From 535322d15a8f1a9c7b58a4ed88cc5bfbab217ecf Mon Sep 17 00:00:00 2001 From: John P Vajda Date: Mon, 20 Dec 2021 14:24:22 -0700 Subject: [PATCH 01/11] chore: updates developer terms --- src/markdown-pages/terms.mdx | 825 +++++++++++++++++++++-------------- 1 file changed, 507 insertions(+), 318 deletions(-) diff --git a/src/markdown-pages/terms.mdx b/src/markdown-pages/terms.mdx index c2942d22d..4b0e02d7e 100644 --- a/src/markdown-pages/terms.mdx +++ b/src/markdown-pages/terms.mdx @@ -11,138 +11,243 @@ are excited that you're here. Our intent is to maintain a vibrant software development community. We require that all users that develop on the New Relic platform adhere to these terms. -These terms ("**Terms**") apply to participation in the Developer -Program and form a legal agreement between you ("**you**" or -"**Developer**") and New Relic, Inc. ("**New Relic**", "**we**", -"**our**" or "**us**"), so please read them carefully. If you are -entering into these Terms on behalf of a company, organization or -another legal entity, then "you" or "Developer" means that entity, and -you represent and warrant that you have the authority to bind that -entity to these Terms. Please ensure you have that authority, since -otherwise you may not accept these Terms or use the Developer Resources. -New Relic may modify these Terms from time to time, subject to Section -19 (Changes to Terms) below. **By clicking "I agree" (or a similar -button) or by accessing or using the Developer Resources, you agree to -be bound by these Terms.** - -1. **Introduction.** Our Developer Resources help you build apps, - add-ons and features that extend, augment or complement the New - Relic Service ("**Apps**"). The "**Developer Resources**" are the - APIs, SDKs, sample code, Developer Accounts, command line - interfaces, tokens, credentials and other resources we provide as - part of the Developer Program, as described on the [Developer Site](http://developer.newrelic.com). The "**New Relic Service**" is our SaaS offering and related software, - which we provide under separate terms ("**New Relic Terms of Service**"). - -2. **How These Terms Apply.** These Terms apply if you use our - Developer Resources to build or manage Apps. Any use of the New - Relic Service itself (including our standard tools and APIs that - help you configure usage or retrieve your data) remains subject to - the New Relic Terms of Service, not these Terms. - -3. **Registration**. To access or use the Developer Resources, you need - to complete any registration or credentialing requirements +These terms ("**Terms**") apply to participation in the Developer Program +and form a legal agreement between you ("**you**" or "**Developer**") and +New Relic, Inc. ("**New Relic**", "**we**", "**our**" or "**us**"), so please +read them carefully. If you are entering into these Terms on behalf of a +company, organization or another legal entity, then **"you**" or +"**Developer**" means that entity, and you represent and warrant that you +have the authority to bind that entity to these Terms. Please ensure you +have that authority, since otherwise you may not accept these Terms or +use the Developer Resources. New Relic may modify these Terms from time +to time, subject to Section 20 (Changes to Terms) below. By clicking "**I +agree**" (or a similar button) or by accessing or using the Developer +Resources, you agree to be bound by these Terms. + +1. **Introduction.** Our Developer Resources help you build apps, add-ons + and features that extend, augment or complement the New Relic + Service ("**Apps**"). The "**Developer Resources**" are the APIs, + SDKs, sample code, Developer Accounts, command line interfaces, + tokens, credentials and other resources we provide as part of the + Developer Program, as described on the [Developer + Site](http://developer.newrelic.com/). The "**New Relic + Service**" is our SaaS offering and related software, which we + provide under separate terms ("**New Relic Terms of Service**"). + +2. **How These Terms Apply.** These Terms apply if you use our Developer + Resources to build or manage Apps. Any use of the New Relic + Service itself (including our standard tools and APIs that help + you configure usage or retrieve your data) remains subject to the + New Relic Terms of Service, not these Terms. + +3. **Registration**. To access or use the Developer Resources, you need to + complete any registration or credentialing requirements established by New Relic. -4. **Use of Developer Resources.** Subject to these Terms, you may use - the Developer Resources to enable your Apps to interface with the - New Relic Service. Your use is subject to the developer - documentation currently available on the [Developer Site](http://developer.newrelic.com) - or otherwise provided by New Relic ("**Developer Documentation**"), - which is considered part of the Developer Resources. Your rights are limited, - non-exclusive, non-sublicensable and non-transferable. You may permit your agents - and contractors to exercise your rights on your behalf, provided you - remain responsible for their compliance with these Terms. - -5. **Developer Account.** New Relic may offer test or sandbox accounts - as part of the Developer Program ("**Developer Accounts**"), which - you may use only for internal development or testing of your Apps as +4. **Use of Developer Resources**. Subject to these Terms, you may use the + Developer Resources to enable your Apps to interface with the New + Relic Service. Your use is subject to the developer documentation + currently available on the [Developer + Site](http://developer.newrelic.com/) or otherwise provided + by New Relic ("**Developer Documentation**"), which is considered + part of the Developer Resources. Your rights are limited, + non-exclusive, non-sublicensable and non-transferable. You may + permit your agents and contractors to exercise your rights on your + behalf, provided you remain responsible for their compliance with + these Terms. + +5. **Developer Account**. New Relic may offer test or sandbox accounts as + part of the Developer Program ("**Developer Accounts**"), which you + may use only for internal development or testing of your Apps as part of your rights in Section 4 (Use of Developer Resources). Because Developer Accounts are for development or testing purposes only, you may not use personally identifiable or production data with Developer Accounts (and no End User Data). New Relic has no security, privacy or other responsibility for data contained in - Developer Accounts and may access, modify or delete such data at any - time for any reason. You may not provide access to your Developer - Accounts to anyone else. Developer Accounts may be subject to - additional usage restrictions as set forth from time to time in the - Developer Documentation. - -6. **Access Limits; Compliance**. New Relic may (but is not required - to) monitor your use of the Developer Resources and how your Apps + Developer Accounts and may access, modify or delete such data at + any time for any reason. You may not provide access to your + Developer Accounts to anyone else. Developer Accounts may be + subject to additional usage restrictions as set forth from time to + time in the Developer Documentation. + +6. **Access Limits; Compliance**. New Relic may (but is not required to) + monitor your use of the Developer Resources and how your Apps interact with the New Relic Service, including to ensure your compliance with these Terms. You agree to cooperate with our reasonable inquiries and, upon request, provide us with proof that - your use of the Developer Resources and your Apps comply with these - Terms. From time to time New Relic may also place limits on access - (e.g., limits on number of API calls). + your use of the Developer Resources and your Apps comply with + these Terms. From time to time New Relic may also place limits on + access (e.g., limits on the number of API calls). 7. **Restrictions**. We expect all developers to respect New Relic, end - users and other third parties. In using the Developer Resources, you - must comply with New Relic's Acceptable Use Policy currently + users and other third parties. In using the Developer Resources, + you must comply with New Relic's Acceptable Use Policy currently available - [here](https://docs.newrelic.com/docs/licenses/license-information/acceptable-use-policy/acceptable-use-policy) + [[here](https://docs.newrelic.com/docs/licenses/license-information/acceptable-use-policy/acceptable-use-policy) ("**Acceptable Use Policy**"). You will not (and will not permit - anyone else to): (a) use the Developer Resources except with the New - Relic Service as permitted in these Terms; (b) sublicense, sell, - distribute or grant third parties access to the Developer Resources, - other than your agents and contractors (see Section 4) or as - permitted in the Developer Documentation (e.g., distributable - elements of SDKs); (c) use the Developer Resources for competitive - purposes, with Apps that substantially replicate features of the New - Relic Service or to circumvent any intended limitations of the New - Relic Service (e.g., payment of fees or user access structures); (d) - reverse engineer, modify or create derivative works of the Developer - Resources; (e) access the Developer Resources through means other - than the tokens and credentials we provide; (f) make calls using an - App not driven by bona fide end user requests (except for reasonable - testing); (g) publish benchmarks or performance information - regarding the Developer Resources; (h) test the performance, - bandwidth or capacity of the Developer Resources or New Relic - Service or disrupt their integrity or performance; (i) transmit any - viruses, illegal content or other harmful materials to the Developer - Resources or New Relic end users; or (j) take any action that would - subject the Developer Resources or New Relic Service to any open - source licenses or other third party terms. + anyone else to): (a) use the Developer Resources except with the + New Relic Service as permitted in these Terms; (b) sublicense, + sell, distribute or grant third parties access to the Developer + Resources, other than your agents and contractors (see Section 4) + or as permitted in the Developer Documentation (e.g., + distributable elements of SDKs); (c) use the Developer Resources + for competitive purposes, with Apps that substantially replicate + features of the New Relic Service or to circumvent any intended + limitations of the New Relic Service (e.g., payment of fees or + user access structures); (d) reverse engineer, modify or create + derivative works of the Developer Resources; (e) access the + Developer Resources through means other than the tokens and + credentials we provide; (f) make calls using an App not driven by + bona fide end user requests (except for reasonable testing); (g) + publish benchmarks or performance information regarding the + Developer Resources; (h) test the performance, bandwidth or + capacity of the Developer Resources or New Relic Service or + disrupt their integrity or performance; (i) transmit any viruses, + illegal content or other harmful materials to the Developer + Resources or New Relic end users; or (j) take any action that + would subject the Developer Resources or New Relic Service to any + open source licenses or other third party terms. 8. **Use of New Relic Marks**. Subject to these Terms, you may use the appropriate New Relic names, logos and trademarks designated in - the New Relic Trademark Guidelines currently available - [here](https://newrelic.com/about/media-assets) ("**New Relic - Marks**") to promote your App's availability for use with the New - Relic Service. Your use of New Relic Marks must comply with the New - Relic Trademark Guidelines and (without limiting New Relic's other - termination rights) you must promptly cease any use of New Relic - Marks upon notice by New Relic. You receive no other rights to New - Relic Marks under these Terms. All goodwill arising from use of New - Relic Marks belongs to New Relic. - -9. **Your Responsibilities.** You and your Apps must meet important - standards related to privacy, security, business practices and user - experience, as set out below. - - a. **Your Apps and End Users**. You are solely responsible, at your own expense, for your Apps (including their operation, components, integrations and support) and your relationships and agreements with end users regarding your Apps. - - b. **Support**. You will provide end users with reasonable web-based and/or email support for your Apps. You will also provide New Relic with a current email address to which New Relic may direct end user inquiries about your Apps and designate a support contact (name and email address) for New Relic. - - c. **End User Data**. An end user may enable you or your App to access certain of its data, content or information within the New Relic Service ("**End User Data**"). You may access and process End User Data only to the extent enabled by the end user and as necessary to provide your Apps to that end user. You will ensure that all End User Data is collected, processed, transmitted, maintained and used in accordance with: (i) your agreement with the end user and a legally adequate privacy policy ("**End User Terms**"), and appropriate notices to and consents from end users, (ii) all laws, rules, regulations or orders, including those relating to data privacy, data transfer, international communications or the export of technical or personal data ("**Laws**") and (iii) industry-standard technical, administrative and physical security measures that protect the security and privacy of all End User Data. New Relic is not responsible for any regulatory action or claim to which you may be subject in connection with your Apps. New Relic is also not responsible for any transmission, disclosure, modification or deletion of End User Data in the New Relic Service by, through or resulting from an App. - - d. **Security Breaches.** In case of any suspected or actual security breach affecting your App or End User Data, you must immediately notify New Relic and cooperate with New Relic to remediate the issue and mitigate its effects. You must obtain New Relic's approval for any security breach notifications to end users that refer directly or indirectly to New Relic. - - e. **New Relic Customer Terms.** Use of the New Relic Service requires each end user to have a valid subscription subject to the New Relic Terms of Service. You will not facilitate or encourage any end user to violate the New Relic Terms of Service or Acceptable Use Policy. For clarity, if New Relic receives any data from you or your Apps on an end user's behalf, such data will be subject solely to the New Relic Terms of Service with the end user, and such data will no longer be subject to your own terms with the end user. - - f. **Fees.** You may not directly or indirectly charge end users for use of, or access to, the functionality of the Developer Resources. If you charge any fees for your Apps, you are solely responsible for collecting those fees independently from New Relic and the New Relic Catalog. You are also responsible for any related refunds or liabilities to end users and for any associated end user communications under Section 13.d (End User Communications). These Terms grant you no right to distribute or resell the Developer Resources or New Relic Service. - - g. **Your Representations and Warranties.** You represent and warrant that: (i) you have full power and authority to enter into and perform these Terms and to exploit your Apps without violating any other agreement; (ii) your Apps and their use will not violate any Laws or third party rights (including intellectual property rights, and rights of privacy or publicity), and you will notify New Relic if your Apps become subject to any claim or complaint regarding violation of Laws or third party rights; (iii) all information you provide to New Relic is and will be true, accurate and complete (and you will keep such information up-to-date); and (iv) you will not interfere with New Relic's business practices or the way in which it licenses or distributes the Developer Resources or New Relic Service. You agree not to: (A) suggest any affiliation with New Relic (including that New Relic sponsors, endorses or guarantees your Apps) except for the relationship expressly contemplated in these Terms or (B) make any representations, warranties or commitments on New Relic's behalf or regarding the Developer Resources or New Relic Service. - - h. **Indemnification.