Mulltta is owned and operated by Mulltta PTE LTD ("Mulltta", "Company", "we", "us", and "our"). This product guide defines specific terms and license details.
1. License Types
An software image is deployed by means of a virtualization package such as Docker or Kubernetes into a computing environment. The Deployed Image contains the necessary operating system environmental data and the software product itself, and is distributed as a file or other digital object.
A single licence of this type entitles the customer to have the image deployed once, on one computing environment at any given time. The image counts as being deployed regardless of the state of the computer environment it is deployed onto, i.e. deployed onto a computing environment which is later shutdown, still counts as being deployed. If the customer wishes to deploy the image onto a different computing environment, or again into the same computing environment, all trace of the previously deployed image must be removed first.
2. License Parameters
|Core||A Core is an independent processing unit on a physical chip (that processes the main instructions on the computer) that can read and execute a set of processing instructions separately from other independent processing units on the same physical chip. The maximum cores license parameter must be greater than the total number of cores accessible to the software in the deployed computing environment.|
|CPU||A CPU is a central processing unit that interprets computer program instructions and processes data. The maximum CPU license parameter must be greater than the total number of CPUs accessible by the software in the deployed computing environment.|
|Currency||A national or virtual currency, commodity, asset or anything which can be traded. The maximum Currency license parameter restricts the software in the deployed image to a maximum simultaneous number of configured currencies.|
|Order Book||An order book is the list of orders that a trading venue uses to record the interest of buyers and sellers of a particular trading instrument. The maximum Order Book license parameter restricts the software in the deployed image to a maximum simultaneous number of configured Order Books.|
|User||A User is a named individual or unique identity with access to interact with the deployed image. The maximum User license parameter restricts the software in the deployed image to a maximum simultaneous number of configured Users.|
|vCPU||A vCPU (virtual CPU) represents a portion or share of a physical CPU that is assigned to a virtual machine. The maximum vCPU license parameter must be greater than the total number of vCPUs accessible to the software in the deployed computing environment.|
3. Product Specific Terms
|Continuing Support||Continuing Support consists exclusively of Mulltta making reasonable efforts to provide existing workarounds to problems with the Software reported to Mulltta by Customer. For added certainty, Continuing Support does not include things such as new code patches/fixes, enhancements, access to escalation engineers, analysis of new defects, security alerts, regulatory updates, upgrade scripts or third party support. If Continuing Support is being provided for an earlier version of an item of Software for which Maintenance Services are currently available, then Customer must upgrade or migrate to the then-current version of such Software on or before the end of the term of the Continuing Support.|
|Designated Support Engineer||The Designated Support Engineer (DSE) shall be Customer's first point of contact and coordinator for Maintenance Services involving the Covered Software. The DSE's services will be provided remotely during the standard business hours of Mulltta. Mulltta shall assign the person to be the DSE and may change such person at its sole discretion. If the DSE is unavailable (e.g., illness, vacation), Mulltta will assign another person to temporarily fulfill the DSE role. The DSE is provided as part of Maintenance Services under the terms and conditions governing the Covered Software.|
License. Mulltta hereby grants Licensee a non-exclusive and non-transferable, license to use the Freeware, in executable object code form only, for personal or internal business purposes, for the duration specified by Mulltta. Licensees who are partners of Mulltta may use the Freeware on their customer sites for promotional purposes only, provided, however, that if their customer wishes to obtain their own copy of the Freeware, Licensee must direct their customer to Mulltta's download site to obtain a copy of the Freeware. Mulltta may change the scope of use restrictions set forth herein at any time in its sole discretion. This license does not entitle Licensee to receive from Mulltta hard-copy Documentation, technical support, continuing support, maintenance, telephone assistance, or enhancements or updates to the Freeware. If Mulltta releases a commercial version of the Freeware, the parties shall agree upon the fees and terms of such use in a separate signed agreement.
Disclaimer of Warranty. The freeware is provided free of charge, and, therefore, on an "as is" and unsupported basis, without warranty of any kind, express or implied, including without limitation the warranties that it is free of defects, virus free, able to operate on an uninterrupted basis, merchantable, fit for a particular purpose or non-infringing. This disclaimer of warranty constitutes an essential part of the agreement. No use of the freeware is authorized hereunder except under this disclaimer.
Fees and Taxes. There is no fee for Licensee's use of the Freeware in accordance with the Agreement, however, Licensee is responsible for any applicable charges or taxes which may be incurred under the Agreement, and any fees which may be associated with usage beyond the scope permitted herein
Limitation of Liability and Damages. With respect to freeware, in no event will Mulltta, its subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to licensee under any contract, negligence, strict liability or other legal or equitable theory for any consequential, incidental, indirect or special damages whatsoever (including, but not limited to, damages for loss of business profits, business interruption, loss of business information and data and the like), whether foreseeable or unforeseeable, or for cost of procurement of substitute goods, technology or services, regardless of the basis of the claim and even if Mulltta or a Mulltta representative has been advised of the possibility of such damage. Mulltta's cumulative liability for damages for any cause whatsoever, and regardless of the form of the action, will be limited to $0.
|Matching Engine||A software facility which accepts and manages order flow.|
|Prioritised Support||Prioritised Support provides a shared, named Support Account Manager (SAM) as a single point of contact to manage the escalation and resolution of Service request, to provide Service request reports, and to attend calls with Customer to review priorities. Additionally, the SAM will communicate Customer priorities to the Mulltta support team, review and document Customer's Software assets, gain an understanding of Customer's environment and future plans, provide proactive notification of Software patches and fixes.|
4. Other Terms
Notwithstanding anything otherwise set forth in the Agreement, the terms and restrictions set forth in the Agreement shall not prevent or restrict Customer from exercising additional or different rights to any source software that may be contained in or provided with the Products in accordance with the applicable open source licenses.
Customer is hereby notified that the Software may collect certain information from the Customer and transmit such information back to Mulltta or its suppliers. Such information may include, without limitation, statistics relating to how often the Software and tools are started and completed, the duration of use of the Software, performance metrics relating to the Software, and Software configuration settings. In addition, Customer is hereby notified that:
- The Software may require a registration process whereby machine specific identifiers (that have been encrypted and are unique but anonymous) such as the username and email address for the user are transmitted to Mulltta's licensing server to allow Mulltta to generate a unique key that is bound to the specific computer on which the Software may be used.
- The Software may communicate with Mulltta's patching server and allow Customer to download patches when they are available.
- The Software may provide a 'Feedback' facility that allows Customer to send suggestions and ideas for improving the Software.
- The Software may include a mechanism to transmit information to Mulltta regarding unhandled exceptions.
- The Software may make connections to Mulltta servers to verify license validity.
By using the Software, Customer hereby consents to the collection of such information by the Software, the transmission of such information to Mulltta or its suppliers, and the use of such information by Mulltta or its suppliers for any purpose without restriction.
This Product Guide may be amended from time to time by Mulltta, provided, however, that the terms and conditions of this Product Guide that are in existence as of the date Mulltta accepts an order placed by Licensee or Customer shall apply to the specific Software referenced in such order regardless of any changes that are subsequently made to this Product Guide.