This agreement (the “Agreement”) is a legally binding agreement between you and Diffblue regarding your use of the free tool provided by Diffblue (the “Product”). By accessing or using the Product, you agree to be bound by the terms and conditions of this Agreement. If you do not agree, you are not authorised to use the Product.
“Diffblue” means Diffblue Limited, a company registered in England and Wales number 09958102, with its registered office at Ramsey House, 10 St. Ebbes Street, Oxford, OX1 1PT, UK.
“IPR” means patents, rights to inventions, copyright and related rights, trademarks, service marks, trade names, domain names, goodwill, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information and any other intellectual property rights, including without limitation all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
“Your Content” means the content of your public code repository which you request the Product to scan.
2.1 The Product can identify vulnerabilities in Your Content and can also suggest a pull request in GitHub or GitLab to fix the problem. The Product is provided free of charge and may be modified or withdrawn by Diffblue at any time without notice. No technical support is provided for the Product.
2.2 You may only use the Product if you are at least the age of majority or are acting with the consent and supervision of a parent or guardian.
3.1 Ownership. The Product, and all IPR therein, are and shall remain the exclusive property of Diffblue (and its suppliers, licensors and contributors, if any). Except for the rights expressly granted under this Agreement, (i) Diffblue (and its suppliers, licensors and contributors) reserves all right, title and interest in and to the Product and all IPR therein, and (ii) no right, title, interest or licence in or to the Diffblue Product or any other IPR, whether by implication, inducement, estoppel or otherwise, is granted, assigned or transferred to you.
3.2 Suggestions. If you provide Diffblue with suggestions or other input relating to the Product, you (i) grant Diffblue an irrevocable, perpetual, royalty-free, sub-licensable and transferable licence to use such suggestions and input for any purpose, and (ii) warrant that Diffblue’s use of such suggestions and input does not infringe the IPR of any third party.
4. Your Content
4.1 Licence. You grant Diffblue a worldwide, royalty-free, transferable licence to use Your Content for the purpose of (i) providing the Product to you; and (ii) running tests on Your Content to improve the Product and Diffblue’s other products.
4.2 Suitability. You acknowledge and agree that Diffblue is not responsible for Your Content. Your Content must not (i) breach any contract, law or regulation; (ii) be fraudulent, defamatory, violent, obscene, offensive, threatening, or likely to cause anxiety to any person; (iii) discriminate by race, sex, religion, nationality, disability, sexual orientation or age; or (iv) infringe the Intellectual Property Rights of any person. You agree to indemnify and hold Diffblue harmless from any claim or action relating to Your Content.
4.3 Contributions. If the Product submits a pull request to Your Content, you acknowledge and agree that the content of such pull request is contributed under the terms and conditions of the MIT license: https://opensource.org/licenses/MIT.
5.1 DIFFBLUE IS ONLY RESPONSIBLE FOR LOSS OR DAMAGE THAT YOU SUFFER THAT IS A FORESEEABLE RESULT OF BREACH OF THIS AGREEMENT OR DIFFBLUE’S NEGLIGENCE. YOU OTHERWISE USE THE PRODUCT AT YOUR OWN RISK.
5.2 THE PRODUCT IS PROVIDED FREE OF CHARGE. ACCORDINGLY, EXCEPT FOR DEATH, PERSONAL INJURY, FRAUD OR OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, IN NO EVENT SHALL: (I) DIFFBLUE’S AGGREGATE LIABILITY UNDER OR IN RELATION TO THIS AGREEMENT EXCEED £100; OR (II) DIFFBLUE BE LIABLE FOR ANY LOSS OF PROFITS OR SAVINGS, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR LOSS; HOWSOEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE.
5.3 DIFFBLUE (AND ITS SUPPLIERS, LICENSORS AND CONTRIBUTORS) MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR UNDERTAKINGS OF ANY KIND (WHETHER EXPRESS, IMPLIED OR STATUTORY) AND EXPRESSLY DISCLAIMS THEM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. DIFFBLUE DOES NOT WARRANT THAT THE DIFFBLUE PRODUCT WILL BE PROVIDED ERROR FREE, WILL MEET YOUR REQUIREMENTS, WILL OPERATE WITHOUT INTERRUPTION, WILL IDENTIFY ALL UNIT TESTS, OR WILL IDENTIFY OR FIX ALL VULNERABILITIES. TO THE EXTENT THAT DIFFBLUE CANNOT DISCLAIM ANY SUCH WARRANTY UNDER APPLICABLE LAW, THE SCOPE OF SUCH WARRANTY WILL BE THE MINIMUM REQUIRED UNDER SUCH LAW.
5.4 CLAUSES 5.1 TO 5.3 INCLUSIVE SHALL NOT LIMIT YOUR RIGHT TO BENEFIT FROM MANDATORY APPLICABLE CONSUMER PROTECTION LAWS THAT APPLY IN THE COUNTRY IN WHICH YOU LIVE.
6.1 You must comply with the UK Bribery Act 2010 and any other applicable anti-bribery and anti-corruption laws.
6.2 You must comply with export and import control laws, regulations, sanctions and trade embargoes of the USA, UK and other applicable jurisdictions. You must not use the Product in, or export or re-export the Product to any person or entity in Crimea, Cuba, Iran, Syria, Sudan, South Sudan or North Korea.
6.3 If any provision of this Agreement is deemed invalid, unenforceable or illegal, such provision will be modified to achieve its objectives (or deleted if modification is not possible). No modification or deletion shall affect the validity of the rest of this Agreement.
6.4 This Agreement constitutes the entire understanding regarding the subject matter. Diffblue may amend this Agreement by posting a revised version online. Otherwise, this Agreement may only be amended by a signed amendment.
6.5 This Agreement is governed by and construed in accordance with English law and is subject to the exclusive jurisdiction of the English courts, save that Diffblue may seek injunction or other equitable relief from any court of competent jurisdiction in order to protect its IPR.
If you have any questions or wish to serve a notice regarding this Agreement, please contact us via email to [email protected].