Legal
The terms on which Mamluk LLC-FZ licenses Bahriya Tersane, including delivery, open-source software, the warranty, support levels and what happens when a licence ends. Effective 12 November 2026.
These terms are effective from 12 November 2026. They govern the licensing of Bahriya Tersane (“Tersane”) by Mamluk LLC-FZ, a free zone limited liability company incorporated in the Meydan Free Zone, Dubai, United Arab Emirates, with company registration number 2652439 and registered address at Meydan Grandstand, 6th Floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates (“Mamluk”), to the organisation named in the applicable Order (the “Customer”). They apply to every Tersane licence Mamluk issues, together with the Order under which it is purchased. If an Order conflicts with these terms, the Order prevails for that licence.
These terms do not govern any Convoy. Each Convoy is licensed under its own terms, which may require a Tersane licence as a condition.
1.1 In these terms:
2.1 Subject to payment of the applicable fees and to these terms, Mamluk grants the Customer a non-exclusive, non-transferable licence, without the right to sublicense, to obtain the Charts and Container Images through the Delivery Service, and to install, upgrade and operate them on Customer Infrastructure for the Customer’s internal business purposes during the licence term stated in the Order.
2.2 The licence is per organisation. It is not limited by the number of clusters, nodes, cores or installations, and covers production, test, development and disaster-recovery environments alike. The organisation is the legal entity named in the Order; its affiliates require their own licence unless the Order names them.
2.3 The licence covers use by the Customer’s own personnel and by contractors working on the Customer’s systems under obligations at least as protective as these terms. It covers the Customer’s own applications and services, including those the Customer operates for its own clients. It does not permit the Customer to offer the software the Charts install to third parties as a hosted or managed service, or to provide the Charts to a third party. Where a managed service provider operates Tersane for its clients, each client organisation requires its own licence, unless Mamluk agrees otherwise in a separate reseller agreement. An Order may be placed through a partner only with Mamluk’s prior written agreement.
2.4 The Customer may copy Charts and Container Images into its own repositories and registries, including registries in environments with no connection to the internet, solely for use under this licence. Such copies remain subject to these terms.
2.5 The Customer must keep its Credentials confidential and restrict access to them to the personnel, machines and systems that need them to obtain the Charts and Container Images.
2.6 Tersane is licensed with BKE or on its own. Where Tersane is used on a Kubernetes distribution other than BKE, the Customer supplies the components and settings the Documentation names as prerequisites, or changes the Charts’ values to use what its cluster provides.
2.7 Mamluk may offer trial licences for Tersane. A trial licence is valid for the period stated in the Mamluk Console or the Order when it is issued, and is provided free of charge. It is subject to these terms in full, save that clause 7 (warranty) does not apply and the trial is provided as is. Either party may end a trial at any time without notice or liability, and nothing obliges the Customer to purchase, or Mamluk to offer, a paid licence at its end.
3.1 The Charts, the Documentation, and the build definitions of Container Images that Mamluk builds are the intellectual property of Mamluk. They are licensed, not sold. Mamluk and its licensors retain all intellectual property rights in them, and no right in them passes to the Customer under these terms.
3.2 The Customer may set and change values, and may modify a Chart’s templates for its internal use. A modified Chart remains subject to these terms, and clause 7.4 applies to it.
3.3 Except as clause 2 permits, the Customer must not, and must not permit any third party to: (a) publish, distribute, disclose or otherwise make a Chart or any part of it available outside the Customer’s organisation, including in any public or third-party-accessible repository or registry; (b) sublicense, sell, rent, lease or lend a Chart, or provide it to any third party; (c) use the Charts, or anything derived from them, to develop or provide a catalogue of charts, a managed service or any other product or service for third parties that competes with Tersane; or (d) remove or alter proprietary notices.
3.4 Clauses 3.1 to 3.3 do not apply to the open-source software the Container Images contain, which is governed by clause 6. Where an open-source licence grants a right that clause 3.3 would otherwise restrict, that licence prevails for that software.
3.5 Nothing in this clause 3 excludes or restricts a right that applicable law confers on the Customer and does not permit to be excluded. Where a restriction is held unenforceable to any extent, it applies to the fullest extent the law allows and the remainder continues in force.
4.1 Fees are as stated in the Order. Mamluk issues invoices from its accounting system; each invoice is payable within 30 days of its date, without set-off or deduction.
