From 50d7642ce51fc6849d62b57e1c624a9983d3d89c Mon Sep 17 00:00:00 2001 From: Tony Jin Date: Mon, 22 May 2017 23:46:30 -0700 Subject: [PATCH] Chore: Update license formatting - Use 78-char line breaks per https://github.com/github/choosealicense.com/issues/74 - Add better formatting for numbered lists --- LICENSE | 608 ++++++++++++++++++++++++++++++++++---------------------- 1 file changed, 365 insertions(+), 243 deletions(-) diff --git a/LICENSE b/LICENSE index cebc61796..40e99a19d 100644 --- a/LICENSE +++ b/LICENSE @@ -1,275 +1,397 @@ -BOX -SOFTWARE LICENSE AGREEMENT -(v.05162017) + BOX + SOFTWARE LICENSE AGREEMENT + (v.05162017) -BOX UI KITS + BOX UI KITS -This “Agreement” forms a legally binding agreement between Box (as defined in Section 14) and you (“Developer”) that -governs Developer's right to access and use this SDK (as defined below). +This “Agreement” forms a legally binding agreement between Box (as defined in +Section 14) and you (“Developer”) that governs Developer's right to access and +use this SDK (as defined below). -DEVELOPER'S RIGHT TO USE THE SDK IS SUBJECT TO DEVELOPER'S ACCEPTANCE OF AND CONTINUING COMPLIANCE WITH THIS AGREEMENT. -Developer accepts this Agreement by either: (a) clicking an option to "accept" or "agree" to this Agreement, where such -option is made available by Box; or (b) by actually using the SDK, in which event Developer hereby agrees that such use -constitutes acceptance of this Agreement from that time onwards. Developer will not use the SDK and will not accept -this Agreement if Developer is barred from using the SDK under the laws of the United States or other countries -including the country in which Developer is a resident or in which Developer access or uses the SDK. If the individual -accepting this Agreement is doing so on behalf of an employer or other entity, such individual represents and warrants -that such individual has full legal authority to bind such employer or other entity to this Agreement; and, if the -individual does not have the requisite authority, the individual may not accept the Agreement or use the SDK on behalf -of such employer or other entity. IF DEVELOPER DOES NOT AGREE TO BE BOUND BY THIS AGREEMENT, DEVELOPER MUST NOT USE THE -SDK AND MAY NOT OFFER OR CREATE APPLICATIONS OR SERVICES THAT INTERACT WITH THE SDK. +DEVELOPER'S RIGHT TO USE THE SDK IS SUBJECT TO DEVELOPER'S ACCEPTANCE OF AND +CONTINUING COMPLIANCE WITH THIS AGREEMENT. Developer accepts this Agreement by +either: (a) clicking an option to "accept" or "agree" to this Agreement, where +such option is made available by Box; or (b) by actually using the SDK, in +which event Developer hereby agrees that such use constitutes acceptance of +this Agreement from that time onwards. Developer will not use the SDK and will +not accept this Agreement if Developer is barred from using the SDK under the +laws of the United States or other countries including the country in which +Developer is a resident or in which Developer access or uses the SDK. If the +individual accepting this Agreement is doing so on behalf of an employer or +other entity, such individual represents and warrants that such individual has +full legal authority to bind such employer or other entity to this Agreement; +and, if the individual does not have the requisite authority, the individual +may not accept the Agreement or use the SDK on behalf of such employer or +other entity. IF DEVELOPER DOES NOT AGREE TO BE BOUND BY THIS AGREEMENT, +DEVELOPER MUST NOT USE THE SDK AND MAY NOT OFFER OR CREATE APPLICATIONS OR +SERVICES THAT INTERACT WITH THE SDK. -This Agreement does not govern use of any Box software or services other than the SDK. See the relevant agreements -accompanying the other Box software or services for their respective governing terms. +This Agreement does not govern use of any Box software or services other than +the SDK. See the relevant agreements accompanying the other Box software or +services for their respective governing terms. -1. General. The “SDK” means the Box software development kit, including any subsequent updates or upgrade made -available to Developer, and any associated documentation, software code, or other materials made available by Box to -assist Developer in developing solution(s) (each a “Developer Application”) that are customizable and responsive web -based UI components, optimized for web and mobile that enable certain features and functionality with respect to Box’s -cloud-based content collaboration service (“Box Service”). This Agreement applies to any SDK provided by Box or that -includes, displays, or links to this Agreement, and to any updates, supplements or support services for this SDK. -Developer may only use this SDK to develop a Developer Application that interoperates with the Box Service and to -certify compatibility of Developer’s Product(s) with the Box Service. +1. General. The “SDK” means the Box software development kit, including any + subsequent updates or upgrade made available to Developer, and any + associated documentation, software code, or other materials made + available by Box to assist Developer in developing solution(s) (each a + “Developer Application”) that are customizable and responsive web based + UI components, optimized for web and mobile that enable certain features + and functionality with respect to Box’s cloud-based content collaboration + service (“Box Service”). This Agreement applies to any SDK provided by + Box or that includes, displays, or links to this Agreement, and to any + updates, supplements or support services for this SDK. Developer may only + use this