1. Definitions

1.1 “Authorized User”

“Authorized User” means you and, if you are an organization, your employees, individual contractors, instructors, students, researchers, or other personnel whom you authorize to use the Software on your behalf and who are subject to obligations consistent with this Agreement.

You are responsible for the use of the Software by your Authorized Users.

1.2 “Community Deployment”

“Community Deployment” means one active installation and operational instance of STRATUM Community on one Host.

Restarts, reinstalls, upgrades, and replacement containers on the same Host do not create a separate Community Deployment.

1.3 “Documentation”

“Documentation” means the user guides, installation instructions, release notes, technical materials, and other documentation that STRATUM makes available for the Software.

1.4 “Host”

“Host” means one physical Linux server on which STRATUM Community is installed or operated.

A Host may include any number of processors, processor sockets, CPU cores, memory devices, storage devices, network interfaces, GPUs, or other supported accelerators.

Virtual machines, containers, virtual switches, virtual firewalls, and other virtual systems created or managed within STRATUM Community do not count as additional Hosts.

A virtual machine, nested hypervisor, container, partition, or similar abstraction does not create an additional Host entitlement. The physical server on which that environment ultimately operates is the Host for purposes of this Agreement.

1.5 “License File”

“License File” means a license key, signed license file, activation record, entitlement, token, credential, or other mechanism issued by STRATUM to authorize use of the Software.

1.6 “Non-Production Use”

“Non-Production Use” means use of the Software solely for one or more of the following purposes:

1. personal learning or homelab use;
2. classroom instruction, education, or technical training;
3. academic, scientific, or independent research;
4. demonstrations, tutorials, reviews, or technical presentations;
5. software development and testing;
6. cybersecurity laboratory or cyber-range activities that do not protect or operate live production systems;
7. proof-of-concept, proof-of-value, architecture review, compatibility testing, or technical evaluation;
8. experimentation with virtual machines, networking, storage, automation, GPU resources, infrastructure design, or related technologies; or
9. other internal technical exploration that does not constitute Production Use.

Non-Production Use may occur within a commercial, nonprofit, educational, research, or government organization, provided the Software is not used for Production Use.

1.7 “Production Use”

“Production Use” means using the Software or a Community Deployment to operate, host, support, protect, recover, or provide infrastructure or services that are relied upon for ongoing business, customer, governmental, operational, or mission activities.

Production Use includes, without limitation:

1. hosting customer-facing, public-facing, or revenue-generating systems;
2. operating systems or services used in the ordinary course of an organization’s business or mission;
3. providing infrastructure as a managed service, hosting service, service bureau, or commercial platform;
4. operating live security, monitoring, identity, network, storage, compute, or infrastructure-management services;
5. serving as a production backup, replication, failover, business-continuity, or disaster-recovery environment;
6. storing or processing authoritative production data;
7. operating workloads where loss, corruption, interruption, or unavailability could materially affect an organization or another person; or
8. using the Software as part of a live operational, mission-critical, safety-critical, or production environment.

A development, testing, training, demonstration, or laboratory environment does not become Production Use merely because it is maintained by a commercial or government organization. Its actual function and operational reliance determine whether it is Production Use.

1.8 “Software”

“Software” means the STRATUM Community software made available under this Agreement, including the STRATUM container image, executable code, user interface, supporting components developed by STRATUM, License Files, updates, and accompanying Documentation.

Software does not include third-party software components that are separately licensed under their own terms.

1.9 “User Content”

“User Content” means virtual machines, disk images, software, data, configurations, network designs, templates, credentials, logs, files, and other content that you create, import, store, process, or manage using the Software.

2. Eligibility

You may accept this Agreement only if:

1. you are legally capable of entering into a binding agreement;
2. you are at least 18 years old or have reached the age of legal majority where you live;
3. all registration information you provide is accurate and current;
4. you are not prohibited from receiving or using the Software under applicable law; and
5. your intended use complies with this Agreement.

If you accept this Agreement on behalf of a government agency or other public-sector organization, you represent that you are authorized to accept software license terms on its behalf. Any terms that cannot legally apply to that organization will apply only to the maximum extent permitted by applicable law.

