Our licensing philosophy:
In writing our developer license agreements, our goal was to create an environment that makes it easy for developers to develop and deploy rich internet applications.
A guiding principle for us is that you own the components and applications that you develop, and you decide whether or not to share them with others. We also provide you with a choice of licensing rules to be applied to your components and applications when you share them with others via the Bungee Share component repository. With respect to user content submitted through the “wiki” and “forum” sections of our site, our position is to respect your ownership of such materials, but to ensure that we have the rights we require in order to make use of such content on our platform, as envisioned to be valuable and useful to our users now or in the future.
From the Bungee Share component repository, we make lots of sample code available for your free use in your applications. We reserve, however, all of our rights in our platform, including the web site and software that may be delivered by us to run in your browser. In the future, we may offer open source and other licensing options for portions of our software.
For the benefit of our entire user community, we do not allow behavior that is unethical or illegal, or that would otherwise threaten the operation of the platform and the community, and we reserve the right to terminate access by community members who act in a manner that we believe is anti-social.
We work hard to keep the platform up and running, but please understand that we make no representations, warranties, or guarantees about its performance, reliability, or availability.
With respect to your personal information, we respect your privacy, and we ask that you carefully read our privacy policy.
We also ask you to carefully read the Developer License Agreement that follows. If you have any questions about our agreements or policies, please contact us at [email protected].
BEFORE ACCESSING THE SERVICES OR USING ANY SOFTWARE CONTAINED IN DOWNLOADABLE FILES THAT RUN IN YOUR BROWSER TO ENABLE THE SERVICES (THE "SOFTWARE"), YOU SHOULD CAREFULLY READ THE FOLLOWING DEVELOPER LICENSE AGREEMENT THAT APPLIES TO YOUR USE OF THE SOFTWARE AND SERVICES. CLICK "ACCEPT" IF YOU FULLY ACCEPT AND AGREE TO ALL OF THE PROVISIONS OF THIS DEVELOPER LICENSE AGREEMENT. CLICKING "ACCEPT" ESTABLISHES A BINDING AGREEMENT BETWEEN YOU AS THE PERSON ACCEPTING THE TERMS ("YOU" OR "YOUR") AND BUNGEE LABS, INC. ("BUNGEE LABS"). ACCEPTANCE OF THIS DEVELOPER LICENSE AGREEMENT (THE "AGREEMENT") IS REQUIRED AS A CONDITION TO PROCEEDING WITH THE USE OF THE SERVICE AND/OR THE DOWNLOADING OF THE SOFTWARE.
NOTE: IF YOU DID NOT PROPERLY OBTAIN SOFTWARE DIRECTLY FROM BUNGEE LABS OR AN AUTHORIZED AGENT OF BUNGEE LABS, YOU ARE NOT AUTHORIZED TO RECEIVE OR USE THE SOFTWARE OR ACCESS THE SERVICES AND MUST DESTROY THE SOFTWARE AND ASSOCIATED FILES IN YOUR POSSESSION.
Bungee Labs
Developer License Agreement
1. Services and Software
a. Services. Subject to the terms and conditions of this Agreement, Bungee Labs agrees to provide You with hosted development services via the Internet (the "Services"). To access and use the Services, Your web browser may download the Software on Your computer and You also may need to maintain a connection with the Internet in order to access and use the Services.
b. Software. The software provided by Bungee Labs in downloadable files (the "Software"), and any documentation, is subject to the protection of the copyright laws and other intellectual property laws of the U.S. and foreign jurisdictions, which prohibit unauthorized copying and distribution. The Software and documentation incorporate Bungee Labs' proprietary and confidential algorithms and techniques that are subject to legal protection as trade secrets and by accepting the terms of this Agreement, You agree to maintain the confidentiality of the Software. With regard to the Software, You are granted only those rights expressly conferred by the license grant set forth in Section 4 of this Agreement.
c. You acknowledge and agree that Bungee Labs is the sole and exclusive owner of all right, title and interest to the Services and the Software, and all datacenter hardware, software and documentation used in connection with the performance and delivery of the Services, including the Software. Bungee Labs and its suppliers retain all right, title and interest, including all intellectual property rights, in and to, the Services and the Software and all copies thereof.
d. Registration. To use the Service, You must submit a complete registration form, which is available via www.bungeelabs.com (the "Registration Form"). As part of the registration process for the Service, You agree to: (1) provide certain information as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data").
e. User Names and Passwords. As part of the registration process, You are required to provide an email address to be used as a user name and a password for access to Your Services account. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify Bungee Labs of any unauthorized use of Your account or any other breach of security of which You become aware, including if You believe that Your password or account information has been stolen or otherwise compromised.