SDK to develop a Developer Application that interoperates with + the Box Service and to certify compatibility of Developer’s Product(s) + with the Box Service. -Box reserves the right to discontinue offering the SDK (or any updates thereto) or to modify the SDK at any time in its -sole discretion. Free/open source software components distributed in this SDK are licensed to Developer under the terms -of the applicable free/open source license agreements and such free/open source software licenses can be found at -https://cloud.box.com/v/preview-licenses-v1. + Box reserves the right to discontinue offering the SDK (or any updates + thereto) or to modify the SDK at any time in its sole discretion. + Free/open source software components distributed in this SDK are licensed + to Developer under the terms of the applicable free/open source license + agreements and such free/open source software licenses can be found at + https://cloud.box.com/v/preview-licenses-v1. -2. Use Rights & Requirements. - a. Subject to Developer’s compliance with the terms of this Agreement, Developer may: - i. download, install, and use the SDK on its devices solely to design, develop, and test Developer - Application(s); - ii. make a reasonable number of copies of the SDK as necessary to develop Developer Application(s), - provided that Developer reproduces complete copies of the SDK, including without limitation all "read me" files, - copyright notices, and other legal notices and terms; and - iii. use, reproduce, modify, and distribute the sample code included in the SDK only as embedded in a - Developer Application that complies with the technical limitations and the Acceptable Use Policy (set forth in - Exhibit A hereto) (“AUP”). - b. Developer shall ensure the Developer Application displays prominently, and made apparent to each end-user of - the Developer Application, the following notice and disclaimer in full: +2. Use Rights & Requirements. + a. Subject to Developer’s compliance with the terms of this Agreement, + Developer may: + i. download, install, and use the SDK on its devices solely to design, + develop, and test Developer Application(s); + ii. make a reasonable number of copies of the SDK as necessary to + develop Developer Application(s), provided that Developer + reproduces complete copies of the SDK, including without + limitation all "read me" files, copyright notices, and other legal + notices and terms; and + iii. use, reproduce, modify, and distribute the sample code included in + the SDK only as embedded in a Developer Application that complies + with the technical limitations and the Acceptable Use Policy (set + forth in Exhibit A hereto) (“AUP”). + b. Developer shall ensure the Developer Application displays prominently, + and made apparent to each end-user of the Developer Application, the + following notice and disclaimer in full: “Copyright 2017 Box, Inc. All rights reserved. - This product includes software developed by Box, Inc. (“Box”) (http://www.box.com) + This product includes software developed by Box, Inc. (“Box”) + (http://www.box.com) - ALL BOX SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE - IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL - BOX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, - BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS - INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT - (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE - POSSIBILITY OF SUCH DAMAGE. + ALL BOX SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED + WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF + MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. + IN NO EVENT SHALL BOX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, + SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT + LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, + DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY + THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT + (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE + OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. - See the Box license for the specific language governing permissions and limitations under the license.” + See the Box license for the specific language governing permissions + and limitations under the license.” -3. Restrictions. Except as set forth above, Developer may not: - a. distribute, sell, lease, rent, lend, or sublicense the SDK (or any copy or portion thereof); - b. use the SDK to create, design, or develop anything other than Developer Application(s); - c. modify or distribute any portion of the SDK, or distribute any Developer Application, in any way that would - subject any portion of the SDK to an Excluded License. An “Excluded License” is a license that requires, as a - condition of use, modification, or distribution of code subject to that license, that the code be disclosed or - distributed in source code form or that others have the right to modify the code; - d. create or attempt to create a product that mimics or interferes with the communications and commands between - Box’s API services; or - e. use the SDK: (i) to violate the AUP; (ii) to circumvent any technical or licensing restrictions of the Box - Service; or (iii) in violation of any U.S. denied party-list, embargoed country restriction, export law or - regulation. +3. Restrictions. Except as set forth above, Developer may not: + a. distribute, sell, lease, rent, lend, or sublicense the SDK (or any copy + or portion thereof); + b. use the SDK to create, design, or develop anything other than Developer + Application(s); + c. modify or distribute