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updated version of the sdk license

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Cloud9 Software Development Kit Non-commercial License Agreement
CLOUD9 SOFTWARE DEVELOPMENT KIT NON-COMMERCIAL LICENSE AGREEMENT
1. Introduction
1.1 The Cloud9 Software Development Kit (referred to in this License Agreement
as the "SDK" and specifically including the Cloud9 system files, the Cloud9
computer software source code, Cloud9’s Ace editor plugin and Cloud9’s
terminal plugin) is licensed to you subject to the terms of this Non-commercial
License Agreement.
BY CLICKING THE ACCEPT BUTTON OR DOWNLOADING THE SOFTWARE, YOU AGREE TO BE
BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
THE TERMS OF THIS AGREEMENT, YOU MUST CLICK THE BUTTON THAT INDICATES THAT YOU
DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND YOU MAY NOT DOWNLOAD, INSTALL, OR
USE THE SDK.
1.2 Any software provided along with the SDK (such as some of the files in the
node_modules directory) that is associated with a separate license agreement is
licensed to you under the terms of that separate license agreement.
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (“AGREEMENT”) FOR THE LICENSE OF
THE CLOUD9 SDK SOFTWARE YOU ARE ABOUT TO DOWNLOAD OR INSTALL (THE “SDK”).
“CLOUD9” MEANS CLOUD9 IDE, INC, REGISTERED DELAWARE CORPORATION WITH PRINCIPAL
PLACE OF BUSINESS 1663 MCALLISTER STREET #B, SAN FRANCISCO, CA 94115,
UNITED STATES. “YOU” MEANS THE INDIVIDUAL PERSON INSTALLING OR USING THE SDK
ON HIS OR HER OWN BEHALF; OR, IF THE SDK IS BEING DOWNLOADED OR INSTALLED ON
BEHALF OF AN ORGANIZATION, SUCH AS AN EMPLOYER, “YOU” MEANS THE ORGANIZATION
FOR WHICH THE SDK IS DOWNLOADED OR INSTALLED AND YOU REPRESENT THAT YOU HAVE
AUTHORIZED THE PERSON ACCEPTING THIS AGREEMENT TO DO SO ON YOUR BEHALF.
THE SDK IS PROTECTED BY COPYRIGHTS AND/OR PATENTS IN THE UNITED STATES AND
OTHER COUNTRIES. IF YOU DOWNLOAD OR USE THE SDK IN WAYS NOT PERMITTED BY THIS
AGREEMENT, YOU WILL NOT ONLY BE IN BREACH OF THIS AGREEMENT, YOU WILL ALSO BE
INFRINGING CLOUD9’S PATENTS AND COPYRIGHTS.
This License Agreement forms a legally binding contract between you and Cloud9
in relation to your use of the SDK.
1. The Cloud9 SDK
1.1 Subject to the terms and conditions of this Agreement, Cloud9 grants to you
a non-exclusive, non-sublicensable, non-transferable, personal license to:
1.2 “Cloud9” refers to Cloud9 IDE, Inc, registered Delaware corporation with
principal place of business 1663 McAllister Street #B, San Francisco, CA 94115,
United States.
* Download the SDK and make a reasonable number of copies on the devices you
own or control as necessary to exercise the rights granted below;
2. Accepting this license agreement
2.1 In order to use the SDK, you must first agree to this License Agreement. You
may not use the SDK if you do not accept this License Agreement.
* Internally use, perform, display, reproduce, modify and create derivative
works of the SDK for the sole purpose of developing and testing a software
plug-in (“Derived Software”) that may be integrated with Cloud9’s proprietary
software in accordance with the Documentation (as defined below);
2.2 You agree to be bound by the terms of this SDK License by installing,
copying, downloading, accessing or otherwise using the SDK.