2. Service Access License Grants
Subject to the terms and conditions of this Agreement, Bungee Labs grants You a non-transferable and non-exclusive License to:
a. access the Services and use the Software solely in conjunction with the Services; and
b. use the Services to develop software components and applications for Your personal use in a manner consistent with this Agreement.
3. Software License Grants
Subject to the terms and conditions of this Agreement, Bungee Labs grants You a non-exclusive license to receive and use the Software on one or more computers solely for Your own use and only to access and use the Services consistent with the terms of this Agreement. Note, however, that as a condition of Your use and modification of certain software objects made available to You via the Software and/or Services, You may be required to post all derivative works of such objects to one of Bungee Labs Community Share ("Share"), and such posting will require You to read and accept additional terms as specified in the Software Publishing Agreement. In addition, any third-party use of an application developed by You under this agreement requires You to agree to additional terms as specified in the Application Deployment Agreement.
4. Reserved Rights
Bungee Labs reserves any rights not expressly granted in this Agreement. Without limiting the foregoing, Bungee Labs reserves the right to provide the Service and license Software and documentation to others on such terms as Bungee Labs may establish in its sole discretion.
Bungee Labs may, in its sole discretion, reject a registration application or terminate Your access to the Services and/or Software for any reason, for example, if Bungee Labs deems that any Registration Data is inaccurate, fraudulent, incomplete or not current, or if Bungee Labs determines that You are not an appropriate or acceptable subscriber or user of the Services. Bungee Labs reserves the right to refuse the Service and/or Software to any person who has canceled any number of previous Services accounts.
Bungee Labs reserves the right to take any action with respect to the Software and/or Service that Bungee Labs deems necessary or appropriate in Bungee Labs' sole discretion if Bungee Labs believes transmissions or use of the Software and/or Service may create liability for Bungee Labs or does not comply with the Bungee Labs' Terms of Use. Your use of the Services and Software is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising).
Bungee Labs reserves the right to charge a fee for access, use, and/or support of the Services and/or Software.
Bungee Labs reserves the right to modify or discontinue the Services with or without notice at its sole discretion for any reason, including, without limitation any threat or instigation of litigation against Bungee Labs. Bungee Labs shall not be liable to You or any third party should Bungee Labs exercise its right to modify or discontinue the Services.
5. Your Representations and Obligations to Bungee Labs
a. Suggestions. You agree not to make any claims against Bungee Labs regarding any suggestions, comments, Works or ideas You submit to Bungee Labs by (collectively referred to as "Suggestions"), including, but not limited to, all patents, copyrights, trade secrets or other intellectual property rights in or ownership of the suggestions.
b. Representations. By registering for the Service, You represent that You are 14 years of age or older, are not using any bots or other automated means to register for the Service, and upon acceptance of this agreement and completion of the registration process You will have opened an account with Bungee Labs and will become a subscriber to the Services, and agree to the terms and conditions of this Agreement and the Terms of Use. If you enter into a commercial relationship with Bungee Labs, including without limitation the Software Publishing Agreement or the Application Deployment Agreement, you represent and warrant that you are over the legal age of consent to agreements in your jurisdiction or that your guardian has agreed to the Bungee Labs agreements on your behalf.
