MiniConda
Since Anaconda never sent me the link… I tried 3x.
I opted for miniconda.
Here is the TOS
marcia@marcia:~/Downloads$ bash Miniconda3-latest-Linux-x86_64.sh
Welcome to Miniconda3 py312_24.4.0-0
In order to continue the installation process, please review the license
agreement.
Please, press ENTER to continue
END USER LICENSE AGREEMENT
Please read these Terms of Service carefully before purchasing, using, accessing
, or downloading any Anaconda Offerings (the “Offerings”). These Anaconda Terms
of Service (“TOS”) are between Anaconda, Inc. (“Anaconda”) and you (“You”), the
individual or entity acquiring and/or providing access to the Offerings. These T
OS govern Your access, download, installation, or use of the Anaconda Offerings,
which are provided to You in combination with the terms set forth in the applic
able Offering Description, and are hereby incorporated into these TOS. Except wh
ere indicated otherwise, references to “You” shall include Your Users. You hereb
y acknowledge that these TOS are binding, and You affirm and signify your consen
t to these TOS by registering to, using, installing, downloading, or accessing t
he Anaconda Offerings effective as of the date of first registration, use, insta
ll, download or access, as applicable (the “Effective Date”). Capitalized defini
tions not otherwise defined herein are set forth in Section 15 (Definitions). If
You do not agree to these Terms of Service, You must not register, use, install
, download, or access the Anaconda Offerings.
- ACCESS & USE.
- General License Grant. Subject to compliance with these TOS and any applic
able Offering Description, Anaconda grants You a personal, non-exclusive, non-tr
ansferable, non-sublicensable, revocable, limited right to use the applicable An
aconda Offering strictly as detailed herein and as set forth in a relevant Offer
ing Description. If You purchase a subscription to an Offering as set forth in a
relevant Order, then the license grant(s) applicable to your access, download,
installation, or use of a specific Anaconda Offering will be set forth in the re
levant Offering Description and any definitive agreement which may be executed b
y you in writing or electronic in connection with your Order (“Custom Agreement”
). License grants for specific Anaconda Offerings are set forth in the relevant
Offering Description, if applicable. - License Restrictions. Unless expressly agreed by Anaconda, You may not: (
a) Make, sell, resell, license, sublicense, distribute, rent, or lease any Offer
ings available to anyone other than You or Your Users, unless expressly stated o
therwise in an Order, Custom Agreement or the Documentation or as otherwise expr
essly permitted in writing by Anaconda; (b) Use the Offerings to store or transm
it infringing, libelous, or otherwise unlawful or tortious material, or to store
or transmit material in violation of third-party privacy rights; (c) Use the Of
ferings or Third Party Services to store or transmit Malicious Code, or attempt
to gain unauthorized access to any Offerings or Third Party Services or their re
lated systems or networks; (d)Interfere with or disrupt the integrity or perform
ance of any Offerings or Third Party Services, or third-party data contained the
rein; (e) Permit direct or indirect access to or use of any Offerings or Third P
arty Services in a way that circumvents a contractual usage limit, or use any Of
ferings to access, copy or use any Anaconda intellectual property except as perm
itted under these TOS, a Custom Agreement, an Order or the Documentation; (f) Mo
dify, copy or create derivative works of the Offerings or any part, feature, fun
ction or user interface thereof except, and then solely to the extent that, such
activity is required to be permitted under applicable law; (g) Copy Content exc
ept as permitted herein or in an Order, a Custom Agreement or the Documentation
or republish any material portion of any Offering in a manner competitive with t
he offering by Anaconda, including republication on another website or redistrib
ute or embed any or all Offerings in a commercial product for redistribution or
resale; (h) Frame or Mirror any part of any Content or Offerings, except if and
to the extent permitted in an applicable Custom Agreement or Order for your own
Internal Use and as permitted in a Custom Agreement or Documentation; (i) Except
and then solely to the extent required to be permitted by applicable law, copy,
disassemble, reverse engineer, or decompile an Offering, or access an Offering
to build a competitive service by copying or using similar ideas, features, fun
ctions or graphics of the Offering. You may not use any “deep-link”, “page-scrap
e”, “robot”, “spider” or other automatic device, program, algorithm or methodolo
gy, or any similar or equivalent manual process, to access, acquire, copy or mon
itor any portion of our Offerings or Content. Anaconda reserves the right to end
any such activity. If You would like to redistribute or embed any Offering in a
ny product You are developing, please contact the Anaconda team for a third part
y redistribution commercial license. - USERS & LICENSING.
- Organizational Use. Your registration, download, use, installation, acces
s, or enjoyment of all Anaconda Offerings on behalf of an organization that has
two hundred (200) or more employees or contractors (“Organizational Use”) requir
es a paid license. For sake of clarity, use by government entities and nonprofit
entities with over 200 employees or contractors is considered Organizational Us
e. Educational Entities will be exempt from the paid license requirement, provi
ded that the use of the Anaconda Offering(s) is solely limited to being used for
a curriculum-based course. Anaconda reserves the right to monitor the registrat
ion, download, use, installation, access, or enjoyment of the Anaconda Offerings
to ensure it is part of a curriculum. - Use by Authorized Users. Your “Authorized Users” are your employees, agent
s, and independent contractors (including outsourcing service providers) who you
authorize to use the Anaconda Offering(s) on Your behalf for Your Internal Use,
provided that You are responsible for: (a) ensuring that such Authorized Users
comply with these TOS or an applicable Custom Agreement; and (b) any breach of
these TOS by such Authorized Users. - Use by Your Affiliates. Your Affiliates may use the Anaconda Offering(s) o
n Your behalf for Your Internal Use only with prior written approval from Anacon
da. - Licenses for Systems. For each End User Computing Device (“EUCD”) (i.e. la
ptops, desktop devices) one license covers one installation and a reasonable num
ber of virtual installations on the EUCD (e.g. Docker, VirtualBox, Parallels, et
c.). Any other installations, usage, deployments, or access must have an individ
ual license per each additional usage. - Mirroring. You may only Mirror the Anaconda Offerings with the purchase of
a Site License unless explicitly included in an Order Form or Custom Agreement. - Beta Offerings. Anaconda provides Beta Offerings “AS-IS” without support o
r any express or implied warranty or indemnity for any problems or issue s, and
Anaconda has no liability relating to Your use of the Beta Offerings. Unless agr
eed in writing by Anaconda, You will not put Beta Offerings into production use.
