4. Intellectual Property
4.1. As between you and us, all rights, title and interest in and to the Site, including its copyrights, trademarks, trade names, marks (collectively “Marks”), content and other intellectual property rights (registered or not), and any goodwill associated therewith, are owned by JFrog or are licensed to it. Unless expressly permitted herein, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use any of JFrog’s content in any way except for your own personal, non-commercial use.
4.2. The foregoing rights and all associated limitations and restrictions apply to any of the materials and content on the Site including, for example, images, videos and text, whether directly on a page of the Site or a third party site, or contained in a document (e.g. a pdf) accessible from a page of the Site) (“Materials”). You may not use any of the Materials in anyway other than as provided herein.
4.3. For the removal of any doubt, we do not represent that information contained on or available via the Site is accurate or complete and accordingly it should not be relied on as such. You should not rely on any such information.
4.4. If you wish to use any of JFrog’s Marks, kindly refer to our brand guidelines which are available at: https://www.jfrog.com/brand-guidelines/. If you wish to use Mark of any other third party, kindly refer to such party’s applicable website.
4.5. If you believe that the content of this site including any Marks or Materials has been copied or used in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
5. Compliance with Law Your use of this website is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage the Site is a violation of criminal and civil laws. When using the Site, you agree to refrain from, either directly or indirectly (a) breaching these TOU or any other applicable rules and instructions related to your use of the Site from time to time; (b) interfering with or disrupting the functionality of the Site; (c) You may not engage in any activity on this Site that restricts or inhibits any other user from using or enjoying this website by "hacking", "cracking", "spoofing", or defacing any portions of this Site. JFrog reserves the right to seek damages from any person to the fullest extent permitted by law.
7. Availability The Site’s availability and functionality depends on various factors, such as communication networks. The Company does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free. The Company explicitly states, and you hereby acknowledge, that no representation or guaranty is given with regards to the availability of the Site and/or any Material available therein.
8. Disclaimer of Warranty TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT THEREIN, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND JFROG DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE (INCLUDING WITHOUT LIMITATION THE CONTENT AVAILABLE THEREIN) WILL BE FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS. THE COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE SITE AND/OR ANY AND ALL CONTENT AND INFORMATION PROVIDED THROUGH THE SITE FOR A CERTAIN PURPOSE OR ANY PURPOSE AT ALL. YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, SUBJECT TO LIMITATIONS SET BY APPLICABLE LAW.
9. Limitation of Liability
9.1. TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL JFROG, INCLUDING JFROG’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION AND/OR DEFAMATORY) RESULTING FROM OR ARISING OUT OF THE SITE (INCLUDING WITHOUT LIMITATION THE CONTENT AVAILABLE THEREIN), OR THE USE OR INABILITY TO USE THE SITE. AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF JFROG TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF JFROG BY ANY OTHER CAUSE WHATSOEVER; OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON THE SITE, BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY OR JFROG’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, JFROG’S AND JFROG’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT AVAILABLE THEREIN SHALL BE LIMITED TO $US20.00.
10. Indemnification You will defend, indemnify and hold harmless us, our affiliates and our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these TOU.
11. Governing Law, Jurisdiction This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles and without regard to the United Nations Convention on Contracts for the International Sale of Good. Any legal action or proceeding relating to this Agreement shall be instituted in any state or federal court in San Francisco or Santa Clara County, California. The Parties agree to submit to the jurisdiction of, and agree that venue is proper in, the aforesaid courts in any such legal action or proceeding. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.