6. Restrictions
Regardless of Your registration status with Bungee Labs under this Agreement, You may not:
a. Disassemble, decrypt, extract, reverse engineer or reverse compile the Software (except as expressly authorized by law and necessary to achieve interoperability of a permitted independently created program), or otherwise attempt to discover the confidential algorithms and techniques incorporated in the Software, or disclose or use any confidential information of Bungee Labs in any manner other than as expressly authorized in this Agreement;
b. Modify, translate, adapt, or create derivative works from the Software;
c. Use the Software to develop any software or other technology having the same primary function as the Software or the Services;
d. use the Service for illegal purposes;
e. interfere or disrupt networks connected to the Services;
f. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. transmit through the Services, through feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
h. attempt to gain unauthorized access to other computer systems or interfere with another's use and enjoyment of the Services;
i. Copy the Software or documentation in any manner or for any purpose, except for such copying as allowed in Section 2b.
j. Install or use the Software in a network or similar configuration which permits access by more than one person or workstation at a time except as provided by Bungee Labs;
k. Access the Services using any means other than the Software;
l. Resell or distribute the Software or access to the Services, or any copy, by transfer, lease, loan or any other means, or make it available for use by others in any time-sharing, service bureau or similar arrangement; or
m. Remove or alter any trademark, trade name, product name, logo, copyright or other proprietary notice, legend, symbol or label in the Software. This Agreement does not authorize You to use Bungee Labs' or its licensors' names or any of their respective trademarks.
7. User Submitted Content.
The websites located at http://docs.bungeeconnect.com/wiki/ and http://forums.bungeeconnect.com (collectively, the “Content Sites”) allow the submission of material, such as text, graphics, images, audio, video, software and other material (“Content”) at the direction of users (“User Content”).
You shall be solely responsible for User Content You submit and the consequences of our posting or publishing such User Content. In connection with any User Content You submit, You affirm, represent, and/or warrant that: (i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Content Sites and these Terms of Use; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Content Sites and this Agreement. By submitting the User Content to us, You hereby grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Content Sites and our (and our successors’) business, including without limitation for publishing, promoting and redistributing part or all of the Content Sites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Content Sites a non-exclusive license to access Your User Content through the Content Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Content Sites.
In connection with User Content, You further agree that You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities or infringement of intellectual property rights on the Content Sites, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We may remove or choose not to publish any Content or User Content without prior notice. We may also terminate Your access to the Content Sites, if You are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Content Sites more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. We may remove or choose not to publish any such User Content and/or terminate Your access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.
8. Term
This Agreement is effective until terminated. The Agreement and Your right to receive and use the Software and Services and related documentation will automatically terminate without notice in the event that You fail to comply with any of the above restrictions or any term of this or any other Agreement referenced herein. Upon termination, You shall destroy any and all copies of the Software and documentation in Your possession. All provisions of Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the Agreement shall survive termination.
9. Limited Warranty
a. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND THE SOFTWARE ARE PROVIDED TO YOU AT YOUR SOLE RISK AND ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH USE. WITHOUT LIMITING THE FOREGOING, BUNGEE LABS MAKES NO WARRANTY THAT THE SERVICES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES, SOFTWARE OR ACCESS TO ANY DATA WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, NOR DOES BUNGEE LABS MAKE ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SOFTWARE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES OR THE SOFTWARE OR THAT DEFECTS IN THE SERVICES OR THE SOFTWARE WILL BE CORRECTED. MOREOVER, BUNGEE LABS DOES NOT WARRANT THAT MATERIAL AND/OR DATA DOWNLOADED WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUNGEE LABS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
b. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BUNGEE LABS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF A REPRESENTATIVE OF BUNGEE LABS HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BUNGEE LABS BE LIABLE TO YOU IN CONNECTION WITH THE SERVICES, THE SOFTWARE, OR THIS AGREEMENT, FOR ANY AMOUNTS GREATER THAN THOSE AMOUNTS PAID TO BUNGEE LABS BY YOU UNDER THIS AGREEMENT FOR PROVISION OF THE SERVICES AND SOFTWARE.
11. Indemnification
You agree to, at Your expense, indemnify, defend and hold Bungee Labs harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of (i) copyright infringement based on Works or Content developed or submitted by You; (ii) theft of trade secrets or breach of confidentiality; or (iii) knowingly infringing a patent; or (b) any fraud or manipulation, unauthorized or improper activity, or other breach of this Agreement by You.
