cloudflare/cloudflared
Publicmirrored from https://github.com/cloudflare/cloudflaredAvailable
LICENSE
155lines · modecode
| 1 | SERVICES AGREEMENT |
| 2 | |
| 3 | Your installation of this software is symbol of your signature indicating that |
| 4 | you accept the terms of this Services Agreement (this "Agreement"). This |
| 5 | Agreement is a legal agreement between you (either an individual or a single |
| 6 | entity) and CloudFlare, Inc. for the services being provided to you by |
| 7 | CloudFlare or its authorized representative (the "Services"), including any |
| 8 | computer software and any associated media, printed materials, and "online" or |
| 9 | electronic documentation provided in connection with the Services (the |
| 10 | "Software" and together with the Services are hereinafter collectively referred |
| 11 | to as the "Solution"). If the user is not an individual, then "you" means your |
| 12 | company, its officers, members, employees, agents, representatives, successors |
| 13 | and assigns. BY USING THE SOLUTION, YOU ARE INDICATING THAT YOU HAVE READ, AND |
| 14 | AGREE TO BE BOUND BY, THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN |
| 15 | THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS BY ALL APPLICABLE |
| 16 | LAWS AND REGULATIONS, AS IF YOU HAD HANDWRITTEN YOUR NAME ON A CONTRACT. IF YOU |
| 17 | DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SOLUTION. |
| 18 | |
| 19 | 1. GRANT OF RIGHTS |
| 20 | |
| 21 | 1.1 Grant of License. The Solution is licensed by CloudFlare and its |
| 22 | licensors, not sold. Subject to the terms and conditions of this Agreement, |
| 23 | CloudFlare hereby grants you a nonexclusive, nonsublicensable, nontransferable |
| 24 | license to use the Solution. You may examine source code, if provided to you, |
| 25 | solely for the limited purpose of evaluating the Software for security flaws. |
| 26 | You may also use the Service to create derivative works which are exclusively |
| 27 | compatible with any CloudFlare product serviceand no other product or service. |
| 28 | This license applies to the parts of the Solution developed by CloudFlare. The |
| 29 | Solution may also incorporate externally maintained libraries and other open software. |
| 30 | These resources may be governed by other licenses. |
| 31 | |
| 32 | 1.2 Restrictions. The license granted herein is granted solely to you and |
| 33 | not, by implication or otherwise, to any of your parents, subsidiaries or |
| 34 | affiliates. No right is granted hereunder to use the Solution to perform |
| 35 | services for third parties. All rights not expressly granted hereunder are |
| 36 | reserved to CloudFlare. You may not use the Solution except as explicitly |
| 37 | permitted under this Agreement. You are expressly prohibited from modifying, |
| 38 | adapting, translating, preparing derivative works from, decompiling, reverse |
| 39 | engineering, disassembling or otherwise attempting to derive source code from |
| 40 | the Software used to provide the Services or any internal data files generated |
| 41 | by the Solution. You are also prohibited from removing, obscuring or altering |
| 42 | any copyright notice, trademarks, or other proprietary rights notices affixed to |
| 43 | or associated with the Solution. |
| 44 | |
| 45 | 1.3 Ownership. As between the parties, CloudFlare and/or its licensors own |
| 46 | and shall retain all right, title, and interest in and to the Solution, |
| 47 | including any and all technology embodied therein, including all copyrights, |
| 48 | patents, trade secrets, trade dress and other proprietary rights associated |
| 49 | therewith, and any derivative works created there from. |
| 50 | |
| 51 | 2. LIMITATION OF LIABILITY |
| 52 | |
| 53 | YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DOWNLOADING THE SOFTWARE IS AT YOUR |
| 54 | SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND |
| 55 | AND CLOUDFLARE, ITS LICENSORS AND ITS AUTHORIZED REPRESENTATIVES (TOGETHER FOR |
| 56 | PURPOSES HEREOF, "CLOUDFLARE") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR |
| 57 | IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF |
| 58 | MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLOUDFLARE DOES NOT |
| 59 | WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR |
| 60 | REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR |
| 61 | ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, |
| 62 | CLOUDFLARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SOFTWARE |
| 63 | OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, |
| 64 | OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLOUDFLARE SHALL |
| 65 | CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. |
| 66 | |
| 67 | 3. CONFIDENTIALITY |
| 68 | |
| 69 | It may be necessary during the set up and performance of the Solution for the |
| 70 | parties to exchange Confidential Information. "Confidential Information" means |
| 71 | any information whether oral, or written, of a private, secret, proprietary or |
| 72 | confidential nature, concerning either party or its business operations, |
| 73 | including without limitation: (a) your data and (b) CloudFlare's access control |
| 74 | systems, specialized network equipment and techniques related to the Solution, |
| 75 | use policies, which include trade secrets of CloudFlare and its licensors. Each |