* Internally use SDK (in both source code and object code form), and Derived
Software for your own personal, noncommercial use; and
2.3 You may not use the SDK and may not accept the License Agreement if you are
a person barred from receiving the SDK under the laws of the United States or
other countries including the country in which you are resident or from which
you use the SDK.
* Download and internally use a copy of any documentation related to the SDK
that Cloud9 may provide to you as part of the SDK download, through the Cloud9
website or otherwise (“Documentation”) in order to exercise the rights in this
Section 1, on the condition that you use the Documentation solely as allowed
under this Agreement and that you refrain from disclosing the Documentation to
any third party, except as permitted herein.
2.4 If you are agreeing to be bound by this License Agreement on behalf of your
employer or other entity, you represent and warrant that you have full legal
authority to bind your employer or such entity to this License Agreement. If you
do not have the requisite authority, you may not accept the License Agreement or
use the SDK on behalf of your employer or other entity.
1.2 You may distribute the Derived Software and Documentation to third parties,
provided that you may only distribute the Derived Software and Documentation
for non-commercial purposes and may not charge a fee or consideration of any
kind in connection with such distribution, and you must license such Derived
Software and Documentation under the terms no less restrictive than those
contained herein. You will immediately notify Cloud9 if you become aware of
any material breach of such terms relating to the Derived Software or
Documentation.
3. The Cloud9 SDK
3.1 Cloud9 grants to you a non-exclusive, non-commercial, non-transferable,
personal license to do the following, all subject to the terms of this license:
1.3 The SDK and Documentation, and all worldwide intellectual property rights
therein, are the exclusive property of Cloud9 and its licensors. All rights in
and to the SDK and Documentation not expressly granted to you in this Agreement
are reserved by Cloud9 and its licensors. Without limiting the foregoing,
nothing in this Agreement gives you a right to use any of Cloud9's trade names,
trademarks, service marks, logos, domain names, or other distinctive brand
features.
Copy and modify any SDK source code, and include such copies and modifications
in software that you create (“Derived Software”), and include SDK object
code in Derived Software;
1.4 You may not use the SDK for any purpose not expressly permitted by this
License Agreement. You may not:
Use SDK source code, SDK object code, and Derived Software for your own
personal, noncommercial use;
* Except as expressly set forth herein, modify, create derivative works of,
reverse engineer, decompile, disassemble, or otherwise attempt to derive the
source code of the SDK, or defeat, bypass, or circumvent any security features
of any code in the SDK, or authorize any third party to do any of the foregoing,
except to the extent allowed under applicable law;
Distribute Derived Software and SDK documentation to others, provided that any
distribution is for noncommercial purposes only, is without charge or fee or
consideration of any kind, and that every recipient of the distribution agree to
and is bound by the terms of this SDK License.
* License, sell, rent, lease, transfer, distribute, display, host, outsource,
disclose or otherwise commercially exploit or make the SDK available to any
third party, except as expressly permitted herein;
3.2 You agree that Cloud9 or third parties own all legal right, title and
interest in and to the SDK, including any Intellectual Property Rights that
subsist in the SDK. "Intellectual Property Rights" means any and all rights
under patent law, copyright law, trade secret law, trademark law, and any and
all other proprietary rights. Cloud9 reserves all rights not expressly granted
to you.
* Access the SDK in order to build a similar or competitive product or service
to Cloud9’s proprietary software;
3.3 You may not use the SDK for any purpose not expressly permitted by this
License Agreement. You do not have the right to:
* Remove, alter, or obscure in any way any proprietary rights notices
(including copyright notices) of Cloud9 or its licensors including or within
copies of the SDK or Documentation;
Reverse engineer or in any other way attempt to reproduce the operation of the
code in the SDK, or defeat or circumvent any security features of any code in
the SDK;
Use anything in the SDK or any Derived Software for any commercial purpose,
including without limitation for provision of programming, hosting, or any other
services for others;
Distribute anything in the SDK or any Derived Software to any other party that
is not bound by the terms of this SDK License;
Make any copies of anything in the SDK without including all copyright, license,
and other legal notices with the copy;
Transfer the SDK, this SDK License, or any part thereof, to any other party. Any
attempt at such a transfer is void.