3. Community License Grant

Subject to your continued compliance with this Agreement, STRATUM grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license during the License Term to:

1. download and install the Software;
2. operate one Community Deployment on one Host;
3. permit Authorized Users to access and use that Community Deployment on your behalf;
4. use the Software solely for Non-Production Use;
5. make copies reasonably necessary to install, operate, update, and back up the Software; and
6. use the Documentation in connection with your permitted use of the Software.

Unless STRATUM expressly approves otherwise in writing, you may maintain only one active Community Deployment and one active Community License at a time.

This Agreement licenses the Software to you. It does not sell the Software or transfer ownership of it to you.

4. Included Single-Host Capacity

Within the technical capacity of your Host, this Agreement does not impose a contractual limit on:

1. physical CPU cores;
2. processor sockets;
3. physical memory;
4. locally operated virtual machines;
5. locally operated containers;
6. virtual networks;
7. virtual switches;
8. virtual firewalls;
9. virtual ports or connections;
10. local storage capacity; or
11. supported GPUs or accelerators.

This section does not guarantee that every hardware configuration, operating system, workload, device, or capacity level is technically supported or suitable.

The Documentation may identify technical requirements, tested configurations, and practical operating limits.

5. Single-Host Limitation

STRATUM Community is licensed only for single-host operation.

You may operate the STRATUM control plane and local compute functions together on the licensed Host.

You may not use STRATUM Community to:

1. add or manage external worker Hosts;
2. distribute STRATUM workloads across multiple physical Hosts;
3. create a multi-host STRATUM cluster;
4. enable distributed scheduling or distributed infrastructure operation;
5. perform cross-host migration through STRATUM;
6. combine multiple Community Licenses to create a distributed production or non-production cluster; or
7. circumvent or disable the single-host limitation.

A separate STRATUM Enterprise Evaluation or commercial subscription is required to evaluate or operate multi-host and distributed capabilities.

6. Permitted Public Community Activities

You may publish truthful reviews, articles, screenshots, tutorials, demonstrations, recordings, and benchmark results concerning your lawful use of STRATUM Community.

When doing so, you must:

1. protect confidential information, personal information, credentials, and data belonging to others;
2. accurately describe the version and configuration tested when publishing benchmark or performance results;
3. not falsely imply that STRATUM sponsors, certifies, endorses, or is affiliated with you or your content; and
4. comply with applicable trademark and brand guidelines.

You may accurately state that you use, evaluate, teach, demonstrate, or create content about STRATUM Community.

7. Restrictions

Except where this Agreement expressly permits it, you may not:

1. use the Software for Production Use;
2. operate the Software on more than one Host at a time;
3. share, publish, sell, sublicense, rent, lease, transfer, or distribute your License File;
4. allow another unrelated person or organization to use your Community License;
5. resell, sublicense, host, or provide the Software as a managed service, service bureau, time-sharing service, or commercial hosting service;
6. use the Software to provide paid infrastructure services to third parties;
7. circumvent, disable, remove, or interfere with license enforcement, activation, expiration, host limits, security controls, or technical restrictions;
8. alter, remove, obscure, or destroy copyright, trademark, attribution, license, or proprietary notices;
9. copy or distribute the Software except as expressly permitted by this Agreement;
10. modify, translate, adapt, reverse engineer, decompile, disassemble, or attempt to derive the source code, internal design, proprietary algorithms, License File format, or nonpublic interfaces of the Software, except to the limited extent applicable law expressly permits such activity despite this restriction;
11. use the Software or Documentation to violate applicable law, infringe the rights of another person, gain unauthorized access to systems or data, or conduct malicious activity;
12. introduce malware into STRATUM distribution systems, licensing systems, community systems, or services;
13. misrepresent your identity, country, intended use, eligibility, or deployment characteristics when requesting or renewing a Community License; or
14. assist another person in doing any of the foregoing.

Nothing in this Agreement restricts rights that you receive directly under an applicable open-source license covering a third-party component.

8. Moving the Community Deployment

You may move your Community Deployment to a replacement Host, provided that:

1. you first stop using and deactivate or uninstall the Software from the previous Host;
2. no more than one Community Deployment is active at a time;
3. the new Host is used only for Non-Production Use; and
4. you obtain a replacement License File if required.

