End-User License Agreement (EULA)

Updated: July 21, 2025

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. INSTANTIATIONS WILL LICENSE THE SOFTWARE TO YOU ONLY IF YOU AGREE TO THE TERMS OF THIS AGREEMENT. BY INSTALLING EACH VERSION OF THE SOFTWARE AND/OR BY PURCHASING, OR RENEWING YOUR PURCHASE OF, SUPPORT SERVICES, YOU (A) AGREE TO THESE TERMS, AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND BIND SUCH ENTITY TO ITS TERMS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS AGREEMENT TO, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT CONCERNING, ANY SOFTWARE THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF THE SOFTWARE.

This End User License Agreement (this "Agreement") is a binding agreement between you, the end user of the Software, and Instantiations, Inc. (“Instantiations”), which owns the VAST Platform / VAST / VA Smalltalk software (the "Software"), and which is protected by copyright law. This Agreement sets forth your rights and obligations with respect to your use of the Software, as well as the terms and conditions of any technical support services that are included with your license or that you have purchased from Instantiations (the “Support Services”).

AUTHORIZATION. The Software is licensed perpetually and includes one year of upgrades, maintenance, and Support Services. The Software is licensed on a per-Developer basis. A “Developer” is defined as anyone in your organization who makes Use of the Software. “Use” includes, but is not limited to, inspecting source code, creating source code, modifying source code, and packaging source code. Licenses cannot be shared. There are no partial or fractional Developers for purposes of this Agreement; accordingly, each part-time Developer will require such Developer’s own license. Developers may not make Use of the same Software license across different organizations, companies, or business entities.

SUPPORT PLAN RESTRICTIONS. Obtaining Support Services for Software versions less than 9.0 requires a minimum of five active support plan licenses; however, current customers whose active support plans for such versions of the Software fall below this five-license threshold will continue receiving Support Services under their active support plans unless their licenses are reduced further. When multiple supported versions are in use, the lowest (oldest) version applies.

YOUR OBLIGATIONS IN CONNECTION WITH SUPPORT SERVICES. In order to receive the Support Services, you agree to:

provide Instantiations’s personnel with all such cooperation and assistance as they may reasonably request, or otherwise may reasonably be required, to enable Instantiations to provide the Support Services under and in accordance with the terms and conditions of this Agreement, including, but not limited to: (a) reasonable, uninterrupted access, to the Software and Customer's systems, (b) reasonable access to your personnel, including network, systems, operations, and applications personnel; and (c) all necessary authorizations and consents, whether from third parties or otherwise, in connection with any of the foregoing;
back up all data, files, and information prior to the performance of any Support Services and you hereby assume sole responsibility for any lost or altered data, files, or information;
designate one or more individuals to serve as your primary point of contact for day-to-day communications, consultation, and decision-making regarding the Support Services; and
provide Instantiations with all information reasonably requested from time to time relating to your use of the Software, including the Software version being used, as well as information regarding Customer's hardware, network, systems, and any related third-party materials.

EVALUATION/TRIAL USE. Prior to purchase, Instantiations grants you a non-exclusive, non-transferable, and non-perpetual (time limited) license to evaluate the Software. You may:

Use this trial Software only for internal evaluation, testing or demonstration purposes, on a trial or "try-and-buy" basis. THE TRIAL SOFTWARE LICENSE IS PROVIDED "AS-IS" AND SUPPORT SERVICES ARE NOT PROVIDED FOR EVALUATION/TRIAL LICENSES.
Make and install a reasonable number of copies of the Software in support of such use. The term of this evaluation/trial license ends immediately upon the first to occur of (x) the date that commercial development commences, or (y) the date that is 45 days from the date that the Software was originally downloaded. The terms of this evaluation/trial license apply to each copy you download. Circumventing or disabling the Software’s evaluation/trial expiration mechanism violates this Agreement.

COMMERCIAL USE. Subject to and conditioned upon your payment of the applicable licensing fees and your compliance with all terms and conditions set forth herein, Instantiations hereby grants you a non-exclusive, non-transferable, non-sublicensable license to use the Software on the terms and conditions set forth in this section. You may:

Use and run the Software, as properly installed in accordance with this Agreement and the Software’s documentation (the “Documentation”), solely as set forth in the Documentation.
Make and install copies of the Software to support the level of use authorized, provided that you reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Software. If you acquire this Software as a program upgrade, your authorization to use the Software from which you upgraded is terminated.

You will ensure that anyone who uses the Software does so only in compliance with the terms of this Agreement.

ACADEMIC USE. If you are an academic institution, Instantiations grants you a non-exclusive, non-transferable, non-sublicensable license to use the Software on the terms and conditions set forth herein. You may:

Install the Software on computers used solely for instructional purposes in your department, college, or specific university campus.
Make and install copies of the Software to support the level of use authorized, provided that you reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Software.