* Make more copies of the SDK or Documentation than are reasonably necessary
for your authorized use of the SDK and Documentation; or
3.4 Use, reproduction and distribution of components of the SDK licensed under a
separate license agreement are governed solely by the terms of that separate
license agreement and not this License Agreement.
* Use the SDK to create any products designed to interface or operate with
non-Cloud9 products or sources or for any purpose other than to develop Derived
Software for use with Cloud9’s proprietary software.
3.5 You agree that the form and nature of the SDK that Cloud9 provides may
change without prior notice to you and that future versions of the SDK may be
incompatible with applications developed on previous versions of the SDK. You
agree that Cloud9 may stop (permanently or temporarily) providing the SDK (or
any features within the SDK) to you or to users generally at Cloud9's sole
discretion, without prior notice to you.
1.5 Certain items of independent, third-party code may be included in the SDK
that are subject to the GNU General Public License (“GPL”) or other open source
licenses (“Open Source Software”). Such Open Source Software is licensed under
the terms of the license that accompanies such Open Source Software. Nothing
in this Agreement limits your rights under, or grants you rights that supersede,
the terms and conditions of any applicable end user license for such Open
Source Software.
3.6 Nothing in this License Agreement gives you a right to use any of Cloud9's
trade names, trademarks, service marks, logos, domain names, or other
distinctive brand features.
1.6 You acknowledge and agree that you have no rights to any upgrades,
modifications, enhancements or revisions that Cloud9 may make to the SDK.
Cloud9 has no obligation to provide support or engineering assistance of any
sort, unless otherwise agreed in writing by Cloud9. You agree that the form and
nature of the SDK that Cloud9 provides may change without prior notice to you
and that future versions of the SDK may be incompatible with applications
developed on previous versions of the SDK. You agree that Cloud9 may stop
(permanently or temporarily) providing the SDK (or any features within the SDK)
to you or to users generally at Cloud9's sole discretion, without prior notice
to you.
3.7 You agree that you will not remove, obscure, or alter any proprietary rights
notices (including copyright and trademark notices) that may be affixed to or
contained within the SDK.
1.7 Each of the components that constitute the SDK and its related documentation
is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting
of “commercial computer software” and “commercial computer software
documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S.
Government end users acquire the SDK and any Documentation with only those
rights set forth in this Agreement.
4. Privacy and Information
4.1 In order to continually innovate and improve the SDK, Cloud9 may collect
certain usage statistics from the software including but not limited to a unique
identifier, associated IP address, version number of the software, and
information on which tools and/or services in the SDK are being used and how
they are being used. Before any of this information is collected, the SDK will
notify you and seek your consent. If you withhold consent, the information will
not be collected.
2. Privacy and Information
In order to continually innovate and improve the SDK, Cloud9 may collect certain
usage statistics related to your use of the SDK and Cloud9 proprietary software,
including but not limited to a unique identifier, associated IP address, version
number of the software, and information on which tools and/or services in the
SDK are being used and how they are being used (“Usage Data”). You hereby
expressly consent to Cloud9’s collection and processing of your Usage Data
(which may be collected by Cloud9 or its suppliers) according to Cloud9's
Privacy Policy available at: [INSERT URL]; provided, that Cloud9 may only use
and disclose Usage Data on an aggregated anonymized basis.
4.2 The data collected is examined in the aggregate to improve the SDK and is
maintained in accordance with Cloud9's Privacy Policy.
3. Your developer credentials
You agree that you are responsible for maintaining the confidentiality of any
developer credentials that may be issued to you by Cloud9 or which you may
choose yourself and that you will be solely responsible for all applications
that are developed under your developer credentials. You agree to immediately
notify Cloud9 of any unauthorized use or suspected unauthorized use of your
credentials. Cloud9 will not be liable for any loss or damage arising from your
failure to comply with the above requirements.
