diff --git a/content/site-policy/github-terms/github-registered-developer-agreement.md b/content/site-policy/github-terms/github-registered-developer-agreement.md index b6e9a3ddc5f7..30673fb45ea8 100644 --- a/content/site-policy/github-terms/github-registered-developer-agreement.md +++ b/content/site-policy/github-terms/github-registered-developer-agreement.md @@ -19,7 +19,7 @@ This Agreement is a legal agreement between you (“you”) and GitHub, Inc. ( 1. **Program Terms** - We post the [Program’s benefits and guidelines](/get-started/exploring-integrations/github-developer-program) (the “Program Overview”). As you might expect, the Program Overview will change from time to time. These changes will apply to you as a participant in the Program, so we encourage you to periodically review the Program Overview to keep apprised of any changes. For a variety of reasons, we might need to change, suspend, or discontinue the Program, or some of the benefits we offer. You agree that we can do those things without liability to you, except as specified in Section 8. + We post the [Program’s benefits and guidelines](/get-started/exploring-integrations/github-developer-program) (the “Program Overview”). As you might expect, the Program Overview will change from time to time. These changes will apply to you as a participant in the Program, so we encourage you to periodically review the Program Overview to keep apprised of any changes. For a variety of reasons, we might need to change, suspend, or discontinue the Program, or some of the benefits we offer. You agree that we can do those things without liability to you, except as specified in Section 9. 1. **API License** @@ -29,6 +29,10 @@ This Agreement is a legal agreement between you (“you”) and GitHub, Inc. ( We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part of it) with or without notice. It’s your sole responsibility to ensure that your use of the API is compatible with the then-current API. Other than the rights we expressly give you in this Agreement or the TOS, We don’t grant you any rights or licenses to our API, or to any other GitHub products or services. +1. **Account Authorization Services** + + As part of the Program, GitHub may offer Account Authorization Services, such as [OAuth 2.0](/apps/oauth-apps/building-oauth-apps/differences-between-github-apps-and-oauth-apps), for the primary purpose of creating applications that can integrate with the GitHub platform. Such Account Authorization Services are not intended to be used as the sole identity provider for your application or service. GitHub reserves the right to suspend access to any application using its Account Authorization Services that: (i) is consuming a disproportionate amount of resources compared to other applications (for example, if your application is inducing users to create multiple or “throw-away” GitHub accounts); (ii) would be in violation of [GitHub’s Acceptable Use Policies](/site-policy/acceptable-use-policies/github-acceptable-use-policies) if the application was hosted on our platform; (iii) facilitates or incentivizes any spammy or inauthentic activity on GitHub (for example, promising rewards for account creation); (iv) presents itself or its login page in a manner that suggests sponsorship, endorsement, or affiliation with GitHub; or (v) misrepresents or obscures what it does (for example, if an application takes any actions, like starring repositories, on behalf of a user without this action being explicitly disclosed). + 1. **Your Products, Services, and Integrations** Your products, services, and integrations (collectively, your “Products”) are your responsibility. That means that you’re solely responsible for developing, operating, and maintaining all aspects of your Products; ensuring that all materials used with or in your Products are legal in all the jurisdictions where your Products are used, and don’t promote illegal activities; obtaining any rights or licenses necessary to use and/or distribute any third-party software that you use, include, integrate, or distribute with your Products; and providing your end user customers with the same high-quality technical support for your Products when they operate in conjunction with our API or any other of our products and services as you do when they operate on their own. @@ -53,21 +57,21 @@ This Agreement is a legal agreement between you (“you”) and GitHub, Inc. ( You understand that unauthorized disclosure or use of our Confidential Information could cause us irreparable harm, and significant injury that may be difficult for us to quantify. Accordingly, you agree that we’ll have the right to seek immediate injunctive relief to make sure you comply with this Agreement, in addition to any other rights and remedies we may have. If you are required by law, regulation or a valid binding order of a court of competent jurisdiction to disclose our Confidential Information, you may do so, but only if you notify us before you do, and do your best to limit such disclosure and to seek confidential, protective treatment of such information. - The obligations in this Section 6 won’t apply to information that you can prove: (i) was generally available to the public before we disclosed it to you; (ii) became generally available to the public after we disclosed it to you, through no action or inaction on your part, or on the part of your employees or contractors; (iii) you knew about before we disclosed it to you; (iv) was disclosed to you by a third-party, who didn’t have any confidentiality obligations with respect to it; (v) you independently developed without breach of any confidentiality obligation to us or any third-party; or (vi) we gave you permission to disclose, in a writing signed by one of our authorized representatives. + The obligations in this Section 7 won’t apply to information that you can prove: (i) was generally available to the public before we disclosed it to you; (ii) became generally available to the public after we disclosed it to you, through no action or inaction on your part, or on the part of your employees or contractors; (iii) you knew about before we disclosed it to