License Agreement

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Additional Terms of Service for Telerik Backend Services

(Last Updated January 20, 2015)

What the Agreement Covers:

The Services (as defined below) are being made available by Telerik AD (“Telerik,” “we,” “us,” or “our”) to You on the condition that You agree to these terms and conditions (the “Terms of Service” or “Agreement”). “Licensee,” “You,” or “Your” refers to the person accessing or using the Services, or, if the Services are being used on behalf of an organization, such as an employer, “Licensee,” "You," or “Your” means such organization. In the latter case, the person accessing or using the Services represents and warrants that he or she has the authority to do so and bind such organization to these Terms of Service. Violation of any of the terms below will result in the termination of this Agreement and the Services. BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THESE TERMS AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT ACCESS OR USE THE SERVICES.

This Agreement contains Additional Terms for Telerik Backend Services which are made a part of and are subject to the General Terms of Service for Telerik Platform (the “General Terms”) and by agreeing to the terms of this Agreement You also agree to the General Terms. Any defined terms used but not defined in this Agreement have the meanings ascribed to them in the General Terms.

This is a license agreement and not an agreement for sale.

1. Certain Definitions.

"Account" means a Developer Account.

"Code" means any Telerik proprietary SDKs, code, files, or other software made available to You through the Services, together with any fixes, updates, and upgrades provided to You.

“Data” means the Content and the End-user Data.

"End-users" means users of Your Application(s) or Third-Party Application(s).

"End-user Data" means any data belonging to or related to End-users including data concerning the characteristics and activities of End-users that is collected through their use of Your Application or Third-Party Application.

“Subscription Period” means the period for which You have obtained Your Subscription.

"Server Software" means any Telerik Backend Services server-side software and any upgrades thereto.

"Servers" means the servers controlled by Telerik (or its parent, subsidiaries, affiliates, or service providers) on which the Software and Data are stored.

Services” means the Telerik Backend products and services, including the Software and Documentation.

"Software" means the Code and the Server Software.

"Third Party" means any third party for whom You use the Services to develop, store, access, or support any Application or Data on the third party's behalf.

The words "include" and "including" mean "including but not limited to."

2. Nonexclusive Licenses.

2.1. Licenses. Subject to the terms and conditions of this Agreement, Telerik grants You/Your Licensed Developer(s) solely while You have an active Subscription, a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to: (a) download, install, copy, and use the Code for the sole purpose of accessing and using the Services; and (b) to access and use the Services in order to develop, store, access, and/or support Application(s) or Data. The Code may not be distributed.

2.2. Usage on Behalf of Third Party. If You/Your Licensed Developer(s) use the Services on behalf of a Third Party, or a Third Party otherwise uses the Services through Your Account, whether or not You are authorized by Telerik to do so, then You represent and warrant that: (i) You are authorized to act on behalf of, and bind such Third Party to, this Agreement and all obligations that You have hereunder; (ii) Telerik may share with the Third Party any Data that is specific to the Third Party’s Application and/or Data; and (iii) You/Your Licensed Developer(s) will not disclose Data owned by the Third-Party to any other party without the Third Party’s consent.

2.3. Compliance with Terms and Applicable Laws. You shall be solely and exclusively responsible for: (i) compliance with these Terms of Service by You/Your Licensed Developer(s) and any Third Party; (ii) the accuracy and quality of the Data; (iii) preventing unauthorized access to or use of the Services and the Telerik Intellectual Property and notifying us promptly of any such unauthorized access or use thereof; (iv) using the Services and the Telerik Intellectual Property strictly in accordance with Applicable Laws; (v) as required by Applicable Laws, notifying End-users, obtaining and maintaining informed consents from End-users, processing opt-out requests, and otherwise complying with all Applicable Laws in each relevant jurisdiction to permit Your collection, disclosure, storage, and use of any Data in accordance with these Terms of Service, including licensing the Data to Telerik for purposes of storage, processing, and delivery; and (vi) obtaining and maintaining all computer hardware, Internet access, and Internet services needed to access and use the Services.

