Github Open Source Applications Terms And Conditions (GitHub)

[company name] Open Source Applications Terms and Conditions

These [company name] Open Source Applications Terms and Conditions ("Application Terms") are a legal agreement between you (either as an individual or on behalf of an entity) and [company name], Inc. regarding your use of [company name]'s applications, such as [application name]™ and associated documentation ("Software"). These Application Terms apply to the executable code version of the Software. Source code for the Software is available separately and free of charge under open source software license agreements. If you do not agree to all of the terms in these Application Terms, do not download, install, use, or copy the Software.

Connecting to [company name]

If you configure the Software to work with one or more accounts on the [company website] or with a deployment of [company name] Enterprise Server, your use of the Software will also be governed by your applicable [company website] Terms of Service and/or the license agreement applicable to your deployment of [company name] Enterprise Server ("[company name] Terms").

Any use of the Software that violates your applicable [company name] Terms will also be a violation of these Application Terms.

Open Source Licenses and Notices

The open source license for the Software is included in the "Open Source Notices" documentation that is included with the Software. That documentation also includes copies of all applicable open source licenses.

To the extent the terms of the licenses applicable to open source components require [company name] to make an offer to provide source code in connection with the Software, such offer is hereby made, and you may exercise it by contacting [company name]: [contact link]

Unless otherwise agreed to in writing with [company name], your agreement with [company name] will always include, at a minimum, these Application Terms. Open source software licenses for the Software's source code constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Application Terms, the open source licenses govern your agreement with [company name] for the use of the Software or specific included components of the Software.

[company name]'s Logos

The license grant included with the Software is not for [company name]'s trademarks, which include the Software logo designs. [company name] reserves all trademark and copyright rights in and to all [company name] trademarks. [company name]'s logos include, for instance, the stylized designs that include "logo" in the file title in the "logos" folder.

The names [company names], and related [company name] logos and/or stylized names are trademarks of [company name]. You agree not to display or use these trademarks in any manner without [company name]'s prior, written permission, except as allowed by [company name]'s Logos and Usage Policy: [link to company website/logos].

Privacy

The Software may collect personal information. You may control what information the Software collects in the settings panel. If the Software does collect personal information on [company name]'s behalf, [company name] will process that information in accordance with the [link to company privacy statement].

Additional Services

Auto-Update Services

The Software may include an auto-update service ("Service"). If you choose to use the Service or you download Software that automatically enables the Service, [company name] will automatically update the Software when a new version is available.

Disclaimers and Limitations of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. [company name] does not warrant that (i) the Service will meet your specific requirements; (ii) the Service is fully compatible with any particular platform; (iii) your use of the Service will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Service will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or (vi) any errors in the Service will be corrected.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT [company name] 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 [company name] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SERVICE, including, for example: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Service; (v) or any other matter relating to the Service.

[company name] reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. [company name] shall not be liable to you or to any third-party for any price change, suspension or discontinuance of the Service.

Miscellanea

No Waiver. The failure of [company name] to exercise or enforce any right or provision of these Application Terms shall not constitute a waiver of such right or provision.

Entire Agreement. These Application Terms, together with any applicable Privacy Notices, constitutes the entire agreement between you and [company name] and governs your use of the Software, superseding any prior agreements between you and [company name] (including, but not limited to, any prior versions of the Application Terms).

Governing Law. You agree that these Application Terms and your use of the Software are governed under [governing law] and any dispute related to the Software must be brought in a tribunal of competent jurisdiction located in or near [jurisdiction location].

Third-Party Packages. The Software supports third-party "Packages" which may modify, add, remove, or alter the functionality of the Software. These Packages are not covered by these Application Terms and may include their own license which governs your use of that particular package.

No Modifications; Complete Agreement. These Application Terms may only be modified by a written amendment signed by an authorized representative of [company name], or by the posting by [company name] of a revised version. These Application Terms, together with any applicable Open Source Licenses and Notices and [company name]'s Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. These Application Terms supersede any proposal or prior agreement oral or written, and any other communications between you and [company name] relating to the subject matter of these terms.

License to [company name] Policies. These Application Terms are licensed under this [applicable licence type]. For details, see our [policy repository link].

Contact Us. Questions about the Terms of Service? Contact us through the [company name] [support portal/email/contact form].