You may only use the Beta Offerings for the period specified by Anaconda in wri
ting; (b) Anaconda, in its discretion, may stop providing the Beta Offerings at
any time, at which point You must immediately cease using the Beta Offering(s);
and (c) Beta Offerings may contain bugs, errors, or other issues.. - Content. In consideration of Your payment of Subscription Fees, Anaconda h
ereby grants to You and Your Users a personal, non-exclusive, non-transferable,
non-sublicensable, revocable, limited right and license during the Usage Term to
access, input, use, transmit, copy, process, and measure the Content solely (1)
within the Offerings and to the extent required to enable the ordinary and unmo
dified functionality of the Offerings as described in the Offering descriptions,
and (2) for your Internal Use. Customer hereby acknowledge that the grant hereu
nder is solely being provided for your Internal Use and not to modify or to crea
te any derivatives based on the Content. - ANACONDA OFFERINGS.
- Upgrades or Additional Copies of Offerings. You may only use additional co
pies of the Offerings beyond Your Order if You have acquired such rights under a
n agreement with Anaconda and you may only use Upgrades under Your Order to the
extent you have discontinued use of prior versions of the Offerings. - Changes to Offerings; Maintenance. Anaconda may: (a) enhance or refine an
Offering, although in doing so, Anaconda will not materially reduce the core fun
ctionality of that Offering, except as contemplated in Section 3.4 (End of Life)
; and (b) perform scheduled maintenance of the infrastructure and software used
to provide an Offering, during which You may experience some disruption to that
Offering. Whenever reasonably practicable, Anaconda will provide You with advan
ce notice of such maintenance. You acknowledge that occasionally, Anaconda may n
eed to perform emergency maintenance without providing You advance notice, durin
g which Anaconda may temporarily suspend Your access to, and use of, the Offerin
g. - Use with Third Party Products. If You use the Anaconda Offering(s) with th
ird party products, such use is at Your risk. Anaconda does not provide support
or guarantee ongoing integration support for products that are not a native part
of the Anaconda Offering(s). - End of Life. Anaconda reserves the right to discontinue the availability o
f an Anaconda Offering, including its component functionality, hereinafter refer
red to as “End of Life” or “EOL”, by providing written notice through its offici
al website, accessible at www.anaconda.com at least sixty (60) days prior to the
EOL. In such instances, Anaconda is under no obligation to provide support in t
he transition away from the EOL Offering or feature, You shall transition to the
latest version of the Anaconda Offering, as soon as the newest Version is relea
sed in order to maintain uninterrupted service. In the event that You or Your de
signated Anaconda Partner have previously remitted a prepaid fee for the utiliza
tion of Anaconda Offering, and if the said Offering becomes subject to End of Li
fe (EOL) before the end of an existing Usage Term, Anaconda shall undertake comm
ercially reasonable efforts to provide the necessary information to facilitate a
smooth transition to an alternative Anaconda Offering that bears substantial si
milarity in terms of functionality and capabilities. Anaconda will not be held l
iable for any direct or indirect consequences arising from the EOL of an Offerin
g or feature, including but not limited to data loss, service interruption, or a
ny impact on business operations. - OPEN SOURCE, CONTENT & APPLICATIONS
- Open-Source Software & Packages. Our Offerings include open-source librari
es, components, utilities, and third-party software that is distributed or other
wise made available as “free software,” “open-source software,” or under a simil
ar licensing or distribution model (“Open-Source Software”), which may be subjec
t to third party open-source license terms (the “Open-Source Terms”). Certain Of
ferings are intended for use with open-source Python and R software packages and
tools for statistical computing and graphical analysis (“Packages”), which are
made available in source code form by third parties and Community Users. As such
, certain Offerings interoperate with certain Open-Source Software components, i
ncluding without limitation Open Source Packages, as part of its basic functiona
lity; and to use certain Offerings, You will need to separately license Open-Sou
rce Software and Packages from the licensor. Anaconda is not responsible for Ope
n-Source Software or Packages and does not assume any obligations or liability w
ith respect to You or Your Users’ use of Open-Source Software or Packages. Notwi
thstanding anything to the contrary, Anaconda makes no warranty or indemnity her
eunder with respect to any Open-Source Software or Packages. Some of such Open-S
ource Terms or other license agreements applicable to Packages determine that to
the extent applicable to the respective Open-Source Software or Packages licens
ed thereunder. Any such terms prevail over any conflicting license terms, inclu
ding these TOS. Anaconda will use best efforts to use only Open-Source Software
and Packages that do not impose any obligation or affect the Customer Data (as d
efined hereinafter) or Intellectual Property Rights of Customer (beyond what is
stated in the Open-Source Terms and herein), on an ordinary use of our Offerings
that do not involve any modification, distribution, or independent use of such
Open-Source Software. - Open Source Project Affiliation. Anaconda’s software packages are not affi
liated with upstream open source projects. While Anaconda may distribute and ada
pt open source software packages for user convenience, such distribution does no
t imply any endorsement, approval, or validation of the original software’s qual
ity, security, or suitability for specific purposes. - Third-Party Services and Content. You may access or use, at Your sole disc
retion, certain third-party products, services, and Content that interoperate wi
th the Offerings including, but not limited to: (a) third party Packages, compon
ents, applications, services, data, content, or resources found in the Offerings
, and (b) third-party service integrations made available through the Offerings
or APIs (collectively, “Third-Party Services”). Each Third-Party Service is gove
rned by the applicable terms and policies of the third-party provider. The terms
under which You access, use, or download Third-Party Services are solely betwee
n You and the applicable Third-Party Service provider. Anaconda does not make an
y representations, warranties, or guarantees regarding the Third-Party Services
or the providers thereof, including, but not limited to, the Third-Party Service
s’ continued availability, security, and integrity. Third-Party Services are mad
e available by Anaconda on an “AS IS” and “AS AVAILABLE” basis, and Anaconda may
cease providing them in the Offerings at any time in its sole discretion and Yo
u shall not be entitled to any refund, credit, or other compensation. - CUSTOMER CONTENT, APPLICATIONS, & RESPONSIBILITIES
- Customer Content and Applications. Your content remains your own. We assum
e no liability for the content you publish through our services. However, you mu
st adhere to our Acceptable Use Policy while utilizing our platform. You can sha