4.2 All fees are stated exclusive of value added tax. Where VAT is chargeable under Federal Decree-Law No. 8 of 2017 (as amended) it is added at the prevailing rate and shown on the invoice.
4.3 A licence is activated, and a renewal takes effect, when Mamluk records the corresponding payment. If an invoice remains unpaid 14 days after Mamluk gives notice of non-payment, Mamluk may suspend the licence until payment is received.
5.1 Charts and Container Images are delivered through the Delivery Service. The Credentials are the credentials for that service. The Customer creates, resets and revokes them in the Mamluk Console, up to the number the Console shows.
5.2 The Delivery Service refuses a request where the Credentials are not valid, where the licence is not active, or where the request is for a repository the licence does not include. A change to the licence or to a Credential takes effect on the Delivery Service’s next check.
5.3 A published version of a Chart is not changed or withdrawn, so a release pinned to a version can always be installed again while the licence is active.
5.4 Licensing is enforced at delivery only. The Charts and Container Images contain no licence keys, no telemetry and no mechanism that connects to Mamluk. Nothing in Tersane disables, degrades, expires or interferes with software already installed on Customer Infrastructure, and no state of the licence, including suspension, revocation and expiry, has any effect on it. The effect of an inactive licence is confined to delivery under this clause 5 and support under clause 8.
5.5 Container Images are pulled by the Customer’s clusters at the time a workload starts. Where the Customer has not copied the Container Images under clause 2.4, a workload that starts after the licence has ended may fail to obtain its image. That is an effect on delivery, not on installed software, and the Documentation describes how to copy Container Images in advance.
6.1 The software that the Container Images contain, and the open-source projects the Charts install, are licensed to the Customer under their own licence terms, not under these terms. Nothing in these terms limits, conditions or adds to the rights those licences grant the Customer, and those rights survive the expiry or termination of a Tersane licence.
6.2 What Mamluk licenses under these terms is the catalogue: the Charts, their selection, configuration and defaults, the build and selection of the Container Images, and the delivery and support services around them. Mamluk copies upstream images unchanged except where the Documentation states that Mamluk builds an image, and does not modify upstream software except as the Documentation states.
7.1 Mamluk warrants to the Customer, for the duration of the licence term, that each Chart, at a published version, installed and configured as its Documentation describes on a Kubernetes version and with the prerequisites that Documentation names, performs materially as the Documentation describes, and that each upgrade between versions the Documentation names as supported performs as described.
7.2 The Customer’s sole and exclusive remedy for breach of clause 7.1 is that Mamluk will correct the non-conformity within a reasonable period, and, if it fails to do so, refund a pro-rata portion of the fees paid for the licence corresponding to the unexpired remainder of the then-current licence period, whereupon the licence ends.
7.3 Where Tersane is used on a Kubernetes distribution other than BKE, clause 7.1 applies only where the Customer has supplied the prerequisites the Documentation names for that case.
7.4 The warranty does not apply to a Chart while its templates are modified by the Customer (clause 3.2), or while it is configured otherwise than through the values its Documentation describes. Mamluk will not silently revert a change the Customer has made; updates are delivered as published versions, which the Customer applies itself.
7.5 The warranty does not extend to: (a) defects in open-source software as delivered by its upstream project, as distinct from its selection, configuration or packaging by Mamluk; (b) the content of the Customer’s own values, secrets and data; (c) the Customer’s infrastructure, Kubernetes distribution, storage, networks or DNS; (d) the loss of data, for which the Customer remains responsible through its own backups, including those the Charts help it configure; or (e) use of a Chart otherwise than as described in the Documentation.
7.6 Except as expressly stated in this clause 7, and to the fullest extent permitted by UAE law, all other warranties, conditions and representations, express or implied, are excluded.
8.1 Support is provided exclusively through support tickets raised in the Mamluk Console by organisations holding an active Tersane licence. Mamluk does not provide support by telephone, chat, email outside the Mamluk Console, or any other route.
8.2 Unless the Customer has purchased a support plan under an Order, support is provided at the baseline level. At the baseline level, Mamluk will respond to a ticket within three working days of receipt, irrespective of severity. A working day is a business day in the Emirate of Dubai, excluding public holidays observed in the United Arab Emirates.
