Xray EULA

Last Updated: March 07, 2021
THIS XRAY END USER LICENSE AGREEMENT (“XRAY EULA”) SHALL APPLY TO THE EXTENT YOU, EITHER AS AN INDIVIDUAL, COMPANY OR OTHER LEGAL ENTITY („YOU“) HAVE AN ACTIVE SUBSCRIPTION FOR JFROG’S SELF-HOSTED PRODUCTS, WHICH ALSO INCLUDES JFROG’S XRAY SOFTWARE (AS DEFINED BELOW)(“ACTIVE SUBSCRIPTION). IF YOU WANT TO VERIFY WHETHER YOUR SUBSCRIPTION INCLUDES THE XRAY SOFTWARE, PLEASE REFER TO THE SPECIFICATIONS HERE OR TO YOUR APPLICABLE ORDER FORM OR QUOTE. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS XRAY EULA, THEN DO NOT INSTALL OR USE THE XRAY SOFTWARE. DO NOT INSTALL OR USE THE SOFTWARE UNTIL YOU HAVE CAREFULLY READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS OF THIS XRAY EULA. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.

  1. Definitions.
    1. “Agreement” shall mean JFrog’s Artifactory End User License Agreement, available here or any other agreement signed by You and JFrog which applies to Your use of Artifactory.
    2. “Artifactory” means JFrog software known as Artifactory.
    3. “JFrog” shall mean the legal entity within the JFrog group of companies which is a party to the Agreement.
    4. “Xray Software” includes JFrog’s software known as Xray and its binary code, compilation of data, underlying databases, the Xray Output (as defined below) and/or visual display resulting from the operation of the Xray Software, and any associated materials, systems, specifications and documentation.
  2. General.
    1. Terms not defined herein shall have the same meaning ascribed to them in the Agreement.
    2. THE TERMS OF THIS XRAY EULA SHALL APPLY, MUTATIS MUTANDIS, TO YOUR USE OF THE XRAY SOFTWARE. TO THE EXTENT THAT IN CONNECTION WITH SUCH USE, THE TERMS OF THIS XRAY EULA CONFLICT WITH THE TERMS OF THE AGREEMENT, THE TERMS OF THIS XRAY EULA SHALL GOVERN WITH RESPECT TO THE CONFLICTING MATTER.
  3. License. 
    1. Xray Software. The Xray Software is proprietary software provided to You for the regular and standard purposes for which it was designed for, as further detailed in its documentation. 
    2. License. Subject to the terms of Section 3.3 and your payment in full of the required fees for the Active Subscription, JFrog hereby grants You, and You hereby accept, a limited, non-exclusive, non-sublicensable, non-transferable and fully revocable license to use, during the term of the Active Subscription, the Xray Software solely for Your internal business purposes, in accordance with the Xray Software’s documentation. All other rights in and to the Xray Software are expressly reserved by JFrog.
    3. Application of License. The license granted hereunder to the Xray Software shall be in effect solely for as long as You have an Active Subscription.
    4. Prohibited Uses. In addition to the user restrictions provided in the Agreement (which, for the removal of doubt, also apply to Your use of the Xray Software), You shall not, directly or indirectly (i) copy, distribute, publish, reproduce or make commercial use of the Xray Software, including without limitation any databases or reports or generated by the Xray Software; or (ii) access the underlying databases of the Xray Software.
    5. Lawful Use. You hereby declare and agree that You shall only use the Xray Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Xray Software, including, but not limited to, applicable restrictions concerning the protection of privacy and intellectual property. The Xray Software should be installed in accordance with the instructions of JFrog as set forth in the applicable documentation.
  4. Xray Output. Reports, alerts, results, information, content and/or indications that You obtain through use of the Xray Software are collectively referred to herein as the “Xray Output”. The Xray Output is provided solely for Your internal use. You shall not use the Xray Output and/or any JFrog trademark and/or tradename contained therein in any manner that might imply verification or certification by JFrog of the content of the Xray Output. JFROG WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS INCURRED TO YOU, YOUR ORGANIZATION OR ANY THIRD PARTY AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE XRAY OUTPUT. FOR THE REMOVAL OF ANY DOUBT, THE XRAY OUTPUT SHOULD NOT BE CONSIDERED TO BE LEGAL ADVICE, AND ANY INFORMATION IN THE XRAY OUTPUT IS PROVIDED FOR CONVENIENCE PURPOSES ONLY. JFROG DOES NOT GUARANTEE: (I) THAT THE XRAY OUTPUT IS INCLUSIVE OF ALL INSTANCES, COMPONENTS, LIBRARIES AND DEPENDENCIES OF OPEN SOURCE OR THIRD PARTY SOFTWARE INCLUDED IN YOUR SERVER, OR ALL LICENSES AND VULNERABILITIES THEREUNDER; AND (II) THAT THE ANNOTATION OF SUCH INSTANCES, COMPONENTS, LIBRARIES AND DEPENDENCIES, IS FULL AND ACCURATE.
  5. Support and Maintenance. During the term of the Active Subscription, JFrog will provide You with updates, upgrades and/or enhancements made generally available to its customers from time to time, and product maintenance, in accordance with the specifications of the Active Subscription.
  6. Third Party Components. A list of third-party components used in connection with the Xray Software is available at https://jfrog.com/about-box/.
  7. Term. This Xray EULA is effective during the applicable term of the Active Subscription, unless terminated earlier in accordance with the terms of the Agreement. Upon the expiration of the Active Subscription (and if such Active Subscription is not renewed) or upon the termination of the Agreement, You shall cease to use the Xray Software and shall remove the Xray Software, including its underlying database form Your computers, network and systems.