache 2.0) |
| rxjs-compat 6.5.1 | Reactive extensions | Apache 2.0 |
| semver 7.3.5 | Semantic versioning library | semver license (ISC) |
| zone.js 0.9.1 | Implements Zones for Javascript | zone.js license (MIT) |
| alembic 1.11 | Database migration tool | alembic license (MIT-ish) |
| AWS: API Gateway latest | API Gateway service | commercial |
| AWS: CloudFront latest | AWS Content Delivery Service | commercial |
| AWS: CloudWatch latest | AWS logging and performance monitoring service | commercial |
| AWS: IoT latest | AWS IoT service | commercial |
| AWS: Lambda latest | Serverless API service | commercial |
| AWS: RDS latest | Managed database service | commercial |
| AWS: RDS: PostgreSQL latest | Database | PostgreSQL license |
| AWS: S3 latest | AWS storage service | commercial |
| Boto3 1.17.33 | AWS SDK for Python | Boto license (Apache 2.0) |
| Flask 1.1.2 | Python web application framework | Flask license (MIT-like) |
| Flask-CORS 3.09 | Flask extension for handling Cross Origin Resource Sharing | Flask-CORS license (MIT) |
| Jinja | Python templating language | Jinja license (BSD 3-clause) |
| pipenv | Python dependency manager | pipenv license (MIT) |
| python 3.11 | Programming language | python license |
| Marshmallow (python) 3.11 | Serialization utility | marshmallow license (MIT) |
| okta_jwt (python) 1.3.5 | Okta JWT Access Token verifier | okta_jwt license (MIT) |
| packaging (python) 20.9 | Reusable core utilities for various Python Packaging interoperability specifications | packaging license (Apache 2.0 or 2-clause BSD) |
| pg8000 (python) 1.16.5 | Python interface to PostgreSQL | pg8000 license (BSD 3-clause) |
| pyjwt (python) 1.7.1 | JSON Web Token implementation in Python | pyjwt license (MIT) |
| requests (python) 2.24.0 | Python http module | requests license (Apache 2.0) |
| SQLAlchemy 1.3.19 | Python SQL Toolkit and Object Relational Mapper | SQLAlchemy license (MIT) |
| Zappa 0.52.0 | Installation utility for serverless AWS Python apps | zappa license (MIT) |
| Oracle Linux 8.7 | Free version of Red Hat Enterprise Linux | Oracle Linux Licensing Policy (GPLv2) |
| jq (Oracle Linux package) 1.5 | Command-line JSON processor | jq license (MIT) |
| podman 2.0.5 | Lightweight OCI (Docker) container manager | podman license (Apache 2.0) |
| Oracle Linux 8.7 | Base image for container | Oracle Linux Licensing Policy (GPLv2) |
| AWS: API Gateway latest | API Gateway service | commercial |
| AWS: Secure tunnel latest | AWS IoT secure tunnel service | commercial |
| Boto3 1.17.33 | AWS SDK for Python | Boto license (Apache 2.0) |
| curl (Oracle Linux package) 7.68.0 | Command line utility to fetch web pages | curl license (MIT-ish) |
| Flask 1.1.2 | Python web application framework | Flask license (MIT-like) |
| Gunicorn 20.0.4 | WSGI HTTP server | Gunicorn license (MIT) |
| Jinja | Python templating language | Jinja license (BSD 3-clause) |
| localproxy | Local proxy for the AWS secure tunneling service | localproxy license (Apache 2.0) |
| nano (Oracle Linux package) 4.8 | Text editor | nano license (GPL V3) |
| nginx (Oracle Linux package) 1.18.0 | Reverse proxy | nginx license (BSD 2-clause) |
| noVNC | Browser based VNC client | noVNC license (MPL 2.0 and others) |
| pipenv | Python dependency manager | pipenv license (MIT) |
| python (From Oracle Linux) 3.11 | Programming language | python license |
| python pip (from Oracle Linux) 20.0.2 | Python package installer | pip license (MIT) |
| ssh (from Oracle Linux) 18.2p1 | Secure shell utility | openssh license (BSD or more free) |
| websockify (from Oracle Linux) 0.9.0 | Websocket tunnel service | websockify license (LGPL 3.0) |
| PostgreSQL 16.0 | Open source object-relational database system | PostgreSQL MIT license |
| Alpine Linux | Docker image for Alpine Linux | MIT license |
| python 3.11 | Programming language | python license |
| python pip (from Oracle Linux) 20.0.2 | Python package installer | pip license (MIT) |
| ssh (from Oracle Linux) 18.2p1 | Secure shell utility | openssh license (BSD or more free) |
14. Service Credits
| Service Level Name | Calculation | Annual Minimum Service Level | Service Credit |
|---|---|---|---|
| System Availability | Annual System Availability equals Unscheduled Downtime divided by Scheduled Service Uptime for that year. Example: In a 365 day year Scheduled Service Uptime may be 525,600 minutes, if there were 1,000 minutes of Unscheduled Downtime then the System Availability for that year would be 99.809% (calculated as follows: $\frac{524,600}{525,600}=99.809%$). | The service level for annual System Availability is 99%. | If System Availability for a year is less than 99%, Customer shall be entitled to a Service Credit equivalent to the amount of unscheduled service downtime in excess of 0.1%, divided by the amount of Scheduled Service Uptime for that year, and multiplied by the portion of the total recurring fee for that year for the affected Services payable by Customer. The maximum cumulative credit for any and all applicable Service Credits in a year is 100% of the portion of the total recurring fee for that year for the affected Services payable by Customer. |
Version 1.0, Date 01-Jan-2026