PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS.  These Terms of Use apply to your access to, and use of, all or part of any website of JFrog Ltd. or its affiliated companies (“JFrog”, “we”, “our” or “us”), including https://www.jfrogchina.com/ (together with its sub-domains, Content, Marks and services, the “Site”). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms”).  You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.  If you do not agree to be bound by these Terms please do not access or use the Site.

 

1. Background. The Site is intended to provide information about us, our products and services.
2. Modification.  We reserve the right, at our discretion, to change these Terms at any time.  Such change will be effective seven (7) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
3. Ability to Accept Terms.  The Site is only intended for individuals aged thirteen (13) years or older.  If you are under 13 years please do not visit or use the Site. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them.
4. Site Access.  For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided, that you comply with these Terms and applicable law.
5. Restrictions.  You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on using of the Site.  
6. Licensing. If you want to purchase our software, you may acquire a license suitable to your needs from the available licensing options and complete the purchase in the “Buy Now” area. You need to agree to the applicable End User License Agreement or Terms and Conditions (“License Agreement”) which you can access and download from our website (available at and during the purchase procedure). With your consent to the applicable License Agreement, you are making a binding offer to acquire the chosen license.
7. Payment. The payment for a license may be enabled via online payment systems operated by third parties, such as Zuora and PayPal (“Online Payment Services”) which we may utilize for payment processing. The Online Payment Service enables you to make payments securely online using a credit card or bank account. If you choose to proceed Vwith the purchase of a license, you: (i) agree to review and be bound by the applicable Online Payment Services terms of use and privacy policy; and (ii) acknowledge that it may need to hold, or register, an active account with such Online Payment Service in order to complete the order. We are not responsible or liable for any activities or conduct of PayPal or Other Payment Services Provider.
8. Intellectual Property Rights.  

8.1. Content and Marks.  The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content”), and (ii) the trademarks, service marks and logos contained therein (the “Marks”), are the property of JFrog and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “JFrog®”, “Artifactory®”, “Bintray®”,

“JFrog Mission Control®” and the logos of JFrog, and other marks are Marks of JFrog or its affiliates.  All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.  We reserve all rights not expressly granted in and to the Site and the Content.

8.2. Use of Content.  Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.  If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

9. Information Description.  We attempt to be as accurate as possible.  However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.  Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

10. Links.

10.1. The Site may contain links to third party websites that are not owned or controlled by JFrog.  We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites.  We encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.

10.2. JFrog permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with JFrog or present any false information about JFrog and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and (vi) you, and your website, comply with these Terms and applicable law.

11. Privacy.  We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at https://www.jfrogchina.com/artifactory/privacy-policy/. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

12. Warranty Disclaimers.

12.1 THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER .  JFROG HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  JFROG DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT JFROG WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.

12.2 EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, JFROG DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

12.3 Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth above may not apply.  

13. Limitation of Liability.

13.1 TO THE FULLEST EXTENT PERMISSIBLE BY LAW, JFrog SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF JFROG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

13.2 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JFROG FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED $100.  

 

14. Indemnity.  You agree to defend, indemnify and hold harmless JFrog and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, but not limited to, attorney’s fees) arising from your use of, or inability to use, the Site or your violation of these Terms.

15. Term and Termination.  These Terms are effective until terminated by JFrog or you.  JFrog, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause(including, without any limitation, for a breach of these Terms).  JFrog shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.Upon  termination of these Terms, you shall cease all use of the Site.  This Section ‎15 and Sections ‎8 (Intellectual Property Rights), ‎12  (Warranty Disclaimers), ‎13 (Limitation of Liability), ‎14 (Indemnity), and ‎16 (Independent Contractors) to ‎18 (General) shall survive termination of these Terms.

16. Independent Contractors.  You and JFrog are independent contractors.  Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and JFrog. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of JFrog.

17. Assignment.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by JFrog without restriction or notification to you.

18. General.  JFrog reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and JFrog shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel – Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that JFrog may seek injunctive relief in any court of competent jurisdiction.  These Terms shall constitute the entire agreement between you and JFrog concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.