Temporary overlap reasonably necessary to complete a hardware replacement or data transfer is permitted, provided you do not operate both Hosts as active STRATUM environments and complete the transfer promptly.

9. License Term

A Community License is valid for the period stated in its License File, which is ordinarily 90 days from issuance unless STRATUM specifies a different period.

The “License Term” begins when the Community License is issued or activated and ends on the expiration date stated in the License File, unless terminated earlier under this Agreement.

The Software may stop operating, restrict access, or decline to start after the License Term expires.

You are responsible for requesting renewal before expiration and for maintaining appropriate backups and access to your User Content.

10. Free Renewal

While the STRATUM Community program remains available, an eligible Licensee may request renewal of a Community License at no charge.

Renewal is subject to:

1. continued compliance with this Agreement;
2. continued eligibility for Community use;
3. confirmation or updating of your email address, country, and intended use;
4. acceptance of the then-current Community License Agreement, if it has changed; and
5. any reasonable license-issuance or validation procedures then in effect.

Community Licenses do not renew automatically unless STRATUM expressly provides an automatic-renewal mechanism.

STRATUM may refuse or revoke renewal when it reasonably believes that:

1. the Software is being used in violation of this Agreement;
2. registration information is materially inaccurate or misleading;
3. the Community License is being shared or used on multiple Hosts;
4. the Software is being used for Production Use;
5. continued distribution would violate applicable law; or
6. the Community program has been modified or discontinued.

STRATUM does not guarantee that the Community program, free renewal, or any particular Community feature will remain available indefinitely.

A decision to modify or discontinue the Community program will not convert your existing Community License into a commercial payment obligation.

11. Updates and Changes to the Software

STRATUM may provide updates, corrections, security patches, enhancements, replacements, or new versions of the Software.

STRATUM is not obligated under this Agreement to:

1. provide any particular update;
2. continue supporting an older version;
3. maintain compatibility with any specific hardware, operating system, container runtime, third-party software, API, or configuration;
4. preserve any particular feature or interface; or
5. provide advance notice of every technical change.

Unless an update is accompanied by a different agreement, this Agreement governs the update.

Some updates may be required for continued license validation, security, compatibility, or renewal.

You are responsible for reviewing release notes, testing updates, and backing up your environment before applying changes.

12. Ownership

STRATUM and its licensors retain all right, title, and interest in and to:

1. the Software;
2. STRATUM-developed source code and executable code;
3. the user interface and visual design;
4. the Documentation;
5. proprietary formats, methods, workflows, and architecture;
6. trademarks, service marks, logos, and branding; and
7. all related intellectual-property rights.

Except for the limited license expressly granted in this Agreement, no rights are granted to you by implication, estoppel, exhaustion, or otherwise.

13. User Content

You retain all ownership rights that you have in your User Content.

STRATUM does not acquire ownership of your virtual machines, disk images, software, data, infrastructure designs, configurations, or other User Content merely because you use the Software.

You are solely responsible for:

1. the legality, accuracy, security, and integrity of your User Content;
2. obtaining necessary rights and permissions for User Content;
3. protecting credentials and sensitive information;
4. maintaining backups;
5. determining whether User Content may lawfully be processed or stored in your environment; and
6. deleting or exporting User Content before uninstalling the Software or allowing a license to expire.

License expiration or termination does not transfer ownership of User Content to STRATUM.

When you voluntarily provide diagnostic files, logs, configurations, or other User Content to STRATUM, you authorize STRATUM to use that material solely as reasonably necessary to investigate the issue, provide assistance, secure the Software, or improve the product, subject to the applicable Privacy Policy.

14. Third-Party Software

The Software may contain, incorporate, interact with, or be distributed alongside software provided by third parties, including open-source software.

Third-party components may be governed by separate copyright notices and license terms included with the Software, container image, source distribution, Documentation, or notices file.

To the extent a third-party license grants you rights that differ from this Agreement, the third-party license governs your use of that component.

This Agreement does not limit rights granted to you under an applicable open-source license.

STRATUM does not claim ownership of third-party software.

15. Feedback

You may voluntarily provide ideas, comments, suggestions, issue reports, feature requests, or other feedback concerning STRATUM.

