CloudoBerry - Intelligent FinOps

Cloudoberry is licensed to You (End-User) by Cloudologix Ltd., located and registered at 71-75 Shelton Street, London WC2H 9JQ, UK, London, WC2H 9JQ, United Kingdom ('Licensor'), for use only under the terms of this License Agreement. Our VAT number is GB401622351.

By using the Licensed Software from, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement referred to in this License Agreement as 'Services'.

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Software, such as warranty, liability, maintenance, and support thereof. Cloudologix Ltd., not the Services, is solely responsible for the Licensed Software and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Software that are in conflict with the latest ('Usage Rules'). Cloudologix Ltd. acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

Cloudoberry, when accessed through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You.

1. The Software

Cloudoberry ('Licensed Software') is a software created to serve the business requirements of clients in the finance industry and law firms. This document will guide the development and implementation of Cloudoberry, a cost management solution for cloud resources, designed to address the challenges faced by these sectors in managing cloud costs efficiently. Cloudoberry aims to provide a unified, user-friendly interface for managing cloud costs, empowering various organizational roles to take responsibility for their resource usage and expenses. The solution is designed to integrate seamlessly with major cloud providers such as AWS, Azure, and GCP while maintaining high security and governance standards. Furthermore, it includes:


Objective	The primary objective of Cloudoberry is to provide an effective cost management solution that allows organizations in the finance industry and law firms to optimize their cloud expenditures, improve resource utilization, and enhance overall operational efficiency.
Goals	Shift the responsibility of cloud resource cost management from a centralized FinOps team to all organizational levels. Provide an easy-to-use interface of cloud platforms. Ensure secure access and governance through role-based access control (RBAC). Enable end users to manage and optimize their assigned resources, reducing unnecessary costs.
User Roles and Permissions	Super Admin (CCoE & FinOps Team), Team Admin (Software Owners, Team Leads), and End Users (Developers, Testers, Business Users).
Cloud Cost Management Features	Manual Start/Stop, Automated Start/Stop (Schedules), Disk Switching, Schedule Overwrites, Audit and Reporting, Cost Dashboard, Notifications.
Data Privacy and Security	Compliance with legal standards like GDPR, CCPA, and specific confidentiality requirements for financial and legal communications.
Data Ownership	Users own their data, with outlined provider rights to access and use it.
Compliance with Legal Standards	Meeting legal industry standards and regulations.
Audit Rights	Allowing finance and law firms to audit the provider’s compliance with security and data protection requirements.

2. SCOPE OF LICENSE

Cloudoberry ('Licensed Software') is a software created to serve the business requirements of clients in the finance industry and law firms. This document will guide the development and implementation of Cloudoberry, a cost management solution for cloud resources, designed to address the challenges faced by these sectors in managing cloud costs efficiently. Cloudoberry aims to provide a unified, user-friendly interface for managing cloud costs, empowering various organizational roles to take responsibility for their resource usage and expenses. The solution is designed to integrate seamlessly with major cloud providers such as AWS, Azure, and GCP while maintaining high security and governance standards.


Objective	The primary objective of Cloudoberry is to provide an effective cost management solution that allows organizations in the finance industry and law firms to optimize their cloud expenditures, improve resource utilization, and enhance overall operational efficiency.
Goals	Shift the responsibility of cloud resource cost management from a centralized FinOps team to all organizational levels. Provide an easy-to-use interface of cloud platforms. Ensure secure access and governance through role-based access control (RBAC). Enable end users to manage and optimize their assigned resources, reducing unnecessary costs.
User Roles and Permissions	Super Admin (CCoE & FinOps Team), Team Admin (Software Owners, Team Leads), and End Users (Developers, Testers, Business Users).
Cloud Cost Management Features	Manual Start/Stop, Automated Start/Stop (Schedules), Disk Switching, Schedule Overwrites, Audit and Reporting, Cost Dashboard, Notifications.
Data Privacy and Security	Compliance with legal standards like GDPR, CCPA, and specific confidentiality requirements for financial and legal communications.
Data Ownership	Users own their data, with outlined provider rights to access and use it.
Compliance with Legal Standards	Meeting legal industry standards and regulations.
Audit Rights	Allowing finance and law firms to audit the provider’s compliance with security and data protection requirements.

3. Technical Requirements

Licensor attempts to keep the Licensed Software updated so that it complies with modified/new versions. You are not granted rights to claim such an update.
You acknowledge that it is Your responsibility to confirm and determine that the software end-user device on which You intend to use the Licensed Software satisfies the technical specifications mentioned above.
Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. Maintenance and Support

The Licensor is solely responsible for providing any maintenance and support services for this Licensed Software. You can reach the Licensor at the email address listed in the Overview for this Licensed Software.
Cloudologix Ltd. and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Software.

5. User-Generated Contributions

The Licensed Software does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Software, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Licensed Software and through third-party websites or Softwares. As such, any Contributions you transmit may be treated in accordance with the Licensed Software Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Software, and other users of the Licensed Software to use your Contributions in any manner contemplated by the Licensed Software and this License Agreement.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Software and this License Agreement.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Software in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Software.

6. Contribution License

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Licensed Software, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Software. You are solely responsible for your Contributions to the Licensed Software and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

7. Liability

Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Software to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Software, You will not have access to the Licensed Software.

8. Warranty

Licensor warrants that the Licensed Software is free of spy-ware, trojan horses, viruses, or any other malware at the time of Your use. Licensor warrants that the Licensed Software works as described in the user documentation.
No warranty is provided for the Licensed Software that is not executable on the account, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Cloudologix Ltd.'s sphere of influence that affect the executability of the Licensed Software.
You are required to inspect the Licensed Software immediately after installing it and notify Cloudologix Ltd. about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of thirty (30) days after discovery.
If we confirm that the Licensed Software is defective, Cloudologix Ltd. reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
In the event of any failure of the Licensed Software to conform to any applicable warranty, You may notify Cloudologix. To the maximum extent permitted by applicable law, the Services will have no other warranty obligation whatsoever with respect to the Licensed Software, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Software was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

9. Product Claims

Cloudologix Ltd. and the End-User acknowledge that Cloudologix Ltd., and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Software or the End-User’s possession and/or use of that Licensed Software, including, but not limited to:

product liability claims;
any claim that the Licensed Software fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy, or similar legislation.

10. Legal Compliance

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and that You are not listed on any US Government list of prohibited or restricted parties.

11. Contact Information

For general inquiries, complaints, questions, or claims concerning the Licensed Software, please contact:

Anil Agarwal
71-75 Shelton Street,
London WC2H 9JQ,
UK London,
WC2H 9JQ United Kingdom
anila@cloudologix.com

12. Termination

The license is valid until terminated by Cloudologix Ltd. or by You. Your rights under this license will terminate automatically and without notice from Cloudologix Ltd. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Software, and destroy all copies, full or partial, of the Licensed Software.

13. Third-Party Terms of Agreements and Beneficiary

Cloudologix Ltd. represents and warrants that Cloudologix Ltd. will comply with applicable third-party terms of agreement when using Licensed Software. In Accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User License Agreement', subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

14. Intellectual Property Rights

Cloudologix Ltd. and the End-User acknowledge that, in the event of any third-party claim that the Licensed Software or the End-User's possession and use of that Licensed Software infringes on the third party's intellectual property rights, Cloudologix Ltd., and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

15. Applicable Law

This License Agreement is governed by the laws of England and Wales, English law, excluding its conflicts of law rules.

16. Miscellaneous

If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

End User License Agreement

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