diff --git a/LICENSE b/LICENSE index bf84a3d8..95c506ef 100644 --- a/LICENSE +++ b/LICENSE @@ -1,239 +1,244 @@ -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. +