Software Terms
The terms set forth in these Software Terms (these “Terms”) are in addition to, and not in lieu of, the terms set forth in the Enterprise Agreement (https://ranchergovernment.com/terms-and-conditions) to which RGS customers are bound to these Terms. Capitalized terms used, but not otherwise defined, in these Terms shall have the respective meanings ascribed to such terms in the Enterprise Agreement.
1. Scope
1.1. Copyright Protection. These RGS Software Terms govern the software products for which Customer has acquired licenses, any media or reproductions (physical or virtual) and accompanying documentation (collectively the “Software”), which are protected by the copyright laws and treaties of the United States (“U.S.”) and other countries. If the laws of Customer’s principal place of business require contracts to be in the local language to be enforceable, such local language version may be obtained from RGS upon written request and shall be deemed to govern Customer’s purchase of licenses to the Software.
1.2. AI Supplemental Terms. RGS and its affiliates make available infrastructure software and tools that are optimized for deploying and managing artificial intelligence applications. These include RGS- and SUSE-branded software programs developed by RGS and/or its affiliates; software programs developed by third parties; trademarks owned by RGS and/or its affiliates (“RGS Marks”); and documentation accompanying such software programs, which are made available for download by RGS on a trusted RGS registry, on the Rancher Government Solutions Customer Center (RGSCC) or on another RGS-authenticated portal (such software programs, compilations of software programs, trade marks and documentation made available for download, together being “RGS AI”).
1.3. Open Source Software. Nothing in this Agreement shall restrict, limit or otherwise affect any rights or obligations Customer may have, or conditions to which Customer may be subject, under any applicable open source licenses to any open source code contained in the Software. The Software may include or be bundled with other software programs licensed under different terms and/or licensed by a third party other than RGS. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement.
1.4. Subscription Services and Support. RGS has no obligation to provide Services relating to the Software unless Customer purchases a Subscription Offering that expressly includes such Services. RGS sells Subscription Offerings for the Software that entitles Customer to fee-based technical support and/or internal use of Software updates provided on a specified annual period and are subject to the RGS Support and Maintenance Terms of Service set forth at https://ranchergovernment.com/terms-and-conditions.
2. Intellectual Property
2.1. Trademarks. No right or license, express or implied, is granted under this Agreement with respect to any trademark, trade name or service mark of RGS or its Affiliates or licensors (“Mark”). This Agreement does not permit Customer to distribute the Software or its components using RGS's trademarks, regardless of whether the copy has been modified. Customer may make a commercial redistribution of the Software only if permitted under a separate written agreement with RGS authorizing such commercial redistribution.
2.2. Ownership. No title to or ownership of the Software is transferred to Customer. RGS and/or its third party licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. The Software is not sold to Customer; Customer acquires only a conditional license to use the Software. Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives Customer no rights to such content.
2.3. License Rights. Subject to Customer obtaining and maintaining the relevant subscription for the Software and Customer’s compliance with the terms and conditions of this Agreement, RGS grants to Customer a limited (during the term of the applicable RGS Order Form or authorized RGS Reseller Purchase Order), non-exclusive, non-transferable, worldwide license to reproduce and use copies of the Software (including updates and upgrades) within Customer’s Organization. For purpose of this Section, "Organization" means a legal entity and its Affiliates. The license granted under this Section 2.3 is conditioned upon Customer being responsible and liable for any breach of the provisions of this Agreement by Customer’s Affiliates.
2.4. Restrictions. RGS reserves all rights not expressly granted to Customer. The Software is licensed for Customer’s internal use only. Except as this Agreement expressly allows and without limiting any rights or obligations set forth in Section 1.2 above, Customer may not: (i) remove any patent, trademark, copyright, trade secret or other proprietary notices or labels on the Software or its documentation; (ii) modify, alter, copy, create derivative works, reverse engineer, decompile, or disassemble the Software except and only to the extent expressly permitted by applicable law; (3) transfer, assign, pledge, rent, timeshare, host or lease the Software, or sublicense any of Customer’s license grants or rights under this Agreement, in whole or in part, without prior written permission of RGS; (4) use the Software in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (5) disclose the results of any performance, functional or other evaluation or benchmarking of the Software to any third party without the prior written permission of RGS; or (6) or use the Software for purposes of developing, using or providing a competing software product or service.