** You will indemnify, defend (at New Relic's request) and hold harmless New Relic and its affiliates and their respective directors, officers, employees, agents, contractors, end users and licensees from and against any regulatory actions, claims, losses, costs, expenses (including reasonable attorneys' fees), damages or liabilities based on or arising from (i) your Apps, (ii) your relationships or interactions with any end users or third parties in connection with your Apps, or (iii) your breach or alleged breach of these Terms. New Relic may, at its own expense, participate in the defense and settlement of any claim with its own counsel, and you may not settle a claim without New Relic's prior written consent (not to be unreasonably withheld). - -10. **Listings**. This Section 10 applies only if you choose to submit - your App for listing in the New Relic Catalog. - - a. **Submission**. To submit your App for potential listing in the New Relic Catalog, you must follow New Relic's [Listing Requirements](https://newrelic.github.io/nr1-catalog/) and provide: - - i. Your App meeting the [Listing - Requirements](https://newrelic.github.io/nr1-catalog/), + the New Relic Trademark Guidelines currently available + [[here](https://newrelic.com/about/media-assets) ("**New + Relic Marks**") to promote your App's availability for use with + the New Relic Service. Your use of New Relic Marks must comply + with the New Relic Trademark Guidelines and (without limiting New + Relic's other termination rights) you must promptly cease any use + of New Relic Marks upon notice by New Relic. You receive no other + rights to New Relic Marks under these Terms. All goodwill arising + from use of New Relic Marks belongs to New Relic. + +9. **Use of Your Marks**. Subject to these Terms, New Relic may use your + names, logos, images and trademarks ("**Partner Marks**") to identify + the relationship under these Terms and for mutually agreed + marketing activities. New Relic will promptly cease use of Partner + Marks upon written request by you. + +10. **Your Responsibilities**. You and your Apps must meet important + standards related to privacy, security, business practices and + user experience, as set out below. + + a. **Your Apps and End Users**. You are solely responsible, at your + own expense, for your Apps (including their operation, components, + integrations and support) and your relationships and agreements + with end users regarding your Apps. + + b. **Support**. You will provide end users with reasonable web-based + and/or email support for your Apps. You will also provide New + Relic with a current email address to which New Relic may direct + end user inquiries about your Apps and designate a support contact + (name and email address) for New Relic. + + c. **End User Data**. An end user may enable you or your App to access + certain of its data, content or information within the New Relic + Service ("**End User Data**"). You may access and process End User + Data only to the extent enabled by the end user and as necessary + to provide your Apps to that end user. You will ensure that all + End User Data is collected, processed, transmitted, maintained and + used in accordance with: (i) your agreement with the end user and + a legally adequate privacy policy ("**End User Terms**"), and + appropriate notices to and consents from end users, (ii) all laws, + rules, regulations or orders, including those relating to data + privacy, data transfer, international communications or the export + of technical or personal data ("**Laws**") and (iii) + industry-standard technical, administrative and physical security + measures that protect the security and privacy of all End User + Data. New Relic is not responsible for any regulatory action or + claim to which you may be subject in connection with your Apps. + New Relic is also not responsible for any transmission, + disclosure, modification or deletion of End User Data in the New + Relic Service by, through or resulting from an App. + + d. **Security Breaches**. In case of any suspected or actual security + breach affecting your App or End User Data, you must immediately + notify New Relic and cooperate with New Relic to remediate the + issue and mitigate its effects. You must obtain New Relic's prior + approval for any security breach notifications to end users that + refer directly or indirectly to New Relic. + + e. **New Relic Customer Terms**. Use of the New Relic Service requires + each end user to have a valid subscription subject to the New + Relic Terms of Service. You will not facilitate or encourage any + end user to violate the New Relic Terms of Service or Acceptable + Use Policy. For clarity, if New Relic receives any data from you + or your Apps on an end user's behalf, such data will be subject + solely to the New Relic Terms of Service with the end user, and + such data will no longer be subject to your own terms with the end + user. + + f. **Fees**. You may not directly or indirectly charge end users for + use of, or access to, the functionality of the Developer + Resources. If you charge any fees for your Apps, you are solely + responsible for collecting those fees independently from New Relic + and the New Relic Catalog. You are also responsible for any + related refunds or liabilities to end users and for any associated + end user communications under Section 14.d (End User + Communications). These Terms grant you no right to distribute or + resell the Developer Resources or New Relic Service. In performing + these Terms, neither party will (a) hold itself out as a reseller + or distributor of the other party's services, (b) engage in any + misleading or deceptive conduct detrimental to the other party + or (c) make any representations, warranties or commitments on + behalf of the other party or regarding the other party's + services. + + g. **Your Representations and Warranties**. You represent and warrant + that: (i) you have full power and authority to enter into and + perform these Terms and to exploit your Apps without violating any + other agreement; (ii) your Apps and their use will not violate any + Laws or third party rights (including intellectual property + rights, and rights of privacy or publicity), and you will notify + New Relic if your Apps become subject to any claim or complaint + regarding violation of Laws or third party rights; (iii) you will + comply with all applicable laws in your performance of these + terms, including Anti-Corruption Laws, and will not give, offer or + promise any item of value to any official, person or entity in + violation of Anti-Corruption Laws; (iv) all information you + provide to New Relic is and will be true, accurate and complete + (and you will keep such information up-to-date); and (v) you will + not interfere with New Relic's business practices or the way in + which it licenses or distributes the Developer Resources or New + Relic Service. You agree not to: (A) suggest any affiliation with + New Relic (including that New Relic sponsors, endorses or + guarantees your Apps) except for the relationship expressly + contemplated in these Terms; (B) make any representations, + warranties or commitments on New Relic's behalf or regarding the + Developer Resources or New Relic Service; or (C) disparage New + Relic or the New Relic Service. "Anti-Corruption Laws" means all + applicable anti-bribery and anti-corruption laws and regulations, + including the United States Foreign Corrupt Practices Act, U.K. + Bribery Act 2010, and the OECD Convention on Combating Bribery of + Foreign Public Officials in International Business Transactions. + + h. **Indemnification**. You will indemnify, defend (at New Relic's + request) and hold harmless New Relic and its affiliates and their + respective directors, officers, employees, agents, contractors, + end users and licensees from and against any regulatory actions, + claims, losses, costs, expenses (including reasonable attorneys' + fees), damages or liabilities based on or arising from (i) your + Apps, (ii) your relationships or interactions with any end users + or third parties in connection with your Apps, (iii) your breach + or alleged breach of these Terms, or (iv) an allegation that + Partner Marks, when used as authorized by this Agreement, infringe + third-party trademark or copyright rights. New Relic may, at its + own expense, participate in the defense and settlement of any + claim with its own counsel, and you may not settle a claim without + New Relic's prior written consent (not to be unreasonably + withheld) + +11. **Listings**. This Section 11 applies only if you choose to submit your + App for listing in the New Relic Catalog. + + a. **Submission**. To submit your App for potential listing in the New + Relic Catalog, you must follow New Relic's [[Listing + Requirements]{.ul}](https://newrelic.github.io/nr1-catalog/) and + provide: + + i. Your App meeting the [[Listing + Requirements]{.ul}](https://newrelic.github.io/nr1-catalog/), including regarding security and coding practices, - ii. Listing information, trademarks and documentation @@ -152,228 +257,312 @@ be bound by these Terms.** - iv. Other related materials that we reasonably request. - b. **Approval**. New Relic may approve or reject any submitted App in its sole discretion and reserves the right to test Apps against the Listing Requirements and other security and performance criteria. You remain solely responsible for your Apps despite any New Relic approval. + b. **Approval**. New Relic may approve or reject any submitted App in its + sole discretion and reserves the right to test Apps against the + Listing Requirements and other security and performance criteria. You + remain solely responsible for your Apps despite any New Relic + approval. - c. **New Relic Rights**. If New Relic approves your submitted App, you hereby grant New Relic a license to: + c. **New Relic Rights**. If New Relic approves your submitted App, you + hereby grant New Relic a license to: - i. List your App in the New Relic Catalog; - ii. Copy, distribute, publicly perform and display, and create - derivative works of your Listing Materials, and - screenshots of your App's use with the New Relic Service, - in order to market and promote your App, the New Relic - Catalog and the New Relic Service (but we will not change - your trademarks except for sizing and formatting); and - - - iii. Use, host, copy, distribute, publicly perform and display - your App to permit your App to operate with the New Relic - Service, including by permitting End Users to enable and - deploy your App with their New Relic Service accounts. - - New Relic's license rights are worldwide, non-exclusive, royalty-free - and fully paid-up and sublicensable through multiple tiers. New Relic - retains sole discretion and control over the placement, look and feel - of the New Relic Catalog. - - d. **End User Deployment**. If New Relic lists your App on the New Relic Catalog, interested end users may select and deploy your App with their New Relic Service accounts. New Relic does not guarantee any end users will search for or use your App. - - e. **End User Terms**. You are responsible for your End User Terms and how you present them to end users and obtain their agreement. Your End User Terms must be consistent with your rights and obligations in these Terms (including regarding End User Data and any termination, suspension or take-down of your App), and you agree your App will not be licensed under a Copyleft License. New Relic is not a party to your End User Terms and is not responsible for how end users use your App or for enforcing your End User Terms. "**Copyleft License**" means any OSS license that seeks to require any party that uses, modifies or distributes the licensed code to make such code (or modification or derivative work thereof) or any other code that may be combined with or linked to such code available in source code form or that may impose any other obligation or restriction with respect to such party's patent or other intellectual property rights (such as, for example purposes only, any version of the GPL or LGPL, Affero, CPL, CDDL, Eclipse or Mozilla licenses). - - f. **Take-Downs**. You may request that we take-down your App from the New Relic Catalog at any time by contacting [opensource+nr1-catalog@newrelic.com](mailto:opensource+nr1-catalog@newrelic.com). We will use commercially reasonable efforts to promptly remove your App from the New Relic Catalog following receipt of your request. In addition to its other rights, New Relic may temporarily or permanently take-down any App listed in the New Relic Catalog in its discretion, without notice to you. Section 13.c (Wind-Down) will apply following any take-down pursuant to this Section 10.f. - - g. **New Relic Catalog**. "**New Relic Catalog**" means (i) the New Relic One Catalog that New Relic makes available in connection with the New Relic Service and (ii) any other App listing or catalog that New Relic makes available through its own or third party products or websites. - -11. **Ownership**. New Relic does not claim ownership of your Apps - (other than our own technology) and you reserve all rights not - expressly granted in these Terms. New Relic and its licensors retain - all ownership and other rights (including all intellectual property + derivative works of your Listing Materials, and screenshots of + your App's use with the New Relic Service, in order to market and + promote your App, the New Relic Catalog and the New Relic Service + (but we will not change your trademarks except for sizing and + formatting); and + + - iii. Use, host, copy, distribute, publicly perform and display your + App to permit your App to operate with the New Relic Service, + including by permitting End Users to enable and deploy your App + with their New Relic Service accounts. + +New Relic's license rights are worldwide, non-exclusive, royalty-free +and fully paid-up and sublicensable through multiple tiers. New Relic +retains sole discretion and control over the placement, look and feel +of the New Relic Catalog. + +d. **End User Deployment**. If New Relic lists your App on the New Relic +Catalog, interested end users may select and deploy your App with +their New Relic Service accounts. New Relic does not guarantee any end +users will search for or use your App. + +e. **End User Terms**. You are responsible for your End User Terms and how +you present them to end users and obtain their agreement. Your End +User Terms must be consistent with your rights and obligations in +these Terms (including regarding End User Data and any termination, +suspension or take-down of your App), and you agree your App will not +be licensed under a Copyleft License. New Relic is not a party to your +End User Terms and is not responsible for how end users use your App +or for enforcing your End User Terms. "**Copyleft License**" means any +OSS license that seeks to require any party that uses, modifies or +distributes the licensed code to make such code (or modification or +derivative work thereof) or any other code that may be combined with +or linked to such code available in source code form or that may +impose any other obligation or restriction with respect to such +party's patent or other intellectual property rights (such as, for +example purposes only, any version of the GPL or LGPL, Affero, CPL, +CDDL, Eclipse or Mozilla licenses). + +f. **Take-Downs**. You may request that we take-down your App from the New +Relic Catalog at any time by contacting +[opensource+nr1-catalog@newrelic.com](https://developer.newrelic.com/terms/mailto:opensource+nr1-catalog@newrelic.com). +We will use commercially reasonable efforts to promptly remove your +App from the New Relic Catalog following receipt of your request. In +addition to its other rights, New Relic may temporarily or permanently +take-down any App listed in the New Relic Catalog in its discretion, +without notice to you. Section 14.c (Wind-Down) will apply following +any take-down pursuant to this Section 11.f. + +g. **New Relic Catalog**. "**New Relic Catalog**" means (i) the New Relic +One Catalog that New Relic makes available in connection with the New +Relic Service and (ii) any other App listing or catalog that New Relic +makes available through its own or third party products or websites. + +12. **Ownership**. New Relic does not claim ownership of your Apps (other + than our own technology) and you reserve all rights not expressly + granted in these Terms. New Relic and its licensors retain all + ownership and other rights (including all intellectual property rights) in the Developer Resources, the New Relic Service and our related technology. Providing feedback, comments, or suggestions - about the Developer Program or Developer Resources - (**"Feedback"**) to New Relic is wholly voluntary. New Relic may - freely use Feedback for any purpose. - -12. **Support; Changes**. New Relic has no obligation to provide - maintenance or support for the Developer Resources or your Apps, or - to fix any errors or defects. New Relic may change the Developer - Resources from time to time as our business changes and technology - evolves, and future versions of the Developer Resources may not be + about the Developer Program or Developer Resources ("**Feedback**") + to New Relic is wholly voluntary. New Relic may freely use + Feedback for any purpose. + +13. **Support; Changes**. New Relic has no obligation to provide maintenance + or support for the Developer Resources or your Apps, or to fix any + errors or defects. New Relic may change the Developer Resources + from time to time as our business changes and technology evolves, + and future versions of the Developer Resources may not be compatible with Apps built using previous versions. We typically - make these changes as part our overall Developer Program and are - unable to provide notice of the changes to developers individually. - New Relic will have no liability resulting from these changes. + make these changes as part of our overall Developer Program and + are unable to provide notice of the changes to developers + individually. New Relic will have no liability resulting from + these changes. -13. **Termination and Suspension.