JFrog Open Source Sponsored Projects

These terms (« Terms ») are a legal agreement between you and JFrog Ltd., on behalf of itself and its affiliates (collectively, the « Company », « JFrog », « we », « us » or « our »). These Terms govern your participation in our Open Source Program (the « Program »). You are expressly accepting and agreeing to be bound by these Terms.

1. What is the Program?

The Program is a JFrog initiative aimed at strengthening the use of open source software. The Program is intended to support developers who seek to expand their distribution channels through JFrog’s well-renowned global platform. In particular, the Program encourages you to develop open source projects (« Submission(s) »). Participants who are accepted to the Program may be granted access to certain services, as further detailed in Section 4 below. For more information on the Program and/or on Submission please visit (www.jfrog.com/open-source) or contact JFrog at (dev-advocacy@jfrog.com)

2. How to Sign up?

Applying for participation in the Program is free of charge and is done through JFrog’s webpage (www.jfrog.com/open- source) (the « Site »). Once signed in, you will be asked to upload your Submissions to the Site. The Submissions will be reviewed by JFrog’s professional team. JFrog will have the sole professional discretion to either accept or reject your participation in the Program. You will receive a notice of acceptance or rejection up to thirty (30) days pursuant to uploading your Submissions to the Site.

3. Your Warranties

You warrant that: (a) you have the legal capacity to enter into these Terms and perform your duties hereunder; (b) you will only upload your Submissions to the Site, in accordance with these Terms and JFrog’s instructions; (c) the Submissions, as well as their use by you or by JFrog, do not and will not infringe third party rights (including without limitation, intellectual property rights); and (d) you will not introduce any virus, bug, malware or any other harmful component into the Submissions or our Site.

4. Accepted Participants

If you are accepted by JFrog to the Program, you may be granted the following services:

• A temporary and revocable right to use JFrog’s “Artifactory SaaS” platform (« Artifactory »), subject to the terms of the Artifactory license attached hereto as Exhibit A.
• A temporary and revocable right to store up to a specified amount of data on the Google Cloud Platform, subject to JFrog’s sole and absolute discretion. Once acceptance has been granted all developers of accepted projects will be notified by JFrog of data storage limitations, which may be updated from time to time at JFrog’s sole discretion.

5. Term

The term during which you may apply for the Program is specified on the Site. JFrog may terminate or cancel your rights under these Terms, for convenience, at any time and for any reason.

6. Changes to these Terms

Changes may be made to these Terms from time to time without notice. If we make any material changes to these Terms, we will notify you by email or by posting a notice on our Site. These changes will come into effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is earlier. Otherwise, all changes are effective as of the date indicated at the top of this page (« Last Updated ») and your continued activities will be considered acceptance to our updated terms. If these Terms must be amended in order to comply with any legal requirements, the amendments may take effect immediately or as required by the law and without any prior notice.

7. Disclaimer

THE PROGRAM IS PROVIDED ON AN « AS IS » BASIS WITHOUT WARRANTIES OF ANY KIND. ANY ACTIONS TAKEN BY YOU IN CONNECTION WITH THESE TERMS, AS WELL AS THEIR OUTCOMES, ARE AT YOUR SOLE RISK AND EXPENSE.

8. Limitations of liability

IN NO EVENT SHALL JFROG BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER OR NOT JFROG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, JFROG’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM SHALL BE LIMITED TO ONE HUNDRED (100) US DOLLARS.

9. No Partnership or Joint Venture

These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. You shall have no authority, whether express or implied, to make any representations or warranties on behalf of JFrog and to assume or create any obligation on behalf of JFrog. However, JFrog may reasonably use your trademarks or trade names in connection herewith, including on its website and promotional material.

10. Miscellaneous

(a) These Terms, including the applicable terms specified in Section 4 above constitute the entire terms and conditions between you and JFrog relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and JFrog; (b) any claim relating to these Terms will be governed by and interpreted in accordance with the laws of the State of California, without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied; (c) any dispute arising out of or related to these Terms will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of San Francisco or Santa Clara County, California; and (d) you may not assign or transfer your rights or obligations hereunder without our prior written consent and any attempt to do so in violation of the foregoing shall be void. The Company may assign or transfer its rights and/or obligations under these Terms without restriction or notification.