any portion of the SDK, or distribute any + Developer Application, in any way that would subject any portion of the + SDK to an Excluded License. An “Excluded License” is a license that + requires, as a condition of use, modification, or distribution of code + subject to that license, that the code be disclosed or distributed in + source code form or that others have the right to modify the code; + d. create or attempt to create a product that mimics or interferes with + the communications and commands between Box’s API services; or + e. use the SDK: (i) to violate the AUP; (ii) to circumvent any technical + or licensing restrictions of the Box Service; or (iii) in violation of + any U.S. denied party-list, embargoed country restriction, export law + or regulation. -4. Contributions. Developer Contributions (as defined in the “Contributor License Agreement” (CLA)), made by the -Developer pursuant to the rights granted or permitted under this Agreement, are subject to the following: - a. Developer shall comply with the Contribution policy set forth here: - https://github.com/box/box-content-preview/blob/master/CONTRIBUTING.md; and - b. For each Contribution, Developer shall agree to the Box “Contributor License Agreement” (or “CLA”) located here: - https://developer.box.com/docs/ui-kits-contribution-license. +4. Contributions. Developer Contributions (as defined in the “Contributor + License Agreement” (CLA)), made by the Developer pursuant to the rights + granted or permitted under this Agreement, are subject to the following: + a. Developer shall comply with the Contribution policy set forth here: + https://github.com/box/box-content-preview/blob/master/CONTRIBUTING.md; + and + b. For each Contribution, Developer shall agree to the Box “Contributor + License Agreement” (or “CLA”) located here: + https://developer.box.com/docs/ui-kits-contribution-license. -5. Feedback. Developer may, from time to time, provide feedback to Box concerning the functionality and performance -of the SDK or Box Service including, without limitation, identifying potential errors and improvements (“Feedback”). In -such event, Box may freely use and exploit any such Feedback without any obligation to Developer, unless otherwise -agreed upon in writing. Developer hereby assigns to Box any proprietary right that Developer may have in or to any -modification, enhancement, improvement or change in or to the Box Service based upon any Feedback from Developer. +5. Feedback. Developer may, from time to time, provide feedback to Box + concerning the functionality and performance of the SDK or Box Service + including, without limitation, identifying potential errors and + improvements (“Feedback”). In such event, Box may freely use and exploit + any such Feedback without any obligation to Developer, unless otherwise + agreed upon in writing. Developer hereby assigns to Box any proprietary + right that Developer may have in or to any modification, enhancement, + improvement or change in or to the Box Service based upon any Feedback from + Developer. -6. Box Independent Development. Nothing in this Agreement will impair Box's right to develop, acquire, license, -market, promote or distribute products, software or technologies that perform the same or similar functions as, or -otherwise compete with, any Developer Application or other products, software or technologies that Developer may -develop, produce, market, or distribute. +6. Box Independent Development. Nothing in this Agreement will impair Box's + right to develop, acquire, license, market, promote or distribute products, + software or technologies that perform the same or similar functions as, or + otherwise compete with, any Developer Application or other products, + software or technologies that Developer may develop, produce, market, or + distribute. -7. Support. Box does not provide technical or other support for the SDK under this Agreement. +7. Support. Box does not provide technical or other support for the SDK under + this Agreement. -8. Termination. This Agreement becomes effective on the date Developer first uses the SDK and will continue as long as -Developer is in compliance with the terms specified herein or until otherwise terminated. Either party may terminate -this Agreement upon thirty days written notice if the other party is in material breach of any term of this Agreement. -Developer agrees, upon termination, to immediately destroy all copies of the SDK within the Developer’s possession or -control. The following Sections survive any termination of this Agreement: Sections 4, 5, 9, 11, 12, 13, 15, 16 and 17. +8. Termination. This Agreement becomes effective on the date Developer first + uses the SDK and will continue as long as Developer is in compliance with + the terms specified herein or until otherwise terminated. Either party may + terminate this Agreement upon thirty days written notice if the other party + is in material breach of any term of this Agreement. Developer agrees, upon + termination, to immediately destroy all copies of the SDK within the + Developer’s possession or control. The following Sections survive any + termination of this Agreement: Sections 4, 5, 9, 11, 12, 13, 15, 16 and 17. -9. Ownership. The SDK is licensed, not sold. Box reserves all other rights not granted herein. The parties acknowledge -that, as between the parties: - a. Box or its licensors retain complete ownership of all Intellectual Property Rights in and to the SDK; and - b. Developer or its licensors retain complete ownership of all Intellectual Property Rights in the Developer - Application(s) (subject to Box’s underlying ownership of the Intellectual Property Rights in and to the SDK). -Nothing in this Agreement will be construed to transfer or assign any Intellectual Property Rights of either party to -the other. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, -trademark law, and any and all other proprietary rights. +9. Ownership. The SDK is licensed, not sold. Box reserves all other rights not + granted herein. The parties acknowledge that, as between the parties: + a. Box or its licensors retain complete ownership of all Intellectual + Property Rights in and to the SDK; and + b. Developer or its licensors retain complete ownership of all + Intellectual Property Rights in the Developer Application(s) (subject + to Box’s underlying ownership of the Intellectual Property Rights in + and to the SDK). + Nothing in this Agreement will be construed to transfer or assign any + Intellectual Property Rights of either party to the other. "Intellectual + Property Rights" means any and all rights under patent law, copyright law, + trade secret law, trademark law, and any and all other proprietary rights. -10. Data Privacy. Developer agrees that Box may periodically collect, process and store Technical Data. “Technical -Data” means technical data and related information about the Developer Application and Developer’s device, system, -peripherals, account and Developer’s use of the SDK, including without limitation: - a. internet protocol address; - b. hardware identification; - c. operating system; - d. application software; - e. peripheral hardware; - f. number of active plugins and software development kits; - g. the successful installation and launch of SDK; - h. number and type of API calls; and - i. SDK usage statistics (e.g., as implemented by analytics calls in the SDK). +10. Data Privacy. Developer agrees that Box may periodically collect, process + and store Technical Data. “Technical Data” means technical data and + related information about the Developer Application and Developer’s + device, system, peripherals, account and Developer’s use of the SDK, + including without limitation: + a. internet protocol address; + b. hardware identification; + c. operating system; + d. application software; + e. peripheral hardware; + f. number of active plugins and software development kits; + g. the successful installation and launch of SDK; + h. number and type of API calls; and + i. SDK usage statistics (e.g., as implemented by analytics calls in the + SDK). -Box will use Technical Data for internal statistical and analytical purposes to facilitate support, invoicing or online -services, the provisioning of updates, to study usage patterns to improve the SDKs, and the development of the Box -Service. Box may transfer Technical Data to other companies in the Box group from time to time. Developer acknowledges -that correspondence and log files generated in conjunction with a request for support services may contain sensitive, -confidential or personal information. Developer is solely responsible for taking the steps necessary to protect such -data, including obfuscating the logs or otherwise guarding such information prior to sending it to Box. For each -Developer Application, Developer will provide a privacy policy describing information collected by such Developer -Application and Developer's privacy practices. Any privacy policy created by Developer for any Developer Application -will be at least as restrictive as Box's then-current privacy policy ("Box Privacy Policy") found at -https://www.box.com/static/html/privacy.html. Developer will comply and ensure that the Developer Application complies -with the Box Privacy Policy and any privacy policy it creates for a Developer Application. + Box will use Technical Data for internal statistical and analytical + purposes to facilitate support, invoicing or online services, the + provisioning of updates, to study usage patterns to improve the SDKs, and + the development of the Box Service. Box may transfer Technical Data to + other companies in the Box group from time to time. Developer acknowledges + that correspondence and log files generated in conjunction with a request + for support services may contain sensitive, confidential or personal + information. Developer is solely responsible for taking the steps + necessary to protect such data, including obfuscating the logs or + otherwise guarding such information prior to sending it to Box. For each + Developer Application, Developer will provide a privacy policy describing + information collected by such Developer Application and Developer's + privacy practices. Any privacy policy created by Developer for any + Developer Application will be at least as restrictive as Box's + then-current privacy policy ("Box Privacy Policy") found at + https://www.box.com/static/html/privacy.html. Developer will comply and + ensure that the Developer Application complies with the Box Privacy Policy + and any privacy policy it creates for a Developer Application. -11. DISCLAIMER OF WARRANTIES. THE SDK IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT -PERMITTED BY APPLICABLE LAW, BOX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, -STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE -OR FREE OF HARMFUL COMPONENTS, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A -PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING -OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH AN EVENT THE ABOVE -EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY LAW. +11. DISCLAIMER OF WARRANTIES. THE SDK IS PROVIDED “AS IS” WITHOUT ANY + WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, + BOX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, + IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY + WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF + HARMFUL COMPONENTS, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, + SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR + NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF + PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS + DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH AN EVENT THE + ABOVE EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY LAW. -12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOX BE LIABLE FOR ANY -INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR -LOST PROFITS, GOODWILL, USE OR DATA) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, -CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF BOX HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. -IN NO EVENT WILL BOX’S TOTAL AND CUMULATIVE LIABILITY FOR ALL CLAIMS OF ANY NATURE ARISING OUT OF THIS AGREEMENT EXCEED -$50.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT -THIS LIMITATION WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. +12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE + LAW, IN NO EVENT WILL BOX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, + PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, + DAMAGES FOR LOST PROFITS, GOODWILL, USE OR DATA) HOWEVER CAUSED, UNDER ANY + THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, + WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF BOX HAS BEEN ADVISED AS TO THE + POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BOX’S TOTAL AND CUMULATIVE + LIABILITY FOR ALL CLAIMS OF ANY NATURE ARISING OUT OF THIS AGREEMENT + EXCEED $50.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF + INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS + LIMITATION WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. -13. INDEMNIFICATION. DEVELOPER WILL DEFEND, INDEMNIFY AND HOLD BOX, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND -AGENTS HARMLESS, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ALL LIABILITIES, ASSESSMENTS, LOSSES, COSTS OR -DAMAGES RESULTING FROM OR ARISING OUT OF: - a. DEVELOPER'S BREACH OF THIS AGREEMENT; - b. DEVELOPER APPLICATIONS; - c. DEVELOPER'S INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, OTHER RIGHTS OR PRIVACY OF A THIRD PARTY; - AND/OR - d. MISUSE OF ANY OF THE SERVICES BY A THIRD PARTY WHERE SUCH MISUSE WAS MADE AVAILABLE BY DEVELOPER'S FAILURE TO - TAKE REASONABLE MEASURES TO PROTECT DEVELOPER'S USERNAME AND PASSWORD AGAINST MISUSE. -Developer will not settle any claim, and no settlement of a claim will be binding on Box, without Box’s prior written -consent, which will not be unreasonably withheld or delayed. +13. INDEMNIFICATION. DEVELOPER WILL DEFEND, INDEMNIFY AND HOLD BOX, ITS + AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS, FROM AND + AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ALL LIABILITIES, ASSESSMENTS, + LOSSES, COSTS OR DAMAGES RESULTING FROM OR ARISING OUT OF: + a. DEVELOPER'S BREACH OF THIS AGREEMENT; + b. DEVELOPER APPLICATIONS; + c. DEVELOPER'S INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, + OTHER RIGHTS OR PRIVACY OF A THIRD PARTY; AND/OR + d. MISUSE OF ANY OF THE SERVICES BY A THIRD PARTY WHERE SUCH MISUSE WAS + MADE AVAILABLE BY DEVELOPER'S FAILURE TO TAKE REASONABLE MEASURES TO + PROTECT DEVELOPER'S USERNAME AND PASSWORD AGAINST MISUSE. + Developer will not settle any claim, and no settlement of a claim will be + binding on Box, without Box’s prior written consent, which will not be + unreasonably withheld or delayed. -14. Box Entity. The location of Developer will determine the Box entity with which Developer is contracting under this -Agreement and to which Developer should direct notices under this Agreement, as follows: +14. Box Entity. The location of Developer will determine the Box entity with + which Developer is contracting under this Agreement and to which Developer + should direct notices under this Agreement, as follows: -+----------------------+------------------------+-----------------------------------------------------------+ -| Developer Location | Box Contracting Entity | Box Notices Sent to | -+----------------------+------------------------+-----------------------------------------------------------+ -| Within United States | Box, Inc. | LegalOps, Box, Inc. | -| | | 900 Jefferson Avenue | -| | | Redwood City, California, 94063, United States of America | -+----------------------+------------------------+-----------------------------------------------------------+ -| Rest of World | Box.com (UK) Ltd. | LegalOps, Box.com (UK) Ltd | -| | | 64 North Row, 2nd Floor | -| | | London W1K 7LL, United Kingdom | -+----------------------+------------------------+-----------------------------------------------------------+ + +---------------+-------------------+----------------------------------+ + | Developer | Box Contracting | Box Notices Sent to | + | Location | Entity | | + +---------------+-------------------+----------------------------------+ + | Within | Box, Inc. | LegalOps, Box, Inc. | + | United States | | 900 Jefferson Avenue | + | | | Redwood City, California, 94063 | + | | | United States of America | + +---------------+-------------------+----------------------------------+ + | Rest of World | Box.com (UK) Ltd. | LegalOps, Box.com (UK) Ltd | + | | | 64 North Row, 2nd Floor | + | | | London W1K 7LL | + | | | United Kingdom | + +---------------+-------------------+----------------------------------+ -15. Confidentiality. “Confidential Information” means all information disclosed by one Party (“Disclosing Party”) to -the other Party (“Receiving Party”) that is in tangible form and labeled “confidential” or the like, or that reasonably -should be understood to be confidential given the nature of the information and the circumstances of the disclosure. -The following information will be considered Confidential Information whether or not marked or identified as such: - a. non-public materials regarding the SDK or the Box Service; - b. license keys; - c. the terms of this Agreement including all orders and pricing thereto; and - d. Box’s strategic roadmaps, product plans, product designs and architecture, technology and technical information, - security audit reviews, business and marketing plans, and business processes. -Confidential Information will not include information that as shown by the Receiving Party’s records was: - i. already known to Receiving Party at the time of disclosure by the Disclosing Party; - ii. was disclosed to the Receiving Party by a third party who had the right to make such disclosure without - any confidentiality restrictions; - iii. is, or through no fault of the Receiving Party has become, generally available to the public; or - iv. was independently developed by Receiving Party without use of the Disclosing Party’s Confidential - Information. -The Receiving Party will use no less than a reasonable standard of care to safeguard the Confidential Information -received from the Disclosing Party and will only use the Confidential Information of the Disclosing Party to exercise -its rights and perform its obligations under this Agreement. Neither party will disclose Confidential Information in -violation of the terms and conditions of this Agreement, to any third party, without the prior written consent of the -other party. Notwithstanding the foregoing each party may disclose Confidential Information, including the terms and -conditions of this Agreement, without the prior written consent of the other party: - A. as compelled by law provided that to the extent legally permissible the Receiving Party gives the Disclosing - Party prior notice of such compelled disclosure and reasonable assistance, at the Disclosing Party’s expense, - if the Disclosing Party seeks to contest such disclosure; - B. in confidence, to legal counsel, accountants, banks, and financing sources and their advisors; - C. in connection with the enforcement of this Agreement or rights under this Agreement; - D. the terms and conditions of this Agreement in confidence, in connection with an actual or proposed merger, - acquisition, or similar transaction; or - E. to respond to an emergency which Box believes in the good faith requires Box to disclose information to - assist in preventing the death or serious bodily injury of any person. +15. Confidentiality. “Confidential Information” means all information + disclosed by one Party (“Disclosing Party”) to the other Party (“Receiving + Party”) that is in tangible form and labeled “confidential” or the like, + or that reasonably should be understood to be confidential given the + nature of the information and the circumstances of the disclosure. The + following information will be considered Confidential Information whether + or not marked or identified as such: + a. non-public materials regarding the SDK or the Box Service; + b. license keys; + c. the terms of this Agreement including all orders and pricing thereto; + and + d. Box’s strategic roadmaps, product plans, product designs and + architecture, technology and technical information, security audit + reviews, business and marketing plans, and business processes. + Confidential Information will not include information that as shown by the + Receiving Party’s records was: + i. already known to Receiving Party at the time of disclosure by the + Disclosing Party; + ii. was disclosed to the Receiving Party by a third party who had the + right to make such disclosure without any confidentiality + restrictions; + iii. is, or through no fault of the Receiving Party has become, + generally available to the public; or + iv. was independently developed by Receiving Party without use of the + Disclosing Party’s Confidential Information. + The Receiving Party will use no less than a reasonable standard of care to + safeguard the Confidential Information received from the Disclosing Party + and will only use the Confidential Information of the Disclosing Party to + exercise its rights and perform its obligations under this Agreement. + Neither party will disclose Confidential Information in violation of the + terms and conditions of this Agreement, to any third party, without the + prior written consent of the other party. Notwithstanding the foregoing + each party may disclose Confidential Information, including the terms and + conditions of this Agreement, without the prior written consent of the + other party: + A. as compelled by law provided that to the extent legally permissible + the Receiving Party gives the Disclosing Party prior notice of such + compelled disclosure and reasonable assistance, at the Disclosing + Party’s expense, if the Disclosing Party seeks to contest such + disclosure; + B. in confidence, to legal counsel, accountants, banks, and financing + sources and their advisors; + C. in connection with the enforcement of this Agreement or rights + under this Agreement; + D. the terms and conditions of this Agreement in confidence, in + connection with an actual or proposed merger, acquisition, or + similar transaction; or + E. to