5. Your developer credentials
5.1 You agree that you are responsible for maintaining the confidentiality of
any developer credentials that may be issued to you by Cloud9 or which you may
choose yourself and that you will be solely responsible for all applications
that are developed under your developer credentials.
4. Termination of this license agreement
This Agreement will commence when you download or install the SDK and shall
continue until this Agreement terminates. You may terminate this Agreement at
any time by ceasing your use of the SDK and any relevant developer credentials.
Additionally, Cloud9 may at any time, terminate this Agreement: (a) immediately
if you breach any provision of this Agreement; (b) at any time upon 72 hours
notice to you; or
6. Third party applications
6.1 If you use the SDK to run applications developed by a third party or that
access data, content or resources provided by a third party, you agree that
Cloud9 is not responsible for those applications, data, content, or resources.
You understand that all data, content or resources which you may access through
such third party applications are the sole responsibility of the person from
which they originated and that Cloud9 is not liable for any loss or damage that
you may experience as a result of the use or access of any of those third party
applications, data, content, or resources.
(c) at any time upon post of a notice of termination to Cloud9’s website. Upon
termination of this Agreement, you must immediately cease use of the SDK,
Derived Software and the Documentation and destroy all copies of same.
The provisions of Sections 1.3, 1.5, 1.7, 2, and 4 – 10 will survive any
termination of this Agreement.
6.2 You should be aware the data, content, and resources presented to you
through such a third party application may be protected by intellectual property
rights which are owned by the providers (or by other persons or companies on
their behalf). You may not modify, rent, lease, loan, sell, distribute or create
derivative works based on these data, content, or resources (either in whole or
in part) unless you have been specifically given permission to do so by the
relevant owners.
5. DISCLAIMER OF WARRANTIES
THE SDK AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (I)
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
OR NON-INFRINGEMENT; (II) THE SDK BEING FREE OF BUGS OR ERRORS; (III) USE OF
THE SDK IN NUCLEAR POWER PLANTS, AIRCRAFT NAVIGATION OR COMMUNICATIONS, AIR
TRAFFIC CONTROL, WEAPONS SYSTEMS, OR OTHER HIGH RISK ACTIVITIES. SOME STATES
AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANT LASTS,
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6.3 You acknowledge that your use of such third party applications, data,
content, or resources may be subject to separate terms between you and the
relevant third party. In that case, this License Agreement does not affect your
legal relationship with these third parties.
7. Termination of this license agreement
7.1 This License Agreement will continue to apply until terminated by either you
or Cloud9 as set out below.
6. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
IN NO EVENT WILL CLOUD9 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE SDK, ANY DERIVED SOFTWARE, ANY INFORMATION AVAILABLE
IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE SDK, ANY DERIVED
SOFTWARE, OR ANY INFORMATION, EVEN IN THE EVENT OF FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT,
OR BREACH OF ANY WARRANTY AND EVEN IF CLOUD9 HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND
EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CLOUD9 WITH REGARD TO THE SDK IS TO
DISCONTINUE USE OF THE SDK AND ANY DERIVED SOFTWARE. YOU HEREBY WAIVE ANY AND
ALL CLAIMS AGAINST CLOUD9 AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND
LICENSORS ARISING OUT OF THE SDK. BECAUSE SOME STATES DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF
THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY
REASON, THEN CLOUD9’S TOTAL, CUMULATIVE LIABILITY ARISING FROM OR RELATING TO
THE SOFTWARE, UNDER ANY AND ALL THEORIES OF LIABILITY AND CAUSES OF ACTION WILL
BE LIMITED TO DIRECT DAMAGES UP TO AN AGGREGATE OF FIFTY U.S. DOLLARS.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE
BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SDK WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF
LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN
IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
7.2 If you want to terminate this License Agreement, you may do so by ceasing
your use of the SDK and any relevant developer credentials.
