Dated: October, 2020

1. Acceptance of Terms:

Thank you for using WhiteSource, Ltd.’s (“WhiteSource” or “us” or “we”) products and services. These Terms of Service (the “Terms”) govern the use of the products and services which are made available to you via the Microsoft Visual Studio Marketplace Platform (the “Service”), the related technical documentation available at https://whitesource.atlassian.net/wiki/spaces/WD/pages/33751265/WhiteSource+Bolt (the “Documentation”), as well as all information data made available to you in connection with the Service (“Data,” together with the Service and Documentation, the “App”). By using or accessing any part of the App, you are agreeing to these Terms and all other applicable policies and notices, as made available to you from time to time. In addition, if you are entering into these Terms on behalf of a company or other legal entity, you hereby warrant that you have authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity.

If you don’t agree to these Terms or you do not have authority to enter into these Terms, you must not accept these Terms and may not use any part of the App. We may amend these Terms at any time by posting an amended version on the Service. You can determine when these Terms were last modified by checking the “Last updated” notice on the top of the Agreement. Your continued use of the Site or Services shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the App. These Terms may not be otherwise amended.

You may not access any part of our App if you are a direct competitor of ours, except with our prior written consent. In addition, you may not access any part of the App for purposes of (i) building a competitive product or service, (ii) copying any features, functions or graphics of, or data or information in, the App, and/or (iii) monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

2. Permission to Use the App:

You may use the App in accordance with these Terms, provided that:

• you are over 18 years old;
• you do not copy the App or any part of the App;
• you do not modify the App or any part thereof;
• and
• you follow all the rules and restrictions we’ve spelled out in these Terms and our Privacy Policy.

3. Accounts; Password; Security:

You may need to set up an account in order to use some of the features of the App (an “Account”). When you are setting up your Account, you must give us accurate and complete information. You may not use someone else’s account without permission. This means that you cannot set up an account using someone else’s name or contact information, or a phony name or phony contact information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. If you find out that someone is using your Account without your permission, you must let us know immediately. You may not transfer your Account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.

Through the App, we may obtain access to your name, e-mail address, company, and location. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

4. License to Use our Service:

We grant you a personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, revocable right to use the App solely for your internal business operations and in accordance with these Terms.

You agree not to, and shall not permit any third party to: (i) access any part of the App without our consent, (ii) modify, translate, reverse engineer, decompile, disassemble, create derivative works of or copy any part of the App or otherwise seek to obtain or use the source code or non-public APIs of any part of the App, except to the extent expressly permitted by applicable law (and then only upon advance written notice to WhiteSource), (iii) remove, alter or obscure any proprietary notices, labels or marks on any component or portion of the App, (iv) market, sell, resell, rent, distribute or lease any part of the App, (v) interfere with or disrupt the integrity or performance of any part of the App, (vi) use any part of the App for the benefit of any third party including use of the Service to operate as a service bureau, or hosting service, and/or (vii) attempt to gain unauthorized access to any part of the App, or their related systems or networks; (viii) breach any applicable local, national or international law, rule or regulation; or (ix) transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

This license shall remain in effect until and unless these Terms are terminated by you or us (see section 13 for information about termination).

5. Proprietary Rights to the App:

The App is licensed and not sold to you under these Terms and you acknowledge that  WhiteSource and its licensors retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the App anywhere in the world (even after installation onto a computer owned by you or integration into your system), and that you have no rights in or to any part of the App other than the right to use each of them in accordance with these Terms. If you give feedback, suggestions or any other information relating to your use of the App, for example recommendations for improvements or features (“Feedback”), that Feedback is solely owned by us and may become part of the App without any compensation to you. We reserve all rights in and to the App unless we expressly state otherwise. The App contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

In the event that you breach the terms of the license granted to you herein and such breach results in the creation of derivative works of any part of the App (“Derivative Works”), you hereby assign with full right and title guarantee all such Derivative Works to us. Such assignment does not preclude us from taking any legal or other action against you for contravention of these Terms, including for infringement of our intellectual property rights.

The content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.  If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.

All brand, product and service names used in the App which identify WhiteSource or our licensors and our or their proprietary products and services are the trademarks or service marks of WhiteSource or our licensors. Nothing in the App shall be deemed to confer on any person any license or right on the part of WhiteSource or such App with respect to any such image, logo or name. We reserve all rights not expressly granted herein to the App.