you; (iv) was disclosed to you by a third-party, who didn’t have any confidentiality obligations with respect to it; (v) you independently developed without breach of any confidentiality obligation to us or any third-party; or (vi) we gave you permission to disclose, in a writing signed by one of our authorized representatives. If We give you any pre-release software or related documentation or materials, which may include videos or other forms of content (“Pre-release Materials”), then subject to your compliance with the terms and conditions of this Agreement and the TOS, we hereby grant you a nonexclusive, nontransferable, revocable right and license to use the Pre-release Materials solely to support your testing and/or development of products or services that are designed to operate in combination with the systems or programs for which the Pre-release Materials are designed. If the Pre-release Materials are accompanied by a separate license agreement, you agree that the separate license agreement (in addition to any more restrictive provisions contained in this Agreement or the TOS) will apply. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce the Pre-release Materials to a human-perceivable form, and you promise not to modify, network, rent, lease, transmit, sell, or loan the Pre-release Materials, in whole or in part. You understand that we’re under no obligation to provide any Pre-release Materials to you, to provide you with updates, enhancements, or corrections to the Pre-release Materials, or to notify you of changes that we make to our products and services, now or in the future. 1. **Fees and Payment** - There may be fees associated with participating in the Program. We’ll tell you what those fees are in the Program Terms, as we update them from time to time (the “Program Fees”). If you gave us your payment information before, you agree that we can charge the same credit card or PayPal account as part of this Agreement. Otherwise, you’ll need to give us a valid payment account, and other supporting information. Except as otherwise expressly provided in Section 8, any payments you make to us for the Program are non-refundable. You give us permission to automatically charge your payment account on the anniversary of your first payment date to cover all of the coming year’s Program Fees, unless you terminate this Agreement first according to Section 1. All fees are due in U.S. Dollars, and are exclusive of all taxes, levies, or duties imposed by taxing authorities (you’re responsible for all of those, except for taxes based on our income). + There may be fees associated with participating in the Program. We’ll tell you what those fees are in the Program Terms, as we update them from time to time (the “Program Fees”). If you gave us your payment information before, you agree that we can charge the same credit card or PayPal account as part of this Agreement. Otherwise, you’ll need to give us a valid payment account, and other supporting information. Except as otherwise expressly provided in Section 9, any payments you make to us for the Program are non-refundable. You give us permission to automatically charge your payment account on the anniversary of your first payment date to cover all of the coming year’s Program Fees, unless you terminate this Agreement first according to Section 1. All fees are due in U.S. Dollars, and are exclusive of all taxes, levies, or duties imposed by taxing authorities (you’re responsible for all of those, except for taxes based on our income). 1. **Term and Termination** - This Agreement begins on the date you click “Agree”, and continues for a period of one (1) year. This Agreement will automatically renew for successive one-year terms unless either party gives written notice at least thirty (30) days before the current term expires that it wants to terminate, or one of us terminates it earlier in accordance with this Section 8. + This Agreement begins on the date you click “Agree”, and continues for a period of one (1) year. This Agreement will automatically renew for successive one-year terms unless either party gives written notice at least thirty (30) days before the current term expires that it wants to terminate, or one of us terminates it earlier in accordance with this Section 9. Either you or GitHub may terminate this Agreement for any reason, without cause, upon thirty (30) days prior written notice to the other. If we terminate this Agreement or discontinue your access to the Program for any reason other than your breach of this Agreement, the Program Terms, or the TOS, we will, as your sole remedy and our sole obligation for such termination, refund you the pro rata portion of the Program Fees you paid us for the current term of this Agreement. This Agreement will terminate immediately, without the requirement of notice, if you breach any term of this Agreement, the Program Terms, or the TOS. - The rights and obligations in Sections 1, 2, 3 (second and third paragraphs), 4, 5 (second and last paragraphs), 6, 7, and 9 through 21 of this Agreement will survive the termination or expiration of this Agreement. Upon termination or expiration of this Agreement all of the rights and licenses we granted you in this Agreement will immediately cease to exist, you will return (or, at our request, destroy) all of our Confidential Information and any copies (including electronic copies) which are in your possession or control, and you will certify in writing that you’ve complied with these requirements. + The rights and obligations in Sections 1, 2, 3 (second and third paragraphs), 4, 5, 6 (second and last paragraphs), 7, 8, and 10 through 22 of this Agreement will survive the termination or expiration of this Agreement. Upon termination or expiration of this Agreement all of the rights and licenses we granted you in this Agreement will immediately cease to exist, you will return (or, at our request, destroy) all of our Confidential Information and any copies (including electronic copies) which are in your possession or control, and you will certify in writing that you’ve complied with these requirements. 1. **Warranties and Disclaimers**