7. Indemnification
You agree to defend, indemnify and hold harmless Cloud9, its licensors and each
of their affiliates from all liabilities, suits, actions, damages, losses,
claims and expenses, including attorneys' fees, that arise from or in connection
with your breach of this Agreement, or use of the SDK or any Derived Software,
including, but not limited to, the creation, distribution, promotion and use of
any Derived Software. Cloud9 reserves the right to assume the exclusive defense
and control of any matter subject to indemnification by you.
7.3 Cloud9 may at any time, terminate this License Agreement with you if:
a. you do not abide by the provisions of this License Agreement; or
b. at any time upon 72 hours notice to you; or
c. at any time upon post of a notice of termination to Cloud9’s website. In
such event, you must destroy all copies of the SDK and any Derived Software.
Termination of this SDK License shall terminate your rights and all obligations
of Cloud9 under this SDK License, but the remaining provisions shall survive
termination.
8. Modifications
Cloud9 reserves the right, at any time, to modify, suspend, or discontinue the
SDK, or prevent the Derived Software from linking into Cloud9’s proprietary
software, or change access requirements, with or without notice. Cloud9 may
remove the Derived Software from Cloud9 proprietary software in its sole
discretion. You agree that Cloud9 will not be liable to you or to any third
party for any modification, suspension, or discontinuance of the SDK. Cloud9
reserves the right to change the terms and conditions of this Agreement or its
policies relating to the SDK at any time, and such changes will be effective
thirty (30) days after notice to you. Your continued use of the SDK after any
such changes take effect shall constitute your consent to such changes. You are
responsible for providing Cloud9 with your most current e-mail address. In the
event that the last e-mail address provided by you is not valid, Cloud9’s
dispatch of an e-mail containing such notice will nonetheless constitute
effective notice of the changes described in the notice.
8. DISCLAIMER OF WARRANTIES
8.1 THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SDK AND ANY DERIVED
SOFTWARE REMAINS WITH YOU, THE USER. CLOUD9 EXPRESSLY DISCLAIMS (I) ANY WARRANTY
FOR THE SDK AND ANY DERIVED SOFTWARE, AND (II) ANY COMMON LAW DUTIES WITH REGARD
TO SDK AND ANY DERIVED SOFTWARE, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK
OF WORKMANLIKE EFFORT.
9. Applicable law, jurisdiction
This Agreement, and your relationship with Cloud9 under this Agreement, shall
be governed by the laws of the State of California without regard to its
conflict of laws provisions. You and Cloud9 hereby submit to the exclusive
jurisdiction of the courts located within the county of Santa Clara, California
to resolve any legal matter arising from this Agreement. Notwithstanding the
foregoing, this Section shall not prevent Cloud9 from seeking injunctive or
equitable relief in any court of competent jurisdiction. The U.N. Convention
on Contracts for the International Sale of Goods will not apply to this
Agreement.
8.2 THE SDK AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
10. General legal terms
10.1 This SDK License sets forth all rights for the user of the SDK and
Documentation and is the entire agreement between the parties. This SDK License
supersedes any other communications with respect to the SDK. You agree that this
SDK License is not intended to confer and does not confer any rights or remedies
upon any person other than the parties to this SDK License. No provision hereof
shall be deemed waived unless such waiver shall be in writing and signed by
Cloud9. If any provision of this SDK License is held invalid or unenforceable,
the remainder of this SDK License shall continue in full force and effect, and
such provision shall be reformed only to the extent necessary to make it valid
and enforceable. The parties confirm that it is their wish that this Agreement
has been written in the English language only (or an equivalent type of urgent
legal relief) in any jurisdiction. Your rights under this Agreement are
nonexclusive and personal and cannot be assigned, sublicensed or transferred
in any other manner to anyone else, and any attempted assignment, sublicense,
or transfer will be null and void.