2.4. License from Licensee. You license to Telerik (and its affiliates and necessary sublicensees), all Intellectual Property or other rights required to allow Telerik to: (i) publish, host and/or support Your and/or Your Third Parties’ Application(s); and (ii) store, use or process Your and/or Your Third Parties’, Data or other information, through the Services. Other than as necessary to provide the Services, Telerik has no right of ownership or control over Applications, Data, or other information provided by You/Your Licensed Developer(s) or Third Parties in connection with the use of the Services. You agree and acknowledge that the relationship of the parties shall be as an independent contractor and not as partner, joint venturer, or agent of the other. You are solely responsible for acquiring the necessary rights to publish and/or support Your Application and/or collect, store, use or process the Data or other information. You are solely responsible for protecting any rights You or Your Third Parties have, or may have, in the Applications, Data or other information. Telerik and its affiliates may retain, aggregate, use, and resell, both during and after the Subscription Period, (x) any analytical information collected in connection with any use of the Services under Your Account and any subaccounts created under Your Account; and (y) any anonymized Data.

2.5. Storage of Data. Telerik allows You to store, process, access, and query Data and Applications in the Services, provided You and Your Licensed Developer(s) comply with the Terms of this Agreement. You agree that You are solely responsible for (and that Telerik has no responsibility to You or to any third party for) any Data and/or Applications that You/Your Licensed Developer(s) upload, create, collect, transmit or display while using the Services and for the consequences of Your/Your Licensed Developer(s) actions (including any loss or damage which Telerik may suffer) by doing so. You are solely responsible for the backup of Your Data and Applications and acknowledge that You/Your Licensed Developer(s) upload Data and Applications at Your own risk. The Services may be periodically inaccessible for reasons including maintenance updates, power outages, system failures, extended downtime and other interruptions. During such periods, You/Your Licensed Developer(s) may be unable to access or use all or a portion of the Services and some or all of Your Data and/or Applications may be deleted. If Telerik determines that an outage or interruption may cause risk to the Services, Telerik may suspend the Services.

2.6. Transmission of Data. You understand that the technical processing and transmission of the Services, including Your Data, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that Telerik uses third party vendors and hosting partners to provide the necessary infrastructure, hardware, software, networking, storage, and related technology required to run the Services.

2.7. Data and Application Removal. Telerik does not pre-screen Data or Applications, but Telerik and its designees (including its third-party vendors and hosting partners) have the right (but not the obligation) in their sole discretion to access, review, and monitor Your Data and Applications and to refuse, remove or delete any Data or Application, without notice, that it determines in its sole discretion is/are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s Intellectual Property rights or the terms of this Agreement. You may backup Your Data and Applications to Your own or a third party system, but otherwise Telerik has no obligation to hold, export, or return any Data. In the event that this Agreement is terminated (for any reason), Telerik will, upon written request, make available one backup copy of Your Data. Telerik has no liability for the deletion of Data and/or Applications that remain(s) in Telerik’s control more than thirty (30) days after termination of this Agreement.

3. Term and Termination.

3.1. This Agreement and the Licenses granted hereunder, along with Your/Your Licensed Developer(s)’ use of and access to the Services, will last only while You have an active Subscription and only as long as You and Your Licensed Developer(s) use the Services in compliance with this Agreement and the General Terms. Unless otherwise prohibited by law, and without prejudice to Telerik’s other rights or remedies, Telerik shall have the right to terminate this Agreement and the License granted hereunder in accordance with the General Terms. You must also destroy all copies of the Code, Documentation and any product or company logos provided by Telerik in connection with this Agreement.

3.2. Upon cancellation, suspension or termination, all Licenses granted to You hereunder shall terminate automatically, Your right to use the Services shall cease. Telerik will hold Your Data for the same period and subject to the same terms of the General Terms which apply to the retention of Content and Applications. After the end of such period Your Data will be deleted. You are solely responsible for backing up Your Data.

