- Right to Use. Outerbounds grants you a limited, revocable, non-transferable, non-sublicensable, royalty-free right to use the Outerbounds Sandbox solely to test the Outerbounds open source project with your own code and data, provided you: do so in accordance with all applicable laws, rules and regulations; only upload non-production data to the Outerbounds Sandbox and, in particular, do not upload any data containing personal information, personal data, or personally identifiable information (as defined under any US or non-US privacy law or regulation), or confidential or otherwise sensitive information; do not use the Outerbounds Sandbox in any production environment or for providing services to any third party do not circumvent, remove, alter, deactivate, degrade or thwart any of the security protections or usage limitations in the Outerbounds Sandbox; do not use any robot, spider, scraper or other unauthorized automated means to access the Outerbounds Sandbox; do not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Outerbounds Sandbox; do not insert any code or product or manipulate the code of the Outerbounds Sandbox in any way designed to cause harm to Outerbounds or third party systems; do not use the Outerbounds Sandbox for any unauthorized data mining, data gathering or extraction method; do not upload, send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware connected to or associated with the Outerbounds Sandbox, including any software viruses or any other computer code, files or programs; and do not upload, send or transmit any material that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload, send or transmit under any law or under contractual or fiduciary relationships; (iii) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (iv) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable; or (v) in the sole judgment of Outerbounds, is objectionable or which restricts or inhibits any 1/2 other person from using or enjoying the Outerbounds Sandbox, or which may expose Outerbounds or its users to any harm or liability of any type.
- License. As long as you have an account and access to the Outerbounds Sandbox, you hereby grant Outerbounds a non-exclusive, worldwide, royalty-free, fully paid-up license to the data you upload to the Outerbounds Sandbox to provide you with a test environment to allow you to test the Outerbounds open source project.
- Security. You agree not to access or use the Outerbounds Sandbox in any manner that could damage, disable, overburden, or impair any accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Outerbounds Sandbox or any accounts, computer systems or networks. Access to and use of password protected or secure areas of the Outerbounds Sandbox are restricted to authorized users only. Each user is required to have a separate account and you agree not to share your password(s), account information or access to the Outerbounds Sandbox with any other person. You are responsible for maintaining the confidentiality of any account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Outerbounds Sandbox. You agree to notify Outerbounds immediately (by email at email@example.com) of any use of your account(s) that you did not authorize or that is not authorized by these Terms.
- Feedback. We welcome feedback, comments and suggestions for improvements to the Outerbounds Sandbox ("Feedback"). By submitting Feedback, you grant to Outerbounds a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without any obligations to you.
- Confidentiality. The Outerbounds Sandbox contains information that is not already a matter of public knowledge ("Confidential Information"). You agree to hold all Confidential Information in confidence and not to divulge to any third person any Confidential Information. You agree to protect the Confidential Information using the same degree of care to prevent the unauthorized, use, dissemination or publication of the Confidential Information as you use to protect your own confidential information but in no event less than a reasonable degree of care. You also agree to use the Confidential Information only as needed to facilitate your work in creating content or other materials for use by Outerbounds.
- Changes to Terms or Outerbounds Sandbox. We may update the Terms and change or discontinue all or any part of the Outerbounds Sandbox and remove and discard any content within the Outerbounds Sandbox at any time. We may also suspend or terminate your access to the Outerbounds Sandbox services at any time 2/2 without notice to you for any reason, at which point all data stored inside that Outerbounds Sandbox instance is deleted permanently. If you require a sandbox for more than twenty-four (24) hours, you may request an extension by clicking the "Request extension" link on your Outerbounds account page, and the granting of such extension is subject to Outerbounds' approval in its sole discretion. If you continue to use the Outerbounds Sandbox after we have posted updated Terms, you agree to be bound by the updated Terms. The Feedback, Confidentiality, Warranties and Liability and General sections of these Terms will survive any termination, discontinuation or cancellation of the Outerbounds Sandbox or your account.
- Warranties and Liability. YOUR USE OF THE OUTERBOUNDS SANDBOX IS AT YOUR SOLE RISK. THE OUTERBOUNDS SANDBOX IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE OUTERBOUNDS SANDBOX, AND ALL OUTERBOUNDS SANDBOX PROVIDED ON THE SITE, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, DATA SECURITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OUTERBOUNDS MAKES NO WARRANTY THAT (A) THE OUTERBOUNDS SANDBOX WILL MEET YOUR REQUIREMENTS; (B) THE OUTERBOUNDS SANDBOX WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OUTERBOUNDS SANDBOX WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE OUTERBOUNDS SANDBOX WILL MEET YOUR EXPECTATIONS. Outerbounds will not be liable to you under any theory of liability for any indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of the Outerbounds Sandbox or any Outerbounds Sandbox or your use thereof, including loss of profits and damages for loss of goodwill, use, or data or other intangible losses, whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (a) the use or the inability to use the Outerbounds Sandbox; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Outerbounds Sandbox; (c) unauthorized access to or alteration of your transmissions or data; or (d) any other matter relating to the Outerbounds Sandbox. In no event will Outerbounds' total liability to you for all damages, losses, or causes of action exceed the amount you have paid Outerbounds in the last six (6) months, or, if greater, one hundred dollars ($100). This limitation shall apply even if Outerbounds was advised of, or should have been aware of, the possibility of such damages. Some jurisdictions do not allow certain exclusions or limitations; in such jurisdictions, the exclusions and limitations stated in these Terms shall apply to you to the maximum extent permitted by law. If you are a user from New Jersey, this Section 8 is intended to be only as broad as is permitted under the laws of the State of New Jersey. If any portion of this section is held to be invalid under the laws of the State of New Jersey, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.
- General. You may not use or otherwise export or re-export the Outerbounds Sandbox except as authorized by applicable United States law and the laws of the jurisdiction in which the Software was legally obtained or authorized by Outerbounds. In particular, but without limitation, the Outerbounds Sandbox may not be exported or re- exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Outerbounds Sandbox, you represent and warrant that you are not located in any such country or on any such list. You may not assign the rights granted in these Terms, in whole or in part and whether by operation of contract, law or otherwise, without Outerbounds's express written consent. Outerbounds may freely assign these Terms to a third party. Outerbounds may audit your use of the Outerbounds Sandbox. These Terms will be governed by and construed in accordance with the laws of the state of Delaware, U.S.A., without regard to conflict of laws provisions. If any provision of these Terms is found partly or wholly illegal or unenforceable, that provision will be enforced to the maximum extent permissible and remaining provisions of these Terms will remain in full force and effect. A waiver of any breach or default under these Terms will not constitute a waiver of any other subsequent breach or default. These Terms represent the complete and exclusive agreement between you and Outerbounds relating to the Outerbounds Sandbox and supersede any previous or contemporaneous oral or written communications between you and Outerbounds related to the Outerbounds Sandbox.