respond to an emergency which Box believes in the good faith + requires Box to disclose information to assist in preventing the + death or serious bodily injury of any person. -16. Governing Law/Venue. This Agreement will be construed and enforced in all respects in accordance with the laws of -the State of California, U.S.A., without reference to its choice of law rules. The parties specifically exclude from -application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the -Uniform Computer Information Transactions Act. Developer hereby irrevocably and unconditionally consents to the -exclusive jurisdiction and venue in the state and federal courts sitting in Santa Clara County, California. In any -such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the -other party. +16. Governing Law/Venue. This Agreement will be construed and enforced in all + respects in accordance with the laws of the State of California, U.S.A., + without reference to its choice of law rules. The parties specifically + exclude from application to the Agreement the United Nations Convention on + Contracts for the International Sale of Goods and the Uniform Computer + Information Transactions Act. Developer hereby irrevocably and + unconditionally consents to the exclusive jurisdiction and venue in the + state and federal courts sitting in Santa Clara County, California. In + any such dispute, the prevailing party will be entitled to recover its + reasonable attorneys’ fees and expenses from the other party. -17. General. Developer will not, directly, indirectly, by operation of law or otherwise, assign all or any part of this -Agreement or its rights hereunder or delegate performance of any of its duties hereunder without the prior written -consent of Box. This Agreement sets forth the entire understanding of the parties and supersedes any and all prior oral -and written agreements or understandings between the parties regarding the subject matter of this Agreement. Any -modifications of this Agreement must be in writing and signed by both parties hereto. The failure of either party to -insist upon or enforce strict performance of any of the provisions of this Agreement or to exercise any rights or -remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of such party’s right -to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain -in full force and effect. In the event that any provision of this Agreement or the application thereof, becomes or is -declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement -will continue in full force and effect. The parties will promptly replace such void or unenforceable provision with a -valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of -such void or unenforceable provision. The parties are entering into this Agreement as independent contracting parties. -Neither party will have, or hold itself out as having, any right or authority to incur any obligation on behalf of the -other party. This Agreement will not be construed to create an association, joint venture or partnership between the -parties or to impose any partnership liability upon any party. If at any time Developer has any questions about this -Agreement, the Developer Web Site or the Developer Services, Developer should contact Box at -https://developer.box.com/docs#section-developer-support. +17. General. Developer will not, directly, indirectly, by operation of law or + otherwise, assign all or any part of this Agreement or its rights + hereunder or delegate performance of any of its duties hereunder without + the prior written consent of Box. This Agreement sets forth the entire + understanding of the parties and supersedes any and all prior oral and + written agreements or understandings between the parties regarding the + subject matter of this Agreement. Any modifications of this Agreement must + be in writing and signed by both parties hereto. The failure of either + party to insist upon or enforce strict performance of any of the + provisions of this Agreement or to exercise any rights or remedies under + this Agreement will not be construed as a waiver or relinquishment to any + extent of such party’s right to assert or rely upon any such provision, + right or remedy in that or any other instance; rather, the same will + remain in full force and effect. In the event that any provision of this + Agreement or the application thereof, becomes or is declared by a court of + competent jurisdiction to be illegal, void or unenforceable, the remainder + of this Agreement will continue in full force and effect. The parties will + promptly replace such void or unenforceable provision with a valid and + enforceable provision that will achieve, to the extent possible, the + economic, business and other purposes of such void or unenforceable + provision. The parties are entering into this Agreement as independent + contracting parties. Neither party will have, or hold itself out as + having, any right or authority to incur any obligation on behalf of the + other party. This Agreement will not be construed to create an + association, joint venture or partnership between the parties or to impose + any partnership liability upon any party. If at any time Developer has any + questions about this Agreement, the Developer Web Site or the Developer + Services, Developer should contact Box at + https://developer.box.com/docs#section-developer-support. - -Exhibit A -BOX UI KIT ACCEPTABLE USE POLICY + + Exhibit A + BOX UI KIT ACCEPTABLE USE POLICY Acceptable Use Policy. Developer shall not, and shall not use the SDKs to: -a) Do anything illegal, or facilitate, promote