You retain ownership of any feedback that you own. By submitting feedback, you grant STRATUM a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, display, perform, commercialize, and incorporate that feedback into STRATUM products and services without payment or attribution.

Do not submit feedback that you do not have authority to provide or that contains another person’s confidential information.

Providing feedback does not create an obligation for STRATUM to implement it or respond to it.

16. License Information, Privacy, and Communications

To issue and renew a Community License, STRATUM may request information including:

1. your email address;
2. your country; and
3. your intended use of STRATUM Community.

STRATUM will process personal information as described in the STRATUM Privacy Policy available at:

https://www.stratumvisor.com/privacy

You agree that STRATUM may send you transactional communications reasonably necessary to administer the Community program, including:

1. delivery of your License File;
2. activation and expiration notices;
3. renewal instructions;
4. material license or policy notices;
5. security advisories;
6. service announcements; and
7. information necessary to continue using the Software.

These operational communications are separate from general promotional marketing.

Receiving general marketing messages must be based on a separate optional choice where required by applicable law. You may unsubscribe from optional marketing without losing your eligibility to receive necessary license, security, or service communications.

The Software may perform local license validation and may contact STRATUM licensing services where online validation is implemented. Any information transmitted through online validation or product telemetry must be described in the applicable Documentation or Privacy Policy.

Except when you intentionally provide such information for assistance, diagnostics, or another disclosed purpose, this Agreement does not authorize STRATUM to claim ownership of or intentionally collect the contents of your virtual-machine disks, credentials, application data, or private User Content.

17. Support

STRATUM Community is provided without commercial support, service-level commitments, guaranteed response times, or guaranteed remediation timelines.

STRATUM may, at its discretion, provide:

1. public Documentation;
2. community forums or discussion channels;
3. knowledge-base materials;
4. issue-reporting mechanisms;
5. security-reporting mechanisms; or
6. informal assistance.

Any voluntary assistance does not create an ongoing support obligation.

Commercial support, onboarding, architecture assistance, migration services, and service-level terms require a separate written commercial agreement.

18. Security and Operational Responsibility

You are responsible for securely installing, configuring, operating, and maintaining:

1. the Host;
2. the Host operating system;
3. network connectivity;
4. storage;
5. identity and access controls;
6. certificates and cryptographic keys;
7. virtual machines and guest operating systems;
8. workloads and applications;
9. backups and recovery procedures; and
10. third-party components.

You must evaluate whether the Software is appropriate for your intended Non-Production Use.

You must not rely on STRATUM Community as the sole copy, repository, backup, or recovery mechanism for important data.

You are responsible for applying appropriate host, operating-system, container-runtime, STRATUM, virtual-machine, and application security updates.

Security features, scanning reports, software bills of materials, compliance materials, or security documentation do not constitute a guarantee that the Software is free from vulnerabilities or suitable for a particular compliance requirement.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, DOCUMENTATION, LICENSE FILES, UPDATES, COMMUNITY SERVICES, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

STRATUM AND ITS LICENSORS DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, COMPATIBILITY, SECURITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

STRATUM DOES NOT WARRANT THAT:

1. THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE;
2. DEFECTS OR VULNERABILITIES WILL BE CORRECTED;
3. THE SOFTWARE WILL MEET YOUR REQUIREMENTS;
4. THE SOFTWARE WILL OPERATE WITH EVERY HARDWARE OR SOFTWARE CONFIGURATION;
5. THE SOFTWARE OR ITS DISTRIBUTION SYSTEMS WILL BE FREE OF MALICIOUS CODE OR SECURITY VULNERABILITIES;
6. USER CONTENT WILL NOT BE LOST, DAMAGED, OR CORRUPTED; OR
7. COMMUNITY LICENSES OR RENEWALS WILL ALWAYS REMAIN AVAILABLE.