| 76 | party agrees to use the same degree of care to protect the confidentiality of |
| 77 | the Confidential Information of the other party and to prevent its unauthorized |
| 78 | use or dissemination as it uses to protect its own Confidential Information of a |
| 79 | similar nature, but in no event shall exercise less than due diligence and |
| 80 | reasonable care. Each party agrees to use the Confidential Information of the |
| 81 | other party only for purposes related to the performance of this Agreement. All |
| 82 | Confidential Information remains the property of the party disclosing the |
| 83 | information and no license or other rights to Confidential Information is |
| 84 | granted or implied hereby. |
| 85 | |
| 86 | 4. TERM AND TERMINATION |
| 87 | |
| 88 | 4.1 Term. This Agreement shall be effective upon download or install of the |
| 89 | Software. |
| 90 | |
| 91 | 4.2 Termination. This Agreement may be terminated by CloudFlare or its |
| 92 | authorized representative by written notice to you if any of the following |
| 93 | events occur: (i) you fail to pay any amounts due for the Services and the |
| 94 | Solution when due and after written notice of such nonpayment has been given to |
| 95 | you; (ii) you are in material breach of any term, condition, or provision of |
| 96 | this Agreement or any other agreement executed by you with CloudFlare or its |
| 97 | authorized representative in connection with the provision of the Solution and |
| 98 | Services (a "Related Agreement"); or (iii) you terminate or suspend your |
| 99 | business, becomes subject to any bankruptcy or insolvency proceeding under |
| 100 | federal or state statutes, or become insolvent or subject to direct control by a |
| 101 | trustee, receiver or similar authority. |
| 102 | |
| 103 | 4.3 Effect of Termination. Upon the termination of this Agreement for any |
| 104 | reason: (1) all license rights granted hereunder shall terminate and (2) all |
| 105 | Confidential Information shall be returned to the disclosing party or destroyed. |
| 106 | |
| 107 | 5. MISCELLANEOUS |
| 108 | |
| 109 | 5.1 Assignment. You may not assign any of your rights or delegate any of |
| 110 | your obligations under this Agreement, whether by operation of law or otherwise, |
| 111 | without the prior express written consent of CloudFlare or its authorized |
| 112 | representative. Any such assignment without the prior express written consent |
| 113 | of CloudFlare or its authorized representative shall be void. Subject to the |
| 114 | foregoing, this Agreement will bind and inure to the benefit of the parties, |
| 115 | their respective successors and permitted assigns. |
| 116 | |
| 117 | 5.2 Waiver and Amendment. No modification, amendment or waiver of any |
| 118 | provision of this Agreement shall be effective unless in writing and signed by |
| 119 | the party to be charged. No failure or delay by either party in exercising any |
| 120 | right, power, or remedy under this Agreement, except as specifically provided |
| 121 | herein, shall operate as a waiver of any such right, power or remedy. Without |
| 122 | limiting the foregoing, terms and conditions on any purchase orders or similar |
| 123 | materials submitted by you to CloudFlare or its authorized representative shall |
| 124 | be of no force or effect. |
| 125 | |
| 126 | 5.3 Governing Law. This Agreement shall be governed by the laws of the State |
| 127 | of California, USA, excluding conflict of laws and provisions, and excluding the |
| 128 | United Nations Convention on Contracts for the International Sale of Goods. |
| 129 | |
| 130 | 5.4 Notices. All notices, demands or consents required or permitted under |
| 131 | this Agreement shall be in writing. Notice shall be sent to you at the e-mail |
| 132 | address provided by you to CloudFlare or its authorized representative in |
| 133 | connection with the Solution. |
| 134 | |
| 135 | 5.5 Independent Contractors. The parties are independent contractors. |
| 136 | Neither party shall be deemed to be an employee, agent, partner or legal |
| 137 | representative of the other for any purpose and neither shall have any right, |
| 138 | power or authority to create any obligation or responsibility on behalf of the |
| 139 | other. |
| 140 | |
| 141 | 5.6 Severability. If any provision of this Agreement is held by a court of |
| 142 | competent jurisdiction to be contrary to law, such provision shall be changed |
| 143 | and interpreted so as to best accomplish the objectives of the original |
| 144 | provision to the fullest extent allowed by law and the remaining provisions of |
| 145 | this Agreement shall remain in full force and effect. |
| 146 | |
| 147 | 5.7 Force Majeure. CloudFlare shall not be liable to the other party for any |
| 148 | failure or delay in performance caused by reasons beyond its reasonable control. |
| 149 | |
| 150 | 5.8 Complete Understanding. This Agreement and the Related Agreement |
| 151 | constitute the final, complete and exclusive agreement between the parties with |
| 152 | respect to the subject matter hereof, and supersedes all previous written and |
| 153 | oral agreements and communications related to the subject matter of this |
| 154 | Agreement. To the extent this Agreement and the Related Agreement conflict, |
| 155 | this Agreement shall control. |
| 156 | |