8.3 ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3)
OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS
EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, INTERFERENCE WITH
YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH THE SDK OR ANY DERIVED SOFTWARE
OR INFORMATION AVAILABLE IN CONNECTION THEREWITH. THIS SECTION WILL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
9.1 NEITHER CLOUD9, ITS LICENSORS, NOR THEIR AFFILIATES SHALL BE LIABLE IN ANY
WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE
THE SDK OR ANY DERIVED SOFTWARE INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES.
9.2 IN NO EVENT WILL CLOUD9 BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SDK, ANY DERIVED SOFTWARE, ANY
INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE
THE SDK, ANY DERIVED SOFTWARE, OR ANY INFORMATION, EVEN IN THE EVENT OF FAULT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF
ANY WARRANTY AND EVEN IF CLOUD9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY
FAILS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
DISPUTE WITH CLOUD9 WITH REGARD TO THE SDK IS TO DISCONTINUE USE OF THE SDK AND
ANY DERIVED SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, CLOUD9, ITS LICENSORS, AND THEIR
AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
10. Indemnification
10.1 You agree to defend, indemnify and hold harmless Cloud9, its licensors and
their affiliates from all liabilities, claims and expenses, including attorneys'
fees, that arise from or in connection with breach of this Agreement, use of the
SDK or any Derived Software, including, but not limited to, the creation,
distribution, promotion and use of any Derived Software. Cloud9 reserves the
right to assume the exclusive defense and control of any matter subject to
indemnification by you.
11. Changes to the license agreement
11.1 Cloud9 may make changes to the License Agreement as it distributes new
versions of the SDK. When these changes are made, Cloud9 will make a new version
of the License Agreement available on the website where the SDK is made
available.
12. Applicable law, jurisdiction
12.1 This License Agreement, and your relationship with Cloud9 under this
License Agreement, shall be governed by the laws of the State of California
without regard to its conflict of laws provisions. You and Cloud9 agree to
submit to the exclusive jurisdiction of the courts located within the county of
Santa Clara, California to resolve any legal matter arising from this License
Agreement. Notwithstanding this, you agree that Cloud9 shall still be allowed to
apply for injunctive remedies.
13. General legal terms
13.1 This SDK License sets forth all rights for the user of the SDK and is the
entire agreement between the parties. This SDK License supersedes any other
communications with respect to the SDK. You agree that this SDK License is not
intended to confer and does not confer any rights or remedies upon any person
other than the parties to this SDK License. No provision hereof shall be deemed
waived unless such waiver shall be in writing and signed by Cloud9. If any
provision of this SDK License is held invalid or unenforceable, the remainder of
this SDK License shall continue in full force and effect, and such provision
shall be reformed only to the extent necessary to make it valid and enforceable.
The parties confirm that it is their wish that this Agreement has been written
in the English language only (or an equivalent type of urgent legal relief) in
any jurisdiction.
13.2 EXPORT RESTRICTIONS. YOU ACKNOWLEDGE THAT THE SDK IS OF U.S. ORIGIN. YOU
AGREE TO COMPLY WITH ALL APPLICABLE INTERNATIONAL AND NATIONAL LAWS THAT APPLY
10.2 EXPORT RESTRICTIONS. YOU ACKNOWLEDGE THAT THE SDK IS OF U.S. ORIGIN. YOU
AGREE TO COMPLY WITH ALL APPLICABLE INTERNATIONAL AND NATIONAL LAWS THAT APPLY
TO THESE PRODUCTS, INCLUDING THE U.S. EXPORT ADMINISTRATION REGULATIONS, AS WELL
AS END-USER, END-USE AND DESTINATION RESTRICTIONS BY U.S. AND OTHER GOVERNMENTS.
AS END-USER, END-USE AND DESTINATION RESTRICTIONS BY U.S. AND OTHER GOVERNMENTS.