The Posit End User License Agreement (EULA) is the contract that governs a customer’s use of Posit’s proprietary software, whether bought directly from Posit or through an authorized reseller. It incorporates all Order Forms, the Software License Descriptions and the documents linked in them, takes effect on the Subscription Start Date, and treats an executed Order Form as a binding noncancelable commitment to license the listed Software.[1] The Software License Descriptions (SLD) are the document that carries the licence metrics. The two read together.
Structure and precedence
The EULA says that, in a conflict, the EULA governs, except that the licence limitations and entitlements in an Order Form and the SLD supplement it and supersede conflicting terms for determining what the customer and its Users may do, and the Support Program supersedes conflicting terms about support.[1] The SLD may be updated, but for Software under a current Subscription Term, updates do not take effect until the term is renewed.[1] The same applies to the Posit Support Program.[1] Posit publishes earlier EULA versions, from 2018 to 2021, alongside the current page, and a previous version of the SLD, dated January 25, 2024.[1][2] A licence manager should therefore identify the version in force at the start of the Subscription Term, not only the current page. Catalog rules: Order Form and Software License Descriptions supersede conflicting terms on entitlements and Software License Descriptions updates take effect at renewal.
Licence grant and its limits
The licence is limited, worldwide, nonexclusive and royalty-free, without right of sublicense, for the Subscription Term, to install and use the Software and permit Users to use it for the customer’s own business purposes, subject to the Order Form and the SLD.[1] Three limits matter for inventory.
- Backup copies. A reasonable number may be kept for backup and archive but may not run in live production unless a High Availability Server or Execution Server subscription has been ordered.[1]
- Testing. Without a Staging Software subscription, copies may not be used to test environment changes or Customer Applications before deployment.[1] The SLD defines a Staging Server as a server used for that sole purpose.[2]
- Compliance certification. At Posit’s written request, no more than once every twelve months, the customer certifies that it and its Users comply with the EULA and Documentation.[1]
Catalog: Testing before deployment needs Staging Software and Posit may request an annual compliance certification.
Restrictions
The customer may not, and may not permit third parties to, among other things: modify, transfer, distribute, resell, rent or sublicense the Software; use it in a service bureau, application service provider or commercial time-share environment, or to provide services to third parties other than deploying its own Customer Applications; combine it with other software to create a new product or service; develop, resell or distribute any service or device incorporating it; use it other than on its own internal networks on devices it owns, leases or controls, including a third-party host; or circumvent the licence control mechanisms.[1] A Customer Application is a software application independently developed by the customer or its Users or deployed using the Software.[1] Customer Applications remain the customer’s property.[1] Catalog: No service bureau use or resale of the Software.
Metrics and licence types
The SLD defines these user and server concepts.
| Term | Definition |
|---|---|
| Server | A physical or virtual computer server[2] |
| Staging Server | A Server used solely for testing environment changes or Customer Applications before deployment[2] |
| Anonymous User | A User with no network or server credentials who does not login and authenticate[2] |
| Named User | A particular individual given credentials who must login and authenticate; excludes Anonymous Users[2] |
| Repository | A set of packages made available to a set of Users; one package type per repository[2] |
| License File | An electronic key that activates Software according to the licence type; for the customer’s own use; to be protected like a password[2] |
The EULA defines a User more generally as an individual authorized by the customer or its Affiliates, given access credentials, and bound by terms at least as protective as the EULA.[1] The licence types are Named User, Staging Server, High Availability Server, Disaster Recovery Software, Education and Subscription Licenses. A Subscription License is combined with the others and limits use to the Subscription Term in the Order Form, or twelve months from the Subscription Start Date if no term is stated.[2] A Disaster Recovery Software License covers recovery after a disaster only, not uninterrupted business continuity or active-active configurations, and an Education License covers use by a student or faculty or staff member for educational purposes only.[2] Catalog rows: Named User, Server activation, Repository, A fee is due for each separate Named User who logs in and Disaster Recovery licences are not for business continuity or active-active use.