re your submitted Customer Content or Customer Applications with others using ou
r Offerings. By sharing Your Content, you grant legal rights to those You give a
ccess to. Anaconda has no responsibility to enforce, police, or otherwise aid Yo
u in enforcing or policing the terms of the license(s) or permission(s) You have
chosen to offer. Anaconda is not liable for third-party misuse of your submitte
d Customer Content or Customer Applications on our Offerings. Customer Applicati
ons does not include any derivative works that might be created out of open sour
ce where the license prohibits derivative works. - Removal of Customer Content and Applications. If You received a removal no
tification regarding any Customer Content or a Customer Application due to legal
reasons or policy violations, you promptly must do so. If You don’t comply or t
he violation persists, Anaconda may disable the Content or your access to the Co
ntent. If required, You must confirm in writing that you’ve deleted or stopped u
sing the Customer Content or Customer Applications. Anaconda might also remove C
ustomer Content or Customer Applications if requested by a Third-party rights ho
lder whose rights have been violated. Anaconda isn’t obliged to store or provide
copies of Customer Content or Customer Applications that have been removed, is
Your responsibility to maintain a back-up of Your Content. - Protecting Account Access. You will keep all account information up to dat
e, use reasonable means to protect Your account information, passwords, and othe
r login credentials, and promptly notify Anaconda of any known or suspected unau
thorized use of or access to Your account. - YOUR DATA, PRIVACY & SECURITY
- Your Data. Your Data, hereinafter “Customer Data”, is any data, files, att
achments, text, images, reports, personal information, or any other data that is
, uploaded or submitted, transmitted, or otherwise made available, to or through
the Offerings, by You or any of your Authorized Users and is processed by Anaco
nda on your behalf. For the avoidance of doubt, Anonymized Data is not regarded
as Customer Data. You retain all right, title, interest, and control, in and to
the Customer Data, in the form submitted to the Offerings. Subject to these TOS,
You grant Anaconda a worldwide, royalty-free, non-exclusive license to store, a
ccess, use, process, copy, transmit, distribute, perform, export, and display th
e Customer Data, and solely to the extent that reformatting Customer Data for di
splay in the Offerings constitutes a modification or derivative work, the forego
ing license also includes the right to make modifications and derivative works.
The aforementioned license is hereby granted solely: (i) to maintain, improve an
d provide You the Offerings; (ii) to prevent or address technical or security is
sues and resolve support requests; (iii) to investigate when we have a good fait
h belief, or have received a complaint alleging, that such Customer Data is in v
iolation of these TOS; (iv) to comply with a valid legal subpoena, request, or o
ther lawful process; (v) detect and avoid overage of use of our Offering and con
firm compliance by Customer with these TOS and other applicable agreements and p
olicies; (vi) to create Anonymized Data whether directly or through telemetry,
and (vi) as expressly permitted in writing by You. Anaconda may use and retain y
our Account Information for business purposes related to these TOS and to the ex
tent necessary to meet Anaconda’s legal compliance obligations (including, for a
udit and anti-fraud purposes). We reserve the right to utilize aggregated data t
o enhance our Offerings functionality, ensure compliance, avoid Offering overus
e, and derive insights from customer behavior, in strict adherence to our Privac
y Policy. - Processing Customer Data. The ordinary operation of certain Offerings requ
ires Customer Data to pass through Anaconda’s network. To the extent that Anacon
da processes Customer Data on your behalf that includes Personal Data, Anaconda
will handle such Personal Data in compliance with our Data Processing Addendum - Privacy Policy. If You obtained the Offering under these TOS, the conditi
ons pertaining to the handling of your Personal Data, as described in our Privac
y Policy, shall govern. However, in instances where your offering acquisition is
executed through a Custom Agreement, the terms articulated within our Data Proc
essing Agreement (“DPA”) shall take precedence over our Privacy Policy concernin
g data processing matters. - Aggregated Data. Anaconda retains all right, title, and interest in the m
odels, observations, reports, analyses, statistics, databases, and other informa
tion created, compiled, analyzed, generated or derived by Anaconda from platform
, network, or traffic data in the course of providing the Offerings (“Aggregated
Data”). To the extent the Aggregated Data includes any Personal Data, Anaconda
will handle such Personal Data in compliance with applicable data protection law
s and the Privacy Policy or DPA, as applicable. - Offering Security. Anaconda will implement industry standard security safe
guards for the protection of Customer Confidential Information, including any Cu
stomer Content originating or transmitted from or processed by the Offerings and
/or cached on or within Anaconda’s network and stored within the Offerings in ac
cordance with its policies and procedures. These safeguards include commercially
reasonable administrative, technical, and organizational measures to protect Cu
stomer Content against destruction, loss, alteration, unauthorized disclosure, o
r unauthorized access, including such things as information security policies an
d procedures, security awareness training, threat and vulnerability management,
incident response and breach notification, and vendor risk management procedures
. - SUPPORT
- Support Services. Anaconda offers Support Services that may be included wi
th an Offering. Anaconda will provide the purchased level of Support Services in
accordance with the terms of the Support Policy as detailed in the applicable O
rder. Unless ordered, Anaconda shall have no responsibility to deliver Support S
ervices to You. The Support Service Levels and Tiers are described in the releva
nt Support Policy, found here. - Information Backups. You are aware of the risk that Your Content may be lo
st or irreparably damaged due to faults, suspension, or termination. While we mi
ght back up data, we cannot guarantee these backups will occur to meet your freq
uency needs or ensure successful recovery of Your Content. It is your obligation
to back up any Content you wish to preserve. We bear no legal liability for the
loss or damage of Your Content. - OWNERSHIP & INTELLECTUAL PROPERTY
- General. Unless agreed in writing, nothing in these TOS transfers ownershi
p in, or grants any license to, any Intellectual Property Rights. - Feedback. Anaconda may use any feedback You provide in connection with You
r use of the Anaconda Offering(s) as part of its business operations. You hereby
agree that any feedback provided to Anaconda will be the intellectual property
of Anaconda without compensation to the provider, author, creator, or inventor o
f providing the feedback. - DMCA Compliance. You agree to adhere to our Digital Millennium Copyright A
ct (DMCA) policies established in our Acceptable Use Policy. - CONFIDENTIAL INFORMATION.
