Harbormaster, Inc. End User License Agreement

Important: this software license agreement is a legal agreement between you (either an individual or, if purchased or otherwise acquired by or
for an entity, an entity) and Harbormaster, Inc. Read it carefully before completing the installation process and using the software.
It provides a license to use the software and contains warranty information and liability disclaimers. If you do not agree to be bound
by the terms of this license agreement then Harbormaster, Inc. is unwilling to grant you this license, you must not register to use the Harbormaster software platform.

This license agreement shall apply only to the software supplied by Harbormaster, Inc. Herewith regardless of whether other software is referred to or described herein.

By clicking the register button, you agree to the terms of this license agreement. By using the software, you are confirming your acceptance of the software and agreeing to become bound by the terms of this license agreement.

End-User License Agreement (EULA) of Harbormaster

This End-User License Agreement (“EULA”) is a legal agreement between you and Harbormaster, Inc.

This EULA agreement governs your acquisition and use of our Harbormaster software (“Software”) directly from Harbormaster, Inc. or indirectly through a Harbormaster, Inc. authorized reseller or distributor (a “Reseller”).

Please read this EULA agreement carefully before completing the subscription or installation process and using the Harbormaster software. It provides a license to use the Harbormaster software and contains warranty information and liability disclaimers.

If you register for an account to access the Harbormaster platform, this EULA agreement governs your usage. By clicking “accept” or installing and/or using the Harbormaster software or SaaS platform, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Harbormaster, Inc. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Harbormaster, Inc. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. This EULA was created by
EULA Template for Harbormaster.

License Grant

Harbormaster, Inc. hereby grants you a personal, non-transferable, non-exclusive license to access the Harbormaster platform on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the Harbormaster software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Harbormaster software.

You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.
  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose.
  • Allow any third party to use the Software on behalf of or for the benefit of any third party.
  • Use the Software in any way which breaches any applicable local, national or international law.
  • use the Software for any purpose that Harbormaster, Inc. considers is a breach of this EULA agreement.

Intellectual Property and Ownership

Harbormaster, Inc. shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Harbormaster, Inc.

Harbormaster, Inc. reserves the right to grant licenses to use the Software to third parties.

Termination

This EULA agreement is effective from the date you first use the platform and shall continue until terminated. You may terminate it at any time upon written notice to Harbormaster, Inc. via email to support@harbormaster.ai. Upon receipt of your termination notice, any final billing will become due, and your account will be placed on hold. Once all payments are reconciled, your account and all related data
will immediately be purged from the Harbormaster platform

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of us.

Information Collection and Use

While using our platform, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include but is not limited to your name (“Personal Information”) and email address. No information collected will be shared with or sold to any 3rd parties. Your personal information is encrypted and stored in a secure database.

Cookies

This website and the Harbormaster application(s) do not make use of cookies.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. However, we guarantee not to distribute your personal information to any 3rd parties, either for free or sale. Any files generated on your behalf on our server are either deleted upon generation or as part of a nightly process. Only authorized Harbormaster personnel have access to our servers, with no public access given. It is recommended you have the application commit your files to a Git repository for better control and management.

Generated Project Files

Generated project files are comprised of but not limited to:

  • Source code (Java, Javascript, Go, Python, etc…)
  • Config files
  • Build files (Maven, Gradle, NPM, etc…)
  • CI YAML file(s)
  • Docker file
  • Terraform file(s)

Upon generation, all generated files are compressed into a single archive file.  This archive file is available to be downloaded.  To download the file, you may be charged a fee depending upon the total number of lines generated.  The total number of lines generated is mostly predominantly determined by the selected reference application and the content and structure of your domain model.  You are under no obligation to download the archive file.  Harbormaster allows you to view the contents of the generated files before deciding to download the archive file.  You must have up to date and valid payment information on file.  Upon download, Harbormaster may immediately create a charge against your source of payment, but at its discretion Harbormaster may create a charge during a monthly billing cycle.

At its discretion, Harbormaster may modify the method by which it calculates a cost to download a generated archive file.  The current calculations are based on blocks of generated code, where a block of code is equal to 1,000 (one thousand) lines of generated code.  For any project generated using a Harbormaster sample model, the resulting files and archive file can be downloaded at no cost. For any project generated using a Harbormaster reference application, the first 10 blocks or 10,000 (ten thousand) lines of code are free.  The remaining lines of code are calculated at the then current rate per 1 block or 1,000 (one thousand) lines of code.

Publishing

In the event you choose to publish content to Harbormaster, you will not hold Harbormaster liable for either the content or the use of the content.  Harbormaster will maintain a system whereby your content is safely available with a 99.5% rate of accessibility.   As a publisher of a reference application, you agree to take all reasonable precautions to ensure the content and results of your reference application function as you document, are free from any known security vulnerabilities, and in way perform any intentional actions that cause harm to a user and their system.  

When a user of Harbormaster chooses to generate a project using a reference application you have published, Harbormaster will credit you 75% of the calculated fee.  Once the fee has been paid, Harbormaster will attempt to apply the amount owed you to your debit card on file.  Your debit card will be credited either immediately upon user download and payment, or monthly based on a monthly cycle.

When a user of Harbormaster chooses to generated project using a reference application you have published, the user will be provided with have access to your email address as the contributor of the reference application.  As a publisher of a reference application to the Harbormaster platform, you agree to allow users of Harbormaster and users of your reference application to contact you.  This contact will be for the purpose of, but not limited to:

  1. More information about the reference application
  2. Help in using the reference application
  3. Assistance in the generated files resulting from using the reference application to generate a project

Liability

You will not hold Harbormaster, Inc. liable for the quality, construction, or function of the files generated by the Harbormaster platform.  For generated files associated with a Harbormaster reference application, Harbormaster makes best efforts to ensure the resulting project files are free of defects, bugs, and security vulnerabilities.  For generated files associated with a non-Harbormaster (3rd party) reference application, you agree to not hold Harbormaster liable for the quality or outcome associated with your use of the generated files.  At its discretion, Harbormaster will review any 3rd party reference application published to the platform.  As part of this review, Harbormaster may generate a project using the 3rd party reference application.  Harbormaster may run the resulting files through a vulnerability scanning system to determine if there are any risks.  If discovered, the publisher of the reference application is notified, users of the reference application are notified, and the reference application will be taken offline until the vulnerabilities are remedied.