** These Terms remain in effect until +14. **Termination and Suspension**. These Terms remain in effect until terminated. - a. **By Developer**. Developer may terminate these Terms at any time by ceasing all use of the Developer Resources. - - b. **By New Relic**. New Relic may terminate or suspend these Terms or your access to or right to use the Developer Resources (in whole or in part): (i) for no reason or any reason upon 15 days' notice to you, (ii) immediately (A) if you breach any provision of these Terms, (B) if New Relic is required to do so by Laws, (C) if New Relic ceases offering the Developer Resources, (D) in case of any security breach or other concern under Section 9.d (Security Breaches), or (E) if New Relic otherwise determines in its discretion that such action is necessary to avoid harm, liability or reputational damage to New Relic, the Developer Resources, the New Relic Service, or any end user. For clarity, suspension may include disabling your Apps. - - c. **Wind-Down**. Following any termination of these Terms, at New Relic's request (i) the parties will cooperate to effectuate an orderly wind-down and (ii) these Terms will continue in effect for up to 90 days to enable deployed end users to continue using your Apps. - - d. **End User Communications**. In the event of any termination, suspension or take-down under this Section 13 or Section 10.f (Take-Downs), Developer remains responsible for managing its own end user relationships and communications, including as relates to any transition to alternate Developer offerings or any impact on fees, refunds or commercial terms with end users. Developer will ensure that any such end user communications are accurate and conducted in a positive and professional manner, consistent with any guidelines New Relic may provide. - - e. **Effect of Termination**. Upon any termination, subject to Section 13.c (Wind-Down) (i) your rights to use the Developer Resources and New Relic Marks will immediately terminate and you will cease all such use, (ii) you will return or destroy all Confidential Information (as requested by New Relic) and (iii) Sections 9 (Your Responsibilities), 11 (Ownership) and 13 (Termination and Suspension) through 24 (General) will survive. After termination, you will have no further access to any data or content that you submitted to New Relic relating to the Developer Resources. - - f. **No Obligation or Liability**. New Relic will have no obligation or liability resulting from termination, suspension or take-down as described in this Section 13 or Section 10.f (Take-Downs). - -14. **Disclaimer of Warranties.** TO THE FULL EXTENT PERMITTED BY LAW, - THE DEVELOPER RESOURCES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" - AND NEW RELIC AND ITS THIRD-PARTY LICENSORS DISCLAIM ALL - REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED - OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, - TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. NEW RELIC MAKES - NO REPRESENTATION, WARRANTY OR GUARANTEE RELATED TO RELIABILITY, - ACCURACY OR COMPLETENESS OF THE DEVELOPER RESOURCES, THAT NEW RELIC - WILL CONTINUE TO OFFER THE DEVELOPER RESOURCES OR THAT USE OF THE + a. **By Developer**. Developer may terminate these Terms at any time + by ceasing all use of the Developer Resources. + + b. **By New Relic**. New Relic may terminate or suspend these Terms or + your access to or right to use the Developer Resources (in whole + or in part): (i) for no reason or any reason upon 15 days' notice + to you, (ii) immediately (A) if you breach any provision of these + Terms, (B) if New Relic is required to do so by Laws, (C) if New + Relic ceases offering the Developer Resources, (D) in case of any + security breach or other concern under Section 10.d (Security + Breaches), or (E) if New Relic otherwise determines in its + discretion that such action is necessary to avoid harm, liability + or reputational damage to New Relic, the Developer Resources, the + New Relic Service, or any end user. For clarity, suspension may + include disabling your Apps. + + c. **Wind-Down**. Following any termination of these Terms, at New + Relic's request (i) the parties will cooperate to effectuate an + orderly wind-down and (ii) these Terms will continue in effect for + up to 90 days to enable deployed end users to continue using your + Apps. + + d. **End User Communications**. In the event of any termination, + suspension or take-down under this Section 14 or Section 11.f + (Take-Downs), Developer remains responsible for managing its own + end user relationships and communications, including as relates to + any transition to alternate Developer offerings or any impact on + fees, refunds or commercial terms with end users. Developer will + ensure that any such end user communications are accurate and + conducted in a positive and professional manner, consistent with + any guidelines New Relic may provide. + + e. **Effect of Termination**. Upon any termination, subject to Section + 14.c (Wind-Down) (i) your rights to use the Developer Resources + and New Relic Marks will immediately terminate and you will cease + all such use, (ii) you will return or destroy all Confidential + Information (as requested by New Relic) and (iii) Sections 10 + (Your Responsibilities), 12 (Ownership) and 14 (Termination and + Suspension) through 25 (General) will survive. After termination, + you will have no further access to any data or content that you + submitted to New Relic relating to the Developer Resources. + + f. **No Obligation or Liability**. New Relic will have no obligation + or liability resulting from termination, suspension or take-down + as described in this Section 14 or Section 11.f (Take-Downs). + +15. **Disclaimer of Warranties**. TO THE FULL EXTENT PERMITTED BY LAW, THE + DEVELOPER RESOURCES AND NEW RELIC MARKS ARE PROVIDED "AS IS," + "AS AVAILABLE," AND "WITH ALL FAULTS." NEW RELIC AND ITS + THIRD-PARTY LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND + GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING + IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND + FITNESS FOR ANY PURPOSE. NEW RELIC MAKES NO REPRESENTATION, + WARRANTY OR GUARANTEE RELATED TO RELIABILITY, ACCURACY OR + COMPLETENESS OF THE DEVELOPER RESOURCES, THAT NEW RELIC WILL + CONTINUE TO OFFER THE DEVELOPER RESOURCES OR THAT USE OF THE DEVELOPER RESOURCES WILL BE SECURE, TIMELY, UNINTERRUPTED, - ERROR-FREE OR MEET DEVELOPER'S REQUIREMENTS OR EXPECTATIONS. You may - have other statutory rights, in which case the disclaimers above - will apply to the full extent permitted by law. - -15. **Limitations of Liability.** TO THE FULL EXTENT PERMITTED BY LAW, - IN NO EVENT WILL NEW RELIC BE LIABLE (i) FOR ANY LOSS OF USE, LOST - DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS OR - ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY - KIND (INCLUDING LOST PROFITS OR LOST DATA), EVEN IF INFORMED OF THE - POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR (ii) IN ANY EVENT, FOR ANY - DAMAGES OR LIABILITIES EXCEEDING ONE HUNDRED U.S. DOLLARS (\$100), - ARISING FROM OR RELATING TO THESE TERMS, USE OF THE DEVELOPER - RESOURCES, YOUR APPS OR THEIR COMBINATION OR INTERACTION WITH THE - DEVELOPER RESOURCES OR NEW RELIC SERVICE. NOTWITHSTANDING ANYTHING - TO THE CONTRARY, NEW RELIC HAS NO WARRANTY, INDEMNIFICATION OR OTHER - OBLIGATION OR LIABILITY WITH RESPECT TO YOUR APPS OR THEIR - COMBINATION, INTERACTION OR USE WITH THE DEVELOPER RESOURCES OR NEW - RELIC SERVICE. You acknowledge and agree that this Section 15 - reflects a reasonable allocation of risk and will apply regardless - of the form of action or legal theory, whether in contract, tort - (including negligence), strict liability or otherwise, and that New - Relic would not enter into these Terms without these liability - limitations. This Section will survive even if any limited remedy - fails of its essential purpose. - -16. **New Relic Confidential Information.** Any non-public elements of - the Developer Resources and any other information disclosed by New + ERROR-FREE OR MEET DEVELOPER'S REQUIREMENTS OR EXPECTATIONS. You + may have other statutory rights, in which case the disclaimers + above will apply to the full extent permitted by law. + +16. **Limitations of Liability**. TO THE FULL EXTENT PERMITTED BY LAW, IN NO + EVENT WILL NEW RELIC BE LIABLE (i) FOR ANY LOSS OF USE, LOST DATA, + FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS OR ANY + INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND + (INCLUDING LOST PROFITS OR LOST DATA), EVEN IF INFORMED OF THE + POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR (ii) IN ANY EVENT, FOR + ANY DAMAGES OR LIABILITIES EXCEEDING ONE HUNDRED U.S. DOLLARS + ($100), ARISING FROM OR RELATING TO THESE TERMS, USE OF THE + DEVELOPER RESOURCES, YOUR APPS OR THEIR COMBINATION OR INTERACTION + WITH THE DEVELOPER RESOURCES OR NEW RELIC SERVICE. NOTWITHSTANDING + ANYTHING TO THE CONTRARY, NEW RELIC HAS NO WARRANTY, + INDEMNIFICATION OR OTHER OBLIGATION OR LIABILITY WITH RESPECT TO + YOUR APPS OR THEIR COMBINATION, INTERACTION OR USE WITH THE + DEVELOPER RESOURCES OR NEW RELIC SERVICE. You acknowledge and + agree that this Section 16 reflects a reasonable allocation of + risk and will apply regardless of the form of action or legal + theory, whether in contract, tort (including negligence), strict + liability or otherwise, and that New Relic would not enter into + these Terms without these liability limitations. This Section will + survive even if any limited remedy fails its essential purpose. + +17. **New Relic Confidential Information**. Any nonpublic elements of the + Developer Resources and any other information disclosed by New Relic that is marked as confidential or proprietary or that should - reasonably be understood to be confidential or proprietary from the - circumstances of disclosure is **"Confidential Information."** - Confidential Information does not include any information that: (i) - is or becomes generally known to the public; (ii) was known to you + reasonably be understood to be confidential or proprietary from + the circumstances of disclosure, including but not limited to + these Terms, technical or performance information about the New + Relic Service, product information, plans, pricing information, + financials, marketing plans, business strategies, customer + information, data, research and development, software and + hardware, APIs, specifications, designs, proprietary formulae and + algorithms, is "Confidential Information." Confidential + Information does not include any information that: (i) is or + becomes generally known to the public; (ii) was known to you before its disclosure by New Relic; or (iii) is received from a third party, in each case without breach of an obligation owed to New Relic or anyone else. You will (A) maintain Confidential Information in confidence (using at least the same measures as for - your own confidential information, and no less than reasonable care) - and not divulge it to any third party and (B) only use Confidential - Information to fulfill your obligations under these Terms. If you - are compelled by law to disclose Confidential Information, you must - provide New Relic with prior notice of such compelled disclosure (to - the extent legally permitted) and reasonable assistance if New Relic - wishes to contest the disclosure. If you breach or threaten breach - of this Section 16, it could cause substantial harm for which - damages are inadequate and New Relic will have the right to seek - injunctive relief in addition to other remedies. - -17. **Independent Development; Information You Provide Not - Confidential.** New Relic develops a variety of offerings and works - with many other developers and partners, and either New Relic or - these third parties could in the future develop (or already have - developed) products, services, concepts or features similar to - yours. Nothing limits New Relic's right to do so, though this - Section itself does not grant us any license under your intellectual - property rights. Unless separately set forth in another agreement, - New Relic has no confidentiality obligations for information you + your own confidential information, and no less than reasonable + care) and not divulge it to any third party and (B) only use + Confidential Information to fulfill your obligations under these + Terms. If you are compelled by law to disclose Confidential + Information, you must provide New Relic with prior notice of such + compelled disclosure (to the extent legally permitted) and + reasonable assistance if New Relic wishes to contest the + disclosure. If you breach or threaten breach of this Section 17, + it could cause substantial harm for which damages are inadequate + and New Relic will have the right to seek injunctive relief in + addition to other remedies. + +18. **Independent Development; Information You Provide Not Confidential**. + New Relic develops a variety of offerings and works with many + other developers and partners, and either New Relic or these third + parties could in the future develop (or already have developed) + products, services, concepts or features similar to yours. Nothing + limits New Relic's right to do so, though this Section itself + does not grant us any license under your intellectual property + rights. Unless separately set forth in another agreement, New + Relic has no confidentiality obligations for information you submit in connection with the Developer Program. -18. **Usage Data**. In addition to New Relic's other rights, New Relic - may collect certain data and information regarding your use of the - [Developer Site](http://developer.newrelic.com) and Developer - Resources, including data about your data pulls or requests, and - your Apps (**"Usage Data"**). We may use and exploit Usage Data for - any purpose in connection with operating, improving and supporting - the Developer Program and Developer Resources. +19. **Usage Data**. In addition to New Relic's other rights, New Relic may + collect certain data and information regarding your use of the + [Developer Site](http://developer.newrelic.com/) and + Developer Resources, including data about your data pulls or + requests, and your Apps ("Usage Data"). We may use and exploit + Usage Data for any purpose in connection with operating, improving + and supporting the Developer Program and Developer Resources. -19. **Changes to Terms**. We may change these Terms from time to time as - our business changes and technology evolves. New Relic will use +20. **Changes to Terms**. We may change these Terms from time to time as our + business changes and technology evolves. New Relic