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LICENSE
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Sitecore Corporation A/S License for GitHub
Copyright © 2016 Sitecore Corporation A/S. All rights reserved.
1. This Agreement. Any use of the content provided on GitHub by Sitecore
(“Materials”) shall be governed by this license (“Agreement”). This
Agreement shall apply to any person or application for each access or any
other use of the Materials with any device or in any form (“You” or “Your”).
You may not and will immediately discontinue any use or access of the
Materials if you do not acknowledge and fully agree with this License.
2. Materials. Sitecore grants you a limited, temporary, non-exclusive,
non-transferable, non-assignable, and non-sublicensable license to access
and use the Materials in compliance with all applicable laws and this
Agreement. Ownership of the Materials and all worldwide rights, title and
interest in and to any intellectual property associated with the Materials
shall remain solely and exclusively with Sitecore or the respective owners
of such intellectual property. You acknowledge and agree no intellectual
property rights of any kind, whether now known or later developed, are
transferred under this Agreement to You. The Materials provided here are
for reference purposes only.
3. Your Input. You may transmit or publish content, suggestions, enhancement
requests, recommendations or other feedback created by You (“User Content”).
You do not transfer any ownership right in the User Content and you hereby
grant Sitecore a non-exclusive, royalty-free, worldwide, transferable,
sublicensable, irrevocable, perpetual license to use, copy (in whole or
in part), modify, display in any form now known or hereinafter developed,
distribute, and make derivative works of, including by incorporating into
any product or service owned by Sitecore, any User Content provided by You
relating to any product or service owned by Sitecore. You are solely
responsible User Content and the consequences of its transmission or
publication.
4. Restrictions. You agree not to (a) reverse engineer or attempt to derive
the source code from or create derivative works of the Materials, or any
portion thereof; (b) use the Materials in a greater capacity than
authorized under this Agreement; (c) sublicense, distribute or pledge
the Materials, (d) access, use, or copy any portion of the Materials
to directly or indirectly to develop, promote or support any product or
service that is competitive with Sitecore, (e) lease, rent or commercially
share or otherwise use the Materials for purposes of providing a service
bureau or providing third party hosting, application service provider type
services; (f) remove any identification, patent, trademark, copyright, or
other notice from the Materials; (g) attempt to gain unauthorized access
to the Materials or the related systems or networks; (h) use any name,
mark, or designation of Sitecore, or any of its affiliates or licensors or
their respective products or services, unless expressly permitted herein or
by Sitecore in writing; or (i) use the Materials in any manner that brings
any Sitecore brands, trademarks, products or services into disrepute.
5. Modification of Terms. Sitecore reserves the right to modify this Agreement
at any time. Modifications to this Agreement are effective immediately and
shall apply upon Your continued access or use of the Materials.
6. DISCLAIMER OF WARRANTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK. THE MATERIALS PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS. SITECORE EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. SITECORE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE MATERIALS,
HOWEVER, SITECORE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA,
INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS,
SITE INTERRUPTION, MISDELIVERY OR NONDELIVERY OF INFORMATION,
RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE
DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH
THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR
DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. SITECORE DOES NOT
WARRANT THAT:
i. THE MATERIALS WILL MEET YOUR SPECIFIC REQUIREMENTS;
ii. ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR THAT THE MATERIALS WILL BE ERROR-FREE;
iii. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS
WILL BE ACCURATE OR RELIABLE;
iv. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MATERIALS WILL
MEET YOUR EXPECTATIONS; OR
v. ANY ERRORS IN THE MATERIALS WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR
FROM THE MATERIAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THESE TERMS, INCLUDING ANY STATEMENT BY A SITECORE EMPLOYEE, AFFILIATE,
DIRECTOR, OFFICER, OR AGENT.
e. THE DISCLAIMERS IN THIS SECTION OF ANY EXPRESS OR IMPLIED WARRANTY BY
SITECORE SHALL INCLUDE WITHOUT LIMITATION SITECORE’S PARENTS,
SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS.
7. LIMTIATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SITECORE
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF SITECORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM:
a. THE USE OR THE INABILITY TO USE THE MATERIALS;
b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
THE USE OF MATERIALS; OR
c. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
8. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU AND SHALL ONLY APPLY TO THE FULLEST EXTENT
PERMITTED UNDER THE APPLICABLE LAW(S).
9. Export Control. Sitecore’s software, services, and content in the Materials
may be subject to U.S. and international trade and export control laws.
You agree to comply with all such laws.
10. Governing Law and Process. The English version of this Agreement shall be
used when interpreting and applying the provisions herein. If You reside in
the U.S., You irrevocably consent to the exclusive jurisdiction and venue
of the state and federal courts located in San Francisco County of
California in accordance with the laws of the State of California.
If You reside outside the U.S., You irrevocably consent to the exclusive
jurisdiction and venue of the City Court of Copenhagen, Denmark in
accordance with the laws of Denmark. This paragraph applies without
reference to conflict of laws principles and excludes the UN Convention on
Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act. In any action to enforce this Agreement,
the prevailing party will be entitled to costs and attorneys’ fees.
11. Agreement. This Agreement constitutes the entire agreement between the
parties hereto pertaining to the subject matter hereof, and any and all
written or oral agreements heretofore existing between the parties hereto
are expressly canceled. This Agreement is not assignable, transferable or
sub-licensable by you except with prior written consent. Any heading,
caption or section title contained in this Agreement is inserted only as
a matter of convenience and in no way defines or explains any section or
provision hereof. Sitecore reserves the right in its sole discretion
to terminate the use of the Materials by a user at any time.