or encourage any illegal activities (gambling, etc.), or otherwise -violate applicable law; -b) Invade the privacy of any person; -c) Engage in any activity that interferes with, plagiarizes, copies, or disrupts the Box Service or any Box API; -d) Remove or modify any copyright, trademark or other proprietary rights notice, or any specific element or phrase -attributing part of the technology to Box, on or in the SDKs or on any materials printed or copied off of the SDKs; -e) Interfere with the servers or networks connected to the Box Service or violate any of the procedures, policies or -regulations of networks connected to the Box Service including attempting to gain unauthorized access to the Box -Service, user accounts, computer systems or networks connected to the Box Service through hacking, password mining or -any other means; -f) Use any robot, spider, service search/retrieval application, or other automated device, process or means to -maliciously access, retrieve, scrape, or index the Box Service; -g) Upload or otherwise transmit any material containing software viruses or other computer code, files or programs -designed to interrupt, destroy, or limit the functionality of any software or hardware; -h) Facilitate the transmission or storage of any material depicting or promoting sexually explicit or pornographic -material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age -or that could otherwise give rise to any civil or criminal liability under applicable laws or regulations; -i) Harass, threaten, incite, degrade, intimidate, deceive or mislead anyone; -j) Infringe or violate any rights of Box, or any third party, including any intellectual property rights (e.g., -patents, copyrights, trademarks, trade secrets or other personal or proprietary right), rights of privacy or publicity -which includes not facilitating or engaging in the unauthorized use, distribution, or exploitation of copyrighted -materials or content; -k) Collect, or facilitate the collection of, any information or data of any kind for any unlawful purpose; -l) Intercept, monitor, or modify the communications of others; -m) Disseminate “spam,” "junk mail," "phishing," "chain letters," "pyramid schemes," illegal contests or sweepstakes, -spyware, adware, viruses, worms, Trojan horses, time bombs, or any other type of malware or malicious code; -n) Install software: (i) to perform hidden activities without the end-user’s consent; (ii) that may harm or alter an -end-user’s system; (iii) that is downloaded as a hidden component of other software; or (iv) that is automatically -downloaded in whole or in part without express end-user consent; and -o) Promote or encourage illegal or controlled products or services. + a) Do anything illegal, or facilitate, promote or encourage any illegal + activities (gambling, etc.), or otherwise violate applicable law; + b) Invade the privacy of any person; + c) Engage in any activity that interferes with, plagiarizes, copies, or + disrupts the Box Service or any Box API; + d) Remove or modify any copyright, trademark or other proprietary rights + notice, or any specific element or phrase attributing part of the + technology to Box, on or in the SDKs or on any materials printed or + copied off of the SDKs; + e) Interfere with the servers or networks connected to the Box Service or + violate any of the procedures, policies or regulations of networks + connected to the Box Service including attempting to gain unauthorized + access to the Box Service, user accounts, computer systems or networks + connected to the Box Service through hacking, password mining or any + other means; + f) Use any robot, spider, service search/retrieval application, or other + automated device, process or means to maliciously access, retrieve, + scrape, or index the Box Service; + g) Upload or otherwise transmit any material containing software viruses + or other computer code, files or programs designed to interrupt, + destroy, or limit the functionality of any software or hardware; + h) Facilitate the transmission or storage of any material depicting or + promoting sexually explicit or pornographic material, violence, or + discrimination based on race, sex, religion, nationality, disability, + sexual orientation or age or that could otherwise give rise to any + civil or criminal liability under applicable laws or regulations; + i) Harass, threaten, incite, degrade, intimidate, deceive or mislead + anyone; + j) Infringe or violate any rights of Box, or any third party, including + any intellectual property rights (e.g., patents, copyrights, + trademarks, trade secrets or other personal or proprietary right), + rights of privacy or publicity which includes not facilitating or + engaging in the unauthorized use, distribution, or exploitation of + copyrighted materials or content; + k) Collect, or facilitate the collection of, any information or data of + any kind for any unlawful purpose; + l) Intercept, monitor, or modify the communications of others; + m) Disseminate “spam,” "junk mail," "phishing," "chain letters," "pyramid + schemes," illegal contests or sweepstakes, spyware, adware, viruses, + worms, Trojan horses, time bombs, or any other type of malware or + malicious code; + n) Install software: (i) to perform hidden activities without the + end-user’s consent; (ii) that may harm or alter an end-user’s system; + (iii) that is downloaded as a hidden component of other software; or + (iv) that is automatically downloaded in whole or in part without + express end-user consent; and + o) Promote or encourage illegal or controlled products or services.