will use reasonable efforts to notify you of changes to these Terms as - provided in Section 22 (Notices). You may be required to click - through the modified Terms to show your acceptance and in any event - your continued use of the Developer Resources after the modification - constitutes your acceptance to the modifications. If you do not - agree to the modified Terms, your sole remedy is to terminate your - use of the Developer Resources as described in Section 13 - (Termination and Suspension). - -20. **Open Source Software**. Certain code in the Developer Resources - (e.g., SDKs) may be licensed under or include components subject to - "open source" software terms ("**OSS**"), as listed in the Developer - Documentation. The OSS licenses may grant you additional rights to - the OSS code itself and allow you to use the OSS outside of our - Developer Program. To be clear, though, when you use the OSS as part - of our Developer Program, you must comply with these Terms. - -21. **Pre-Release Versions**. New Relic may make available certain - Developer Resources on a pre-release or early access basis - ("**Pre-Release Versions**"). Use of Pre-Release Versions may be - subject to additional terms designated by New Relic. Pre-Release - Versions are optional and either party may terminate use at any time - for any reason. If you choose to use a Pre-Release Version, you - agree to provide Feedback at our reasonable request. Pre-Release - Versions may be inoperable, incomplete or include features that New - Relic may never release, and their features and performance - information are New Relic's Confidential Information. - -22. **Notices**. New Relic may provide you with notices and - communications at your email or physical address on file, through - the [Developer Site](http://developer.newrelic.com) or other - reasonable means. Any notices or communications to New Relic must be - sent to [legal@newrelic.com](mailto:legal@newrelic.com) or - New Relic, Inc., Attention: Legal Department - Developer Terms, 188 - Spear Street, Suite 1200, San Francisco, CA 94105. - -23. **Export**. The Developer Resources may be subject to export - restrictions by the United States government and import restrictions - by certain foreign governments, and you agree to comply with all - applicable export and import laws and regulations in your use of the - Developer Resources. You represent and warrant that you are not - located in a country subject to a U.S. Government embargo, or that - has been designated by the U.S. Government as a "terrorist - supporting" country, and that you are not listed on any U.S. - Government list of prohibited or restricted parties. - -24. **General**. These Terms are the parties' entire agreement and - supersede any prior or concurrent agreements relating to its subject - matter. Except as set forth in Section 19 (Changes to Terms), all - amendments or modifications must be in writing and signed by both - parties. The words "including" and similar terms are to be construed - without limitation. Failure to enforce any provision is not a waiver - and all waivers must be in writing. If any provision is found to be - unenforceable it (and related provisions) will be interpreted to - best accomplish its intended purpose. Developer may not assign, - transfer or delegate any right or obligations under these Terms and - any non-permitted assignment is void. New Relic may assign these - Terms and its rights and obligations to any of its affiliates or in - connection with a merger, reorganization, acquisition or other - transfer of all or substantially all of its assets or voting - securities to which these Terms relate. The parties are independent - contractors and these Terms do not create any agency, partnership or - joint venture. These Terms will be governed by and construed under - the laws of the State of California, as applied to agreements - entered into and to be performed in California by California - residents. The parties consent to the exclusive jurisdiction and - venue of the courts located in and serving San Francisco, - California. New Relic will not be liable to Developer for any delay - or failure to perform any obligation under these Terms if the delay - or failure is due to unforeseen events that are beyond its - reasonable control. The Developer Resources include commercial - computer software. If the user or licensee of such technology is an - agency, department or other entity of the United States Government, - the use, duplication, reproduction, release, modification, - disclosure or transfer of such technology, or any related - documentation of any kind, including technical data and manuals, is - restricted by these Terms in accordance with Federal Acquisition - Regulation 12.212 for civilian purposes and Defense Federal - Acquisition Regulation Supplement 227.7202 for military purposes. - The Developer Resources were developed fully at private expense. All + provided in Section 23 (Notices). You may be required to click + through the modified Terms to show your acceptance and in any + event your continued use of the Developer Resources after the + modification constitutes your acceptance to the modifications. If + you do not agree to the modified Terms, your sole remedy is to + terminate your use of the Developer Resources as described in + Section 14 (Termination and Suspension). + +21. **O**pen Source Software**. Certain code in the Developer Resources (e.g., + SDKs) may be licensed under or include components subject to + "open source" software terms ("**OSS\*\*"), as listed in the + Developer Documentation. The OSS licenses may grant you additional + rights to the OSS code itself and allow you to use the OSS outside + of our Developer Program. To be clear, though, when you use the + OSS as part of our Developer Program, you must comply with these + Terms. + +22. **Pre-Release Versions**. New Relic may make available certain Developer + Resources on a pre-release or early access basis ("Pre-Release + Versions"). Use of Pre-Release Versions may be subject to + additional terms designated by New Relic. Pre-Release Versions are + optional and either party may terminate use at any time for any + reason. If you choose to use a Pre-Release Version, you agree to + provide Feedback at our reasonable request. Pre-Release Versions + may be inoperable, incomplete or include features that New Relic + may never release, and their features and performance information + are New Relic's Confidential Information. + +23. **Notices**. New Relic may provide you with notices and communications + at your email or physical address on file, through the [Developer + Site](http://developer.newrelic.com/) or other reasonable + means. Any notices or communications to New Relic must be sent to + [legal@newrelic.com](https://developer.newrelic.com/terms/mailto:legal@newrelic.com) + or New Relic, Inc., Attention: Legal Department - Developer Terms, + 188 Spear Street, Suite 1200, San Francisco, CA 94105. + +24. **Export**. The Developer Resources may be subject to export + restrictions by the United States government and import + restrictions by certain foreign governments, and you agree to + comply with all applicable export and import laws and regulations + in your use of the Developer Resources. You represent and warrant + that you are not located in a country subject to a U.S. Government + embargo, or that has been designated by the U.S. Government as a + "terrorist supporting" country, and that you are not listed on + any U.S. Government list of prohibited or restricted parties. You + further agree that you will not access or use the New Relic + Service in violation of any U.S. export embargo, prohibition or + restriction; and will not submit to the New Relic Service any + information controlled under the U.S. International Traffic in + Arms Regulations. + +25. **General**. These Terms are the parties' entire agreement and + supersede any prior or concurrent agreements relating to its + subject matter. Except as set forth in Section 20 (Changes to + Terms), all amendments or modifications must be in writing and + signed by both parties. The words "including" and similar terms + are to be construed without limitation. Failure to enforce any + provision is not a waiver and all waivers must be in writing. If + any provision is found to be unenforceable it (and related + provisions) will be interpreted to best accomplish its intended + purpose. Developer may not assign, transfer or delegate any right + or obligations under these Terms and any non-permitted assignment + is void. New Relic may assign these Terms and its rights and + obligations to any of its affiliates or in connection with a + merger, reorganization, acquisition or other transfer of all or + substantially all of its assets or voting securities to which + these Terms relate. The parties are independent contractors and + these Terms do not create any agency, partnership or joint + venture. These Terms will be governed by and construed under the + laws of the State of California, as applied to agreements entered + into and to be performed in California by California residents. + The parties consent to the exclusive jurisdiction and venue of the + courts located in and serving San Francisco, California. New Relic + will not be liable to Developer for any delay or failure to + perform any obligation under these Terms if the delay or failure + is due to unforeseen events that are beyond its reasonable + control. The Developer Resources include commercial computer + software. If the user or licensee of such technology is an agency, + department or other entity of the United States Government, the + use, duplication, reproduction, release, modification, disclosure + or transfer of such technology, or any related documentation of + any kind, including technical data and manuals, is restricted by + these Terms in accordance with Federal Acquisition Regulation + 12.212 for civilian purposes and Defense Federal Acquisition + Regulation Supplement 227.7202 for military purposes. The + Developer Resources were developed fully at private expense. All other use is prohibited. From 7dedce39daaff8b8ea2b9f28410d5afaf0876885 Mon Sep 17 00:00:00 2001 From: John P Vajda Date: Mon, 20 Dec 2021 14:49:16 -0700 Subject: [PATCH 02/11] chore: added to contributing guide --- CONTRIBUTING.md | 38 ++++++++++++++++++++++++++++++++++++++ 1 file changed, 38 insertions(+) diff --git a/CONTRIBUTING.md b/CONTRIBUTING.md index f843ee48d..2ca5fdbab 100644 --- a/CONTRIBUTING.md +++ b/CONTRIBUTING.md @@ -48,6 +48,9 @@ - [How to identify new components, APIs](#how-to-identify-new-components-apis) - [Adding new components](#adding-new-components) - [Step 3: Add any new APIs or components to the navigation](#step-3-add-any-new-apis-or-components-to-the-navigation) + - [Updating Developer terms](#updating-developer-terms) + - [Developer terms tips](#developer-terms-tips) + - [Developer terms testing](#developer-terms-testing) @@ -443,3 +446,38 @@ If a component looks like it should be internal only, feel free to ask #help-one If there are new APIs or components, we will want to list them in the navigation so that a user can easily discover them. [Add an entry to `nav.yml`](https://github.com/newrelic/developer-website/blob/develop/src/data/nav.yml) to get the new API/component in the nav. + +## Updating Developer terms + +If you need to update the developer terms the following process can be used. +These terms only change when requested by New Relic Legal, and they should not be modified +unless requested by our legal team. + +The Developers terms are found [here](./src/markdown-pages/terms.mdx) + +1. Obtain the approved file from Legal, usually in the form of a `.docx` type. +2. Use a tool such as [Pandoc](https://pandoc.org/installing.html) to convert the file to markdown. +3. Run this command to convert the file: + +```sh +pandoc devterms.docx -o devterms.md +``` + +4. Start the process of updating the terms. + +### Developer terms tips + +It's very important all formatting stays the same as this is a legal document, so when making your changes +look for the following issues that can occur when using Pandoc. + +- `URL conversions` - many times a URL will be formatted incorrectly. +- `Spacing or tab issues` - can occur. Check the document is formatted correctly to align with legal standards. +- `Addition of / in place of commas or bolded text` - when converting a document this issue will occur. +- `Formatting of bullets` - sometimes bullets are formatted incorrectly. +- `Correct bolding of sub terms` - sub terms sometimes are combined into a single paragraph. + +### Developer terms testing + +1. Compare the original terms file to the changes you wish to make to look for issues and correct them as needed. Doing a split screen comparison can help you identify issues. +2. Review the terms on a preview branch after pushing your changes in a PR. +3. Have someone from the Legal team review the PR branch. From 90216e4fa31858ac964b220736991c793ede16ef Mon Sep 17 00:00:00 2001 From: John P Vajda Date: Mon, 20 Dec 2021 14:55:58 -0700 Subject: [PATCH 03/11] chore: fixed typos --- src/markdown-pages/terms.mdx | 16 ++++++++-------- 1 file changed, 8 insertions(+), 8 deletions(-) diff --git a/src/markdown-pages/terms.mdx b/src/markdown-pages/terms.mdx index 4b0e02d7e..71da6a126 100644 --- a/src/markdown-pages/terms.mdx +++ b/src/markdown-pages/terms.mdx @@ -83,7 +83,7 @@ Resources, you agree to be bound by these Terms. users and other third parties. In using the Developer Resources, you must comply with New Relic's Acceptable Use Policy currently available - [[here](https://docs.newrelic.com/docs/licenses/license-information/acceptable-use-policy/acceptable-use-policy) + [here](https://docs.newrelic.com/docs/licenses/license-information/acceptable-use-policy/acceptable-use-policy) ("**Acceptable Use Policy**"). You will not (and will not permit anyone else to): (a) use the Developer Resources except with the New Relic Service as permitted in these Terms; (b) sublicense, @@ -111,7 +111,7 @@ Resources, you agree to be bound by these Terms. 