- Confidential Information. In connection with these TOS and the Offerings (
including the evaluation thereof), each Party (“Discloser”) may disclose to the
other Party (“Recipient”), non-public business, product, technology and marketin
g information, including without limitation, customers lists and information, kn
ow-how, software and any other non-public information that is either identified
as such or should reasonably be understood to be confidential given the nature o
f the information and the circumstances of disclosure, whether disclosed prior o
r after the Effective Date (“Confidential Information”). For the avoidance of do
ubt, (i) Customer Data is regarded as your Confidential Information, and (ii) ou
r Offerings, including Beta Offerings, and inclusive of their underlying technol
ogy, and their respective performance information, as well as any data, reports,
and materials we provided to You in connection with your evaluation or use of t
he Offerings, are regarded as our Confidential Information. Confidential Informa
tion does not include information that (a) is or becomes generally available to
the public without breach of any obligation owed to the Discloser; (b) was known
to the Recipient prior to its disclosure by the Discloser without breach of any
obligation owed to the Discloser; (c) is received from a third party without br
each of any obligation owed to the Discloser; or (d) was independently developed
by the Recipient without any use or reference to the Confidential Information. - Confidentiality Obligations. The Recipient will (i) take at least reasonab
le measures to prevent the unauthorized disclosure or use of Confidential Inform
ation, and limit access to those employees, affiliates, service providers and ag
ents, on a need to know basis and who are bound by confidentiality obligations a
t least as restrictive as those contained herein; and (ii) not use or disclose a
ny Confidential Information to any third party, except as part of its performanc
e under these TOS and to consultants and advisors to such party, provided that a
ny such disclosure shall be governed by confidentiality obligations at least as
restrictive as those contained herein. - Compelled Disclosure. Notwithstanding the above, Confidential Information
may be disclosed pursuant to the order or requirement of a court, administrative
agency, or other governmental body; provided, however, that to the extent legal
ly permissible, the Recipient shall make best efforts to provide prompt written
notice of such court order or requirement to the Discloser to enable the Disclos
er to seek a protective order or otherwise prevent or restrict such disclosure. - INDEMNIFICATION
- By Customer. Customer hereby agree to indemnify, defend and hold harmless
Anaconda and our Affiliates and their respective officers, directors, employees
and agents from and against any and all claims, damages, obligations, liabilitie
s, losses, reasonable expenses or costs incurred as a result of any third party
claim arising from (i) You and/or any of your Authorized Users’, violation of th
ese TOS or applicable law; and/or (ii) Customer Data and/or Customer Content, in
cluding the use of Customer Data and/or Customer Content by Anaconda and/or any
of our subcontractors, which infringes or violates, any third party’s rights, in
cluding, without limitation, Intellectual Property Rights. - By Anaconda. Anaconda will defend any third party claim against You that Y
our valid use of Anaconda Offering(s) under Your Order infringes a third party’s
U.S. patent, copyright or U.S. registered trademark (the “IP Claim”). Anaconda
will indemnify You against the final judgment entered by a court of competent ju
risdiction or any settlements arising out of an IP Claim, provided that You: (a
) promptly notify Anaconda in writing of the IP Claim; (b) fully cooperate with
Anaconda in the defense of the IP Claim; and (c) grant Anaconda the right to ex
clusively control the defense and settlement of the IP Claim, and any subsequent
appeal. Anaconda will have no obligation to reimburse You for Your attorney fee
s and costs in connection with any IP Claim for which Anaconda is providing defe
nse and indemnification hereunder. You, at Your own expense, may retain Your own
legal representation. - Additional Remedies. If an IP Claim is made and prevents Your exercise of
the Usage Rights, Anaconda will either procure for You the right to continue usi
ng the Anaconda Offering(s), or replace or modify the Anaconda Offering(s) with
functionality that is non-infringing. Only if Anaconda determines that these alt
ernatives are not reasonably available, Anaconda may terminate Your Usage Rights
granted under these TOS upon written notice to You and will refund You a prorat
ed portion of the fee You paid for the Anaconda Offering(s) for the remainder of
the unexpired Usage Term. - Exclusions. Anaconda has no obligation regarding any IP Claim based on: (
a) compliance with any designs, specifications, or requirements You provide or a
third party provides; (b) Your modification of any Anaconda Offering(s) or modi
fication by a third party; (c) the amount or duration of use made of the Anacond
a Offering(s), revenue You earned, or services You offered; (d) combination, ope
ration, or use of the Anaconda Offering(s) with non-Anaconda products, software
or business processes; (e) Your failure to modify or replace the Anaconda Offeri
ng(s) as required by Anaconda; or (f) any Anaconda Offering(s) provided on a no
charge, beta or evaluation basis; or (g) your use of the Open Source Software an
d/or Third Party Services made available to You within the Anaconda Offerings. - Exclusive Remedy. This Section 11 (Indemnification) states Anaconda’s enti
re obligation and Your exclusive remedy regarding any IP Claim against You. - LIMITATION OF LIABILITY
- Limitation of Liability. Neither Party will be liable for indirect, incide
ntal, exemplary, punitive, special or consequential damages; loss or corruption
of data or interruption or loss of business; or loss of revenues, profits, goodw
ill or anticipated sales or savings except as a result of violation of Anaconda’
s Intellectual Property Rights. Except as a result of violation of Anaconda’s In
tellectual Property Rights, the maximum aggregate liability of each party under
these TOS is limited to: (a) for claims solely arising from software licensed on
a perpetual basis, the fees received by Anaconda for that Offering; or (b) for
all other claims, the fees received by Anaconda for the applicable Anaconda Offe
ring and attributable to the 12 month period immediately preceding the first cla
im giving rise to such liability; provided if no fees have been received by Anac
onda, the maximum aggregate liability shall be one hundred US dollars ($100). Th
is limitation of liability applies whether the claims are in warranty, contract,
tort (including negligence), infringement, or otherwise, even if either party h
as been advised of the possibility of such damages. Nothing in these TOS limits
or excludes any liability that cannot be limited or excluded under applicable la
w. This limitation of liability is cumulative and not per incident. - Exclusions. Section 10 does not apply to liability arising from: (a) Your
failure to pay all amounts due; or (b) Your breach of Section 1 (Access & Use),
Section 4 (Open Source, Content & Applications), Section 5 (Customer Content, A
pplications & Responsibilities), Section 8 (Ownership & Intellectual Property) o