YOU ASSUME ALL RISK ARISING FROM YOUR INSTALLATION AND USE OF THE SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS, THESE EXCLUSIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THIS AGREEMENT EXCLUDES A WARRANTY OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRATUM, ITS AFFILIATES, LICENSORS, CONTRIBUTORS, SUPPLIERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, USE, DATA, USER CONTENT, SECURITY, AVAILABILITY, OR BUSINESS CONTINUITY, ARISING OUT OF OR RELATING TO THE SOFTWARE, COMMUNITY PROGRAM, OR THIS AGREEMENT, EVEN IF STRATUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRATUM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SOFTWARE, THE COMMUNITY PROGRAM, OR THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF:

1. the legal theory asserted;
2. whether a remedy fails of its essential purpose; and
3. whether the claim arises in contract, warranty, tort, negligence, strict liability, statute, or otherwise.

These limitations do not apply to liability that cannot lawfully be excluded or limited.

21. Export Controls and Sanctions

The Software may be subject to United States export-control, trade-control, and economic-sanctions laws, including the Export Administration Regulations administered by the United States Department of Commerce and sanctions programs administered by the United States Department of the Treasury.

You agree that you will not directly or indirectly export, reexport, transfer, release, download, provide, or use the Software:

1. in violation of applicable export-control or sanctions law;
2. in or for a country, territory, organization, person, or end user where such activity is prohibited;
3. for a prohibited end use;
4. on behalf of a sanctioned or blocked person; or
5. in connection with an activity requiring governmental authorization unless the required authorization has been obtained.

You represent that you are not:

1. located in or ordinarily resident in a jurisdiction where providing the Software to you is prohibited;
2. identified on an applicable restricted-party or sanctions list; or
3. owned or controlled by a prohibited or restricted person to the extent that providing the Software would be unlawful.

You are responsible for determining and complying with export, import, sanctions, and trade-control requirements applicable to your location, intended use, User Content, and onward transfers.

STRATUM may refuse, suspend, or terminate access when reasonably necessary to comply with applicable law.

22. United States Government Users

The Software and Documentation are commercial computer software and commercial computer-software documentation developed exclusively at private expense, except to the extent expressly stated otherwise.

United States Government end users acquire only the rights provided under this Agreement and any applicable procurement contract, consistent with applicable provisions of the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement.

If a government agency requires rights different from those provided by this Agreement, those rights must be expressly stated in a written agreement or contract executed by an authorized STRATUM representative.

Nothing in this Agreement requires a government user to accept a term that applicable federal law prohibits it from accepting.

23. Suspension and Termination

23.1 Expiration

Your rights under this Agreement automatically end when the License Term expires unless STRATUM issues a renewal.

23.2 Termination by You

You may terminate this Agreement at any time by:

1. stopping all use of the Software;
2. uninstalling or deleting the Software from the Host; and
3. destroying or deleting the License File and all copies under your control, except for one non-operational archival copy if permitted by law.

23.3 Termination by STRATUM

STRATUM may suspend or terminate your Community License if:

1. you materially breach this Agreement;
2. you use the Software for Production Use;
3. you use the Software on multiple Hosts;
4. you share or misuse a License File;
5. you circumvent license or security controls;
6. information supplied in connection with the license is materially false or misleading;
7. your use creates a material security or legal risk;
8. suspension or termination is required by law; or
9. you fail to cure a remediable breach within ten days after receiving notice from STRATUM.

STRATUM may terminate immediately without a cure period for intentional license circumvention, unlawful distribution, malicious activity, sanctions violations, or other conduct that cannot reasonably be cured.

23.4 Effect of Termination

When this Agreement expires or terminates, you must:

1. stop using the Software;
2. stop all Community Deployments;
3. remove the Software from the Host; and
4. delete or destroy the License File and unauthorized copies.

Termination does not affect ownership of your User Content.

Sections concerning restrictions, ownership, User Content, third-party software, feedback, warranty disclaimers, liability limitations, export controls, government rights, disputes, and general terms survive expiration or termination where their nature requires survival.

24. Changes to this Agreement

STRATUM may update this Agreement prospectively.

A revised Agreement will identify its version and effective date.

Unless required by law or necessary to address urgent security, misuse, or compliance issues, a revised Agreement will not replace the terms governing an already-issued Community License during its existing License Term.

STRATUM may require acceptance of the then-current Agreement when you:

1. request renewal;
2. activate a new License File;
3. download a major new version; or
4. begin using a materially changed Community service.