You will ensure that anyone who uses the Software does so only in compliance with the terms of this Agreement.

PROOF OF ENTITLEMENT. The invoices generated by Instantiations for the Software are evidence of your authorization to use this Software and of your eligibility for (and the scope of) Support Services, future upgrade program prices (if announced), and potential special or promotional opportunities.

COPYRIGHT. The Software and Documentation are copyrighted by Instantiations and are protected by U.S. and international copyright laws. All rights reserved. You agree not to remove any of Instantiations’s or any other party’s trademarks or copyright notices from the Software or Documentation.

RESTRICTIONS ON USE FOR MACHINE LEARNING AND AI. You may not use, and may not permit others to use, any portion of the Software—including, without limitation, proprietary libraries, frameworks, tools, templates, sample code, and other code or assets developed and owned by Instantiations—for the purposes of training, fine-tuning, evaluating, or otherwise developing any artificial intelligence, machine learning, deep learning, neural network or similar systems (AI/ML), including but not limited to large language models (LLMs), generative models, or similar technologies. This restriction applies regardless of whether the purpose is commercial, research, academic, or non-commercial in nature. For the avoidance of doubt, this restriction does not apply to:

Customer Code – Any code, data, or other content that you or your organization independently author and own, even if such code is authored, compiled, or executed within the Software; or
Third-Party Code – Any code, libraries, or components included in the Software that are governed by third-party licenses and not owned by Instantiations, provided that such third-party licenses do not themselves prohibit AI/ML use.

You may not extract, scrape, reverse engineer, or otherwise repurpose any portion of the Software for AI/ML ingestion or training. This includes both manual and automated means of collecting content for use in machine learning pipelines.

OTHER RESTRICTIONS. You may not disclose, publish, translate, rent, lease, transfer, export or otherwise make available the Software in any form, to any person or entity, except as expressly licensed herein. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software.

RUNTIME RIGHTS AND LIMITATIONS. You (a) cannot use Instantiations or related names, logos or trademarks to market your software without Instantiations’s express written permission in each instance; and (b) agree to indemnify, defend and hold Instantiations harmless from and against any claims, lawsuits and liabilities (including attorneys' fees) that arise or result from the use or distribution of your software. Subject to your compliance with the terms and conditions of this Agreement, no runtime fees or royalties are required for any applications that you develop with the Software.

REDISTRIBUTION INFORMATION. The Software may include files which you may redistribute (in object code form only) for use as part of an application created by you using the Software if the application is dependent upon such file or module. The files and modules you are authorized to redistribute, if any, are listed for the Software in the file "REDIST.TXT" included with the Software. Your authorization to redistribute such files is granted on the following conditions:

COPIES OF THESE FILES AND MODULES ARE PROVIDED “AS-IS” WITHOUT WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. You are responsible for all technical assistance for your application.
You may use these files and modules only in the development of your applications; they may not be included in any application you create using the Software that provides the same or similar functionality as the Software.
You agree to label each copy of your application with the copyright notices in the form provided for the Software in the "REDIST.TXT" file.
You agree to indemnify, defend and hold harmless Instantiations, its subsidiaries, and their suppliers from and against any third-party claim arising out of the use or distribution of your application.
You agree not to use any name or trademarks of Instantiations or its subsidiaries in connection with the marketing of your applications without Instantiations’ prior written consent in each instance.
You agree to prohibit the recipient from copying (except for backup purposes), transferring, reverse assembling, reverse compiling, or otherwise translating the files and modules except as specifically permitted by law and without the possibility of a contractual waiver.
You may redistribute (deploy) your finished software application to an unlimited number of users without royalties or additional fees when adhering to the other stipulations outlined in this Agreement.

REDISTRIBUTION OF CLASSES AND METHODS. When you create an application using the Software, you will incorporate certain classes and methods from the Software's class libraries into your application, and you may redistribute (in object code form only) and include certain of these classes and methods. The applications that contain the classes and methods you are authorized to redistribute, if any, are listed for the Software in the file "REDIST.TXT" included with the Software. Your authorization to redistribute such classes and methods is granted on the following conditions:

COPIES OF THESE CLASSES AND METHODS ARE PROVIDED “AS-IS” WITHOUT WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. You are responsible for all technical assistance for your application.
You may use these classes and methods only in the development of your applications; they may not be included in any application you create using the Software that provides the same or similar functionality as the Software.
You agree to indemnify, defend and hold harmless Instantiations, its subsidiaries, and their suppliers from and against any third-party claim arising out of the use or distribution of your application.
You agree not to use any name or trademarks of Instantiations or its subsidiaries in connection with the marketing of your applications without Instantiations's prior written consent in each instance.
You agree to prohibit each recipient of your applications from copying (except for backup purposes), transferring, reverse assembling, reverse compiling, or otherwise translating the classes and methods except as specifically permitted by law and without the possibility of a contractual waiver.
You may redistribute (deploy) your finished software application to an unlimited number of users without royalties or additional fees when adhering to the other stipulations outlined in this Agreement.