3. LIMITATIONS
3.1. Limited Warranty. RGS warrants that the media that the Software is delivered on will be free from defects in materials and manufacture under normal use for a period of sixty (60) days from the date of delivery to Customer. WITHOUT LIMITING THE TERMS OF SECTION 5.2 OF THE AGREEMENT, THE FOREGOING WARRANTY IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. SAVE FOR THE FOREGOING WARRANTY, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3.2. Non-RGS Products. The Software may include or be bundled with hardware or other software programs or services licensed or sold by an entity other than RGS. RGS DOES NOT WARRANT NON-RGS PRODUCTS OR SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WARRANTY SERVICE IF ANY FOR NON-RGS PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THEIR APPLICABLE WARRANTY, IF ANY.
3.3. Effect of Termination. Termination or expiration of Customer’s Software subscription means that Customer will not be entitled to update or upgrade the Software or any non-open source version of the Software previously subscribed to by Customer under the Agreement. Customer may, however, continue using the open-source version of Software which may require a rollback procedure, recognizing that any paid features will automatically be deactivated should Customer elect not to renew its license for such features. Customer acknowledges and agrees that RGS may continue to update and improve the Software in ways that may be incompatible with the open-source version of the Software. It is Customer’s responsibility to ensure that Customer’s data is backed up and migrated out of Customer’s Software environment.
4. AI Terms
4.1. Applicability of Terms. The terms set out in this Section 4 (“AI Terms”) apply to the purchase of Services for RGS AI (“RGS AI Subscriptions”). If there is a conflict between these AI Terms and any other provision of the Agreement, these AI Terms prevail. The usage restrictions set out in these AI Terms apply to Customer's use of RGS AI Offerings even after expiry or termination of the Agreement. To the extent that any code forming part of RGS AI is provided under an open source license that does not permit RGS to impose usage restrictions, the usage restrictions set out in these AI terms will not limit, supersede or modify Customer’s rights under the relevant OSS License applicable to Customer's use of that code (but they will apply to the remainder of RGS AI).
4.2. Definitions. Capitalized terms used but not defined in these AI Terms have the respective meanings given to such terms in the Agreement. The following terms shall have the following respective meanings within these AI Terms.
4.2.1. “AI” means artificial intelligence.
4.2.2. “AI Act” means Regulation (EU) 2024/1689 of the European Parliament and of the Council laying down harmonized rules on Artificial Intelligence, as amended and adopted into EU law.
4.2.3. “AI Model” means any AI model (including but not limited to machine learning models, large language models and multimodal models) that the Customer runs, hosts, uses or accesses using RGS AI, regardless of whether that model is provided by RGS, the Customer or a third party.
4.2.4. “AI Output” means content, data, information or anything else generated by: (a) an AI Model in response to Customer’s or an End Customer’s input of prompts into or via RGS AI; or (b) Third Party Integrations with RGS AI in response to input of prompts into or via RGS AI or into those Third Party Integrations.
4.2.5. “End Customer” means: (a) an individual or entity that purchases or otherwise receives the RGS AI Offerings from Customer or accesses or uses the RGS AI Subscriptions via the RGSCC, for its own internal use; and/or (b) an individual or entity that receives a product or service offered by Customer which incorporates or is provided using the RGS AI Offerings.
4.2.6. “Feedback” has the meaning given in Section 4.5.3.
4.2.7. “High Risk System” means an AI system that is “high risk”, as defined by the AI Act.
4.2.8. “RGS AI” has the meaning given to it in Section 1.2. RGS AI is an RGS Product for the purposes of the Agreement. “RGS AI Offerings” means RGS AI applications, integrations, and the RGS AI Subscriptions.