If you do not agree to a revised Agreement, you may decline it and stop using the Software when your existing License Term ends.

25. Governing Law and Venue

This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Except where applicable law requires otherwise, any dispute arising out of or relating to this Agreement or the Software must be brought exclusively in the state or federal courts located in the Commonwealth of Massachusetts, and each party consents to the personal jurisdiction of those courts.

Nothing in this section prevents either party from seeking temporary or preliminary relief from a court of competent jurisdiction to prevent unauthorized distribution, license circumvention, misuse of intellectual property, or an immediate security threat.

If you are a consumer and the law where you reside gives you a mandatory right to bring a claim in your local courts or receive the protection of local law, this section does not limit that non-waivable right.

26. General Terms

26.1 Entire Agreement

This Agreement, together with any documents expressly incorporated into it, is the complete agreement between you and STRATUM concerning STRATUM Community and replaces prior or contemporaneous discussions, representations, or agreements concerning the Community License.

A separate written commercial agreement signed by an authorized STRATUM representative may supersede this Agreement for the subject matter covered by that commercial agreement.

26.2 Order of Precedence

If there is a conflict among applicable terms, the following order applies:

1. a separately signed written agreement between you and STRATUM;
2. applicable third-party software licenses for the components they govern;
3. this Agreement; and
4. the Documentation.

The Privacy Policy governs STRATUM’s processing of personal information but does not expand the Software license granted under this Agreement.

26.3 Assignment

You may not assign or transfer this Agreement or your Community License without STRATUM’s prior written consent.

A permitted move of the Community Deployment to a replacement Host under Section 8 is not an assignment.

STRATUM may assign this Agreement to an affiliate or in connection with a merger, reorganization, sale of assets, financing, or transfer of the STRATUM business or Software.

Any prohibited assignment is void.

26.4 No Agency

This Agreement does not create a partnership, joint venture, employment relationship, fiduciary relationship, franchise, or agency relationship between you and STRATUM.

26.5 No Third-Party Beneficiaries

Except for STRATUM’s licensors and suppliers with respect to provisions protecting their rights, this Agreement does not create rights for anyone other than you and STRATUM.

26.6 Severability

If a provision of this Agreement is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

26.7 Waiver

A failure or delay in enforcing a provision of this Agreement is not a waiver of that provision or any other provision.

A waiver must be in writing and signed by an authorized representative of the party granting it.

26.8 Headings

Section headings are provided for convenience and do not affect interpretation.

26.9 Interpretation

The words “including” and “includes” mean “including without limitation.”

Any ambiguity will not be interpreted against a party solely because that party drafted the Agreement.

26.10 Electronic Agreement

You agree that this Agreement may be formed and maintained electronically.

Your affirmative acceptance, license request, activation, download, installation, or use after being presented with this Agreement may be recorded as evidence of your agreement.

You may retain a copy of this Agreement electronically or print it for your records.

26.11 Language

The controlling language of this Agreement is English.

Any translation is provided for convenience. If a translation conflicts with the English version, the English version controls to the extent permitted by applicable law.

26.12 Notices

STRATUM may provide notices to you through:

1. the email address associated with your Community License;
2. the Software interface;
3. the licensing portal;
4. the STRATUM website; or
5. another reasonable electronic method.

Legal notices to STRATUM must be sent to:

27. Contact Information

Questions about this Agreement or Community licensing may be sent to:

28. Acceptance

BY CLICKING “I AGREE,” REQUESTING OR ACTIVATING A COMMUNITY LICENSE, OR DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SOFTWARE AFTER BEING PRESENTED WITH THIS AGREEMENT, YOU CONFIRM THAT:

1. YOU HAVE READ THIS AGREEMENT;
2. YOU UNDERSTAND THIS AGREEMENT;
3. YOU HAVE AUTHORITY TO ACCEPT THIS AGREEMENT;
4. THE INFORMATION YOU PROVIDED IS ACCURATE;
5. YOU WILL USE STRATUM COMMUNITY ON ONLY ONE PHYSICAL HOST;
6. YOU WILL USE STRATUM COMMUNITY ONLY FOR NON-PRODUCTION PURPOSES; AND
7. YOU AGREE TO BE BOUND BY THIS AGREEMENT.