Your right to redistribute hereunder does not include the right to redistribute all the classes and methods found in the Software development environment. For example, you are not permitted to redistribute classes and methods from the implementation of the Software development environment or from its tools and utilities.

GENERAL INDEMNIFICATION. You agree to indemnify, defend and hold harmless Instantiations, its subsidiaries, and their suppliers from and against any claims, lawsuits, judgments, fines, penalties, damages, costs (including attorneys' fees) and liabilities (collectively, “Losses”) arising out of your use of the Software, including your use of the Software’s programming tools and code assist tooling.

DISCLAIMER OF WARRANTIES. THE SOFTWARE, DOCUMENTATION AND SUPPORT SERVICES ARE PROVIDED TO YOU "AS-IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INSTANTIATIONS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE INSTANTIATIONSS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION AND SUPPORT SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, INSTANTIATIONS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

(a) IN NO EVENT WILL INSTANTIATIONS AND ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF USE, DATA, BUSINESS, REVENUE, PROFIT, GOODWILL, OR REPUTATION, (b) BUSINESS INTERRUPTION, INCREASED COSTS, OR DIMINUTION IN VALUE, OR (c) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT WILL INSTANTIATIONS'S AND ITS AFFILIATES' COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO INSTANTIATIONS FOR THE SOFTWARE AND SUPPORT SERVICES THAT ARE THE SUBJECT MATTER OF THIS AGREEMENT.

(c) THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

FORCE MAJEURE. In no event will Instantiations be liable or responsible to you, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond Instantiations’s reasonable control (a "Force Majeure Event"), including, but not limited to (i) acts of God; (ii) flood, fire, earthquake, epidemic/pandemic or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (iv) government order, law, or actions; (v) embargoes or blockades in effect on or after the date of this Agreement; and (v) strikes, labor stoppages or slowdowns, or other industrial disturbances.

VALIDITY. If any part of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected.

GOVERNING LAW. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby shall be instituted in the federal courts of the United States of America or the courts of the State of North Carolina, in each case located in Wake County, North Carolina, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such legal suit, action, or proceeding.

MODIFICATIONS. This Agreement may only be modified by a written document signed by the party or parties to be bound. Except as may be specified in such a signed written document, this is the entire agreement between you and Instantiations, and all other terms are rejected.

EXPORT RESTRICTIONS. The Software may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software available outside the US.

US GOVERNMENT RESTRICTED RIGHTS. Each of the Documentation and the Software is a "commercial product" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if the Software is being licensed hereunder to an agency of the US Government or any contractor therefor, such licensee only receives those rights with respect to the Software and Documentation as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.

NO AUDIT RIGHTS. You acknowledge and agree that this Agreement does not grant you or any third party the right to conduct any financial, security or other audits of Instantiations, the Software or the Support Services. You further acknowledge and agree that nothing in this Agreement creates any obligation for Instantiations to (a) complete any security and/or risk management questionnaires (or any similar documents), or (b) engage in any security and/or risk management processes or discussions regarding Instantiations, the Software or the Support Services.

ENTIRE AGREEMENT. You agree that this Agreement expresses the entire understanding between you and Instantiations, and supersedes all other licenses, communications, oral or written, relating to the Software, the Documentation and the Support Services. This Agreement is for the sole benefit of the parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

ASSIGNMENT. You shall not assign or otherwise transfer any of your rights, or delegate or otherwise transfer any of your obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without Instantiations’s prior written consent, which consent Instantiations may give or withhold in its sole discretion. No delegation or other transfer will relieve you of any of your obligations under this Agreement. Any purported assignment, delegation, or transfer in violation of this Section is void. Instantiations may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations, under this Agreement without your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and permitted assigns.

DATA PRIVACY. By entering into this Agreement, you acknowledge that Instantiations’s Privacy Policy (available at https://www.instantiations.com/privacy/) will govern any personal information that we collect from or about you. Instantiations encourages you to review the Privacy Policy in order to understand the types of personal information that Instantiations collects, the methods used to collect it, and the purposes for which it is used.

SPECIAL ENGAGEMENTS. This Agreement is the standard way in which we engage with the Software’s users. Special engagements (i.e., engagements whose terms and conditions will deviate from this standard Agreement), and other requests for terms and conditions that differ from those set forth in this Agreement, may necessitate legal review, in which case we reserve the right to require you to reimburse Instantiations for our legal expenses at our outside legal counsel’s then-standard hourly rates. Special engagements are subject to the written approval of Instantiations and the mutual execution of any associated agreements, addenda or other similar documents.

End-User License Agreement (EULA)

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