8. **Use of New Relic Marks**. Subject to these Terms, you may use the appropriate New Relic names, logos and trademarks designated in the New Relic Trademark Guidelines currently available - [[here](https://newrelic.com/about/media-assets) ("**New + [here](https://newrelic.com/about/media-assets) ("**New Relic Marks**") to promote your App's availability for use with the New Relic Service. Your use of New Relic Marks must comply with the New Relic Trademark Guidelines and (without limiting New @@ -242,12 +242,12 @@ Resources, you agree to be bound by these Terms. App for listing in the New Relic Catalog. a. **Submission**. To submit your App for potential listing in the New - Relic Catalog, you must follow New Relic's [[Listing - Requirements]{.ul}](https://newrelic.github.io/nr1-catalog/) and + Relic Catalog, you must follow New Relic's [Listing + Requirements](https://newrelic.github.io/nr1-catalog/) and provide: - i. Your App meeting the [[Listing - Requirements]{.ul}](https://newrelic.github.io/nr1-catalog/), + i. Your App meeting the [Listing + Requirements](https://newrelic.github.io/nr1-catalog/), including regarding security and coding practices, - ii. Listing information, trademarks and documentation @@ -487,9 +487,9 @@ makes available through its own or third party products or websites. terminate your use of the Developer Resources as described in Section 14 (Termination and Suspension). -21. **O**pen Source Software**. Certain code in the Developer Resources (e.g., +21. **Open Source Software**. Certain code in the Developer Resources (e.g., SDKs) may be licensed under or include components subject to - "open source" software terms ("**OSS\*\*"), as listed in the + "open source" software terms ("**OSS**"), as listed in the Developer Documentation. The OSS licenses may grant you additional rights to the OSS code itself and allow you to use the OSS outside of our Developer Program. To be clear, though, when you use the From 2b228de75c21877b46fe3c5ab67be3a7ab30d31c Mon Sep 17 00:00:00 2001 From: John P Vajda Date: Mon, 20 Dec 2021 16:06:52 -0700 Subject: [PATCH 04/11] chore: section formatting fix --- src/markdown-pages/terms.mdx | 82 ++++++++++++++++++------------------ 1 file changed, 41 insertions(+), 41 deletions(-) diff --git a/src/markdown-pages/terms.mdx b/src/markdown-pages/terms.mdx index 71da6a126..91bc57c8c 100644 --- a/src/markdown-pages/terms.mdx +++ b/src/markdown-pages/terms.mdx @@ -280,47 +280,47 @@ Resources, you agree to be bound by these Terms. including by permitting End Users to enable and deploy your App with their New Relic Service accounts. -New Relic's license rights are worldwide, non-exclusive, royalty-free -and fully paid-up and sublicensable through multiple tiers. New Relic -retains sole discretion and control over the placement, look and feel -of the New Relic Catalog. - -d. **End User Deployment**. If New Relic lists your App on the New Relic -Catalog, interested end users may select and deploy your App with -their New Relic Service accounts. New Relic does not guarantee any end -users will search for or use your App. - -e. **End User Terms**. You are responsible for your End User Terms and how -you present them to end users and obtain their agreement. Your End -User Terms must be consistent with your rights and obligations in -these Terms (including regarding End User Data and any termination, -suspension or take-down of your App), and you agree your App will not -be licensed under a Copyleft License. New Relic is not a party to your -End User Terms and is not responsible for how end users use your App -or for enforcing your End User Terms. "**Copyleft License**" means any -OSS license that seeks to require any party that uses, modifies or -distributes the licensed code to make such code (or modification or -derivative work thereof) or any other code that may be combined with -or linked to such code available in source code form or that may -impose any other obligation or restriction with respect to such -party's patent or other intellectual property rights (such as, for -example purposes only, any version of the GPL or LGPL, Affero, CPL, -CDDL, Eclipse or Mozilla licenses). - -f. **Take-Downs**. You may request that we take-down your App from the New -Relic Catalog at any time by contacting -[opensource+nr1-catalog@newrelic.com](https://developer.newrelic.com/terms/mailto:opensource+nr1-catalog@newrelic.com). -We will use commercially reasonable efforts to promptly remove your -App from the New Relic Catalog following receipt of your request. In -addition to its other rights, New Relic may temporarily or permanently -take-down any App listed in the New Relic Catalog in its discretion, -without notice to you. Section 14.c (Wind-Down) will apply following -any take-down pursuant to this Section 11.f. - -g. **New Relic Catalog**. "**New Relic Catalog**" means (i) the New Relic -One Catalog that New Relic makes available in connection with the New -Relic Service and (ii) any other App listing or catalog that New Relic -makes available through its own or third party products or websites. + New Relic's license rights are worldwide, non-exclusive, royalty-free + and fully paid-up and sublicensable through multiple tiers. New Relic + retains sole discretion and control over the placement, look and feel + of the New Relic Catalog. + + d. **End User Deployment**. If New Relic lists your App on the New Relic + Catalog, interested end users may select and deploy your App with + their New Relic Service accounts. New Relic does not guarantee any end + users will search for or use your App. + + e. **End User Terms**. You are responsible for your End User Terms and how + you present them to end users and obtain their agreement. Your End + User Terms must be consistent with your rights and obligations in + these Terms (including regarding End User Data and any termination, + suspension or take-down of your App), and you agree your App will not + be licensed under a Copyleft License. New Relic is not a party to your + End User Terms and is not responsible for how end users use your App + or for enforcing your End User Terms. "**Copyleft License**" means any + OSS license that seeks to require any party that uses, modifies or + distributes the licensed code to make such code (or modification or + derivative work thereof) or any other code that may be combined with + or linked to such code available in source code form or that may + impose any other obligation or restriction with respect to such + party's patent or other intellectual property rights (such as, for + example purposes only, any version of the GPL or LGPL, Affero, CPL, + CDDL, Eclipse or Mozilla licenses). + + f. **Take-Downs**. You may request that we take-down your App from the New + Relic Catalog at any time by contacting + [opensource+nr1-catalog@newrelic.com](https://developer.newrelic.com/terms/mailto:opensource+nr1-catalog@newrelic.com). + We will use commercially reasonable efforts to promptly remove your + App from the New Relic Catalog following receipt of your request. In + addition to its other rights, New Relic may temporarily or permanently + take-down any App listed in the New Relic Catalog in its discretion, + without notice to you. Section 14.c (Wind-Down) will apply following + any take-down pursuant to this Section 11.f. + + g. **New Relic Catalog**. "**New Relic Catalog**" means (i) the New Relic + One Catalog that New Relic makes available in connection with the New + Relic Service and (ii) any other App listing or catalog that New Relic + makes available through its own or third party products or websites. 12. **Ownership**. New Relic does not claim ownership of your Apps (other than our own technology) and you reserve all rights not expressly From 3e89f0cecf419c30f1c59a3beab4f1283b4765f4 Mon Sep 17 00:00:00 2001 From: John P Vajda Date: Tue, 21 Dec 2021 14:20:34 -0700 Subject: [PATCH 05/11] chore: added time stamps --- src/markdown-pages/terms.mdx | 6 ++++++ 1 file changed, 6 insertions(+) diff --git a/src/markdown-pages/terms.mdx b/src/markdown-pages/terms.mdx index 91bc57c8c..dbc04ff9d 100644 --- a/src/markdown-pages/terms.mdx +++ b/src/markdown-pages/terms.mdx @@ -4,6 +4,8 @@ description: 'Developer terms and conditions' template: 'GuideTemplate' --- +_Last Updated: December 22, 2021_ + **New Relic Developer Terms** Welcome to New Relic's developer program ("**Developer Program**")! We @@ -566,3 +568,7 @@ Resources, you agree to be bound by these Terms. Regulation Supplement 227.7202 for military purposes. The Developer Resources were developed fully at private expense. All other use is prohibited. + +**Prior Terms of Service versions** + +- [July 27, 2021]() From 77b8f6a8db26dbf6ddfcd2f95398b8cda47a38cc Mon Sep 17 00:00:00 2001 From: John P Vajda Date: Tue, 21 Dec 2021 14:29:37 -0700 Subject: [PATCH 06/11] chore: added prior terms of service page --- src/markdown-pages/terms-jul-27-2021.mdx | 381 +++++++++++++++++++++++ src/markdown-pages/terms.mdx | 2 +- 2 files changed, 382 insertions(+), 1 deletion(-) create mode 100644 src/markdown-pages/terms-jul-27-2021.mdx diff --git a/src/markdown-pages/terms-jul-27-2021.mdx b/src/markdown-pages/terms-jul-27-2021.mdx new file mode 100644 index 000000000..f402c0e10 --- /dev/null +++ b/src/markdown-pages/terms-jul-27-2021.mdx @@ -0,0 +1,381 @@ +--- +title: "Terms and conditions: Jul 27, 2021" +description: "Developer terms and conditions" +template: "GuideTemplate" +--- + +_Last updated: July 27, 2021_ + +**New Relic Developer Terms** + +Welcome to New Relic's developer program ("**Developer Program**")! We +are excited that you're here. Our intent is to maintain a vibrant +software development community. We require that all users that develop +on the New Relic platform adhere to these terms. + +These terms ("**Terms**") apply to participation in the Developer +Program and form a legal agreement between you ("**you**" or +"**Developer**") and New Relic, Inc. ("**New Relic**", "**we**", +"**our**" or "**us**"), so please read them carefully. If you are +entering into these Terms on behalf of a company, organization or +another legal entity, then "you" or "Developer" means that entity, and +you represent and warrant that you have the authority to bind that +entity to these Terms. Please ensure you have that authority, since +otherwise you may not accept these Terms or use the Developer Resources. +New Relic may modify these Terms from time to time, subject to Section +19 (Changes to Terms) below. **By clicking "I agree" (or a similar +button) or by accessing or using the Developer Resources, you agree to +be bound by these Terms.** + +1. **Introduction.** Our Developer Resources help you build apps, + add-ons and features that extend, augment or complement the New + Relic Service ("**Apps**"). The "**Developer Resources**" are the + APIs, SDKs, sample code, Developer Accounts, command line + interfaces, tokens, credentials and other resources we provide as + part of the Developer Program, as described on the [Developer Site](http://developer.newrelic.com). The "**New Relic Service**" is our SaaS offering and related software, + which we provide under separate terms ("**New Relic Terms of Service**"). + +2. **How These Terms Apply.** These Terms apply if you use our + Developer Resources to build or manage Apps. Any use of the New + Relic Service itself (including our standard tools and APIs that + help you configure usage or retrieve your data) remains subject to + the New Relic Terms of Service, not these Terms. + +3. **Registration**. To access or use the Developer Resources, you need + to complete any registration or credentialing requirements + established by New Relic. + +4. **Use of Developer Resources.** Subject to these Terms, you may use + the Developer Resources to enable your Apps to interface with the + New Relic Service. Your use is subject to the developer + documentation currently available on the [Developer Site](http://developer.newrelic.com) + or otherwise provided by New Relic ("**Developer Documentation**"), + which is considered part of the Developer Resources. Your rights are limited, + non-exclusive, non-sublicensable and non-transferable. You may permit your agents + and contractors to exercise your rights on your behalf, provided you + remain responsible for their compliance with these Terms. + +5. **Developer Account.** New Relic may offer test or sandbox accounts + as part of the Developer Program ("**Developer Accounts**"), which + you may use only for internal development or testing of your Apps as + part of your rights in Section 4 (Use of Developer Resources). + Because Developer Accounts are for development or testing purposes + only, you may not use personally identifiable or production data + with Developer Accounts (and no End User Data). New Relic has no + security, privacy or other responsibility for data contained in + Developer Accounts and may access, modify or delete such data at any + time for any reason. You may not provide access to your Developer + Accounts to anyone else. Developer Accounts may be subject to + additional usage restrictions as set forth from time to time in the + Developer Documentation. + +6. **Access Limits; Compliance**. New Relic may (but is not required + to) monitor your use of the Developer Resources and how your Apps + interact with the New Relic Service, including to ensure your + compliance with these Terms. You agree to cooperate with our + reasonable inquiries and, upon request, provide us with proof that + your use of the Developer Resources and your Apps comply with these + Terms. From time to time New Relic may also place limits on access + (e.g., limits on number of API calls). + +7. **Restrictions**. We expect all developers to respect New Relic, end + users and other third parties. In using the Developer Resources, you + must comply with New Relic's Acceptable Use Policy currently + available + [here](https://docs.newrelic.com/docs/licenses/license-information/acceptable-use-policy/acceptable-use-policy) + ("**Acceptable Use Policy**"). You will not (and will not permit + anyone else to): (a) use the Developer Resources except with the New + Relic Service as permitted in these Terms; (b) sublicense, sell, + distribute or grant third parties access to the Developer Resources, + other than your agents and contractors (see Section 4) or as + permitted in the Developer Documentation (e.g., distributable + elements of SDKs); (c) use the Developer Resources for competitive + purposes, with Apps that substantially replicate features of the New + Relic Service or to circumvent any intended limitations of the New + Relic Service (e.g., payment of fees or user access structures); (d) + reverse engineer, modify or create derivative works of the Developer + Resources; (e) access the Developer Resources through means other + than the tokens and credentials we provide; (f) make calls using an + App not driven by bona fide end user requests (except for reasonable + testing); (g) publish benchmarks or performance information + regarding the Developer Resources; (h) test the performance, + bandwidth or capacity of the Developer Resources or New Relic + Service or disrupt their integrity or performance; (i) transmit any + viruses, illegal content or other harmful materials to the Developer + Resources or New Relic end users; or (j) take any action that would + subject the Developer Resources or New Relic Service to any open + source licenses or other third party terms. + +8. **Use of New Relic Marks**. Subject to these Terms, you may use the + appropriate New Relic names, logos and trademarks designated in + the New Relic Trademark Guidelines currently available + [here](https://newrelic.com/about/media-assets) ("**New Relic + Marks**") to promote your App's availability for use with the New + Relic Service. Your use of New Relic Marks must comply with the New + Relic Trademark Guidelines and (without limiting New Relic's other + termination rights) you must promptly cease any use of New Relic + Marks upon notice by New Relic. You receive no other rights to New + Relic Marks under these Terms. All goodwill arising from use of New + Relic Marks belongs to New Relic. + +9. **Your Responsibilities.** You and your Apps must meet important + standards related to privacy, security, business practices and user + experience, as set out below. + + a. **Your Apps and End Users**. You are solely responsible, at your own expense, for your Apps (including their operation, components, integrations and support) and your relationships and agreements with end users regarding your Apps. + + b. **Support**. You will provide end users with reasonable web-based and/or email support for your Apps. You will also provide New Relic with a current email address to which New Relic may direct end user inquiries about your Apps and designate a support contact (name and email address) for New Relic. + + c. **End User Data**. An end user may enable you or your App to access certain of its data, content or information within the New Relic Service ("**End User Data**"). You may access and process End User Data only to the extent enabled by the end user and as necessary to provide your Apps to that end user. You will ensure that all End User Data is collected, processed, transmitted, maintained and used in accordance with: (i) your agreement with the end user and a legally adequate privacy policy ("**End User Terms**"), and appropriate notices to and consents from end users, (ii) all laws, rules, regulations or orders, including those relating to data privacy, data transfer, international communications or the export of technical or personal data ("**Laws**") and (iii) industry-standard technical, administrative and physical security measures that protect the security and privacy of all End User Data. New Relic is not responsible for any regulatory action or claim to which you may be subject in connection with your Apps. New Relic is also not responsible for any transmission, disclosure, modification or deletion of End User Data in the New Relic Service by, through or resulting from an App. + + d. **Security Breaches.** In case of any suspected or actual security breach affecting your App or End User Data, you must immediately notify New Relic and cooperate with New Relic to remediate the issue and mitigate its effects. You must obtain New Relic's approval for any security breach notifications to end users that refer directly or indirectly to New Relic. + + e. **New Relic Customer Terms.** Use of the New Relic Service requires each end user to have a valid subscription subject to the New Relic Terms of Service. You will not facilitate or encourage any end user to violate the New Relic Terms of Service or Acceptable Use Policy. For clarity, if New Relic receives any data from you or your Apps on an end user's behalf, such data will be subject solely to the New Relic Terms of Service with the end user, and such data will no longer be subject to your own terms with the end user. + + f. **Fees.