Legal Terms and Conditions
This site may contain legal information, some of which may have been written by lawyers; however, this content DOES NOT CONSTITUTE LEGAL ADVICE AND SHOULD NOT BE RELIED UPON FOR THAT PURPOSE. The laws vary from state to state and from country to country. The facts of every situation are different. If you have legal questions, you should consult a lawyer. Under no circumstances does Black Duck Software, Inc. accept any liability of any kind for your use of or reliance upon information contained in this Website.
TERMS AND CONDITIONS OF USE FOR THE BLACK DUCK SOFTWARE Website
We permit access to and use of this Website (the "Black Duck Site") subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY BECAUSE USE OF THIS Site CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS Site. These terms and conditions are effective as of: September 22, 2003. Black Duck Software, Inc. ("Black Duck") reserves the right to change these terms at any time, so you should check these terms periodically to see whether they have changed. If you use this Website after we post changes to the terms, you accept the changed terms.
I. Your Permission to Use The Black Duck Site
Subject to these terms and conditions, you may view the Black Duck Site and the artwork, text, video, audio, images, software and data compilations (the "Content") on the Black Duck Site. To the extent permitted by the Black Duck Site, you may download and make limited printouts of the Content of the Black Duck Site only for your personal use. You must include any copyright notice originally included with the Content in all printouts and copies that you make of the Content.
Your permission is limited in a number of ways. You may not use the Black Duck Site or any of its Content for any commercial purpose. You may not redistribute, retransmit, publish or republish any Content without written permission from Black Duck or our licensors. Other restrictions are described in Section III below and elsewhere in these terms and conditions. Your permission to use and access the Black Duck Site will terminate immediately, without any further action by Black Duck, if you violate any of these terms or conditions.
II. Intellectual Property Rights in The Black Duck Site and Its Content
All Content included on the Black Duck Site is the property of Black Duck or its licensors and is protected by United States and international copyright laws. The compilation of all Content on the Black Duck Site is the exclusive property of Black Duck. You may not modify or use the Content for any other purpose without the written permission of Black Duck.
The trademarks Black Duck™, Black Duck Software™, and the logos and other proprietary marks of Black Duck Software, Inc. or its affiliated companies, licensors and partners are trademarks of Black Duck or its affiliated companies, licensors and partners. This Agreement does not grant you any right, title or interest in those marks.
If you download software from the Black Duck Site, the software - including any files, images incorporated in or generated by the software and data accompanying the software - is licensed to you by Black Duck for your personal use. You will be asked to agree to the terms of an end user license agreement before downloading any software from the Black Duck Site. Black Duck does not transfer title to the software that you download to you. You may own the medium on which the software is recorded, but Black Duck retains full and complete title to the software, and all intellectual property rights embodied in it. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the software that you download from the Black Duck Site to any other form whatsoever.
You may not try to gain unauthorized access to any portion of the Black Duck Site, or any other systems or networks connected to it, or to any Black Duck server, or to any of the services offered on or through the Black Duck Site, by circumventing the Black Duck Site's access control measures, either by hacking, password "mining" or any other means.
You may not probe, scan or test the vulnerability of the Black Duck Site or any network connected to the Black Duck Site, nor breach the security or authentication measures on the Black Duck Site or any network connected to the Black Duck Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Black Duck Site, or any other customer of Black Duck, including any Black Duck account other than your own, or exploit the Black Duck Site or any service or information made available or offered by or through the Black Duck Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Black Duck Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Black Duck Site or any transaction being conducted on the Black Duck Site, or with any other person's use of the Black Duck Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Black Duck Site or Black Duck's systems or networks, or any systems or networks connected to the Black Duck Site or to Black Duck.
IV. Limited Linking License for Other Sites and Other Uses
Commercial and other Websites may include a link to Black Duck's Website (www.blackducksoftware.com), so long as any such link satisfies all six (6) of the following requirements:
1. Resolves to Black Duck's homepage at www.blackducksoftware.com.
2. Indicates clearly that the link will lead to the Website of "Black Duck Software, Inc."
3. Does not falsely represent or suggest any relationship between the linking Site and Black Duck (including suggestions of affiliation, endorsement, or sponsorship).
4. Delivers Black Duck's content outside of a framed or in-line linked environment.
5. Maintains the integrity of Black Duck's layout, content, and look and feel.
6. Delivers users to the Black Duck Website, unaltered, unmodified, unadulterated in any way by the linking Site.
This limited license does not allow the framing of Black Duck's content in any way, including but not limited to referencing "Black Duck" as a metatag, that may create confusion among users with respect to sponsorship or affiliation.
V. Disclaimer of Warranties
THE BLACK DUCK Site AND THE MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. BLACK DUCK EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Black Duck will have absolutely no liability in connection with the Black Duck Site and its contents including without limitation, any liability for damage to your computer hardware, data, information or business resulting from the Content, services and information available on the Black Duck Site. Without limiting the generality of the foregoing, Black Duck will have no liability for:
1. Any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling or delivering the Black Duck Site or its Content, services and information;
2. Any errors, omissions or inaccuracies in the Content, services, information on the Black Duck Site regardless of how caused or delays or interruptions in delivery of such Content, services and information; or
3. any decision made or action taken or not taken in reliance upon the Content, services and information on the Black Duck Site.
Black Duck makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Content or that the Content may be relied upon for any reason. Black Duck makes no warranty, representation or guarantee that the Content will be uninterrupted or error free or that any defects can be corrected.
