Black Duck Terms of Use

Version 2024.1

This Term of Use Policy (this “TOU”) sets out the rules governing the use of Black Duck’s Licensed Product (“Licensed Product”) and web services available via Black Duck’s applicable web site for such Licensed Product and/or web service offering (“Black Duck Site”) or any results of analysis on the Code performed in connection with the Service (“Results”) (collectively, the “Service”) and any source or byte code and related information that you may submit to the Service (collectively, the “Code”).  By using the Service, you agree to the rules set out in this Policy.  This TOU is automatically incorporated by reference into the relevant Agreement between you and Black Duck governing your use of the Service or Black Duck Licensed Product you are licensed to use (the “Agreement”).  Capitalized terms not defined in this TOU have the meanings given to them in the Agreement.

1. Acceptable Use.  You may not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service, or any of the areas of, or services on, the Service.  You may not use the Service (a) in any way that is unlawful, illegal, fraudulent or harmful; or (b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.  Additionally, you promise that you will not and will not encourage or assist any third party to:

(a)   modify, alter, tamper with, repair or otherwise create derivative works of any Licensed Product or the Service;

(b)   reverse engineer, disassemble or decompile the Licensed Product or the software used to provide or access the Service, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;

(c)    use the Service in any manner or for any purpose other than as expressly permitted by the Agreement or this TOU, the Privacy Policy, or any other policy, instruction or terms applicable to the Service (“Policies”);

(d)   sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Service to any third party;

(e)   remove, obscure or alter any proprietary rights notice pertaining to the Service;

(f)    use the Service to: (i) store or transmit inappropriate content, such as content that violates the intellectual property rights or rights to the publicity or privacy of others; (ii) store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (iii) otherwise violate the legal rights of a third party;

(g)   interfere with or disrupt servers or networks used by Black Duck to provide the Service or used by other users’ to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any Licensed Product or the Service;

(h)   access or attempt to access Black Duck’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;

(i)    cause, in Black Duck’s sole discretion, inordinate burden on the Service or Black Duck’s system resources or capacity; or

(j)    share passwords or other access information or devices or otherwise authorize any third party to access or use the Licensed Product or the Service.

Black Duck reserves the right, in its sole discretion, to deactivate, change and/or require you to change your user ID that you may obtain through the Service for any reason or for no reason.  Black Duck may exercise such right at any time, with or without prior notice.  We will make all judgments concerning the applicability of this TOU in our sole and exclusive discretion.  We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint.  We will not assume or have any liability for any action or inaction with respect to any Code.

1. USE OF THE SERVICE.  You represent and warrant that: (a) you have all the rights in the Code necessary for you to use the Service and to grant the rights in this Section; and, (b) the storage, use or transmission of the Code doesn’t violate any law or this TOU.  Except for Licensed Product that we license to you, the Service, and the Results, we do not claim ownership of any Code that is transmitted, stored, or processed in your account(s).  You will: (a) be solely responsible for the nature, quality and accuracy of the Code; (b) ensure that the Code (including the storage or transmission thereof) complies with the Agreement, this TOU, and any and all applicable laws and regulations; (c) promptly handle and resolve any notices and claims relating to the Code, including any notices sent to you by any person claiming that any Code violates any person’s rights and any other notices; and (d) maintain appropriate security, protection and backup copies of the Code.  Black Duck will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or backup any Code.
2. REPORT ABUSE.  If you become aware of any material on the Service that contravenes this TOU, please notify Black Duck by email / using the abuse reporting system on the Service.  You must immediately notify Black Duck in writing of any unauthorized use of any account, Licensed Product, Service or Results that comes to your attention.  In the event of any such unauthorized use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use.  You will provide Black Duck with such cooperation and assistance related to any such unauthorized use as Black Duck may reasonably request.
3. CHANGES.  We reserve the right to revise this TOU from time to time.  We will date and post the most current version of this TOU on the Black Duck Site.  Any changes will be effective upon posting the revised version of this TOU (or such later effective date as may be indicated at the top of the revised TOU).  If in our sole discretion we deem a revision to this TOU to be material, we may notify you via the Service and/or by email to the email address associated with your account.  Notice of other changes may be provided via the Black Duck Site. Check the date of this TOU whenever you visit the Black Duck Site to see if these Terms have been updated.  Your continued access or use of any portion of the Service constitutes your acceptance of such changes.  If you don’t agree to any of the changes, we’re not obligated to keep providing the Service, and you must cancel and stop using the Service.
4. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.  By registering for the Service, you understand that we may send you communications or data regarding the Service, including but not limited to (a) notices about your use of the Service, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding our products and services, via electronic mail.  We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
5. CODE STORED IN THE UNITED STATES.  The Service is provided from the United States. By using and accessing the Service, you understand and consent to the storage and processing of the Code and any personal information related to your use of the Service in the United States.  Black Duck reserves the right to store and process personal information outside of the United States, and will use commercially reasonable efforts to provide you with at least 30 days notice of any such changes in the processing location.
6. SUSPENSION AND TERMINATION OF YOUR USE OF THE SERVICE.  We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind.  For example, we may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of the Agreement or this TOU; (b) the use of the  in a manner that may cause Black Duck to have legal liability or disrupt others’ use of the Service; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned technical problems and outages.  If, in Black Duck’s determination, the suspension might be indefinite and/or Black Duck has elected to terminate your access to the Service, Black Duck will use commercially reasonable efforts to notify you through the Service.  You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Code that is stored with the Service.
7. UPDATES TO THE SERVICE.  Black Duck reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
8. PRIVACY.  In order to operate and provide the Service, we collect certain information about you. As part of the Service, we may also automatically upload information about your computer or device, your use of the Service, and Service performance. We use and protect that information as described in the privacy policy located here (“Privacy Policy”). You further acknowledge and agree that we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Black Duck or our customers, including the enforcement of our agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Black Duck employees, customers, or the public.We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these Terms. The technology or other means we use may hinder or break your use of the Service.
9. INTELLECTUAL PROPERTY NOTICES.  All contents of the Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © 2014 Black Duck, Inc., and/or the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved.  Black Duck and the Black Duck Checkbox logo are including without limitation, either trademarks or registered trademarks of Black Duck, Inc., and may not be copied, imitated, or used, in whole or in part, without Black Duck’s prior written permission or that of our suppliers or licensors.