JFrog Cloud – Additional Terms

Last Updated: August 16, 2020

These Additional Terms set forth additional terms and conditions related to Your use of certain Eligible Features, to the extent such are included in Your Subscription Level. In the event of any inconsistency between these Additional Terms and the JFrog Cloud General Terms (the “Agreement”), the applicable Additional Terms will take precedence, but solely with respect to the specific Eligible Feature. Capitalized terms not defined in these Additional Terms shall have the meanings set forth in JFrog Cloud General Terms.

ADDITIONAL LICENSING RIGHTS

1. Solely in connection with an Enterprise and Enterprise+ Subscription Levels, the following additional rights and obligations shall apply at Your discretion to allow access to third parties to the Service; (i) You will be granted a limited, revocable right, solely during the Subscription Term, to grant third parties with limited download access to Your Instance(s), for the sole purpose of allowing the download of Your Artifacts (as defined below) (the “Additional Licensing Rights”); to remove any doubt, the Additional Licensing Rights hereby expressly preclude granting permission to third parties to upload any information and/or artifacts to the Service. “Your Artifacts » is defined as artifacts provided directly by You to a third party in direct connection with the software or services rendered by You.
2. The Additional Licensing Rights shall be subject to the following additional restrictions and limitations (i) You hereby represent and warrant that you shall not, and you shall contractually prevent third parties from, copy and/or cache artifacts or other information derived from the Service for the purpose of re-serving such artifacts by You or third parties to third parties. A breach of this restriction shall be deemed a material breach of these Additional Terms; (ii)  You hereby represent and warrant that there is no third party beneficiary in connection with the Service, including but not limited to, any rights to support, downtime compensation, representations or warranties; (iii) You hereby acknowledge that the Fees set forth in the applicable Order Form shall be calculated to include all downloads by third parties (including incomplete downloads). 

SELF-HOSTED ARTIFACTORY EDGE 

1. Solely in connection with an Enterprise+ Subscription Levels and to the extent applicable under an Order Form, to fully utilize the functionality of the Service and the underlying Software, You will also be granted with, solely during the relevant Subscription Term, a limited, revocable, nontransferable, non-sublicensable, nonexclusive license to download, install and make internal use of a self-hosted instance of JFrog Artifactory Edge (the “Self-Hosted Artifactory Edge” and “Self-Hosted Artifactory Edge License”, respectively) solely in connection with the development of Your proprietary software. A Self-Hosted Artifactory Edge License allows You to install such number of Instances of Self-Hosted Artifactory Edge as set forth in the Order Form on a computer or network owned, controlled or managed by You. The term Self-Hosted Artifactory Edge License includes all applicable software and its binary code, compilation of data, or visual display resulting from the operation of Self-Hosted Artifactory Edge, and any associated materials, specifications and documentation. 
2. You hereby represent that You have been advised that a Self-Hosted Artifactory Edge is required to be updated prior to the lapse of eighteen (18) months after the version installed by You was initially released. 
3. We represent and warrant that any software or code provided by Us as part of the Self-Hosted Artifactory Edge shall not intentionally or knowingly contain any code, programs or mechanisms that disrupt, modify, delete, harm or otherwise impede the operation of Your systems.
4. Other than the rights expressly set forth herein, no other right or interest whatsoever in or relating to the JFrog Artifactory Edge is transferred or granted to You. For the removal of doubt, unless explicitly stated otherwise, the term Service shall include the Self-Hosted Artifactory Edge License, and the terms herein shall apply, mutatis mutandis, to Self-Hosted Artifactory Edge, provided that any Additional Licensing Rights (as defined in the Additional Terms) shall not apply to the Self-Hosted Artifactory Edge.