6. Project Data and Rights you give us:

We claim no intellectual property rights in and to your applications, project or any material you provide or otherwise transmit to us via the Service and you will be solely responsible for the accuracy, quality and legality of the information transmitted to us via the Service.

To enable your use of the App, we need to inspect portions of your project and send parts of it to our servers. This information includes, but is not limited to, information relating to the project (such as the project name and metadata), information on dependencies, how the dependencies are being used and how they are referenced by the project and WhiteSource-related files (“Project Information”). We may also collect Project Information for each of the project’s dependencies (“Dependency Information”). For these purposes, we require, and you hereby grant us, a worldwide, non-exclusive, royalty free license to store, use, reproduce, display and transmit the Project Information, the Dependency Information and any other materials transmitted via the Service to the extent necessary to enable your use of the App, including monitoring services. This license shall remain in effect until and unless these Terms of Service are terminated by you or us.

In addition to the rights granted to us above, we also require, and you hereby grant to us, a license to store, use, reproduce, display and transmit the Project Information, the Dependency Information and any other materials transmitted via the Service for analytical purposes and to improve our App. For the avoidance of doubt, this license will not end upon termination of these Terms of Service or where you delete the relevant project on the project page of the Microsoft Visual Studio Marketplace Platform.

7. Usage Data Analysis:

WhiteSource reserves the right to compile, maintain and use statistical, metric and performance information regarding your use of the App (the “Usage Information”), and you understand and acknowledge that the Service may contain a feature that sends Usage Information along with other technical information regarding the operation of the Service to WhiteSource. This information is used by us for analytical purposes and to improve our App. It allows us to better understand how the App is used and informs our product development decisions.

8. Warranty:

USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. WHITESOURCE AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

WHITESOURCE AND ITS AFFILIATES, LICENSORS AND PARTNERS MAKE NO WARRANTY THAT (I) THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE APP WILL MEET YOUR REQUIREMENTS; (II) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THAT THERE WILL BE NO ERRORS IN THE APP OR THAT WHITESOURCE WILL FIX ANY ERRORS; (IV) THE APP WILL BE ABLE TO FIND AND MONITOR ALL VULNERABILITIES IN ALL DEPENDENCIES (INCLUDING ALL OPEN SOURCE DEPENDENCIES) INCLUDED OR USED IN YOUR APPLICATION; OR (V) WE HAVE THE ABILITY TO FIX ALL VULNERABILITIES DISCOVERED USING THE APP.

ANY MATERIALS OBTAINED THROUGH USE OF THE APP ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND WHITESOURCE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE APP OR ANY CONTENT OBTAINED FROM THE APP.

YOU FURTHER ACKNOWLEDGE THAT OUR OPEN SOURCE VULNERABILITY DATABASE DOES NOT PROVIDE ANY LEGAL OR OTHER PROFESSIONAL ADVICE IN RELATION TO THE APP AND WE DO NO NOT GUARANTEE IT IS A COMPLETE SOURCE OF ALL VULNERABILITIES AND LICENSE ISSUES FOR ALL DEPENDENCIES OR THAT IT IS RELEVANT OR SUITED TO ALL THE DEPENDENCIES INCLUDED OR USED BY YOUR APPLICATION. YOU FURTHER ACKNOWLEDGE THAT THE SUGGESTIONS MADE BY US IN RELATION TO FIXES (WHETHER FOR UPDATES, PATCHES OR MONITORING SERVICES) ARE PROVIDED FOR GENERAL INFORMATION ONLY AND HAVE NOT BEEN MADE WITH YOUR PARTICULAR REQUIREMENTS IN MIND. IT IS THEREFORE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD SOLELY RELY. WE WILL NOT BE LIABLE TO YOU FOR OUR FAILURE TO FIND, FIX AND MONITOR DEPENDENCIES, OR FOR ANY DAMAGE OR LOSS SUFFERED AS A RESULT OF A FIX DEPLOYED.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

9. Sale of Products:

We currently offer our App for free, but we may add premium subscription plans to the App in the future. You are responsible for monitoring your use of the App in accordance with your subscription plan. Any premium subscription plan may be accompanied by additional licenses, terms of sale and warranty provisions. If any time you exceed the limit of your subscription plan, we reserve the right to charge you for the relevant fees owed as a result of your use outside the scope of your plan.

10. Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED UNDER LAW, WHITESOURCE AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE APP, DOCUMENTATION OR DATA, OR ANY CONTENT PROVIDED BY OR THROUGH THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (I) YOUR USE OR INABILITY TO USE OUR APP; (II) COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES PURCHASED THROUGH OR FROM OUR APP; (III) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE APP; OR (IV) ANY OTHER MATTER RELATING TO THE APP. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHITESOURCE’S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.

11. Indemnity:

You agree to indemnify and hold harmless WhiteSource and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from your use of the App, your connection to the App, your violation of these Terms or your violation of any rights of any third-party, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.  Your indemnification obligation will survive the termination of these Terms and your use of the App.

12. Termination and Suspension:

We may terminate or suspend the App or any part of the App, terminate or suspend or your use of the App, or block any IP address, for any reason, with or without cause without any liability to you.

Further, we may terminate or suspend your permission to use the App immediately and without notice upon any violation of these Terms, your failure to pay any fees (if applicable) when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities.

If we terminate your use of the App for any of these reasons or otherwise for cause, we will not refund any fees you may have paid for access to the App (if applicable).

Upon any termination we may delete your account and passwords and we may bar you from further use of the App. You agree that we will have no liability to you or any third party for termination of your account or access to the App.

You may terminate these Terms of Service with us at any time, for any reason, by either uninstalling the Service from your Microsoft account or by asking us to delete your account via email sent to [email protected] and, in either case, ceasing all use of the App.

Upon termination:

• all rights granted to you under these Terms, including the license in Section 4, shall terminate;
• you will immediately cease all activities authorized by these Terms of Service, including use of the App;
• all fees payable to us (if any) under these Terms shall immediately become due; and
• you must immediately uninstall, delete or remove from all computer equipment in your possession or control, and destroy or return to us all copies of, any of the documentation, data, and our software used in the provision of the Service.

13. Links to Other Sites:

Our App may contain links to other websites that we don’t own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.

14. Additional Terms:

Portions of the App may be accompanied by additional terms which apply to specific features or areas of the App. Those additional terms supplement these terms with respect to your use of those features or areas. From time to time, we may also introduce new services, features or functionality to the App. These Terms will apply to such new services, features or functionality, unless they come with separate or additional terms, in which case you will be required to agree to such separate or additional terms before being permitted to use the new services, features or functionality.

15. Updates and Upgrades:

We may from time to time provide updates or upgrades to the App (each a “Revision”), but are not under any obligation to do so.  Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you.  You consent to any such automatic updating or upgrading of the App.  All references herein to the App shall include Revisions.  These Terms shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.

16. Independent Contractors.

You and WhiteSource are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and WhiteSource.  You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of WhiteSoucre.

17. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by WhiteSource without restriction or notification to you. Any prohibited assignment shall be null and void.

18. Governing Law & Jurisdiction:

These Terms of Service shall be construed and governed in accordance with the laws of Israel (except for conflict of law provisions) and only the courts in Israel shall have jurisdiction in any conflict or dispute arising out of these Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

19. General

These Terms shall constitute the entire agreement between you and WhiteSource concerning the Site.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining 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 or provision under these Terms shall not constitute a waiver of such right or provision.

20. Contact:

If you have any questions about these Terms of Service, please contact [email protected]. If you need support for the Service or have questions about the documentation or data, please visit https://whitesource.atlassian.net/wiki/spaces/WD/pages/33751265/WhiteSource+Bolt or contact [email protected].

Dated: October, 2020

1. Acceptance of Terms

Thank you for using WhiteSource, Ltd.’s (“WhiteSource” or “us” or “we”) products and services. These Terms of Service (the “Terms”) govern the use of the products and services which are made available to you via GitHub’s Marketplace Platform (the “Service”), the related technical documentation available at https://whitesource.atlassian.net/wiki/spaces/WD/pages/556007950/Bolt+for+GitHub (the “Documentation”), as well as all information data made available to you in connection with the Service (“Data,” together with the Service and Documentation, the “App”). By using or accessing any part of the App, you are agreeing to these Terms and all other applicable policies and notices, as made available to you from time to time. In addition, if you are entering into these Terms on behalf of a company or other legal entity, you hereby warrant that you have authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity.

If you don’t agree to these Terms or you do not have authority to enter into these Terms, you must not accept these Terms and may not use any part of the App. We may amend these Terms at any time by posting an amended version on the Service. You can determine when these Terms were last modified by checking the “Last updated” notice on the top of the Agreement. Your continued use of the Site or Services shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the App. These Terms may not be otherwise amended.