** You may not directly or indirectly charge end users for use of, or access to, the functionality of the Developer Resources. If you charge any fees for your Apps, you are solely responsible for collecting those fees independently from New Relic and the New Relic Catalog. You are also responsible for any related refunds or liabilities to end users and for any associated end user communications under Section 13.d (End User Communications). These Terms grant you no right to distribute or resell the Developer Resources or New Relic Service. + + g. **Your Representations and Warranties.** You represent and warrant that: (i) you have full power and authority to enter into and perform these Terms and to exploit your Apps without violating any other agreement; (ii) your Apps and their use will not violate any Laws or third party rights (including intellectual property rights, and rights of privacy or publicity), and you will notify New Relic if your Apps become subject to any claim or complaint regarding violation of Laws or third party rights; (iii) all information you provide to New Relic is and will be true, accurate and complete (and you will keep such information up-to-date); and (iv) you will not interfere with New Relic's business practices or the way in which it licenses or distributes the Developer Resources or New Relic Service. You agree not to: (A) suggest any affiliation with New Relic (including that New Relic sponsors, endorses or guarantees your Apps) except for the relationship expressly contemplated in these Terms or (B) make any representations, warranties or commitments on New Relic's behalf or regarding the Developer Resources or New Relic Service. + + h. **Indemnification.** You will indemnify, defend (at New Relic's request) and hold harmless New Relic and its affiliates and their respective directors, officers, employees, agents, contractors, end users and licensees from and against any regulatory actions, claims, losses, costs, expenses (including reasonable attorneys' fees), damages or liabilities based on or arising from (i) your Apps, (ii) your relationships or interactions with any end users or third parties in connection with your Apps, or (iii) your breach or alleged breach of these Terms. New Relic may, at its own expense, participate in the defense and settlement of any claim with its own counsel, and you may not settle a claim without New Relic's prior written consent (not to be unreasonably withheld). + +10. **Listings**. This Section 10 applies only if you choose to submit + your App for listing in the New Relic Catalog. + + a. **Submission**. To submit your App for potential listing in the New Relic Catalog, you must follow New Relic's [Listing Requirements](https://newrelic.github.io/nr1-catalog/) and provide: + + i. Your App meeting the [Listing + Requirements](https://newrelic.github.io/nr1-catalog/), + including regarding security and coding practices, + + - ii. Listing information, trademarks and documentation + ("**Listing Materials**"), + + - iii. End User Terms for your App, and + + - iv. Other related materials that we reasonably request. + + b. **Approval**. New Relic may approve or reject any submitted App in its sole discretion and reserves the right to test Apps against the Listing Requirements and other security and performance criteria. You remain solely responsible for your Apps despite any New Relic approval. + + c. **New Relic Rights**. If New Relic approves your submitted App, you hereby grant New Relic a license to: + + - i. List your App in the New Relic Catalog; + + - ii. Copy, distribute, publicly perform and display, and create + derivative works of your Listing Materials, and + screenshots of your App's use with the New Relic Service, + in order to market and promote your App, the New Relic + Catalog and the New Relic Service (but we will not change + your trademarks except for sizing and formatting); and + + - iii. Use, host, copy, distribute, publicly perform and display + your App to permit your App to operate with the New Relic + Service, including by permitting End Users to enable and + deploy your App with their New Relic Service accounts. + + New Relic's license rights are worldwide, non-exclusive, royalty-free + and fully paid-up and sublicensable through multiple tiers. New Relic + retains sole discretion and control over the placement, look and feel + of the New Relic Catalog. + + d. **End User Deployment**. If New Relic lists your App on the New Relic Catalog, interested end users may select and deploy your App with their New Relic Service accounts. New Relic does not guarantee any end users will search for or use your App. + + e. **End User Terms**. You are responsible for your End User Terms and how you present them to end users and obtain their agreement. Your End User Terms must be consistent with your rights and obligations in these Terms (including regarding End User Data and any termination, suspension or take-down of your App), and you agree your App will not be licensed under a Copyleft License. New Relic is not a party to your End User Terms and is not responsible for how end users use your App or for enforcing your End User Terms. "**Copyleft License**" means any OSS license that seeks to require any party that uses, modifies or distributes the licensed code to make such code (or modification or derivative work thereof) or any other code that may be combined with or linked to such code available in source code form or that may impose any other obligation or restriction with respect to such party's patent or other intellectual property rights (such as, for example purposes only, any version of the GPL or LGPL, Affero, CPL, CDDL, Eclipse or Mozilla licenses). + + f. **Take-Downs**. You may request that we take-down your App from the New Relic Catalog at any time by contacting [opensource+nr1-catalog@newrelic.com](mailto:opensource+nr1-catalog@newrelic.com). We will use commercially reasonable efforts to promptly remove your App from the New Relic Catalog following receipt of your request. In addition to its other rights, New Relic may temporarily or permanently take-down any App listed in the New Relic Catalog in its discretion, without notice to you. Section 13.c (Wind-Down) will apply following any take-down pursuant to this Section 10.f. + + g. **New Relic Catalog**. "**New Relic Catalog**" means (i) the New Relic One Catalog that New Relic makes available in connection with the New Relic Service and (ii) any other App listing or catalog that New Relic makes available through its own or third party products or websites. + +11. **Ownership**. New Relic does not claim ownership of your Apps + (other than our own technology) and you reserve all rights not + expressly granted in these Terms. New Relic and its licensors retain + all ownership and other rights (including all intellectual property + rights) in the Developer Resources, the New Relic Service and our + related technology. Providing feedback, comments, or suggestions + about the Developer Program or Developer Resources + (**"Feedback"**) to New Relic is wholly voluntary. New Relic may + freely use Feedback for any purpose. + +12. **Support; Changes**. New Relic has no obligation to provide + maintenance or support for the Developer Resources or your Apps, or + to fix any errors or defects. New Relic may change the Developer + Resources from time to time as our business changes and technology + evolves, and future versions of the Developer Resources may not be + compatible with Apps built using previous versions. We typically + make these changes as part our overall Developer Program and are + unable to provide notice of the changes to developers individually. + New Relic will have no liability resulting from these changes. + +13. **Termination and Suspension.** These Terms remain in effect until + terminated. + + a. **By Developer**. Developer may terminate these Terms at any time by ceasing all use of the Developer Resources. + + b. **By New Relic**. New Relic may terminate or suspend these Terms or your access to or right to use the Developer Resources (in whole or in part): (i) for no reason or any reason upon 15 days' notice to you, (ii) immediately (A) if you breach any provision of these Terms, (B) if New Relic is required to do so by Laws, (C) if New Relic ceases offering the Developer Resources, (D) in case of any security breach or other concern under Section 9.d (Security Breaches), or (E) if New Relic otherwise determines in its discretion that such action is necessary to avoid harm, liability or reputational damage to New Relic, the Developer Resources, the New Relic Service, or any end user. For clarity, suspension may include disabling your Apps. + + c. **Wind-Down**. Following any termination of these Terms, at New Relic's request (i) the parties will cooperate to effectuate an orderly wind-down and (ii) these Terms will continue in effect for up to 90 days to enable deployed end users to continue using your Apps. + + d. **End User Communications**. In the event of any termination, suspension or take-down under this Section 13 or Section 10.f (Take-Downs), Developer remains responsible for managing its own end user relationships and communications, including as relates to any transition to alternate Developer offerings or any impact on fees, refunds or commercial terms with end users. Developer will ensure that any such end user communications are accurate and conducted in a positive and professional manner, consistent with any guidelines New Relic may provide. + + e. **Effect of Termination**. Upon any termination, subject to Section 13.c (Wind-Down) (i) your rights to use the Developer Resources and New Relic Marks will immediately terminate and you will cease all such use, (ii) you will return or destroy all Confidential Information (as requested by New Relic) and (iii) Sections 9 (Your Responsibilities), 11 (Ownership) and 13 (Termination and Suspension) through 24 (General) will survive. After termination, you will have no further access to any data or content that you submitted to New Relic relating to the Developer Resources. + + f. **No Obligation or Liability**. New Relic will have no obligation or liability resulting from termination, suspension or take-down as described in this Section 13 or Section 10.f (Take-Downs). + +14. **Disclaimer of Warranties.** TO THE FULL EXTENT PERMITTED BY LAW, + THE DEVELOPER RESOURCES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" + AND NEW RELIC AND ITS THIRD-PARTY LICENSORS DISCLAIM ALL + REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED + OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, + TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. NEW RELIC MAKES + NO REPRESENTATION, WARRANTY OR GUARANTEE RELATED TO RELIABILITY, + ACCURACY OR COMPLETENESS OF THE DEVELOPER RESOURCES, THAT NEW RELIC + WILL CONTINUE TO OFFER THE DEVELOPER RESOURCES OR THAT USE OF THE + DEVELOPER RESOURCES WILL BE SECURE, TIMELY, UNINTERRUPTED, + ERROR-FREE OR MEET DEVELOPER'S REQUIREMENTS OR EXPECTATIONS. You may + have other statutory rights, in which case the disclaimers above + will apply to the full extent permitted by law. + +15. **Limitations of Liability.** TO THE FULL EXTENT PERMITTED BY LAW, + IN NO EVENT WILL NEW RELIC BE LIABLE (i) FOR ANY LOSS OF USE, LOST + DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS OR + ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY + KIND (INCLUDING LOST PROFITS OR LOST DATA), EVEN IF INFORMED OF THE + POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR (ii) IN ANY EVENT, FOR ANY + DAMAGES OR LIABILITIES EXCEEDING ONE HUNDRED U.S. DOLLARS (\$100), + ARISING FROM OR RELATING TO THESE TERMS, USE OF THE DEVELOPER + RESOURCES, YOUR APPS OR THEIR COMBINATION OR INTERACTION WITH THE + DEVELOPER RESOURCES OR NEW RELIC SERVICE. NOTWITHSTANDING ANYTHING + TO THE CONTRARY, NEW RELIC HAS NO WARRANTY, INDEMNIFICATION OR OTHER + OBLIGATION OR LIABILITY WITH RESPECT TO YOUR APPS OR THEIR + COMBINATION, INTERACTION OR USE WITH THE DEVELOPER RESOURCES OR NEW + RELIC SERVICE. You acknowledge and agree that this Section 15 + reflects a reasonable allocation of risk and will apply regardless + of the form of action or legal theory, whether in contract, tort + (including negligence), strict liability or otherwise, and that New + Relic would not enter into these Terms without these liability + limitations. This Section will survive even if any limited remedy + fails of its essential purpose. + +16. **New Relic Confidential Information.** Any non-public elements of + the Developer Resources and any other information disclosed by New + Relic that is marked as confidential or proprietary or that should + reasonably be understood to be confidential or proprietary from the + circumstances of disclosure is **"Confidential Information."** + Confidential Information does not include any information that: (i) + is or becomes generally known to the public; (ii) was known to you + before its disclosure by New Relic; or (iii) is received from a + third party, in each case without breach of an obligation owed to + New Relic or anyone else. You will (A) maintain Confidential + Information in confidence (using at least the same measures as for + your own confidential information, and no less than reasonable care) + and not divulge it to any third party and (B) only use Confidential + Information to fulfill your obligations under these Terms. If you + are compelled by law to disclose Confidential Information, you must + provide New Relic with prior notice of such compelled disclosure (to + the extent legally permitted) and reasonable assistance if New Relic + wishes to contest the disclosure. If you breach or threaten breach + of this Section 16, it could cause substantial harm for which + damages are inadequate and New Relic will have the right to seek + injunctive relief in addition to other remedies. + +17. **Independent Development; Information You Provide Not + Confidential.** New Relic develops a variety of offerings and works + with many other developers and partners, and either New Relic or + these third parties could in the future develop (or already have + developed) products, services, concepts or features similar to + yours. Nothing limits New Relic's right to do so, though this + Section itself does not grant us any license under your intellectual + property rights. Unless separately set forth in another agreement, + New Relic has no confidentiality obligations for information you + submit in connection with the Developer Program. + +18. **Usage Data**. In addition to New Relic's other rights, New Relic + may collect certain data and information regarding your use of the + [Developer Site](http://developer.newrelic.com) and Developer + Resources, including data about your data pulls or requests, and + your Apps (**"Usage Data"**). We may use and exploit Usage Data for + any purpose in connection with operating, improving and supporting + the Developer Program and Developer Resources. + +19. **Changes to Terms**. We may change these Terms from time to time as + our business changes and technology evolves. New Relic will use + reasonable efforts to notify you of changes to these Terms as + provided in Section 22 (Notices). You may be required to click + through the modified Terms to show your acceptance and in any event + your continued use of the Developer Resources after the modification + constitutes your acceptance to the modifications. If you do not + agree to the modified Terms, your sole remedy is to terminate your + use of the Developer Resources as described in Section 13 + (Termination and Suspension). + +20. **Open Source Software**. Certain code in the Developer Resources + (e.g., SDKs) may be licensed under or include components subject to + "open source" software terms ("**OSS**"), as listed in the Developer + Documentation. The OSS licenses may grant you additional rights to + the OSS code itself and allow you to use the OSS outside of our + Developer Program. To be clear, though, when you use the OSS as part + of our Developer Program, you must comply with these Terms. + +21. **Pre-Release Versions**. New Relic may make available certain + Developer Resources on a pre-release or early access basis + ("**Pre-Release Versions**"). Use of Pre-Release Versions may be + subject to additional terms designated by New Relic. Pre-Release + Versions are optional and either party may terminate use at any time + for