r Section 16.10 (Export). - FEES & PAYMENT
- Fees. Orders for the Anaconda Offering(s) are non-cancellable. Fees for Yo
ur use of an Anaconda Offering are set out in Your Order or similar purchase ter
ms with Your Approved Source. - Billing. You agree to provide us with updated, accurate, and complete bill
ing information, and You hereby authorize Anaconda, either directly or through o
ur payment processing service or our Affiliates, to charge the applicable Fees s
et forth in Your Order via your selected payment method, upon the due date. Unle
ss expressly set forth herein, the Fees are non-cancelable and non-refundable. W
e reserve the right to change the Fees at any time, upon notice to You if such c
hange may affect your existing Subscriptions or other renewable services upon re
newal. In the event of failure to collect the Fees You owe, we may, at our sole
discretion (but shall not be obligated to), retry to collect at a later time, an
d/or suspend or cancel the Account, without notice. If You pay fees by credit ca
rd, Anaconda will charge the credit card in accordance with Your Subscription pl
an. You remain liable for any fees which are rejected by the card issuer or char
ged back to Anaconda. You agree to pay a late charge of one percent (1%) per mon
th (or part of a month), or the maximum lawful rate permitted by applicable law,
whichever is less, for all amounts not paid when due. - Taxes. The Fees are exclusive of any and all taxes (including without limi
tation, value added tax, sales tax, use tax, excise, goods and services tax, etc
.), levies, or duties, which may be imposed in respect of these TOS and the purc
hase or sale, of the Offerings or other services set forth in the Order (the “Ta
xes”), except for Taxes imposed on our income. - Payment Through Anaconda Partner. If You purchased an Offering from an Ana
conda Partner or other Approved Source, then to the extent there is any conflict
between these TOS and any terms of service entered between You and the respecti
ve Partner, including any purchase order, then, as between You and Anaconda, the
se TOS shall prevail. Any rights granted to You and/or any of the other Users in
a separate agreement with a Partner which are not contained in these TOS, apply
only in connection vis a vis the Partner. - TERM, TERMINATION & SUSPENSION
- Subscription Term. The Offerings are provided on a subscription basis for
the term specified in your Order (the “Subscription Term”). The termination or s
uspension of an individual Order will not terminate or suspend any other Order.
If these TOS are terminated in whole, all outstanding Order(s) will terminate. - Subscription Auto-Renewal. To prevent interruption or loss of service when
using the Offerings or any Subscription and Support Services will renew automat
ically, unless You cancel your license to the Offering, Subscription or Support
Services agreement prior to their expiration. - Termination. If a party materially breaches these TOS and does not cure th
at breach within 30 days after receipt of written notice of the breach, the non-
breaching party may terminate these TOS for cause. Anaconda may immediately ter
minate your Usage Rights if You breach Section 1 (Access & Use), Section 4 (Open
Source, Content & Applications), Section 8 (Ownership & Intellectual Property)
or Section 16.10 (Export) or any of the Offering Descriptions. - Survival. Section 8 (Ownership & Intellectual Property), Section 6.4 (Aggr
egated Data), Section 9 (Confidential Information), Section 9.3 (Warranty Discla
imer), Section 12 (Limitation of Liability), Section 14 (Term, Termination & Sus
pension), obligations to make payment under Section 13 which accrued prior to t
ermination (Fees & Payment), Section 14.4 (Survival), Section 14.5 (Effect of Te
rmination), Section 15 (Records, User Count) and Section 16 (General Provisions)
survive termination or expiration of these TOS. - Effect of Termination. Upon termination of the TOS, You must stop using th
e Anaconda Offering(s) and destroy any copies of Anaconda Proprietary Technology
and Confidential Information within Your control. Upon Anaconda’s termination o
f these TOS for Your material breach, You will pay Anaconda or the Approved Sour
ce any unpaid fees through to the end of the then-current Usage Term. If You con
tinue to use or access any Anaconda Offering(s) after termination, Anaconda or t
he Approved Source may invoice You, and You agree to pay, for such continued use
. - Excessive Usage. We shall have the right to throttle or restrict Your acce
ss to the Offerings where we, at our sole discretion, believe that You and/or an
y of your Authorized Users, have misused the Offerings or otherwise use the Offe
rings in an excessive manner compared to the anticipated standard use (at our so
le discretion) of the Offerings, including, without limitation, excessive networ
k traffic and bandwidth, size and/or length of Content, quality and/or format of
Content, sources of Content, volume of download time, etc. - RECORDS, USER COUNT
- Verification Records. During the Usage Term and for a period of thirty six
(36) months after its expiry or termination, You will take reasonable steps to
maintain complete and accurate records of Your use of the Anaconda Offering(s) s
ufficient to verify compliance with these TOS (“Verification Records”). Upon rea
sonable advance notice, and no more than once per 12 month period unless the pri
or review showed a breach by You, You will, within thirty (30) days from Anacond
a’s notice, allow Anaconda and/or its auditors access to the Verification Record
s and any applicable books, systems (including Anaconda product(s) or other equi
pment), and accounts during Your normal business hours. - Quarterly User Count. In accordance with the pricing structure stipulated
within the relevant Order Form and this Agreement, in instances where the pricin
g assessment is contingent upon the number of users, Anaconda will conduct a per
iodic true-up on a quarterly basis to ascertain the alignment between the actua
l number of users utilizing the services and the initially reported user count,
and to assess for any unauthorized or noncompliant usage. - Penalties for Overage or Noncompliant Use. Should the actual user count e
xceed the figure initially provided, or unauthorized usage is uncovered, the con
tracting party shall remunerate the difference to Anaconda, encompassing the add
itional users or noncompliant use in compliance with Anaconda’s then-current pri
cing terms. The payment for such difference shall be due in accordance with the
invoicing and payment provisions specified in these TOS and/or within the releva
nt Order and the Agreement. In the event there is no custom commercial agreement
beyond these TOS between You and Anaconda at the time of a true-up pursuant to
Section 13.2, and said true-up uncovers unauthorized or noncompliant usage, You
will remunerate Anaconda via a back bill for any fees owed as a result of all un
authorized usage after April of 2020. Fees may be waived by Anaconda at its dis
cretion. - GENERAL PROVISIONS
- Order of Precedence. If there is any conflict between these TOS and any Of
fering Description expressly referenced in these TOS, the order of precedence is
: (a) such Offering Description; (b) these TOS (excluding the Offering Descript
ion and any Anaconda policies); then (c) any applicable Anaconda policy expressl
y referenced in these TOS and any agreement expressly incorporated by reference.
