Last revised March 01, 2020
- Background. The Site includes a social platform for developers to publish, download, upload, store, promote andshare various types of Go modules (archives of Go sources for a package and its metadata) and generates Go modulemetadata, if needed. Within the Site, which is an online cloud public repository, we provide you certain features andservices, such as, viewing, downloading, linking uploading, participating in discussions and otherwise accessing and/ormaking available for others various Go modules and libraries, which are licensed under open source license, includingany modifications, derivatives and/or contributions you may make to such third party software (“User Content”) aswell as contribute to JFrog open source code and feedback (“Contributions”). Please note that unless stated otherwisewith respect to a specific User Content, JFrog does not claim ownership on the source code or the IP of any such UserContent. It merely caches and serves the package to be consumed by users of the Site, in a repeatable and fast way.With respect to any Contribution you provide to JFrog, JFrog will assume ownership of the source code and the IPrelated thereto. The Site may also display metadata information with respect to each specific User Content orContribution, comprising of, among other things, statistical information (such as number of downloads of theapplicable Contributions) and various security related information such as vulnerabilities (collectively, “Metadata”).
- Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effectiveseven (7) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter meansthat you accept those changes.
- Ability to Accept Terms. The Site is available only to individuals who (a) are at least thirteen (13) years old; and (b)possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or havereceived the required consent from their legal guardian to enter into these Terms. If you are between the ages of 13 and18, you represent that your legal guardian has reviewed and agreed to these Terms.
- Site Access.For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site andthe Platform and to provide User Content and Contributions, provided,that you comply with these Terms andapplicable law.
- Restrictions.You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization;(ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise),reproduce, distribute, display or disclose Content (defined below), User Content or Contributions, except as expresslyauthorized herein; (iii) create a browser, frame, border environment or GUI around the Site; (iv) frame, scrape or mirrorany part of the Site (including without limitation the Content and User Content available therein); (v) create a databaseby systematically downloading and storing all or any of the Content or User Content from the Site; (vi) disrupt serversor networks connected to the Site; (vii) upload, link to the Site or otherwise distribute any malware, viruses, worms,defects, Trojan horses, or any other items of a destructive or deceptive nature; and/or (viii) circumvent, disable orotherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of anyContent, User Content or Contribution or that enforce limitations on usingof the Site.
- Intellectual Property Rights.
- Content and Marks. The (i) content on the Site, other than User Content (including without limitation, the text,documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactivefeatures, services and Contributions (collectively, the “Content”), and (ii) the trademarks, service marks andlogos contained therein (the “Marks”), are the property of JFrog and/or its licensors and may be protected byapplicable copyright or other intellectual property laws and treaties. “JFrog®”, “Artifactory®”, “Conan©“, “GoCenter” and the logos of JFrog, and other marks are Marks of JFrog or its affiliates. All other trademarks,service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.We reserve all rights not expressly granted in and to the Site and the Content.
- Use of Content. Content on the Site is provided to you for your information and personal use only and may notbe used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwiseexploited for any other purposes whatsoever without our prior written consent. If you download or print a copyof the Content you must retain all copyright and other proprietary notices contained therein
- Information Description.We attempt to be as accurate as possible. However, we cannot and do not warrant that theContent and User Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve theright to make changes in or to the Content and User Content, or any part thereof, in our sole judgment, without therequirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, UserContent,or any part thereof, is made solely at your own risk and responsibility.
- JFrogpermitsyou to link to the Siteprovided that: (i) you link to but do not replicate any page on this Site; (ii)the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresentyour relationship with JFrog or present any false information about JFrog and shall not imply in any way that weare endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not linkfrom a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third party Websitedoes not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes anyintellectual property, privacy rights, or other rights of any person or entity; and(vi) you, and your website,comply with these Terms and applicable law.
- Warranty Disclaimers.
- THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUTWARRANTIES OF ANY KIND. JFROG HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS ORIMPLIED,INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BYSTATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. JFROG DOES NOTGUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUSATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE,UPGRADING, OR OTHER REASONS. YOU AGREE THAT JFROG WILL NOT BE HELD RESPONSIBLEFOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROMTECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OROVERLOAD OF OUR OR OTHER SERVERS, NOR TO THE ANY UNAVAILABILITY OF THE SITE. WEDO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT ISFEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
- FOR THE REMOVAL OF ANY DOUBT, THE METADATA SHOULD NOT BE CONSISDERED TO BELEGAL ADVICE, AND ANY INFORMATION IN THEREIN IS PROVIDED FOR CONVENIENCEPURPOSES ONLY. JFROG DOES NOT GUARANTEE: (I) THAT THE METADATA IS INCLUSIVE OFALL INSTANCES, COMPONENTS, LIBRARIES AND DEPENDENCIES OF OPEN SOURCE OR THIRDPARTY SOFTWARE INCLUDED IN A GO MODULE, OR ALL LICENSES AND VULNERABILITIESTHEREUNDER; AND (II) THAT THE ANNOTATION OF SUCH METADATA, INCLUDING INSTANCES,COMPONENTS, LIBRARIES AND DEPENDENCIES, IS FULL AND ACCURATE
- Some jurisdictions may not allow the exclusion of certain warranties, so to that extent, certain exclusions set forthabove may not apply.
- Limitation of Liability.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, JFROG SHALL NOT BE LIABLE FOR ANYDIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OFANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDERTHESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF JFROG HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. JFROG WILL NOT BELIABLE FOR ANY DAMAGE OR LOSS INCURRED TO YOU, YOUR ORGANIZATION OR ANYTHIRD PARTY AS A RESULT OF OR IN CONNECTION WITH THE METADATA. Some jurisdictions donot allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitationsmay not apply to you
- IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JFROG FOR ANY DAMAGES ARISINGUNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED $100.
- Indemnity. You agree to defend, indemnify and hold harmless JFrog and our affiliates, and our respective officers,directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs andexpenses (including,but not limited to,attorney’s fees) arising from your use of, or inability to use, the Site or yourviolation of these Terms.
- Term and Termination. These Terms are effective until terminated by JFrog or you. JFrog, in its sole discretion,has the rightto terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time andwith or without cause(including, without any limitation, for a breach of these Terms). JFrog shall not be liable to youor any third party for removing the Site, or any part thereof. If you object to any term or condition of these Terms or toany subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is toimmediately discontinue use of the Site.Upon termination of these Terms, you shall cease all use of the Site.ThisSection 14and Sections 6(Intellectual Property Rights), 10(Warranty Disclaimers), 12(Limitation of Liability), 13(Indemnity), and 15(Independent Contractors) to 17(General) shall survive termination of these Terms.
- Independent Contractors. and JFrog are independent contractors. Nothing in these Terms creates a partnership,joint venture, agency, or employment relationship between you and JFrog.You must not under any circumstancesmake, or undertake, anywarranties, representations, commitments or obligations on behalf of JFrog.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by youbut may be assigned by JFrog without restriction or notification to you.
- General. JFrog reserves the right to discontinue or modify any aspect of the Site at any time.These Terms and therelationship between you and JFrog shall be governed by and construed in accordance with the laws of the State ofIsrael, without regard to its principles of conflict of laws.You agree to submit to the personal and exclusive jurisdictionof the courts located in Tel – Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to suchcourts, provided that JFrog may seek injunctive relief in any court of competent jurisdiction. These Terms shallconstitute the entire agreement between you and JFrog concerning the Site. If any provision of these Terms is deemedinvalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of theremaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right orprovision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANYCAUSE OF ACTIONTHAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUSTCOMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCHCAUSE OF ACTION ISPERMANENTLY BARRED.