any reason. If you choose to use a Pre-Release Version, you + agree to provide Feedback at our reasonable request. Pre-Release + Versions may be inoperable, incomplete or include features that New + Relic may never release, and their features and performance + information are New Relic's Confidential Information. + +22. **Notices**. New Relic may provide you with notices and + communications at your email or physical address on file, through + the [Developer Site](http://developer.newrelic.com) or other + reasonable means. Any notices or communications to New Relic must be + sent to [legal@newrelic.com](mailto:legal@newrelic.com) or + New Relic, Inc., Attention: Legal Department - Developer Terms, 188 + Spear Street, Suite 1200, San Francisco, CA 94105. + +23. **Export**. The Developer Resources may be subject to export + restrictions by the United States government and import restrictions + by certain foreign governments, and you agree to comply with all + applicable export and import laws and regulations in your use of the + Developer Resources. You represent and warrant that you are not + located in a country subject to a U.S. Government embargo, or that + has been designated by the U.S. Government as a "terrorist + supporting" country, and that you are not listed on any U.S. + Government list of prohibited or restricted parties. + +24. **General**. These Terms are the parties' entire agreement and + supersede any prior or concurrent agreements relating to its subject + matter. Except as set forth in Section 19 (Changes to Terms), all + amendments or modifications must be in writing and signed by both + parties. The words "including" and similar terms are to be construed + without limitation. Failure to enforce any provision is not a waiver + and all waivers must be in writing. If any provision is found to be + unenforceable it (and related provisions) will be interpreted to + best accomplish its intended purpose. Developer may not assign, + transfer or delegate any right or obligations under these Terms and + any non-permitted assignment is void. New Relic may assign these + Terms and its rights and obligations to any of its affiliates or in + connection with a merger, reorganization, acquisition or other + transfer of all or substantially all of its assets or voting + securities to which these Terms relate. The parties are independent + contractors and these Terms do not create any agency, partnership or + joint venture. These Terms will be governed by and construed under + the laws of the State of California, as applied to agreements + entered into and to be performed in California by California + residents. The parties consent to the exclusive jurisdiction and + venue of the courts located in and serving San Francisco, + California. New Relic will not be liable to Developer for any delay + or failure to perform any obligation under these Terms if the delay + or failure is due to unforeseen events that are beyond its + reasonable control. The Developer Resources include commercial + computer software. If the user or licensee of such technology is an + agency, department or other entity of the United States Government, + the use, duplication, reproduction, release, modification, + disclosure or transfer of such technology, or any related + documentation of any kind, including technical data and manuals, is + restricted by these Terms in accordance with Federal Acquisition + Regulation 12.212 for civilian purposes and Defense Federal + Acquisition Regulation Supplement 227.7202 for military purposes. + The Developer Resources were developed fully at private expense. All + other use is prohibited. diff --git a/src/markdown-pages/terms.mdx b/src/markdown-pages/terms.mdx index dbc04ff9d..501dce3f4 100644 --- a/src/markdown-pages/terms.mdx +++ b/src/markdown-pages/terms.mdx @@ -571,4 +571,4 @@ Resources, you agree to be bound by these Terms. **Prior Terms of Service versions** -- [July 27, 2021]() +- [July 27, 2021](./src/markdown-pages/terms-jul-27-2021.mdx) From c5181e4b5e55863bbc2463923d5bbeec0bebe919 Mon Sep 17 00:00:00 2001 From: John P Vajda Date: Tue, 21 Dec 2021 14:35:44 -0700 Subject: [PATCH 07/11] chore: fixes path to old terms --- src/markdown-pages/terms.mdx | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/src/markdown-pages/terms.mdx b/src/markdown-pages/terms.mdx index 501dce3f4..feae00b83 100644 --- a/src/markdown-pages/terms.mdx +++ b/src/markdown-pages/terms.mdx @@ -571,4 +571,4 @@ Resources, you agree to be bound by these Terms. **Prior Terms of Service versions** -- [July 27, 2021](./src/markdown-pages/terms-jul-27-2021.mdx) +- [July 27, 2021](/terms-jul-27-2021) From 41efbf59a1d18612019f41a7f680f10d8e4909fe Mon Sep 17 00:00:00 2001 From: John P Vajda Date: Wed, 22 Dec 2021 13:30:23 -0700 Subject: [PATCH 08/11] chore: added june 2020 terms --- src/markdown-pages/terms-jun-20-2020.mdx | 0 src/markdown-pages/terms.mdx | 1 + 2 files changed, 1 insertion(+) create mode 100644 src/markdown-pages/terms-jun-20-2020.mdx diff --git a/src/markdown-pages/terms-jun-20-2020.mdx b/src/markdown-pages/terms-jun-20-2020.mdx new file mode 100644 index 000000000..e69de29bb diff --git a/src/markdown-pages/terms.mdx b/src/markdown-pages/terms.mdx index feae00b83..74393637b 100644 --- a/src/markdown-pages/terms.mdx +++ b/src/markdown-pages/terms.mdx @@ -572,3 +572,4 @@ Resources, you agree to be bound by these Terms. **Prior Terms of Service versions** - [July 27, 2021](/terms-jul-27-2021) +- [June 20, 2020](/terms-jun-20-2020) From 5597231452f3847d56ef9ad2ed45955a4ee1cd2a Mon Sep 17 00:00:00 2001 From: John P Vajda Date: Wed, 22 Dec 2021 13:32:06 -0700 Subject: [PATCH 09/11] chore: typo --- src/markdown-pages/terms-jun-20-2020.mdx | 84 ++++++++++++++++++++++++ 1 file changed, 84 insertions(+) diff --git a/src/markdown-pages/terms-jun-20-2020.mdx b/src/markdown-pages/terms-jun-20-2020.mdx index e69de29bb..a454fe2c6 100644 --- a/src/markdown-pages/terms-jun-20-2020.mdx +++ b/src/markdown-pages/terms-jun-20-2020.mdx @@ -0,0 +1,84 @@ +--- +path: '/terms' +title: 'Terms and conditions: Jul 27, 2020' +description: 'Developer terms and conditions' +template: 'GuideTemplate' +--- + +_Last updated: June 12, 2020_ + +Welcome to New Relic's developer program ("**Developer Program**")! We are excited that you're here. Our intent is to maintain a vibrant software development community. We require that all users that develop on the New Relic platform adhere to these terms. + +These terms ("**Terms**") apply to participation in the Developer Program and form a legal agreement between you ("**you**" or "**Developer**") and New Relic, Inc. (**"New Relic", "we", "our",** or** "us"**), so please read them carefully. If you are entering into these Terms on behalf of a company, organization or another legal entity, then "you" or "Developer" means that entity, and you represent and warrant that you have the authority to bind that entity to these Terms. Please ensure you have that authority, since otherwise you may not accept these Terms or use the Developer Resources. New Relic may modify these Terms from time to time, subject to Section 19 (Changes to Terms) below. **By clicking "I agree" (or a similar button) or by accessing or using the Developer Resources, you agree to be bound by these Terms.** + +1. **Introduction.** Our Developer Resources help you build add-ons and features that extend, augment or complement the New Relic Service ("**Nerdpacks**"). The "**Developer Resources**" are the APIs, SDKs, sample code, Developer Accounts, command line interfaces, tokens, credentials and other resources we provide as part of the Developer Program, as described on the [Developer Site](http://developer.newrelic.com/). The "**New Relic Service**" is our SaaS offering and related software, which we provide under separate terms ("**New Relic Terms of Service**"). + +2. **How These Terms Apply.** These Terms apply if you use our Developer Resources to build or manage Nerdpacks. Any use of the New Relic Service itself (including our standard tools and APIs that help you configure usage or retrieve your data) remains subject to the New Relic Terms of Service, not these Terms. + +3. **Registration.** To access or use the Developer Resources, you need to complete any registration or credentialing requirements established by New Relic. + +4. **Use of Developer Resources.** Subject to these Terms, you may use the Developer Resources to enable your Nerdpacks to interface with the New Relic Service. Your use is subject to the developer documentation currently available on the [Developer Site](http://developer.newrelic.com/) or otherwise provided by New Relic ("**Developer Documentation**"), which is considered part of the Developer Resources. Your rights are limited, non-exclusive, non-sublicensable and non-transferable. You may permit your agents and contractors to exercise your rights on your behalf, provided you remain responsible for their compliance with these Terms. + +5. **Developer Account**. New Relic may offer test or sandbox accounts as part of the Developer Program ("**Developer Accounts**"), which you may use only for internal development or testing of your Nerdpacks as part of your rights in Section 4 (Use of Developer Resources). Because Developer Accounts are for development or testing purposes only, you may not use personally identifiable or production data with Developer Accounts (and no End User Data). New Relic has no security, privacy or other responsibility for data contained in Developer Accounts and may access, modify or delete such data at any time for any reason. You may not provide access to your Developer Accounts to anyone else. Developer Accounts may be subject to additional usage restrictions as set forth from time to time in the Developer Documentation. + +6. **Access Limits; Compliance.** New Relic may (but is not required to) monitor your use of the Developer Resources and how your Nerdpacks interact with the New Relic Service, including to ensure your compliance with these Terms. You agree to cooperate with our reasonable inquiries and, upon request, provide us with proof that your use of the Developer Resources and your Nerdpacks comply with these Terms. From time to time New Relic may also place limits on access (e.g., limits on number of API calls). + +7. **Restrictions.** We expect all developers to respect New Relic, end users and other third parties. In using the Developer Resources, you must comply with New Relic's Acceptable Use Policy currently available [here](https://docs.newrelic.com/docs/licenses/license-information/acceptable-use-policy/acceptable-use-policy) ("**Acceptable Use Policy**"). You will not (and will not permit anyone else to): (a) use the Developer Resources except with the New Relic Service as permitted in these Terms; (b) sublicense, sell, distribute or grant third parties access to the Developer Resources, other than your agents and contractors (see Section 4) or as permitted in the Developer Documentation (e.g., distributable elements of SDKs); (c) use the Developer Resources for competitive purposes, with Nerdpacks that substantially replicate features of the New Relic Service or to circumvent any intended limitations of the New Relic Service (e.g., payment of fees or user access structures); (d) reverse engineer, modify or create derivative works of the Developer Resources; (e) access the Developer Resources through means other than the tokens and credentials we provide; (f) make calls using a Nerdpack not driven by bona fide end user requests (except for reasonable testing); (g) publish benchmarks or performance information regarding the Developer Resources; (g) test the performance, bandwidth or capacity of the Developer Resources or New Relic Service or disrupt their integrity or performance; (h) transmit any viruses, illegal content or other harmful materials to the Developer Resources or New Relic end users; or (i) take any action that would subject the Developer Resources or New Relic Service to any open source licenses or other third party terms. + +8. **Use of New Relic Marks.** Subject to these Terms, you may use the appropriate New Relic names, logos and trademarks designated in the New Relic Trademark Guidelines currently available [here](https://newrelic.com/about/media-assets) ("**New Relic Marks**") to promote your Nerdpack's availability for use with the New Relic Service. Your use of New Relic Marks must comply with the New Relic Trademark Guidelines and (without limiting New Relic's other termination rights) you must promptly cease any use of New Relic Marks upon notice by New Relic. You receive no other rights to New Relic Marks under these Terms. All goodwill arising from use of New Relic Marks belongs to New Relic. + +9. **Your Responsibilities.** You and your Nerdpacks must meet important standards related to privacy, security, business practices and user experience, as set out below. + + 1. **Your Nerdpacks and End Users.** You are solely responsible, at your own expense, for your Nerdpacks (including their operation, components, integrations and support) and your relationships and agreements with end users regarding your Nerdpacks. + + 2. **Support.** You will provide end users with reasonable web-based and/or email support for your Nerdpacks. You will also provide New Relic with a current email address to which New Relic may direct end user inquiries about your Nerdpacks and designate a support contact (name and email address) for New Relic. + + 3. **End User Data.** An end user may enable you or your Nerdpack to access certain of its data, content or information within the New Relic Service ("**End User Data**"). You may access and process End User Data only to the extent enabled by the end user and as necessary to provide your Nerdpacks to that end user. You will ensure that all End User Data is collected, processed, transmitted, maintained and used in accordance with: (i) your agreement with the end user if applicable, a legally adequate privacy policy, and appropriate notices to and consents from end users, (ii) all laws, rules, regulations or orders, including those relating to data privacy, data transfer, international communications or the export of technical or personal data ("**Laws**"), and (iii) industry-standard technical, administrative and physical security measures that protect the security and privacy of all End User Data. New Relic is not responsible for any regulatory action or claim to which you may be subject in connection with your Nerdpacks. New Relic is also not responsible for any transmission, disclosure, modification or deletion of End User Data in the New Relic Service by, through or resulting from a Nerdpack. + + 4. **Security Breaches.** In case of any suspected or actual security breach affecting your Nerdpack or End User Data, you must immediately notify New Relic and cooperate with New Relic to remediate the issue and mitigate its effects. You must obtain New Relic's approval for any security breach notifications to end users that refer directly or indirectly to New Relic. + + 5. **New Relic Customer Terms.** Use of the New Relic Service requires each end user to have a valid subscription subject to the New Relic Terms of Service. You will not facilitate or encourage any end user to violate the New Relic Terms of Service or Acceptable Use Policy. For clarity, if New Relic receives any data from you or your Nerdpacks on an end user's behalf, such data will be subject solely to the New Relic Terms of Service with the end user, and such data will no longer be subject to your own terms with the end user. + + 6. **Fees. **You may not directly or indirectly charge end users for use of, or access to, the functionality of the Developer Resources. If you charge any fees for your Nerdpacks, you are solely responsible for collecting those fees. These Terms grant you no right to distribute or resell the Developer Resources or New Relic Service. + + 7. **Your Representations and Warranties.