 

4. Privacy.

If You/Your Licensed Developer(s) collect, store, access or process personal information when using these Services, You agree to comply with all Applicable Laws, including all privacy and data protection laws, taking into account the nature of the information to be processed, as well as the features and limitations of the Services as described in this Agreement or as otherwise provided to Licensee. Telerik has the right, but not the obligation, to modify the Services and any settings available to You with respect to Your collection and storage of such information from time to time at its discretion to restrict the scope and nature of Data collected and stored, and/or to comply with Applicable Laws. You are solely and exclusively responsible for Your and Your Licensed Developer(s)’ Data and information collection practices, and compliance with Applicable Laws. The Services provided by Telerik merely enable You to collect, store, access or process Data. Telerik makes no representation or warranty that Your use of the Services conforms to Applicable Laws in any jurisdiction, and provides no legal advice. You are solely and exclusively responsible for Your/Your Licensed Developer(s) and any Third Party’s usage of the Services, and all decisions regarding the collection, storage, access or processing of Data. You are the data controller, and Telerik will store and process the Data only in accordance with Your directions.

You represent and warrant to Telerik that Your/Your Licensed Developer(s) collection and provision of the Data to Telerik complies with Applicable Laws, and that You have an unqualified right to grant Telerik a non-exclusive license in and to the Data for the same purposes. You acknowledge and agree that You are solely responsible for complying with all Applicable Laws regarding the collection, storage and use of Data.

At all times during Your/Your Licensed Developer(s) use of the Services, You shall publish and maintain a privacy policy with respect to each Application that collects End-user Data and shall cause any and all Third Parties to publish and maintain a privacy policy with respect to each Third-Party Application as set forth in this Section. Each such privacy policy shall be clearly written and shall be prominently linked from the Application or Third-Party Application, as applicable. At all times during the Term, You shall ensure that Your relationship with Telerik, as described herein, is in compliance with such privacy policies.

Such privacy policies shall prominently and clearly disclose: (i) the nature and scope of the End-user Data collection with respect to the applicable Application or Third-Party Application; (ii) the use of cookies and other tracking technologies; (iii) the use of the Services and its features; and (iv) how End-users may opt-out of or opt-in to the collection of End-user Data. You are exclusively responsible for configuring each of Your Applications and any Third-Party Applications, including implementing opt-out/opt-in features and other options available through the Services, as required by and in accordance with all Applicable Laws.

5. Third Party Clearances.

As part of the Services, You/Your Licensed Developer(s) may be granted access to, original or modified, code from the following third party projects:

i) Reqwest!
License: MIT License
Available at: https://github.com/ded/reqwest

ii) Underscore
License: MIT License
Available at: https://github.com/documentcloud/underscore

iii) RSVP
License: MIT License
Available at: https://github.com/tildeio/rsvp.js

iv) Q
License: MIT License
Available at: https://github.com/kriskowal/q/blob/v1/LICENSE

v) jsTimezoneDetect
License: MIT License
Available at: http://www.opensource.org/licenses/mit-license.php

vi) json2
License: Public Domain
Available at: http://www.json.org/js.html

vii) jQuery
License: MIT License
Available at: http://jquery.org/license

viii) Facebook
License: Apache License
Available at: http://www.apache.org/licenses/LICENSE-2.0

ix) Backbone
License: MIT License
Available at: http://backbonejs.org

x) Newtonsoft Json.net Serialization (part of .net 4.5)
License: MIT License
Available at: http://json.codeplex.com/

xi) CodeMirror
License: MIT style License
Available at: http://codemirror.net/

xii) SyntaxHighlighter
License: MIT License
Available at: http://alexgorbatchev.com/SyntaxHighlighter/

xiii) JSHint
License: MIT License
Available at: https://github.com/jshint/jshint

6. Survival.

Any provisions of this Agreement containing license restrictions, warranties and warranty disclaimers, confidentiality obligations, limitations of liability, and/or indemnity terms, and any term of the Agreement which, by its nature, is intended to survive termination or expiration, shall remain in effect following any termination or expiration of this Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING TO ACCESS THE SERVICES, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN TELERIK AND YOU, THIS AGREEMENT INCLUDING THE GENERAL TERMS IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.