Counting rules
A fee is due for each separate Named User, and the licence may be reassigned only when one Named User’s use is permanently ended and the licence assigned to a new Named User, for example after someone leaves.[2] Where people only view applications published with the Software, they are deemed Users but are restricted to viewing the directory of Customer Applications and using or viewing their output, and may not develop, publish or modify applications.[1] A License File may not be used on more Servers than purchased, and where the Software is deployed on several Servers the customer must not make it available to more Named Users than purchased.[2] Content-type definitions (Static, Rendered, Interactive, Server-Controlled, Network-Controlled and Public-Access Content) determine which viewers need a licence on Connect; they are covered in Posit Workbench, Connect and Package Manager licensing. Catalog rules: A Named User licence may be reassigned only after the first user permanently stops, Viewers of Customer Applications count as Users but may only view and A license file may not be used on more Servers or for more Named Users than purchased.
Virtualization, hosting and delivery
The Software may be installed in a virtual or emulated hardware system if the use meets the SLD and the virtual machines run on hardware the customer owns, leases or controls, including a third-party hosting provider such as Amazon Web Services. Virtualization may not be used to circumvent licensing terms, and the customer may sublicense a hosting provider to host the Software solely on its behalf, remaining liable for that provider’s breaches.[1] Delivery is electronic, deemed made on the Subscription Start Date, which is the date a license key to activate the Software is provided.[1] Software may send licence-related data to a licence server when activated, and an off-line activation mechanism avoids that transmission.[1] Catalog: Offline activation avoids sending licence data to Posit and Virtualization is allowed on hardware the customer controls but may not circumvent licence terms. Practical activation steps are in Posit license activation, keys and files.
Third-party components
The Software is intended for use with Open Source Languages such as R or Python, which the customer must license separately from their licensors; Posit takes no responsibility for them.[1] Components of the Software that are open source are governed solely by their own licences, whose notices Posit lists on a separate page covering Workbench, Connect, Package Manager, Positron, Chronicle and Shiny Server Pro.[1][4] Catalog: R and Python are licensed separately from Posit and Open source components inside Posit Software follow their own licences.
Fees, term and termination
Fees are payable within 45 days of a complete, accurate and undisputed invoice, in United States dollars, and are nonrefundable except as provided. If the customer’s procedures need a purchase order, it must issue it before the licence key is delivered.[1] The fees and the terms of the Agreement are Posit Confidential Information.[1] A Subscription Term extends by twelve months on each anniversary unless either party gives written notice at least 30 days before the term ends, but before the renewal term begins the customer must submit a purchase order or pay in full, and if it does not, the term ends immediately.[1] On termination the customer and Users stop using the Software and certify destruction or return within 30 days.[1] Catalog: Fees are due within 45 days of invoice and are non-refundable and Subscription Term defaults to 12 months and renews for 12 months unless 30 days notice is given.
Warranty, indemnity and liability
Posit warrants that the Software performs per its Documentation and that support is professionally delivered. Each party’s liability is capped at the amount paid for the Software that caused the damage in the preceding twelve months, with exclusions including breaches of confidentiality and of the licence grant, virtualization and restrictions clauses, and the customer must still pay for all authorized and unauthorized use.[1] Posit’s infringement indemnity excludes claims arising from Open Source Languages, from use outside the EULA, or from Customer Applications.[1] The EULA is governed by Massachusetts law, with exclusive jurisdiction in Massachusetts state or federal courts and a waiver of jury trial. Either party may assign the agreement to an Affiliate or a successor in a merger or sale of the relevant business.[1]
Support and related agreements
The Support Agreement gives paid subscribers Updates and support for each Software Edition (YYYY.MM) for 18 months, with the latest edition always supported, and up to two named technical support contacts.[3] The separate Posit Team Dedicated Service Offering terms state that the Software must be separately licensed under the EULA and SLD.[5] Catalog: Support covers each Software Edition for 18 months and two named contacts and The Dedicated Service Offering requires a separate software licence.
Out of scope
This article does not cover Posit Cloud, shinyapps.io, Connect Cloud or Posit AI, which have their own service terms and are not “Software” under the EULA, nor RStudio and Positron open-source licences. It does not cover privacy or security terms or any bespoke Order Form amendments.