You may not access any part of our App if you are a direct competitor of ours, except with our prior written consent. In addition, you may not access any part of the App for purposes of (i) building a competitive product or service, (ii) copying any features, functions or graphics of, or data or information in, the App, and/or (iii) monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

2. Permission to Use the Offering

You may use the App in accordance with these Terms, provided that:

• you are over 18 years old
• you do not copy the App or any part of the App
• you do not modify the App or any part thereof
• and you follow all the rules and restrictions we’ve spelled out in these Terms and our Privacy Policy

3. Accounts; Password; Security

You may need to set up an account in order to use some of the features of the App (an “Account”). When you are setting up your Account, you must give us accurate and complete information. You may not use someone else’s account without permission. This means that you cannot set up an account using someone else’s name or contact information, or a phony name or phony contact information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. If you find out that someone is using your Account without your permission, you must let us know immediately. You may not transfer your Account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.

Through the GitHub Marketplace Platform, we may obtain access to your name, e-mail address, company, and location. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

4. License to Use our Service

We grant you a personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, revocable right to use the App solely for your internal business operations and in accordance with these Terms.

You agree not to, and shall not permit any third party to: (i) access any part of the App without our consent, (ii) modify, translate, reverse engineer, decompile, disassemble, create derivative works of or copy any part of the App or otherwise seek to obtain or use the source code or non-public APIs of any part of the App, except to the extent expressly permitted by applicable law (and then only upon advance written notice to WhiteSource), (iii) remove, alter or obscure any proprietary notices, labels or marks on any component or portion of the App, (iv) market, sell, resell, rent, distribute or lease any part of the App, (v) interfere with or disrupt the integrity or performance of any part of the App, (vi) use any part of the App for the benefit of any third party including use of the Service to operate as a service bureau, or hosting service, and/or (vii) attempt to gain unauthorized access to any part of the App, or their related systems or networks; (viii) breach any applicable local, national or international law, rule or regulation; (ix) access or use the App in the following territories: North Korea, Crimea, Cuba, Sevastopol, Sudan, Iran, Syria, Lebanon, Iraq, Libya and the Palestinian Authority; or (x) transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
This license shall remain in effect until and unless these Terms are terminated by you or us (see section 13 for information about termination).

5. Proprietary Rights to the Offering

The App is licensed and not sold to you under these Terms and you acknowledge that  WhiteSource and its licensors retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the App anywhere in the world (even after installation onto a computer owned by you or integration into your system), and that you have no rights in or to any part of the App other than the right to use each of them in accordance with these Terms. If you give feedback, suggestions or any other information relating to your use of the App, for example recommendations for improvements or features (“Feedback”), that Feedback is solely owned by us and may become part of the App without any compensation to you. We reserve all rights in and to the App unless we expressly state otherwise. The App contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

In the event that you breach the terms of the license granted to you herein and such breach results in the creation of derivative works of any part of the App (“Derivative Works”), you hereby assign with full right and title guarantee all such Derivative Works to us. Such assignment does not preclude us from taking any legal or other action against you for contravention of these Terms, including for infringement of our intellectual property rights.

The content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.  If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.

All brand, product and service names used in the App which identify WhiteSource or our licensors and our or their proprietary products and services are the trademarks or service marks of WhiteSource or our licensors. Nothing in the App shall be deemed to confer on any person any license or right on the part of WhiteSource or such App with respect to any such image, logo or name. We reserve all rights not expressly granted herein to the App.

6. Project Data and Rights you give us

We claim no intellectual property rights in and to your applications, project or any material you provide or otherwise transmit to us via the Service and you will be solely responsible for the accuracy, quality and legality of the information transmitted to us via the Service.

To enable your use of the App, we need to inspect portions of your project and send parts of it to our servers. This information includes, but is not limited to, information relating to the project (such as the project name and metadata), information on dependencies, how the dependencies are being used and how they are referenced by the project and WhiteSource-related files (“Project Information”). We may also collect Project Information for each of the project’s dependencies (“Dependency Information”). For these purposes, we require, and you hereby grant us, a worldwide, non-exclusive, royalty free license to store, use, reproduce, display and transmit the Project Information, the Dependency Information and any other materials transmitted via the Service to the extent necessary to enable your use of the App, including monitoring services. This license shall remain in effect until and unless these Terms of Service are terminated by you or us.