8.3 Support covers the Charts on Customer Infrastructure, including managed Kubernetes services in the Customer’s own cloud accounts, on the conditions of clauses 2.6 and 7.3.
8.4 At the baseline level, corrections, security updates and other changes are delivered only through published versions of the Charts and Container Images. Mamluk determines the content and timing of each version; no patch, hotfix or workaround is provided outside them, and no commitment is made that a particular correction will be in a particular version.
8.5 Where the Customer purchases a support plan under an Order, support is provided on the response terms of the applicable support schedule, which apply in place of clauses 8.2 and 8.4 to the extent they provide otherwise.
9.1 Mamluk may suspend a licence for non-payment under clause 4.3, and may suspend or revoke a licence where the Customer is in material breach of these terms, including a breach of clause 3.3, and, where the breach is capable of remedy, has not remedied it within 30 days of notice. The effect of suspension and revocation is as stated in clause 5.4.
10.1 Each licence runs for the term stated in the Order and ends on expiry, revocation, or termination of these terms. Either party may terminate these terms by notice if the other commits a material breach and, where the breach is capable of remedy, fails to remedy it within thirty days of notice.
10.2 On expiry or termination, delivery and support cease on the end date, with no period of grace. Within 30 days of the end date, the Customer shall remove the Charts from its systems, together with any copies of Container Images held in its own registries, including copies made under clause 2.4. The Customer’s data remains the Customer’s throughout, and the Customer may use those 30 days to export it or to move it to other software. Clauses 3, 6.1, 7.6, 11, 12, 13, 15 and 16 survive.
10.3 If a licence is renewed within 30 days of its end date, the Customer’s existing Credentials work again. After 30 days, Mamluk deletes them, and new Credentials are issued on renewal.
11.1 Tersane runs on Customer Infrastructure, and no data of the Customer’s workloads is sent to Mamluk by the Charts or Container Images.
11.2 The Delivery Service keeps standard access logs of the requests it answers, recording the time and the address each request came from, the item requested, and the Credential used when the Customer signs in to the Delivery Service. Mamluk keeps these logs for 30 days, uses them to enforce the licence and to investigate faults and misuse, and then deletes them; copies held in Mamluk’s server backups expire within a further 7 days. Organisation and contact details given in the Mamluk Console or in an Order are processed by Mamluk for account administration, invoicing and support, in accordance with Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data.
12.1 Nothing in these terms excludes or limits any liability that cannot be excluded or limited under UAE law, including liability arising from fraud or wilful misconduct.
12.2 Subject to clause 12.1, neither party is liable to the other for loss of profits, loss of revenue, loss of business, or loss or corruption of data, nor for any indirect or consequential loss. The Customer is responsible for maintaining backups of its own data and systems.
12.3 Subject to clause 12.1, each party’s total aggregate liability arising out of or in connection with these terms in any twelve-month period is limited to the fees paid or payable by the Customer to Mamluk in the twelve months preceding the event giving rise to the claim.
13.1 Each party must keep confidential the non-public information of the other received in connection with these terms, use it only for the purposes of these terms, and disclose it only to those of its personnel and advisers who need it and are bound by equivalent obligations, or where disclosure is required by law or a competent authority.
14.1 Neither party is liable for failure or delay in performing its obligations, other than an obligation to pay, to the extent caused by circumstances beyond its reasonable control, provided it notifies the other party and resumes performance as soon as reasonably practicable.
15.1 These terms and the applicable Orders are the entire agreement between the parties concerning Tersane and supersede all prior discussions on the subject. Variations must be agreed in writing. Neither party may assign these terms without the other’s prior written consent, not to be unreasonably withheld. A failure to enforce a provision is not a waiver of it. If a provision is held invalid, the remainder continues in force. Notices must be given in writing to the addresses stated in the Order. These terms are executed in English; if a translation is produced, the English text prevails to the extent the applicable law permits.
16.1 These terms are governed by the federal laws of the United Arab Emirates as applied in the Emirate of Dubai. The parties agree, pursuant to Article 5(A)(2) of Dubai Law No. 12 of 2004 (as amended), that the Courts of the Dubai International Financial Centre have exclusive jurisdiction over any dispute arising out of or in connection with these terms, and each party waives any objection to that forum.
Questions about these terms may be sent to Mamluk directly.