RStudio End User License Agreement (EULA)

This End User License Agreement including all Order Forms, the Software License Descriptions and all documents linked to herein and therein (collectively, this "Agreement") is a legal agreement between you ("you") and RStudio, PBC, a Delaware corporation with its principal place of business at 250 Northern Avenue, Suite 410, Boston, Massachusetts 02210 ("RStudio"), that governs your use of RStudio's proprietary Software, directly from RStudio or indirectly through an RStudio authorized reseller or distributor (a "Reseller"). It is effective between you and RStudio as of the Subscription Start Date. Your execution of an Order Form constitutes a binding noncancelable commitment to license the Software set forth in the Order Form under the terms and conditions of this Agreement. All Order Forms, the Software License Descriptions and all documents linked to herein and therein are incorporated into this End User License Agreement by reference.

IMPORTANT - PLEASE READ CAREFULLY BEFORE YOU DOWNLOAD OR USE THE SOFTWARE

By clicking on the “accept” button at the end of this document or by accessing, executing or otherwise using the Software, you acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. If you are not willing to be bound by the terms of this Agreement, do not access or use the Software.

If you are using the Software in your capacity as employee or agent of a company or organization, then any references to “you” in this agreement shall refer to such entity and not to you in your personal capacity. You warrant that you are authorized to legally bind the company or organization on whose behalf you are accessing the Software. If you are not so authorized, then neither you nor your company or organization may use the Software in any manner whatsoever.

1.Defintions.

1.1 "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes hereof, means (a) the legal power to direct or cause the direction of the general management and policies of an entity whether directly or indirectly and whether through the ownership of voting securities, by contract, or otherwise, or (b) the beneficial ownership, whether direct or indirect, of fifty percent (50%) or more of the voting securities or other ownership interest or other comparable equity interests of an entity.

1.2 "Customer Application" means a software application independently developed by you or your Users and/or deployed by you or your Users using the Software.