kopia lustrzana https://github.com/c9/core
240 wiersze
13 KiB
Plaintext
240 wiersze
13 KiB
Plaintext
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Cloud9 Software Development Kit Non-commercial License Agreement
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1. Introduction
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1.1 The Cloud9 Software Development Kit (referred to in this License Agreement
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as the "SDK" and specifically including the Cloud9 system files, the Cloud9
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computer software source code, Cloud9’s Ace editor plugin and Cloud9’s
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terminal plugin) is licensed to you subject to the terms of this Non-commercial
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License Agreement.
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1.2 Any software provided along with the SDK (such as some of the files in the
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node_modules directory) that is associated with a separate license agreement is
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licensed to you under the terms of that separate license agreement.
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This License Agreement forms a legally binding contract between you and Cloud9
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in relation to your use of the SDK.
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1.2 “Cloud9” refers to Cloud9 IDE, Inc, registered Delaware corporation with
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principal place of business 1663 McAllister Street #B, San Francisco, CA 94115,
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United States.
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2. Accepting this license agreement
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2.1 In order to use the SDK, you must first agree to this License Agreement. You
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may not use the SDK if you do not accept this License Agreement.
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2.2 You agree to be bound by the terms of this SDK License by installing,
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copying, downloading, accessing or otherwise using the SDK.
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2.3 You may not use the SDK and may not accept the License Agreement if you are
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a person barred from receiving the SDK under the laws of the United States or
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other countries including the country in which you are resident or from which
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you use the SDK.
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2.4 If you are agreeing to be bound by this License Agreement on behalf of your
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employer or other entity, you represent and warrant that you have full legal
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authority to bind your employer or such entity to this License Agreement. If you
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do not have the requisite authority, you may not accept the License Agreement or
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use the SDK on behalf of your employer or other entity.
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3. The Cloud9 SDK
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3.1 Cloud9 grants to you a non-exclusive, non-commercial, non-transferable,
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personal license to do the following, all subject to the terms of this license:
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Copy and modify any SDK source code, and include such copies and modifications
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in software that you create (“Derived Software”), and include SDK object
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code in Derived Software;
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Use SDK source code, SDK object code, and Derived Software for your own
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personal, noncommercial use;
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Distribute Derived Software and SDK documentation to others, provided that any
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distribution is for noncommercial purposes only, is without charge or fee or
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consideration of any kind, and that every recipient of the distribution agree to
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and is bound by the terms of this SDK License.
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3.2 You agree that Cloud9 or third parties own all legal right, title and
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interest in and to the SDK, including any Intellectual Property Rights that
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subsist in the SDK. "Intellectual Property Rights" means any and all rights
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under patent law, copyright law, trade secret law, trademark law, and any and
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all other proprietary rights. Cloud9 reserves all rights not expressly granted
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to you.
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3.3 You may not use the SDK for any purpose not expressly permitted by this
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License Agreement. You do not have the right to:
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Reverse engineer or in any other way attempt to reproduce the operation of the
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code in the SDK, or defeat or circumvent any security features of any code in
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the SDK;
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Use anything in the SDK or any Derived Software for any commercial purpose,
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including without limitation for provision of programming, hosting, or any other
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services for others;
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Distribute anything in the SDK or any Derived Software to any other party that
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is not bound by the terms of this SDK License;
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Make any copies of anything in the SDK without including all copyright, license,
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and other legal notices with the copy;
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Transfer the SDK, this SDK License, or any part thereof, to any other party. Any
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attempt at such a transfer is void.
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3.4 Use, reproduction and distribution of components of the SDK licensed under a
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separate license agreement are governed solely by the terms of that separate
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license agreement and not this License Agreement.
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3.5 You agree that the form and nature of the SDK that Cloud9 provides may
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change without prior notice to you and that future versions of the SDK may be
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incompatible with applications developed on previous versions of the SDK. You
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agree that Cloud9 may stop (permanently or temporarily) providing the SDK (or
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any features within the SDK) to you or to users generally at Cloud9's sole
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discretion, without prior notice to you.
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3.6 Nothing in this License Agreement gives you a right to use any of Cloud9's
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trade names, trademarks, service marks, logos, domain names, or other
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distinctive brand features.
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3.7 You agree that you will not remove, obscure, or alter any proprietary rights
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notices (including copyright and trademark notices) that may be affixed to or
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contained within the SDK.
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4. Privacy and Information
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4.1 In order to continually innovate and improve the SDK, Cloud9 may collect
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certain usage statistics from the software including but not limited to a unique
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identifier, associated IP address, version number of the software, and
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information on which tools and/or services in the SDK are being used and how
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they are being used. Before any of this information is collected, the SDK will
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notify you and seek your consent. If you withhold consent, the information will
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not be collected.
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4.2 The data collected is examined in the aggregate to improve the SDK and is
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maintained in accordance with Cloud9's Privacy Policy.
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5. Your developer credentials
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5.1 You agree that you are responsible for maintaining the confidentiality of
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any developer credentials that may be issued to you by Cloud9 or which you may
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choose yourself and that you will be solely responsible for all applications
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that are developed under your developer credentials.
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6. Third party applications
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6.1 If you use the SDK to run applications developed by a third party or that
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access data, content or resources provided by a third party, you agree that
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Cloud9 is not responsible for those applications, data, content, or resources.
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You understand that all data, content or resources which you may access through
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such third party applications are the sole responsibility of the person from
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which they originated and that Cloud9 is not liable for any loss or damage that
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you may experience as a result of the use or access of any of those third party
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applications, data, content, or resources.