In addition to the rights granted to us above, we also require, and you hereby grant to us, a license to store, use, reproduce, display and transmit the Project Information, the Dependency Information and any other materials transmitted via the Service for analytical purposes and to improve our App. For the avoidance of doubt, this license will not end upon termination of these Terms of Service or where you delete the relevant project on the project page of the GitHub Marketplace Platform.

7. Usage Data Analysis

WhiteSource reserves the right to compile, maintain and use statistical, metric and performance information regarding your use of the App (the “Usage Information”), and you understand and acknowledge that the Service may contain a feature that sends Usage Information along with other technical information regarding the operation of the Service to WhiteSource. This information is used by us for analytical purposes and to improve our App. It allows us to better understand how the App is used and informs our product development decisions.

8. Warranty

USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. WHITESOURCE AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

WHITESOURCE AND ITS AFFILIATES, LICENSORS AND PARTNERS MAKE NO WARRANTY THAT (I) THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE APP WILL MEET YOUR REQUIREMENTS; (II) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THAT THERE WILL BE NO ERRORS IN THE APP OR THAT WHITESOURCE WILL FIX ANY ERRORS; (IV) THE APP WILL BE ABLE TO FIND AND MONITOR ALL VULNERABILITIES IN ALL DEPENDENCIES (INCLUDING ALL OPEN SOURCE DEPENDENCIES) INCLUDED OR USED IN YOUR APPLICATION; OR (V) WE HAVE THE ABILITY TO FIX ALL VULNERABILITIES DISCOVERED USING THE APP.

ANY MATERIALS OBTAINED THROUGH USE OF THE APP ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND WHITESOURCE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE APP OR ANY CONTENT OBTAINED FROM THE APP.

YOU FURTHER ACKNOWLEDGE THAT OUR OPEN SOURCE VULNERABILITY DATABASE DOES NOT PROVIDE ANY LEGAL OR OTHER PROFESSIONAL ADVICE IN RELATION TO THE APP AND WE DO NO NOT GUARANTEE IT IS A COMPLETE SOURCE OF ALL VULNERABILITIES AND LICENSE ISSUES FOR ALL DEPENDENCIES OR THAT IT IS RELEVANT OR SUITED TO ALL THE DEPENDENCIES INCLUDED OR USED BY YOUR APPLICATION. YOU FURTHER ACKNOWLEDGE THAT THE SUGGESTIONS MADE BY US IN RELATION TO FIXES (WHETHER FOR UPDATES, PATCHES OR MONITORING SERVICES) ARE PROVIDED FOR GENERAL INFORMATION ONLY AND HAVE NOT BEEN MADE WITH YOUR PARTICULAR REQUIREMENTS IN MIND. IT IS THEREFORE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD SOLELY RELY. WE WILL NOT BE LIABLE TO YOU FOR OUR FAILURE TO FIND, FIX AND MONITOR DEPENDENCIES, OR FOR ANY DAMAGE OR LOSS SUFFERED AS A RESULT OF A FIX DEPLOYED.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

9. Sale of Products

We currently offer our App for free, but we may add premium subscription plans to the App in the future. You are responsible for monitoring your use of the App in accordance with your subscription plan. Any premium subscription plan may be accompanied by additional licenses, terms of sale and warranty provisions. If any time you exceed the limit of your subscription plan, we reserve the right to charge you for the relevant fees owed as a result of your use outside the scope of your plan.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, WHITESOURCE AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE APP, DOCUMENTATION OR DATA, OR ANY CONTENT PROVIDED BY OR THROUGH THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (I) YOUR USE OR INABILITY TO USE OUR APP; (II) COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES PURCHASED THROUGH OR FROM OUR APP; (III) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE APP; OR (IV) ANY OTHER MATTER RELATING TO THE APP. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHITESOURCE’S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.

11. Indemnity

You agree to indemnify and hold harmless WhiteSource and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from your use of the App, your connection to the App, your violation of these Terms or your violation of any rights of any third-party, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.  Your indemnification obligation will survive the termination of these Terms and your use of the App.

12. Termination and Suspension

We may terminate or suspend the App or any part of the App, terminate or suspend or your use of the App, or block any IP address, for any reason, with or without cause without any liability to you.

Further, we may terminate or suspend your permission to use the App immediately and without notice upon any violation of these Terms, your failure to pay any fees (if applicable) when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities.