If there is a Custom Agreement, the Custom Agreement shall control over these
TOS. - Entire Agreement. These TOS are the complete agreement between the parties
regarding the subject matter of these TOS and supersedes all prior or contempor
aneous communications, understandings or agreements (whether written or oral) un
less a Custom Agreement has been executed where, in such case, the Custom Agreem
ent shall continue in full force and effect and shall control. - Modifications to the TOS. Anaconda may change these TOS or any of its comp
onents by updating these TOS on www.anaconda.com. Changes to the TOS apply to an
y Orders acquired or renewed after the date of modification. - Third Party Beneficiaries. These TOS do not grant any right or cause of ac
tion to any third party. - Assignment. Anaconda may assign this Agreement to (a) an Affiliate; or (b)
a successor or acquirer pursuant to a merger or sale of all or substantially al
l of such party’s assets at any time and without written notice. Subject to the
foregoing, this Agreement will be binding upon and will inure to the benefit of
Anaconda and their respective successors and permitted assigns. - US Government End Users. The Offerings and Documentation are deemed to be
“commercial computer software” and “commercial computer software documentation”
pursuant to FAR 12.212 and DFARS 227.7202. All US Government end users acquire t
he Offering(s) and Documentation with only those rights set forth in these TOS.
Any provisions that are inconsistent with federal procurement regulations are no
t enforceable against the US Government. In no event shall source code be provid
ed or considered to be a deliverable or a software deliverable under these TOS. - Anaconda Partner Transactions. If You purchase access to an Anaconda Offer
ing from an Anaconda Partner, the terms of these TOS apply to Your use of that A
naconda Offering and prevail over any inconsistent provisions in Your agreement
with the Anaconda Partner. - Children and Minors. If You are under 18 years old, then by entering into
these TOS You explicitly stipulate that (i) You have legal capacity to consent t
o these TOS or Your parent or legal guardian has done so on Your behalf; (ii) Y
ou understand the Anaconda Privacy Policy; and (iii) You understand that certain
underage users are strictly prohibited from using certain features and function
alities provided by the Anaconda Offering(s). You may not enter into these TOS i
f You are under 13 years old. - Compliance with Laws. Each party will comply with all laws and regulation
s applicable to their respective obligations under these TOS. - Export. The Anaconda Offerings are subject to U.S. and local export contr
ol and sanctions laws. You acknowledge and agree to the applicability of and You
r compliance with those laws, and You will not receive, use, transfer, export or
re-export any Anaconda Offerings in a way that would cause Anaconda to violate
those laws. You also agree to obtain any required licenses or authorizations. W
ithout limiting the foregoing, You may not acquire Offerings if: (1) you are in,
under the control of, or a national or resident of Cuba, Iran, North Korea, Sud
an or Syria or if you are on the U.S. Treasury Department’s Specially Designated
Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverifie
d List or Entity List or (2) you intend to supply the acquired goods, services o
r software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident
of one of these countries) or to a person on the Specially Designated Nationals
List, Denied Persons List, Unverified List or Entity List. - Governing Law and Venue. THESE TOS, AND ANY DISPUTES ARISING FROM THEM, W
ILL BE GOVERNED EXCLUSIVELY BY THE GOVERNING LAW OF DELAWARE AND WITHOUT REGARD
TO CONFLICTS OF LAWS RULES OR THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL
SALE OF GOODS. EACH PARTY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF
COURTS LOCATED WITHIN THE STATE OF DELAWARE. EACH PARTY DOES HEREBY WAIVE HIS/
HER/ITS RIGHT TO A TRIAL BY JURY, TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY
PURPORTED CLASS ACTION OR OTHER PROCEEDING OR TO NAME UNNAMED MEMBERS IN ANY PU
RPORTED CLASS ACTION OR OTHER PROCEEDINGS. You acknowledge that any violation of
the requirements under Section 4 (Ownership & Intellectual Property) or Section
7 (Confidential Information) may cause irreparable damage to Anaconda and that
Anaconda will be entitled to seek injunctive and other equitable or legal relief
to prevent or compensate for such unauthorized use. - California Residents. If you are a California resident, in accordance wit
h Cal. Civ. Code subsection 1789.3, you may report complaints to the Complaint A
ssistance Unit of the Division of Consumer Services of the California Department
of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., S
uite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. - Notices. Any notice delivered by Anaconda to You under these TOS will be
delivered via email, regular mail or postings on www.anaconda.com. Notices to An
aconda should be sent to Anaconda, Inc., Attn: Legal at 1108 Lavaca Street, Suit
e 110-645 Austin, TX 78701 and legal@anaconda.com. - Publicity. Anaconda reserves the right to reference You as a customer and
display your logo and name on our website and other promotional materials for m
arketing purposes. Any display of your logo and name shall be in compliance with
Your branding guidelines, if provided by notice pursuant to Section 14.12 by Y
ou. Except as provided in this Section 14.13 or by separate mutual written agree
ment, neither party will use the logo, name or trademarks of the other party or
refer to the other party in any form of publicity or press release without such
party’s prior written approval. - Force Majeure. Except for payment obligations, neither party will be resp
onsible for failure to perform its obligations due to an event or circumstances
beyond its reasonable control. - No Waiver; Severability. Failure by either party to enforce any right und
er these TOS will not waive that right. If any portion of these TOS are not enfo
rceable, it will not affect any other terms. - Electronic Signatures. IF YOUR ACCEPTANCE OF THESE TERMS FURTHER EVIDENC
ED BY YOUR AFFIRMATIVE ASSENT TO THE SAME (E.G., BY A “CHECK THE BOX” ACKNOWLEDG
MENT PROCEDURE), THEN THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OF YOUR ELECTRON
IC SIGNATURE TO THESE TERMS. HOWEVER, FOR THE AVOIDANCE OF DOUBT, YOUR ELECTRON
IC SIGNATURE IS NOT REQUIRED TO EVIDENCE OR FACILITATE YOUR ACCEPTANCE AND AGREE
MENT TO THESE TERMS, AS YOU AGREE THAT THE CONDUCT DESCRIBED IN THESE TOS AS REL
ATING TO YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS ALONE SUFFICES. - DEFINITIONS.