Black Duck reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Black Duck Site, or any portion of the Black Duck Site, for any reason.
VI. Limitation of Liability
Under no circumstances will Black Duck be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Black Duck Site or the services, information or Content contained on it.
Black Duck is not liable under any circumstances - including but not limited to negligence for any special or consequential damages that may result from the use of, or the inability to use, the Black Duck Site or any Content, services or information contained on it, even if Black Duck or a Black Duck authorized representative has been advised of the possibility of such damages.
Black Duck and its affiliates are not liable for damages or injury, including but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of the Black Duck Site or any Content, services or information contained on it, whether resulting, in whole or in part, from breach of contract, tortious behavior, negligence, or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you.
In no event will Black Duck's total liability to you for damages, losses and causes of action - whether in contract, tort (including, but not limited to, negligence) or otherwise-exceed the amount you paid, if any, for accessing the Black Duck Site.
VII. Third Party Websites
Black Duck is in no way responsible for the content of any Site owned by a third party that may be linked to the Black Duck Site via hyperlink, whether such hyperlink is provided by Black Duck or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any Site to which the Black Duck Site may link, including information on the Site regarding the Black Duck Site, and Black Duck takes no responsibility for this. By providing access to other Websites, neither Black Duck nor its affiliates is recommending the purchase or sale of the stock issued by any company, nor is it endorsing products or services offered by any Website's sponsoring organization.
IX. Use of Software
The use of any software available from this website is subject to the terms of Black Duck's Software Use Notice.
X. Jurisdictional Issues and Applicable Law
Unless otherwise specified, Black Duck controls and operates this Site from our offices within The Commonwealth of Massachusetts, United States of America, and the laws of the Commonwealth of Massachusetts govern these terms. If you take legal action relating to these terms, you agree to file such action only in the Superior Court of Middlesex County, Massachusetts, or the United States District Court for the Eastern District of Massachusetts, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
Black Duck does not claim that materials in this Site are appropriate or available for use in locations other than Massachusetts. If you choose to access this Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
Software from this Site is subject to United States export controls. Software from this Site may not be downloaded or otherwise exported or re-exported to certain countries. In particular, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By downloading and using software from the Black Duck Site, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Last Updated 4/19/05
Software Use Notice
Black Duck Reports
Reports created using Black Duck products (“Black Duck Reports”) reflect the user's analysis and decision making. No license is granted to use any Black Duck trademark, including as contained in a Black Duck Report, in any manner that might imply endorsement, verification or certification of the contents of a report. Black Duck cannot confirm and makes no representation or warranty to the user or to any third party regarding the results reflected in Black Duck Reports.
Use of Software
Any software that is made available for download or use from Black Duck’s websites ("Software") is the copyrighted work of Black Duck Software and/or third parties. For some Software, a separate license agreement specifically applicable to the download or use of that Software will be presented for acceptance prior to download or use, and the user will be unable to install or use such Software unless he or she first accepts the terms of the applicable license agreement.
For all other Software, the Software is made available for download solely subject to and in accordance with the following terms:
Copying or reproducing the Software is expressly prohibited. Making the Software available to others for the purpose of reproduction or redistribution is also prohibited.
THE SOFTWARE IS PROVIDED AS-IS. BLACK DUCK MAKES NO WARRANTIES WITH RESPECT TO SOFTWARE AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO WARRANTY IS MADE THAT THE SOFTWARE WILL OPERATE ERROR-FREE OR REGARDING THE RESULTS TO BE ACHIEVED. NO WARRANTY IS MADE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR PRODUCE ACCURATE RESULTS.
THE SOFTWARE IS NOT INTENDED TO PROVIDE LEGAL ADVICE, AND ANY LICENSE ANNOTATIONS OR SIMILAR FEATURES ARE PROVIDED ONLY FOR CONVENIENCE. LICENSE ANNOTATIONS ARE NOT INTENDED TO BE COMPREHENSIVE OR APPLICABLE IN ALL SITUATIONS. BLACK DUCK DOES NOT GUARANTEE THAT THE SOFTWARE WILL IDENTIFY ALL INSTANCES OF OPEN SOURCE OR THIRD PARTY CODE, OR ALL POTENTIAL LICENSE CONFLICTS. FOR LEGAL ADVICE, YOU SHOULD CONSULT WITH YOUR ATTORNEYS.
BLACK DUCK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR INTERRUPTION OF BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS.
Any Software programs which are downloaded or accessed from the site are commercial computer software programs developed exclusively at private expense. Unless otherwise set forth in a License Agreement, use, duplication, and disclosure by civilian agencies of the U.S. Government shall not exceed those minimum rights set forth in FAR 52.227-19 (c). Use, duplication and disclosure by DOD agencies is subject solely to the terms of a standard software License Agreement as stated in DFARS 227.7202. The manufacturer is Black Duck Software, Inc., 8 New England Executive Park, Burlington, MA 01803.
Last updated: 8/29/08
Digital Millennium Copyright Act Notice
Black Duck Software respects the intellectual property of others. Black Duck Software may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others.
If you believe that your work has been copied and is accessible at our website in a way that constitutes copyright infringement, or that our website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.
Our agent for notice of claims of copyright infringement on or regarding this website can be reached as follows:
Matthew H. Jacobs, Esq.
Senior Corporate Counsel
Black Duck Software, Inc.
8 New England Executive Park
Burlington, MA 01803