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6.2 You should be aware the data, content, and resources presented to you
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through such a third party application may be protected by intellectual property
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rights which are owned by the providers (or by other persons or companies on
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their behalf). You may not modify, rent, lease, loan, sell, distribute or create
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derivative works based on these data, content, or resources (either in whole or
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in part) unless you have been specifically given permission to do so by the
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relevant owners.
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6.3 You acknowledge that your use of such third party applications, data,
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content, or resources may be subject to separate terms between you and the
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relevant third party. In that case, this License Agreement does not affect your
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legal relationship with these third parties.
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7. Termination of this license agreement
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7.1 This License Agreement will continue to apply until terminated by either you
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or Cloud9 as set out below.
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7.2 If you want to terminate this License Agreement, you may do so by ceasing
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your use of the SDK and any relevant developer credentials.
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7.3 Cloud9 may at any time, terminate this License Agreement with you if:
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a. you do not abide by the provisions of this License Agreement; or
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b. at any time upon 72 hours notice to you; or
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c. at any time upon post of a notice of termination to Cloud9’s website. In
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such event, you must destroy all copies of the SDK and any Derived Software.
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Termination of this SDK License shall terminate your rights and all obligations
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of Cloud9 under this SDK License, but the remaining provisions shall survive
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termination.
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8. DISCLAIMER OF WARRANTIES
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8.1 THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SDK AND ANY DERIVED
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SOFTWARE REMAINS WITH YOU, THE USER. CLOUD9 EXPRESSLY DISCLAIMS (I) ANY WARRANTY
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FOR THE SDK AND ANY DERIVED SOFTWARE, AND (II) ANY COMMON LAW DUTIES WITH REGARD
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TO SDK AND ANY DERIVED SOFTWARE, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK
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OF WORKMANLIKE EFFORT.
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8.2 THE SDK AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED
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ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY
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OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
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IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
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NON-INFRINGEMENT.
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8.3 ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3)
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OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS
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EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, INTERFERENCE WITH
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YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH THE SDK OR ANY DERIVED SOFTWARE
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OR INFORMATION AVAILABLE IN CONNECTION THEREWITH. THIS SECTION WILL APPLY TO THE
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MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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9. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
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9.1 NEITHER CLOUD9, ITS LICENSORS, NOR THEIR AFFILIATES SHALL BE LIABLE IN ANY
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WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE
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THE SDK OR ANY DERIVED SOFTWARE INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL,
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WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
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DAMAGES OR LOSSES.
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9.2 IN NO EVENT WILL CLOUD9 BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
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CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES
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ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SDK, ANY DERIVED SOFTWARE, ANY
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INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE
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THE SDK, ANY DERIVED SOFTWARE, OR ANY INFORMATION, EVEN IN THE EVENT OF FAULT,
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TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF
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ANY WARRANTY AND EVEN IF CLOUD9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES.
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THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY
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FAILS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
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DISPUTE WITH CLOUD9 WITH REGARD TO THE SDK IS TO DISCONTINUE USE OF THE SDK AND
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ANY DERIVED SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
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DAMAGES, IN SUCH STATES OR JURISDICTIONS, CLOUD9, ITS LICENSORS, AND THEIR
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AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
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10. Indemnification
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10.1 You agree to defend, indemnify and hold harmless Cloud9, its licensors and
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their affiliates from all liabilities, claims and expenses, including attorneys'
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fees, that arise from or in connection with breach of this Agreement, use of the
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SDK or any Derived Software, including, but not limited to, the creation,
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distribution, promotion and use of any Derived Software. Cloud9 reserves the
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right to assume the exclusive defense and control of any matter subject to
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indemnification by you.
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11. Changes to the license agreement
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11.1 Cloud9 may make changes to the License Agreement as it distributes new
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versions of the SDK. When these changes are made, Cloud9 will make a new version
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of the License Agreement available on the website where the SDK is made
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available.
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12. Applicable law, jurisdiction
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12.1 This License Agreement, and your relationship with Cloud9 under this
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License Agreement, shall be governed by the laws of the State of California
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without regard to its conflict of laws provisions. You and Cloud9 agree to
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submit to the exclusive jurisdiction of the courts located within the county of
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Santa Clara, California to resolve any legal matter arising from this License
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Agreement. Notwithstanding this, you agree that Cloud9 shall still be allowed to
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apply for injunctive remedies.
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13. General legal terms
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13.1 This SDK License sets forth all rights for the user of the SDK and is the
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entire agreement between the parties. This SDK License supersedes any other
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communications with respect to the SDK. You agree that this SDK License is not
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intended to confer and does not confer any rights or remedies upon any person
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other than the parties to this SDK License. No provision hereof shall be deemed
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waived unless such waiver shall be in writing and signed by Cloud9. If any
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provision of this SDK License is held invalid or unenforceable, the remainder of
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this SDK License shall continue in full force and effect, and such provision
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shall be reformed only to the extent necessary to make it valid and enforceable.
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The parties confirm that it is their wish that this Agreement has been written
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in the English language only (or an equivalent type of urgent legal relief) in
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any jurisdiction.
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13.2 EXPORT RESTRICTIONS. YOU ACKNOWLEDGE THAT THE SDK IS OF U.S. ORIGIN. YOU
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AGREE TO COMPLY WITH ALL APPLICABLE INTERNATIONAL AND NATIONAL LAWS THAT APPLY
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TO THESE PRODUCTS, INCLUDING THE U.S. EXPORT ADMINISTRATION REGULATIONS, AS WELL
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AS END-USER, END-USE AND DESTINATION RESTRICTIONS BY U.S. AND OTHER GOVERNMENTS.
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