** You represent and warrant that: (i) you have full power and authority to enter into and perform these Terms and to exploit your Nerdpacks without violating any other agreement; (ii) your Nerdpacks and their use will not violate any Laws or third party rights (including intellectual property rights, and rights of privacy or publicity), and you will notify New Relic if your Nerdpacks become subject to any claim or complaint regarding violation of Laws or third party rights; (iii) all information you provide to New Relic is and will be true, accurate and complete (and you will keep such information up-to-date); and (iv) you will not interfere with New Relic's business practices or the way in which it licenses or distributes the New Relic Service or Developer Resources. You agree not to: (A) suggest any affiliation with New Relic (including that New Relic sponsors, endorses or guarantees your Nerdpacks) except for the relationship expressly contemplated in these Terms or (B) make any representations, warranties or commitments on New Relic's behalf or regarding the Developer Resources or New Relic Service. + + 8. **Indemnification.** You will indemnify, defend (at New Relic's request) and hold harmless New Relic and its affiliates and their respective directors, officers, employees, agents, contractors, end users and licensees from and against any regulatory actions, claims, losses, costs, expenses (including reasonable attorneys' fees), damages or liabilities based on or arising from (i) your Nerdpacks, (ii) your relationships or interactions with any end users or third parties in connection with your Nerdpacks, or (iii) your breach or alleged breach of these Terms. New Relic may, at its own expense, participate in the defense and settlement of any claim with its own counsel, and you may not settle a claim without New Relic's prior written consent (not to be unreasonably withheld). + +10. **Nerdpack Discovery.** New Relic may make available Nerdpack listings or other features that allow end users to discover or enable Nerdpacks ("**Nerdpack Discovery**"). Your participation in Nerdpack Discovery is optional and may be subject to additional terms provided by New Relic. If you choose to participate in Nerdpack Discovery, New Relic may use and display any assets you provide for such purpose on our website and/or the New Relic Service. + +11. **Ownership.** New Relic does not claim ownership of your Nerdpacks (other than our own technology) and you reserve all rights not expressly granted in these Terms. New Relic and its licensors retain all ownership and other rights (including all intellectual property rights) in the Developer Resources, New Relic Service and our related technology. Providing feedback, comments, or suggestions about the Developer Program or Developer Resources ("**Feedback**") to New Relic is wholly voluntary. New Relic may freely use Feedback for any purpose. + +12. **Support; Changes. **New Relic has no obligation to provide maintenance or support for the Developer Resources or your Nerdpacks, or to fix any errors or defects. New Relic may change the Developer Resources from time to time as our business changes and technology evolves, and future versions of the Developer Resources may not be compatible with Nerdpacks built using previous versions. We typically make these changes as part our overall Developer Program and are unable to provide notice of the changes to developers individually. New Relic will have no liability resulting from these changes. + +13. **Termination and Suspension.** These Terms remain in effect until terminated. + + 1. **By Developer.** Developer may terminate these Terms at any time by ceasing all use of the Developer Resources. + + 2. **By New Relic.** New Relic may terminate or suspend these Terms or your access to or right to use the Developer Resources (in whole or in part): (i) for no reason or any reason upon fifteen (15) days' notice to you, (ii) immediately (A) if you breach any provision of these Terms, (B) if New Relic is required to do so by Laws, (C) if New Relic ceases offering the Developer Resources, (D) in case of any security breach or other concern under Section 9.d (Security Breaches), or (E) if New Relic otherwise determines in its discretion that such action is necessary to avoid harm, liability or reputational damage to New Relic, the Developer Resources, the New Relic Service, or any end user. + + 3. **Effect of Termination.** Upon any termination, (i) your rights to use the Developer Resources and New Relic Marks will immediately terminate and you will cease all such use, (ii) you will return or destroy all Confidential Information (as requested by New Relic), and (iii) Sections 9 (Your Responsibilities), 11 (Ownership), and 13 (Termination and Suspension) through 24 (General) will survive. After termination, you will have no further access to any data or content that you submitted to New Relic relating to the Developer Resources. + + 4. **No Obligation or Liability.** New Relic will have no obligation or liability resulting from termination, suspension or disablement as described in this Section 13. + +14. **Disclaimer of Warranties.** TO THE FULL EXTENT PERMITTED BY LAW, THE DEVELOPER RESOURCES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND NEW RELIC AND ITS THIRD-PARTY LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR ANY PURPOSE. NEW RELIC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE RELATED TO RELIABILITY, ACCURACY, OR COMPLETENESS OF THE DEVELOPER RESOURCES, THAT NEW RELIC WILL CONTINUE TO OFFER THE DEVELOPER RESOURCES OR THAT USE OF THE DEVELOPER RESOURCES WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE OR MEET DEVELOPER'S REQUIREMENTS OR EXPECTATIONS. You may have other statutory rights, in which case the disclaimers above will apply to the full extent permitted by law. + +15. **Limitations of Liability.** TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEW RELIC BE LIABLE (i) FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR LOST DATA), EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR (ii) IN ANY EVENT, FOR ANY DAMAGES OR LIABILITIES EXCEEDING ONE HUNDRED U.S. DOLLARS (\$100), ARISING FROM OR RELATING TO THESE TERMS, USE OF THE DEVELOPER RESOURCES, YOUR NERDPACKS OR THEIR COMBINATION OR INTERACTION WITH THE DEVELOPER RESOURCES OR NEW RELIC SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEW RELIC HAS NO WARRANTY, INDEMNIFICATION OR OTHER OBLIGATION OR LIABILITY WITH RESPECT TO YOUR NERDPACKS OR THEIR COMBINATION, INTERACTION OR USE WITH THE DEVELOPER RESOURCES OR NEW RELIC SERVICE. You acknowledge and agree that this Section 15 reflects a reasonable allocation of risk and will apply regardless of the form of action or legal theory, whether in contract, tort (including negligence), strict liability or otherwise, and that New Relic would not enter into these Terms without these liability limitations. This Section will survive even if any limited remedy fails of its essential purpose. + +16. **New Relic Confidential Information.** Any non-public elements of the Developer Resources and any other information disclosed by New Relic that is marked as confidential or proprietary or that should reasonably be understood to be confidential or proprietary from the circumstances of disclosure is "**Confidential Information**." Confidential Information does not include any information that: (i) is or becomes generally known to the public; (ii) was known to you before its disclosure by New Relic; or (iii) is received from a third party, in each case without breach of an obligation owed to New Relic or anyone else. You will (A) maintain Confidential Information in confidence (using at least the same measures as for your own confidential information, and no less than reasonable care) and not divulge it to any third party and (B) only use Confidential Information to fulfill your obligations under these Terms. If you are compelled by law to disclose Confidential Information, you must provide New Relic with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance if New Relic wishes to contest the disclosure. If you breach or threaten breach of this Section 16, it could cause substantial harm for which damages are inadequate and New Relic will have the right to seek injunctive relief in addition to other remedies. + +17. **Independent Development; Information You Provide Not Confidential.** New Relic develops a variety of offerings and works with many other developers and partners, and either New Relic or these third parties could in the future develop (or already have developed) products, services, concepts or features similar to yours. Nothing limits New Relic's right to do so, though this Section itself does not grant us any license under your intellectual property rights. Unless separately set forth in another agreement, New Relic has no confidentiality obligations for information you submit in connection with the Developer Program. + +18. **Usage Data.** In addition to New Relic's other rights, New Relic may collect certain data and information regarding your use of the [Developer Site](http://developer.newrelic.com/) and Developer Resources, including data about your data pulls or requests, and your Nerdpacks ("**Usage Data**"). We may use and exploit Usage Data for any purpose in connection with operating, improving and supporting the Developer Program and Developer Resources. + +19. **Changes to Terms. **We may change these Terms from time to time as our business changes and technology evolves. New Relic will use reasonable efforts to notify you of changes to these Terms as provided in Section 22 (Notices). You may be required to click through the modified Terms to show your acceptance and in any event your continued use of the Developer Resources after the modification constitutes your acceptance to the modifications. If you do not agree to the modified Terms, your sole remedy is to terminate your use of the Developer Resources as described in Section 13 (Termination and Suspension). + +20. **Open Source Software.** Certain code in the Developer Resources (e.g., SDKs) may be licensed under or include components subject to "open source" software terms ("OSS"), as listed in the Developer Documentation. The OSS licenses may grant you additional rights to the OSS code itself and allow you to use the OSS outside of our Developer Program. To be clear, though, when you use the OSS as part of our Developer Program, you must comply with these Terms. + +21. **Pre-Release Versions.** New Relic may make available certain Developer Resources on a pre-release or early access basis ("**Pre-Release Versions**"). Use of Pre-Release Versions may be subject to additional terms designated by New Relic. Pre-Release Versions are optional and either party may terminate use at any time for any reason. If you choose to use a Pre-Release Version, you agree to provide Feedback at our reasonable request. Pre-Release Versions may be inoperable, incomplete or include features that New Relic may never release, and their features and performance information are New Relic's Confidential Information. + +22. **Notices.** New Relic may provide you with notices and communications at your email or physical address on file, through the [Developer Site](http://developer.newrelic.com/), or other reasonable means. Any notices or communications to New Relic must be sent to or New Relic, Inc., Attention: Legal Department - Developer Terms, 188 Spear Street, Suite 1200, San Francisco, CA 94105. + +23. **Export.** The Developer Resources may be subject to export restrictions by the United States government and import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your use of the Developer Resources. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. + +24. **General.** These Terms are the parties' entire agreement and supersede any prior or concurrent agreements relating to its subject matter. Except as set forth in Section 19 (Changes to Terms), all amendments or modifications must be in writing and signed by both parties. The words "including" and similar terms are to be construed without limitation. Failure to enforce any provision is not a waiver and all waivers must be in writing. If any provision is found to be unenforceable it (and related provisions) will be interpreted to best accomplish its intended purpose. Developer may not assign, transfer or delegate any right or obligations under these Terms and any non-permitted assignment is void. New Relic may assign these Terms and its rights and obligations to any of its affiliates or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities to which these Terms relate. The parties are independent contractors and these Terms do not create any agency, partnership, or joint venture. These Terms will be governed by and construed under the laws of the State of California, as applied to agreements entered into and to be performed in California by California residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving San Francisco, California. New Relic will not be liable to Developer for any delay or failure to perform any obligation under these Terms if the delay or failure is due to unforeseen events that are beyond its reasonable control. The Developer Resources include commercial computer software. If the user or licensee of such technology is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure or transfer of such technology, or any related documentation of any kind, including technical data and manuals, is restricted by these Terms in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Developer Resources were developed fully at private expense. All other use is prohibited. From 4b5d93241dc7e5bb2a14227eb3e787ee2c921382 Mon Sep 17 00:00:00 2001 From: John P Vajda Date: Wed, 22 Dec 2021 13:37:44 -0700 Subject: [PATCH 10/11] chore: fixed paths --- src/markdown-pages/terms-jul-27-2021.mdx | 7 ++++--- src/markdown-pages/terms-jun-20-2020.mdx | 6 +++--- src/markdown-pages/terms.mdx | 1 + 3 files changed, 8 insertions(+), 6 deletions(-) diff --git a/src/markdown-pages/terms-jul-27-2021.mdx b/src/markdown-pages/terms-jul-27-2021.mdx index f402c0e10..b487803b4 100644 --- a/src/markdown-pages/terms-jul-27-2021.mdx +++ b/src/markdown-pages/terms-jul-27-2021.mdx @@ -1,7 +1,8 @@ --- -title: "Terms and conditions: Jul 27, 2021" -description: "Developer terms and conditions" -template: "GuideTemplate" +path: /terms-jul-27-2021 +title: 'Terms and conditions: Jul 27, 2021' +description: 'Developer terms and conditions' +template: 'GuideTemplate' --- _Last updated: July 27, 2021_ diff --git a/src/markdown-pages/terms-jun-20-2020.mdx b/src/markdown-pages/terms-jun-20-2020.mdx index a454fe2c6..2bac51876 100644 --- a/src/markdown-pages/terms-jun-20-2020.mdx +++ b/src/markdown-pages/terms-jun-20-2020.mdx @@ -1,11 +1,11 @@ --- -path: '/terms' -title: 'Terms and conditions: Jul 27, 2020' +path: /terms-jun-20-2020 +title: 'Terms and conditions: Jun 20, 2020' description: 'Developer terms and conditions' template: 'GuideTemplate' --- -_Last updated: June 12, 2020_ +_Last updated: June 20, 2020_ Welcome to New Relic's developer program ("**Developer Program**")! We are excited that you're here. Our intent is to maintain a vibrant software development community. We require that all users that develop on the New Relic platform adhere to these terms. diff --git a/src/markdown-pages/terms.mdx b/src/markdown-pages/terms.mdx index 74393637b..8388bbc88 100644 --- a/src/markdown-pages/terms.mdx +++ b/src/markdown-pages/terms.mdx @@ -1,4 +1,5 @@ --- +path: '/terms' title: 'Terms and conditions' description: 'Developer terms and conditions' template: 'GuideTemplate' From 5ff37a2d50da9e07e7950f95c73700269a569e14 Mon Sep 17 00:00:00 2001 From: John P Vajda Date: Wed, 22 Dec 2021 13:40:17 -0700 Subject: [PATCH 11/11] chore: remove paths --- src/markdown-pages/terms-jul-27-2021.mdx | 1 - src/markdown-pages/terms-jun-20-2020.mdx | 1 - src/markdown-pages/terms.mdx | 1 - 3 files changed, 3 deletions(-) diff --git a/src/markdown-pages/terms-jul-27-2021.mdx b/src/markdown-pages/terms-jul-27-2021.mdx index b487803b4..d02d3029f 100644 --- a/src/markdown-pages/terms-jul-27-2021.mdx +++ b/src/markdown-pages/terms-jul-27-2021.mdx @@ -1,5 +1,4 @@ --- -path: /terms-jul-27-2021 title: 'Terms and conditions: Jul 27, 2021' description: 'Developer terms and conditions' template: 'GuideTemplate' diff --git a/src/markdown-pages/terms-jun-20-2020.mdx b/src/markdown-pages/terms-jun-20-2020.mdx index 2bac51876..08ba40d3a 100644 --- a/src/markdown-pages/terms-jun-20-2020.mdx +++ b/src/markdown-pages/terms-jun-20-2020.mdx @@ -1,5 +1,4 @@ --- -path: /terms-jun-20-2020 title: 'Terms and conditions: Jun 20, 2020' description: 'Developer terms and conditions' template: 'GuideTemplate' diff --git a/src/markdown-pages/terms.mdx b/src/markdown-pages/terms.mdx index 8388bbc88..74393637b 100644 --- a/src/markdown-pages/terms.mdx +++ b/src/markdown-pages/terms.mdx @@ -1,5 +1,4 @@ --- -path: '/terms' title: 'Terms and conditions' description: 'Developer terms and conditions' template: 'GuideTemplate'