4.2.9. “RGS AI Subscriptions” has the meaning given to it in Section 4.1. RGS AI Subscriptions are Subscription Offerings for the purposes of the Agreement
4.2.10. “Third Party Integrations” has the meaning given in Section 4.3.1.
4.2.11. “Third Party Materials” means any software, code, AI Models and other materials provided by a third party, including all modifications to the same.
4.3. Third Parties.
4.3.1. Third Party Software and Third Party Integrations. RGS AI is designed to download, integrate and/or interface with certain Third Party Materials that are not made available by RGS as part of RGS AI, including AI Models (“Third Party Integrations”). RGS does not distribute the Third Party Integrations. These AI Terms govern Customer’s use of the RGS AI Offerings, and do not grant Customer rights to, nor govern the use of, Third Party Integrations. Customer shall be solely responsible, and agrees that RGS shall have no liability or responsibility, for any Third Party Materials used or engaged by Customer.
4.3.2. Third Party Materials. Nothing in these AI Terms or in the Agreement shall operate to grant rights in, or transfer ownership in respect of, any Third Party Materials. Customer is solely responsible for obtaining, complying with, and paying all fees in respect of, all applicable licenses or service agreements with respect to such Third Party Materials including without limitation, any AI Models it chooses to deploy with RGS AI.
4.4. Compliant Use of RGS AI
4.4.1. Prohibitions. Customer shall not use the RGS AI Offerings to: (i) spread false information or deceive others; (ii) perform or facilitate unlawful tracking, monitoring, or identification of individuals; (iii) depict a person's voice or likeness without their consent or appropriate rights, including unauthorized impersonation and non-consensual sexual imagery; (iv) harm or abuse minors in any way, including grooming and child sexual exploitation; (v) harass, harm, or encourage harm towards individuals or specific groups; (vi) perform a lethal function in a weapon without human authorization or control; or (vii) perform or support any other illegal or unlawful activity.
4.4.2. Significant Decisions. “Significant Decisions” are those that have a significant impact on a person's fundamental rights, health, or safety. If Customer (or any End Customer) wishes to use the RGS AI Offerings for Significant Decisions, Customer shall: (i) evaluate the potential risks associated with each use case; and (ii) implement appropriate human oversight, testing, and other safeguards specific to Customer’s (or the relevant End Customer’s) use case. Examples of Significant Decisions include medical diagnoses, judicial proceedings, access to critical benefits, educational opportunities, employment decisions, lending/credit, and the provision of legal, financial, or medical advice.
4.4.3. Regulatory Compliance. RGS AI is a tool that can assist Customer with meeting its regulatory compliance requirements, but Customer is solely responsible for ensuring it takes all steps, including deploying all tools and verification processes necessary to ensure the security of each of its systems and data and the legality of its (and its End Customers’) use of RGS AI. Machine learning models, including those accessed using or incorporated into RGS AI, generate predictions based on patterns in data, which means there is a possibility of generating inaccurate or inappropriate content. RGS may make personnel available under the Agreement (or a separately entered into professional services agreement) to provide advice and guidance to the Customer with respect to the technical aspects of the Customer’s or an End Customer’s deployment of RGS AI. However, RGS does not and will not advise the Customer or an End Customer on the lawfulness of any proposed use cases or whether the technical configuration and deployment of RGS AI (including any interactions with Customer or End Customer systems or data) is itself lawful. Without limiting the foregoing, Customer is solely responsible for: (i) assessing the legality of its (and its End Customers’) use of RGS AI and ensuring that it and its End Customers have complied with all applicable laws in relation to their use of RGS AI; (ii) the decisions made, advice given, actions taken, and failures to take action based on the use of RGS AI; and (iii) ensuring the RGS AI Offerings, and the systems into which they are incorporated or interfaced with, are configured to protect the security, confidentiality and integrity of any Customer or End Customer data consumed, or generated, by RGS AI. Customer represents and warrants that neither Customer nor any End Customer has relied on, nor will they rely on, any advice from RGS as to the lawfulness or legality of Customer’s or an End Customer’s use or deployment of the RGS AI Offerings.