“Affiliate” means any corporation or legal entity that directly or indirectly co
ntrols, or is controlled by, or is under common control with the relevant party,
where “control” means to: (a) own more than 50% of the relevant party; or (b) b
e able to direct the affairs of the relevant party through any lawful means (e.g
., a contract that allows control).
“Anaconda” “we” “our” or “us” means Anaconda, Inc. or its applicable Affiliate(s
).
“Anaconda Content” means any: Anaconda Content includes geographic and domain i
nformation, rules, signatures, threat intelligence and data feeds and Anaconda’s
compilation of suspicious URLs.
“Anaconda Partner” or “Partner” means an Anaconda authorized reseller, distribut
or or systems integrator authorized by Anaconda to sell Anaconda Offerings.
“Anaconda Offering” or “Offering” means the Anaconda Services, Anaconda software
, Documentation, software development kits (“SDKs”), application programming int
erfaces (“APIs”), and any other items or services provided by Anaconda any Upgra
des thereto under the terms of these TOS, the relevant Offering Descriptions, as
identified in the relevant Order, and/or any updates thereto.
“Anaconda Proprietary Technology” means any software, code, tools, libraries, sc
ripts, APIs, SDKs, templates, algorithms, data science recipes (including any so
urce code for data science recipes and any modifications to such source code), d
ata science workflows, user interfaces, links, proprietary methods and systems,
know-how, trade secrets, techniques, designs, inventions, and other tangible or
intangible technical material, information and works of authorship underlying or
otherwise used to make available the Anaconda Offerings including, without limi
tation, all Intellectual Property Rights therein and thereto.
“Anaconda Service” means Support Services and any other consultation or professi
onal services provided by or on behalf of Anaconda under the terms of the Agreem
ent, as identified in the applicable Order and/or SOW.
“Approved Source” means Anaconda or an Anaconda Partner.
“Anonymized Data” means any Personal Data (including Customer Personal Data) and
data regarding usage trends and behavior with respect to Offerings, that has be
en anonymized such that the Data Subject to whom it relates cannot be identified
, directly or indirectly, by Anaconda or any other party reasonably likely to re
ceive or access that anonymized Personal Data or usage trends and behavior.
“Authorized Users” means Your Users, Your Affiliates who have been identified to
Anaconda and approved, Your third-party service providers, and each of their re
spective Users who are permitted to access and use the Anaconda Offering(s) on Y
our behalf as part of Your Order.
“Beta Offerings”
“Content” means Packages, components, applications, services, data, content, or
resources, which are available for download access or use through the Offerings,
and owned by third-party providers, defined herein as Third Party Content, or A
naconda, defined herein as Anaconda Content.
“Documentation” means the technical specifications and usage materials officiall
y published by Anaconda specifying the functionalities and capabilities of the a
pplicable Anaconda Offerings.
“Educational Entities” means educational organizations, classroom learning envir
onments, or academic instructional organizations.
“Fees” mean the costs and fees for the Anaconda Offerings(s) set forth within th
e Order and/or SOW, or any fees due immediately when purchasing via the web-port
al.
“Government Entities” means any body, board, department, commission, court, trib
unal, authority, agency or other instrumentality of any such government or other
wise exercising any executive, legislative, judicial, administrative or regulato
ry functions of any Federal, State, or local government (including multijurisdic
tional agencies, instrumentalities, and entities of such government)
“Internal Use” means Customer’s use of an Offering for Customer’s own internal o
perations, to perform Python/R data science and machine learning on a single pla
tform from Customer’s systems, networks, and devices. Such use does not include
use on a service bureau basis or otherwise to provide services to, or process da
ta for, any third party, or otherwise use to monitor or service the systems, net
works, and devices of third parties.
“Intellectual Property Rights” means any and all now known or hereafter existing
worldwide: (a) rights associated with works of authorship, including copyrights
, mask work rights, and moral rights; (b) trademark or service mark rights; (c)
Confidential Information, including trade secret rights; (d) patents, patent rig
hts, and industrial property rights; (e) layout design rights, design rights, an
d other proprietary rights of every kind and nature other than trade dress, and
similar rights; and (f) all registrations, applications, renewals, extensions, o
r reissues of the foregoing.
“Malicious Code” means code designed or intended to disable or impede the normal
operation of, or provide unauthorized access to, networks, systems, Software or
Cloud Services other than as intended by the Anaconda Offerings (for example, a
s part of some of Anaconda’s Security Offering(s).
“Mirror” or “Mirroring” means the unauthorized or authorized act of duplicating,
copying, or replicating an Anaconda Offering, (e.g. repository, including its
contents, files, and data), from Anaconda’s servers to another location. If Mirr
oring is not performed under a site license, or by written authorization by Anac
onda, the Mirroring constitutes a violation of Anaconda’s Terms of Service and l
icensing agreements.
