Dated: June, 2020
Thank you for using ourproducts and services. These Terms of Service (the “Terms”) constitutes a binding agreement between you and WhiteSource Software, Inc. if you are an entity incorporated under the laws of the United States or Canada or White Source Ltd. in any other case (“WhiteSource” or “us” or “we”) and shall govern your use of the products and services made available to you on our websites, available at: https://saas.whitesourcesoftware.com, https://app.whitesourcesoftware.com, https://app-eu.whitesourcesoftware.com, https://bolt.whitesourcesoftware.com, https://renovate.whitesourcesoftware.com, https://vuln.whitesourcesoftware.com, and any other sub-domain operated by us (the “Service(s)”), as well as all information data made available to you in connection with the Services (“Data”, and together with the Services, the “Platform”).
We grant you a personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, revocable right to use the Platform solely for your internal business operations, education or non-profit activities and solely in accordance with these Terms.
You agree not to, and shall not permit any third party to: (i) access any part of the Platform without our consent, (ii) modify, translate, transfer (by sale, resale, license, sublicense, download or otherwise), reverse engineer, decompile, disassemble, create derivative works of or copy any part of the Platform or otherwise seek to obtain or use the source code or non-public APIs of any part of the Platform, 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 Platform, (iv) market, sell, resell, rent, reproduce, display, distribute or lease any part of the Platform, (v) interfere with or disrupt the integrity or performance of any part of the Platform, (vi) use any part of the Platform for the benefit of any third party including use of the Services to operate as a service bureau, or hosting service, and/or (vii) attempt to gain unauthorized access to any part of the Platform, or their related systems or networks; (viii) breach any applicable local, national or international law, rule or regulation; (ix) access or use the Platform 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.
In addition, you may not access any part of the Platform for purposes of (i) building a competitive product or service, (ii) copying any features, functions or graphics of, or data or information in, the Platform, and/or (iii) monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
This license shall remain in effect until and unless these Terms are terminated by you or us (see section 10 for information about termination).
The Platform 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 Platform 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 Platform 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 Platform, for example recommendations for improvements or features (“Feedback”), that Feedback is solely owned by us and may become part of the Platform without any compensation to you. We reserve all rights in and to the Platform unless we expressly state otherwise. The Platform 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 Platform (“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 Platform 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 Platform 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 Platform shall be deemed to confer on any person any license or right on the part of WhiteSource or such Platform with respect to any such image, logo or name. We reserve all rights not expressly granted herein to the Platform.
We claim no intellectual property rights in and to your applications, project or any material you provide or otherwise transmit to us via the Platform and you will be solely responsible for the accuracy, quality and legality of the information transmitted to us via the Platform.
To enable your use of certain portions of the Platform, 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, 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 Services to the extent necessary to enable your use of the Platform, including monitoring services. This license shall remain in effect until and unless these Terms 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 Services for analytical purposes and to improve our Platform.
WhiteSource reserves the right to compile, maintain and use statistical, metric and performance information regarding your use of the Platform (the “Usage Information“), and you understand and acknowledge that certain portions of the Platform may contain a feature that sends Usage Information along with other technical information regarding the operation of the Platform to WhiteSource. This information is used by us for analytical purposes and to improve our Platform, allowing us to better understand how the Platform is used and informs our product development decisions.
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM 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 SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS; (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THAT THERE WILL BE NO ERRORS IN THE PLATFORM OR THAT WHITESOURCE WILL FIX ANY ERRORS; (IV) THE PLATFORM 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 PLATFORM.
ANY MATERIALS OBTAINED THROUGH USE OF THE PLATFORM 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 PLATFORM OR ANY CONTENT OBTAINED FROM THE PLATFORM.
YOU FURTHER ACKNOWLEDGE THAT OUR OPEN SOURCE VULNERABILITY DATABASE DOES NOT PROVIDE ANY LEGAL OR OTHER PROFESSIONAL ADVICE IN RELATION TO THE PLATFORM 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.
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 PLATFORM, DOCUMENTATION OR DATA, OR ANY CONTENT PROVIDED BY OR THROUGH THE PLATFORM, 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 PLATFORM; (II) COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES PURCHASED THROUGH OR FROM OUR PLATFORM; (III) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE PLATFORM; OR (IV) ANY OTHER MATTER RELATING TO THE PLATFORM. 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.
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 Platform, your connection to the Platform, 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 Platform.
We may terminate or suspend the Platform or any part of the Platform, terminate or suspend your use of the Platform, 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 Platform 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 Platform for any of these reasons or otherwise for cause, we will not refund any fees you may have paid for access to the Platform (if applicable).
Upon any termination we may delete your account and passwords and we may bar you from further use of the Platform. You agree that we will have no liability to you or any third party for termination of your account or access to the Platform.
You may terminate these Terms with us at any time, for any reason, by asking us to delete your Account via email sent to [email protected] and, in either case, ceasing all use of the Platform.
Portions of the Platform may be accompanied by additional terms which apply to specific features or areas of the Platform, such as our End User License Agreement, available at: https://www.whitesourcesoftware.com/eclipse-terms-of-service/, https://www.whitesourcesoftware.com/intellij-idea-terms-of-service/. 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 Platform. 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.
Our Platform 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 must also read the terms and conditions and privacy policies of these other websites.
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.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be transferred or assigned by WhiteSource without restriction or notification to you. Any prohibited assignment shall be null and void.
These Terms shall be (i) construed and governed in accordance with the laws of the State of New York (except for conflict of law provisions) and competent courts of New York, New York, USA shall have jurisdiction in any conflict or dispute arising out of these Terms if you are an entity incorporated under the laws of the United States or Canada; or (ii) construed and governed in accordance with the laws of England and Wales (except for conflict of law provisions) and competent courts of London, United Kingdom shall have jurisdiction in any conflict or dispute arising out of these Terms if you are incorporated outside of the US and Canada; provided that WhiteSource may in any event seek injunctive relief in any court of competent jurisdiction. 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.
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. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions about these Terms, please contact [email protected]