If we terminate your use of the App for any of these reasons or otherwise for cause, we will not refund any fees you may have paid for access to the App (if applicable).

Upon any termination, we may delete your account and passwords and we may bar you from further use of the App. You agree that we will have no liability to you or any third party for termination of your account or access to the App.

You may terminate these Terms of Service with us at any time, for any reason, by either uninstalling the Service from your GitHub account at https://developer.github.com/apps/managing-github-apps/ or asking us to delete your account via email sent to [email protected] and, in either case, ceasing all use of the App.

Upon termination:

• all rights granted to you under these Terms, including the license in Section 4, shall terminate;
• you will immediately cease all activities authorized by these Terms of Service, including use of the App;
• all fees payable to us (if any) under these Terms shall immediately become due; and you must immediately uninstall, delete or remove from all computer equipment in your possession or control, and destroy or return to us all copies of, any of the documentation, data, and our software used in the provision of the Service.

13. Links to Other Sites

Our App may contain links to other websites that we don’t own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.

14. Additional Terms

Portions of the App may be accompanied by additional terms which apply to specific features or areas of the App. Those additional terms supplement these terms with respect to your use of those features or areas. From time to time, we may also introduce new services, features or functionality to the App. These Terms will apply to such new services, features or functionality, unless they come with separate or additional terms, in which case you will be required to agree to such separate or additional terms before being permitted to use the new services, features or functionality.

15. Updates and Upgrades

We may from time to time provide updates or upgrades to the App (each a “Revision”), but are not under any obligation to do so.  Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you.  You consent to any such automatic updating or upgrading of the App.  All references herein to the App shall include Revisions.  These Terms shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.

16. Independent Contractors 

You and WhiteSource are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and WhiteSource. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of WhiteSoucre.

17. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by WhiteSource without restriction or notification to you. Any prohibited assignment shall be null and void.

18. Governing Law & Jurisdiction

These Terms of Service shall be construed and governed in accordance with the laws of Israel (except for conflict of law provisions) and only the courts in Israel shall have jurisdiction in any conflict or dispute arising out of these Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

19. General

These Terms of Service shall be construed and governed in accordance with the laws of Israel (except for conflict of law provisions) and only the courts in Israel shall have jurisdiction in any conflict or dispute arising out of these Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

 20. Contact

If you have any questions about these Terms of Service, please contact [email protected] If you need support for the Service or have questions about the documentation or data, please visit https://whitesource.atlassian.net/wiki/spaces/WD/pages/556007950/Bolt+for+GitHub or contact [email protected]

Dated: October, 2020

This privacy policy (“Privacy Policy”) governs how we, White Source Ltd. (“WhiteSource” “we”, “our” or “us”) use, collect and store information pertaining to you (“User”, “you”) in the following use cases:

1. When you browse or visit of one of our following websites: https://app.whitesourcesoftware.com, https://app-eu.whitesourcesoftware.com, https://bolt.whitesourcesoftware.com, https://renovate.whitesourcesoftware.com, https://saas.whitesourcesoftware.com, https://vuln.whitesourcesoftware.com, https://www.whitesourcesoftware.com and any other sub-domain operated by us (“Website”);
2. When you create an account and/or log in to our Platform or use our Services (as these terms are defined in our Terms of Service, available at https://renovate.whitesourcesoftware.com/terms-of-service/);
3. When you request a free trial;
4. When you commence direct communications with us (for example through our help desk chat or Contact Us page on the Website);
5. When we use your log data;
6. When you submit your resume for one of the positions offered on our Website;
7. When we use the personal data of our service providers and our suppliers (e.g., contact details).
8. When we acquire your Personal Data from third-party sources (such as lead-generation companies).

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals.

Table of contents:

1. What Personal Data we Collect, Why we Collect it, and How it is Used
2. Period of Storage of Collected Information
3. How we Protect your Personal Data
4. How we share your Personal Data
5. Information About You that we Get from Third-Parties
6. Additional Information Regarding Transfers of Personal Data
7. Your Rights; How to Delete your Account;
8. Analytic Tools;
9. Links to and Interaction with Third Party Products;
10. Specific Provisions Applicable Under California Law;
11. Use by Children
12. Contact Us

This Privacy Policy may be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.