“Offering Description”‘ means a legally structured and detailed description outl
ining the features, specifications, terms, and conditions associated with a part
icular product, service, or offering made available to customers or users. The O
ffering Description serves as a legally binding document that defines the scope
of the offering, including pricing, licensing terms, usage restrictions, and any
additional terms and conditions.
“Order” or “Order Form” means a legally binding document, website page, or elec
tronic mail that outlines the specific details of Your purchase of Anaconda Offe
rings or Anaconda Services, including but not limited to product specifications,
pricing, quantities, and payment terms either issued by Anaconda or from an App
roved Source.
“Personal Data” Refers to information falling within the definition of ‘personal
data’ and/or ‘personal information’ as outlined by Relevant Data Protection Reg
ulations, such as a personal identifier (e.g., name, last name, and email), fina
ncial information (e.g., bank account numbers) and online identifiers (e.g., IP
addresses, geolocation.
“Relevant Data Protection Regulations” mean, as applicable, (a) Personal Informa
tion Protection and Electronic Documents Act (S.C. 2000, c. 5) along with any su
pplementary or replacement bills enacted into law by the Government of Canada (c
ollectively “PIPEDA”); (b) the General Data Protection Regulation (Regulation (E
U) 2016/679) and applicable laws by EU member states which either supplement or
are necessary to implement the GDPR (collectively “GDPR”); (c) the California Co
nsumer Privacy Act of 2018 (Cal. Civ. Code subsection 1798.198(a)), along with i
ts various amendments (collectively “CCPA”); (d) the GDPR as applicable under se
ction 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data P
rotection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Reg
ulations 2019 (as amended) (collectively “UK GDPR”); (e) the Swiss Federal Act o
n Data Protection of June 19, 1992 and as it may be revised from time to time (
the “FADP”); and (f) any other applicable law related to the protection of Perso
nal Data.
“Site License” means a License that confers Customer the right to use Anaconda
Offerings throughout an organization, encompassing authorized Users without requ
iring individual licensing arrangements. Site Licenses have limits based on comp
any size as set forth in a relevant Order, and does not cover future assignment
of Users through mergers and acquisitions unless otherwise specified in writing
by Anaconda.
“Software” means the Anaconda Offerings, including Upgrades, firmware, and appli
cable Documentation.
“Subscription” means the payment of recurring Ffees for accessing and using Anac
onda’s Software and/or an Anaconda Service over a specified period. Your subscri
ption grants you the right to utilize our products, receive updates, and access
support, all in accordance with our terms and conditions for such Offering.
“Subscription Fees” means the costs and Fees associated with a Subscription.
“Support Services” means the support and maintenance services provided by Anacon
da to You in accordance with the relevant support and maintenance policy (“Suppo
rt Policy”).
“Third Party Services” means external products, applications, or services provid
ed by entities other than Anaconda. These services may be integrated with or use
d in conjunction with Anaconda’s offerings but are not directly provided or cont
rolled by Anaconda.
“Upgrades” means all updates, upgrades, bug fixes, error corrections, enhancemen
ts and other modifications to the Software.
“Usage Term” means the period commencing on the date of delivery and continuing
until expiration or termination of the Order, during which period You have the r
ight to use the applicable Anaconda Offering.
“User” means the individual, system (e.g. virtual machine, automated system, se
rver-side container, etc.) or organization that (a) has visited, downloaded or u
sed the Offerings(s), (b) is using the Offering or any part of the Offerings(s),
or (c) directs the use of the Offerings(s) in the performance of its functions.
“Version” means the Offering configuration identified by a numeric representatio
n, whether left or right of the decimal place.
OFFERING DESCRIPTION: MINICONDA
This Offering Description describes the Anaconda Premium Repository (hereinafter
the “Premium Repository”). Your use of the Premium Repository is governed by th
is Offering Description, and the Anaconda Terms of Service (the “TOS”, available
at www.anaconda.com/legal), collectively the “Agreement” between you (“You”) an
d Anaconda, Inc. (“We” or “Anaconda”). In the event of a conflict, the order of
precedence is as follows: 1) this Offering Description; 2) if applicable, a Cust
om Agreement; and 3) the TOS if no Custom Agreement is in place. Capitalized ter
ms used in this Offering Description and/or the Order not otherwise defined here
in, including in Section 6 (Definitions), have the meaning given to them in the
TOS or Custom Agreement, as applicable. Anaconda may, at any time, terminate thi
s Agreement and the license granted hereunder if you fail to comply with any ter
m of this Agreement. Anaconda reserves all rights not expressly granted to you i
n this Agreement.
- Miniconda. In order to access some features and functionalities of Business,
You may need to first download and install Miniconda. - Copyright Notice. Miniconda(R) (C) 2015-2024, Anaconda, Inc. All rights reser
ved under the 3-clause BSD License. - License Grant. Subject to the terms of this Agreement, Anaconda hereby grants
You a non-exclusive, non-transferable license to: (1) Install and use Miniconda
(R); (2) Modify and create derivative works of sample source code delivered in M
iniconda(R) subject to the Anaconda Terms of Service (available at https://legal
.anaconda.com/policies/en/?name=terms-of-service); and (3) Redistribute code fil
es in source (if provided to You by Anaconda as source) and binary forms, with o
r without modification subject to the requirements set forth below. - Updates. Anaconda may, at its option, make available patches, workarounds or
other updates to Miniconda(R). Unless the updates are provided with their separa
te governing terms, they are deemed part of Miniconda(R) licensed to You as prov
ided in this Agreement. - Support. This Agreement does not entitle You to any support for Miniconda(R).
- Redistribution. Redistribution and use in source and binary forms, with or wi
thout modification, are permitted provided that the following conditions are met
: (1) Redistributions of source code must retain the above copyright notice, thi
s list of conditions and the following disclaimer; (2) Redistributions in binary
form must reproduce the above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other materials provided with
the distribution. - Intellectual Property Notice. You acknowledge that, as between You and Anacon
da, Anaconda owns all right, title, and interest, including all intellectual pro
perty rights, in and to Miniconda(R) and, with respect to third-party products d
istributed with or through Miniconda(R), the applicable third-party licensors ow
n all right, title and interest, including all intellectual property rights, in
and to such products.
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