diff --git a/general/TermsOfService.md b/general/TermsOfService.md index 2bc20e9..e74f528 100644 --- a/general/TermsOfService.md +++ b/general/TermsOfService.md @@ -102,6 +102,10 @@ To the extent that, as part of the Services, Gruntwork processes Personal Data o ### 3.1. Proprietary Rights + + As between the parties, Gruntwork exclusively owns all right, title and interest in and to the Services, System Data and Gruntwork’s Confidential Information. “System Data” means data collected by Gruntwork regarding the Gruntwork Product that may be used to generate logs, statistics or reports regarding the performance, availability, usage, integrity or security of the Services. ### 3.2. License Grant @@ -112,23 +116,23 @@ Your license to our products and services depends on which services you purchase The scope of your license will depend on the products and features you purchase from Gruntwork as set forth in the applicable Order Form. -#### 3.2.1. License to Subscription Products +#### 3.2.1. License to Library Products -The Subscription Products include Gruntwork Pipelines, Gruntwork Patcher, Gruntwork Catalog, Gruntwork Runbooks, support services, and access to KodeKloud and are provided to you as hosted software, self-hosted software, or a pre-built binary. Subject to the terms and conditions of this Agreement, Gruntwork will make the Subscription Products available to you during the term of your applicable Order Form, and hereby grants you a non-exclusive right to access and use the Subscription Products for your business purposes (the “Subscription License”). No other license rights will apply to the Subscription Products. For the avoidance of doubt, the Post-Termination License (set forth in Section 4.4) does not apply to the Subscription License. Unless explicitly stated otherwise in your Order Form, your access and use of the Services are subject to the Subscription License. +The Library Products include Gruntwork Library, which is a collection of infrastructure code created and updated from time to time by Gruntwork, and which is made available via the private git repositories listed at https://www.gruntwork.io/legal/library-repos. Gruntwork hereby grants you a royalty-free, worldwide, non-exclusive, non-transferable (other than as specifically set forth in Section 15 below), non-sublicensable license to use, install, test, execute, perform, and copy the Library Products exclusively for your internal business use, and to create derivative works or otherwise modify the Library Products purely for your internal business purposes (the “Library License”). For the avoidance of doubt, you may not distribute any Library Products to a third-party. Your use of the Library Products is solely for your internal business use only. Additionally, the Library License is granted on a per Authorized User basis, and you must purchase and maintain a valid license for each Authorized User who accesses the Library Products. The Library License is only granted to you if your applicable Order Form explicitly includes reference to a Library Product. -#### 3.2.2 License to Library Products +#### 3.2.2. License to Subscription Products -The Library Products include Gruntwork Library, which is a collection of infrastructure code created and updated from time to time by Gruntwork, and which is made available via the private git repositories listed at https://www.gruntwork.io/legal/library-repos. Gruntwork hereby grants you a royalty-free, worldwide, non-exclusive, non-transferable (other than as specifically set forth in Section 15 below), non-sublicensable license to use, install, test, execute, perform, and copy the Library Products exclusively for your internal business use, and to create derivative works or otherwise modify the Library Products purely for your internal business purposes (the “Library License”). For the avoidance of doubt, you may not distribute any Library Products to a third-party. Your use of the Library Products is solely for your internal business use only. Additionally, the Library License is granted on a per Authorized User basis, and you must purchase and maintain a valid license for each Authorized User who accesses the Library Products. The Library License is only granted to you if your applicable Order Form explicitly includes reference to a Library Product. +The Subscription Products include Gruntwork Pipelines, Gruntwork Patcher, Gruntwork Catalog, Gruntwork Runbooks, support services, and access to KodeKloud and are provided to you as hosted software, self-hosted software, or a pre-built binary. Subject to the terms and conditions of this Agreement, Gruntwork will make the Subscription Products available to you during the term of your applicable Order Form, and hereby grants you a non-exclusive right to access and use the Subscription Products for your business purposes (the “Subscription License”). No other license rights will apply to the Subscription Products. For the avoidance of doubt, the Post-Termination License (set forth in Section 4.4) does not apply to the Subscription License. Unless explicitly stated otherwise in your Order Form, your access and use of the Services are subject to the Subscription License. -### 3.4. Professional Services +### 3.3. Professional Services You acknowledge that from time to time Gruntwork may utilize third-party software, such as publicly-distributed software (e.g., third-party software commonly known as “free software” or “open source software” subject to one or more third-party license agreements), or other third-party documentation and information in connection with providing the Library Products. Gruntwork may incorporate such third-party software into the Library Products or make use of such third-party software in the Library Products. If the third-party software uses a GPL, LGPL, or MPL license, Gruntwork will ensure the use of that third-party software in the Library Products does not trigger GPL, LGPL, or MPL obligations commonly referred to as “viral” obligations. Gruntwork will at all times use such third-party software only in accordance with Gruntwork’s Open Source Usage Policy located at https://gruntwork.io/open-source-policy, which may be updated from time to time but at all times will meet industry standards. -### 3.8. Your Use of Open Source Software +### 3.7. Your Use of Open Source Software -If, at any time, all or any portion of the Agreement or your Services are terminated (other than by Gruntwork for cause), the Library License will remain in effect for all of your forks of the Library Products source code repositories as of the termination date. Gruntwork recommends that, prior to the termination date, you fork any Gruntwork source code repositories and update your infrastructure code to remove all references to any private Gruntwork source code repositories. Notwithstanding the foregoing, the Library License set forth in this Section 4.4 is only valid to Customers who have purchased (and paid for) at least one consecutive year of the applicable Library Products from Gruntwork . +If, at any time, all or any portion of the Agreement or your Services are terminated (other than by Gruntwork for cause), the Library License will remain in effect for all of your forks of the Library Products source code repositories as of the termination date. Gruntwork recommends that, prior to the termination date, you fork any Gruntwork source code repositories and update your infrastructure code to remove all references to any private Gruntwork source code repositories. + +Notwithstanding the foregoing, the Library License set forth in this Section 4.4 is only valid to Customers who have purchased (and paid for) a perpetual usage right to the Library Products from Gruntwork, or to customers who purchased Gruntwork on or before May 2, 2024. ## 5. Compensation and Invoicing