1. WHAT PERSONAL DATA WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

1. 2. PERIOD OF STORAGE OF COLLECTED INFORMATION

• Retention Personal Data. Your personal data (as described above) will be stored until we: (i) no longer need the information and proactively delete it or (ii) you send a valid deletion request. Please note that we will retain it for a longer or shorter period in accordance with data retention laws.

• Additional Information on Data Retention. Other circumstances in which we will retain your personal data for longer periods of time include: (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your personal data or dealings. We have an internal data retention policy to ensure that we do not retain your personal data perpetually. Regarding retention of cookies, you can read more in our cookie policy (available in the link provided above).

3. HOW WE PROTECT YOUR PERSONAL DATA

We have implemented appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed as a result of unauthorized penetration to our servers. Nevertheless, we make commercially reasonable efforts to make the collection and security of such information consistent with this Privacy Policy and all applicable laws and regulations. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

4. HOW WE SHARE YOUR PERSONAL DATA 

In addition to the recipients described in the table above, we may share your personal data as follows:

• To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
• If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third-party purchaser of our business or assets, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events.
• Where you have provided your consent to us sharing the Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).
• Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

For more information on the recipients of your personal data, please contact us at: [email protected]

5. INFORMATION ABOUT YOU THAT WE GET FROM THIRD-PARTIES 

• If you access our Services through connected third party applications (such as Google, GitHub, GitLab or Microsoft), we will receive certain information (including Personal Data, as described in Section 1) about you from the provider of such third party applications. The scope of information we receive depends on your third party application privacy settings.
• If you access our Services from a third-party application or connect our Services to a third-party application, you should also read that third-party application’s terms of service and privacy policy.
• If you are unclear about what information a third-party application is sharing with us, please go to the third-party application to find out more about their privacy practices.

6. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

• Internal transfers: We ensure transfers with the affiliated companies of WhiteSource will be covered by an agreement entered into by members of the WhiteSource group which contractually obliges each member to ensure that personal data receives an adequate and consistent level of protection wherever it is transferred to. 

• External transfers: Where we transfer your personal data outside of the EU/EEA, for example to third parties who help provide our products and services, we will obtain contractual commitments and or assurances from them to protect your Personal Data or rely on adequacy decisions issued by the European Commission. Some of these assurances are well recognized certification schemes, which you can read more about here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en; and

• Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any personal data is disclosed.

7. YOUR RIGHTS; HOW TO DELETE YOUR ACCOUNT  

• Rights. The following rights (which may be subject to certain exemptions or derogations), shall apply to individuals who are protected by the GDPR. Some of these rights may also apply under your applicable law:

• You have a right to access personal data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
• You have the right to request that we rectify any personal data we hold that is inaccurate or misleading;
• You have the right to request the erasure/deletion of your personal data (e.g., from our records). Please note that there may be circumstances in which we are required to retain your personal data, for example for the establishment, exercise or defense of legal claims;
• You have the right to object, to or to request restriction, of the processing;
• You have the right to data portability. This means that you may have the right to receive your personal data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
• You have the right to object to profiling;
• You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
• You also have a right to request certain details of the basis on which your personal data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
• You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.

You can exercise your rights by contacting us at [email protected]. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfill your request. When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

• Deleting your account. you ever decide to delete your Account, you may do so by emailing [email protected]. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, in certain portions of the Services, any public activity on your Account relating to such Services will remain stored on our servers (or on third party servers) prior to deletion and will remain accessible to the public.

8. ANALYTIC TOOLS

Google Analytics. The Website may use a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

9. LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS

The Website may enable you to interact with or contain links to your third party account and other third party websites, and services that are not owned or controlled by us (each, a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.

10. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA LAW
    • Access Requests. California Civil Code Section 1798.83 (and other, similar state statutes) permits our customers who are California residents (or residents of states with similar statutes) to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]. Please note that we are only required to respond to one request per customer each year.
    • Deletion Of Content From California Residents. If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Data you have publicly posted. If you wish to remove such content or Personal Data and you specify which content or Personal Data you wish to be removed, we will do so in accordance with applicable law.  Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Data you have posted and that there may be circumstances in which the law does not require us to enable removal of content.
    • Our California Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personal information, subject to applicable law, about an individual consumer’s online activities over time and across different web sites when a consumer uses the Services.

11. USE BY CHILDREN 

We do not offer our products or services for use by children. If you are under 18, you may not use the Website, or provide any information to the Website without the involvement of a parent or a guardian. We do not knowingly collect information from, and/or about children.

12. CONTACT US 

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at [email protected].