4.4.4. AI Outputs. AI Output is not provided by RGS; it is generated by Customer using RGS AI together with Customer’s prompts and any AI Models or Third Party Integrations. RGS does not guarantee the accuracy, completeness, or timeliness of the AI Output and makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the AI Output for any purpose. The AI Output may link to other websites that are not under RGS’s control. RGS does not control those sites' nature, content, and availability and including links does not imply a recommendation by RGS or endorsement by RGS of the views expressed within them.
4.4.5. Use and distribution of RGS AI. If Customer wishes to deploy RGS AI as, or otherwise incorporate RGS AI into, a High Risk System, Customer shall: remove all RGS Marks and branding from RGS AI prior to distributing it or otherwise making it available to third parties.
4.4.6. RGS’s Status. RGS is not a provider, distributor, importer or deployer of a High Risk System by virtue of offering RGS AI. The use of the term “distribution” in these AI Terms does not mean that RGS is a distributor of a High Risk System for the purposes of the AI Act.
4.5. Feedback and Rights in AI Output
4.5.1. AI Outputs. Customer acknowledges and agrees that, due to the nature of machine learning, the output generated by the Customer using RGS AI and AI Models may not be unique and could be generated by other RGS customers using RGS AI.
4.5.2. Rights in AI Outputs. As between the Parties, RGS does not claim ownership in the AI Outputs and, to the extent permitted by applicable law, RGS agrees that Customer owns all AI Outputs.
4.5.3. Feedback. Customer may, but is not obligated to, provide suggestions, requests, fixes, modifications, enhancements, or other feedback regarding or in connection with the RGS AI Offerings (“Feedback”). If Customer provides Feedback, Customer hereby grants RGS its Affiliates and its designees a non-exclusive, perpetual, irrevocable, sublicensable, worldwide, royalty-free, fully paid-up and transferable license, to publicly perform, publicly display, reproduce, use, make, have made, sell, offer for sale, distribute (through multiple tiers of distribution), import, modify, create derivative works of and otherwise commercialize and exploit the Feedback, whether as part of RGS AI or otherwise, at RGS’s sole discretion.
4.6. Disclaimer. RGS PROVIDES THE RGS AI OFFERINGS WITHOUT WARRANTY AND ON AN ‘AS IS’ BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, RGS EXCLUDES AND IS NOT LIABLE FOR ANY REPRESENTATION, CONDITION, UNDERTAKING OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED TERMS OR CONDITIONS AS TO THE CONDITION, PERFORMANCE, FITNESS FOR PURPOSE, SATISFACTORY QUALITY OR NON-INFRINGEMENT OF THE RGS AI OFFERINGS WHICH ARE NOT SET OUT IN THESE AI TERMS. RGS DOES NOT WARRANT THAT THE RGS AI OFFERINGS WILL BE WITHOUT DEFECT OR ERROR OR MEET ANY CUSTOMER OR END CUSTOMER REQUIREMENTS OF ANY KIND.
5. RGS Observability License & Supplement Terms
5.1. General
5.1.1. RGS makes available observability software that includes: software programs developed by RGS and/or its affiliates; trademarks owned by RGS and/or its affiliates; and documentation accompanying such software programs (such software programs, compilations of software programs, trademarks and documentation together being “RGS Observability”).
5.1.2. This Section 5 sets out the license terms on which Customer may download and use RGS Observability (“Observability License”). For clarity, the RGS License Agreements available at www.ranchergovernment.com/termsandconditions do not apply to RGS Observability.
5.1.3. Customer may not download or use RGS Observability unless and until it has purchased (and have one or more current) subscriptions entitling it to receive support for RGS Prime (each an “RGS Prime Subscription”).
5.1.4. Some features of RGS Observability are available free of charge to customers who have an RGS Prime Subscription (such included observability features being “RGS Prime Observability”) and some features of RGS Observability are available, at an additional fee, as a paid add-on RGS Prime Subscription (such chargeable observability features being “RGS Observability Platform Optimization Add On”). Some provisions of this Observability License apply only to RGS Prime Observability, some only to RGS Observability Platform Optimization Add On and some to both sets of software. A provision that applies to both products will refer to “RGS Observability”.
