CollabNet GitEye End User License Agreement
IMPORTANT: BY ACCESSING, DOWNLOADING OR USING THIS COLLABNET CERTIFIED INTEGRATION SOFTWARE(THE "SOFTWARE") YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS
(COLLECTIVELY "YOU", OR "YOUR") ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND
AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT (THE "AGREEMENT").
1. Grant of License. Subject to the terms of this Agreement and each applicable
Third Party License (as defined below in Section 2), CollabNet, Inc.
("CollabNet") hereby grants You a non-exclusive, non-transferable, object
code only license to:
a. Download the Software;
b. Copy the Software for internal use only; and
c. Modify the Software and redistribute it internally only, unless otherwise
set forth in a Third Party License.
Any rights not expressly granted by CollabNet in this Agreement are reserved to
CollabNet. This license will remain in effect so long as You are not in breach
of this License Agreement.
2. Third Party Programs. CollabNet may distribute third party software programs
with the Software that are not part of the Software. These third party software
programs are not required to run the Software, are provided as a convenience to
You, and are subject to their own license terms (“Third Party License(s)”).
Such license terms either accompany the third party software programs or can be
found in the download or source code files. If You do not agree to abide by
the applicable Third Party License terms for the third party software programs,
then You should not install them.
3. Limitations on Use. Except as permitted in an applicable Third Party License,
You agree not to: (a) rent, lease, sublicense, or otherwise transfer or
distribute the Software, (b) remove or obscure CollabNet proprietary notices,
(c) reverse engineer, translate, decompile or disassemble the Software, or
(d) defeat or circumvent or attempt to defeat or circumvent any technological
restrictions imposed by CollabNet. You may be denied use of the Software for
any violation of this Section 3. CollabNet may terminate the Software license
provided for in this Agreement immediately upon written notice to You of Your
breach of the Agreement. Should this license be terminated by CollabNet for
any reason, upon termination You agree to cease all use of the Software and
to delete the Software from all of Your internal systems.
4. Ownership. You recognize and agree that the Software will at all times remain
the property of CollabNet or its licensors and that the Software is protected
by trade secret, copyright and other intellectual property laws. You
acknowledge that You do not acquire any rights in the Software, express or
implied, other than those specified in this Agreement. You agree to protect
the Software from unauthorized reproduction, distribution, disclosure,
use or publication.
5. Support. Any use of the Software is at Your own risk unless You have signed up
for a CollabNet Support Program. CollabNet Support Programs for CollabNet products
include coverage for CollabNet Certified Integrations:
6. Disclaimer of Warranties. You agree to assume all risk and liability from use
of the Software. YOU UNDERSTAND AND AGREE THAT UNLESS OTHERWISE SET FORTH IN
A THIRD PARTY LICENSE, THE SOFTWARE OR ANY OTHER ITEMS PROVIDED TO YOU UNDER
THE TERMS OF THIS AGREEMENT ARE DELIVERED "AS IS". NO WARRANTIES OF ANY KIND
OR NATURE ARE GIVEN, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF FITNESS OR MERCHANTABILITY. IN NO EVENT WILL
COLLABNET BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY
LIABILITY IN CONTRACT OR TORT INCURRED BY OR UNDER THIS AGREEMENT. YOUR SOLE
AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COLLABNET IN CONNECTION WITH THE
SOFTWARE IS TO TERMINATE YOUR USE OF THE SOFTWARE WITHOUT ANY FURTHER
LIABILITY ON THE PART OF COLLABNET.
7. Representations. You represent and warrant that You have the legal right and
authority to enter into this Agreement and perform its obligations. You agree
to comply with all applicable laws and regulations of the United States and
foreign authorities, including, without limitation, laws regarding the
transmission of technical data, such as encryption, exported from the United
States or from the country in which You reside. You agree not to export,
re-export or import the Software or its documentation in violation of any such
restrictions, laws or regulations, or without all necessary authorizations.
8. Governmental Use. The Software and its documentation were developed at private
expense and are provided with "RESTRICTED RIGHTS", and the Government shall
have no rights in or license to the Software other than as set forth herein.
9. Entire Agreement. This Agreement sets forth the entire understanding between
the parties with respect to the matters set forth herein and supersedes all
prior representations, understandings or agreements, whether written or oral,
express or implied, with respect to its subject matter, including, but not
limited to, any earlier versions of the Agreement posted on any CollabNet
website. This Agreement may be modified only by mutual written agreement of
the parties. Any provision in this Agreement that may reasonably be interpreted
as being intended by the parties to survive the termination or expiration of
this Agreement shall survive any such termination or expiration. This Agreement
has been written in the English language and, in the event of any conflict or
inconsistency between the English-language version and any translation of this
Agreement, the English language version shall prevail.
10. Governing Law. This Agreement is governed by the laws of the State of
California. You may not assign Your rights in this Agreement without the prior
written consent of CollabNet. CollabNet may assign its rights in this Agreement
in its sole discretion without Your consent.
11. Notices. Notices to You may be made via email. CollabNet may provide notices to
You regarding this Agreement or the Software by email or by displaying notices
or links to notices on www.open.collab.net or any successor site.