12. Privacy
Bungee Labs' current privacy policy can be found at http://www.bungeeconnect.com/about/legal/privacy-policy.html.
13. Third Party Software
The Software licensed pursuant to this Agreement may include certain so-called "open source" software and other third-party software applications or portions of applications which may be subject to separate licensing terms ("Other Software"). The Services and Software may interoperate with or require the concurrent installation of this Other Software. However, the Other Software is not subject to the terms and conditions of this Agreement or the license granted hereby. BUNGEE LABS DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE OTHER SOFTWARE. Such separate licensing terms and conditions are located at www.bungeelabs.com/thirdparty/ and are made a part of and incorporated by reference into this Agreement. By accepting this Agreement, You also accept the additional terms and conditions, if any, set forth therein. Notwithstanding anything to the contrary in this Agreement, You are permitted to modify a work solely for Your own personal use and to reverse engineer solely to debug such modifications to the extent required by licenses covering such Other Software.
14. Ultrahazardous Activities
The Services and the Software provided hereunder are not fault-tolerant and are not designed, manufactured or intended for use in any environment in which the failure of the Services or the Software or inability of Bungee Labs to deliver the Services or the Software could lead to death, personal injury, or severe physical or environmental damage, including, without limitation, in the design or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support machines, or weapons systems or in the on-line control of equipment in any hazardous environment requiring fail-safe performance ("Ultrahazardous Activities"). Bungee Labs specifically disclaims any express or implied warranty of fitness for Ultrahazardous Activities. You represent and warrant to Bungee Labs that You will not use or otherwise provide the Software or access the Services for such purposes. You agree and undertake to indemnify, defend and hold harmless Bungee Labs from and against any and all losses, damages, liabilities, and expenses, as well as any claims or lawsuits, including reasonable attorney's fees, that arise or result from any breach by You of this provision.
15. Miscellaneous
a. Relationship of the Parties. Nothing in this Agreement will be construed to imply a joint venture, partnership, or agency relationship between the parties.
b. Assignment. The rights and liabilities of the parties hereto shall bind and inure to the benefit of their respective successors, heirs, executors and administrators, as the case may be; provided that You may not assign this Agreement either in whole or in part without Bungee Labs' prior written consent.
c. Notices. All notices or inquiries regarding this Agreement shall be directed to: Bungee Labs, Inc., 625 East Technology Ave, Orem UT 84097 - Attention: Legal Matters, or to such other address as such party may hereafter designate, by written notice to the other party.
d. Governing Law; Consent to Jurisdiction. All disputes, claims or controversies arising out of this Agreement or the negotiation, validity or performance of this Agreement, or the transactions contemplated hereby shall be governed by and construed in accordance with the laws of the State of Utah without regard to its rules of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Unless otherwise agreed in writing, all disputes relating to the Software, the Services, or this Agreement (other than intellectual property disputes) shall be subject to final and binding arbitration before one arbitrator in Salt Lake City, UT, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and You and Bungee Labs agree that no person shall bring a putative or certified class action to arbitration or seek to consolidate or bring previously consolidated claims to arbitration. The arbitrator shall have no authority to award punitive damages. YOU AGREE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
For intellectual property disputes, You and Bungee Labs agree to the sole and exclusive jurisdiction and venue of the state and federal courts located in Salt Lake City, Utah, and each of the parties waives any objection to the venue of such courts. Any disputes having intellectual property and additional claims shall be separately arbitrated and litigated as set forth above.
e. Entire Agreement. This Agreement constitutes the entire agreement between the parties.
f. Section Headings. The headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement.
g. Severability. If any provision of this Agreement is held invalid, all other provisions will remain valid.
h. Amendments. Bungee Labs may amend this Agreement at any time by (i) posting a revised Agreement on www.bungeelabs.com and/or (ii) sending information regarding the amended Agreement to Your email address provided to Bungee Labs during Registration. You are responsible for regularly reviewing the www.bungeelabs.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms by continuing to use the Software and Services after such amended terms have been posted or information regardless of whether such amendment has been sent to You. Otherwise, this Agreement may not be amended except in writing signed by both parties.
Legal