5.1.5. Any add-on, extension, update, mobile application, module, adapter or support release to RGS Observability that Customer may download or receive that is not accompanied by another license agreement is governed by this Observability License. Nothing in this Observability License amends Customer’s license rights to use any other RGS Product that is governed by a separate license.
5.2. Restrictions
5.2.1. Customer shall not (and shall not permit its employees, agents, contractors or any third party to): (a) use RGS Observability other than as specified in this Observability License without the prior written consent of RGS; (b) sub-license, assign or novate the benefit or burden of this Observability License in whole or in part; (c) copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to RGS Observability in whole or in part except to the extent that any reduction of RGS Observability to human readable form (whether by reverse engineering, decompilation or disassembly) is necessary for the purposes of integrating the operation of RGS Observability with the operation of other software or systems used by Customer, and Customer has, prior to undertaking such reduction, provided RGS with the opportunity to conduct the work within a reasonable period subject to payment of RGS’s reasonable costs; (d) export RGS Observability in violation of US laws or any other applicable export control laws; (e) use RGS Observability for any prohibited use, such as but not limited to nuclear technology applications, missile, or other military guidance systems and biological weaponry; (f) alter or remove any of RGS’s or its licensors’ copyright or proprietary rights notices or legends appearing on or in RGS Observability; (g) modify, distribute or otherwise use RGS Observability in any manner that causes any portion of RGS Observability that is not already subject to an open source license to become subject to the terms of any open source license; or (h) use RGS Observability in a manner that breaches any applicable laws.
5.2.2. Customer shall not circumvent, or attempt to circumvent, any license management, security devices, access logs, or other measures provided, or permit or assist any person or any third party to do the same.
5.2.3. Customer may make such backup copies of RGS Observability for its lawful use.
5.3. Customer Responsibilities
5.3.1. Interfaces. Customer is solely responsible for procuring, installing, licensing, configuring, securing and maintaining Customer’s systems, hardware, networks and environment on which RGS Observability is installed and/or that it monitors or observes (the “Customer System”). Customer is solely responsible for selecting, implementing, activating, deactivating, and configuring each of the connections between each interface between the Customer System and RGS Observability (the “Interfaces”) and configuring RGS Observability, including with respect to how they interoperate with the Customer System and the Interfaces.
5.3.2. Customer has sole responsibility for the legality, reliability, accuracy and quality of all data it provides to RGS, which shall include any data Customer enters into RGS Observability.
5.4. Integrations with Third Party Products
5.4.1. Customer acknowledges that RGS Observability may enable or assist Customer to access the website content of, correspond or integrate or interface with, and purchase products and services from, third parties via third-party data websites (each a “Third Party Site”), and that Customer does so solely at Customer’s own risk. Whilst those third party products and services are intended to be complementary to the RGS Observability and enhance Customer's overall experience of RGS Observability, RGS makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to: (a) the content, output or use of any such Third Party Site, including the accuracy, reliability or integrity of any data sent from or to the Third Party Site; (b) any transactions completed, and any contract entered into by Customer, with the operator of such Third Party Site; (c) or the functionality or performance of the Third Party Site or, except as specified in Section 5.4.2, any integration or interface between the Third Party Site and either the Customer System or RGS Observability. Any contract entered into and any transaction completed via any Third Party Site is between Customer and the relevant third party operator, and not RGS. RGS does not endorse or approve any Third Party Site nor the content of any Third Party Site.
5.4.2. RGS does not provide support services or any other support for Third Party Sites or any integrations or interfaces with the Third Party Sites. RGS will use reasonable efforts to assist Customer with finding a workaround for incidents arising with the “Supported Integrations” (being the integrations between RGS Observability and the third party services listed at https://docs.stackstate.com from time to time). Such assistance will comprise consulting publicly available knowledge articles and community resources. RGS will not provide any technical coding or engineering support in respect of the Supported Integrations, and Customer is responsible for obtaining technical support for those components and tools.
Last Updated: 08/15/2025