Netdata, Inc. Terms of Use
Updated Effective Date: July 20, 2020

 

 

1. General Information Regarding These Terms of Use.

Welcome, and thank you for your interest in Netdata, Inc. (referred to as “Netdata”, “we”, “our”, or “us”). Unless otherwise noted on a particular Netdata site or in connection with a particular service, these terms of use (“Terms”) apply to your use of our products and services and to all of your activity using the websites that Netdata operates.

Our products and services include our Agent (https://learn.netdata.cloud/docs/agent) and Cloud platform (https://learn.netdata.cloud/docs/cloud) (collectively referred to as “Netdata Products”) as well as the https://my-netdata.io and https://netdata.cloud sites, together with all other subdomains thereof, (collectively referred to as the “Websites”).

These Terms also apply to all content, information, documentation and other materials provided through the Websites or used in connection with Netdata Products.

These Terms form a binding legal agreement between you and Netdata in relation to your use of all Netdata Products and our Websites.

Human-readable summary of Section 1:
These terms, together with any special terms for particular products or websites, create a contract between you and Netdata. The contract governs your use of all websites operated by Netdata and all products we offer. These human-readable summaries of each section are not part of the contract, but are intended to help you understand our terms.

2. Your Agreement to the Terms.

BY ACCESSING OR USING ANY OF THE NETDATA PRODUCTS OR WEBSITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS.

When you register to use Netdata Cloud, we will also ask you to check a box indicating that you consent to and agree to these Terms, and that you also consent to and agree to adopt our Privacy Policy, which describes how we collect, use and process your personal data. You will not be able to access Netdata Cloud unless you demonstrate your approval and consent to be bound by these Terms and our Privacy Policy.

By accessing or using any Netdata Product, you also represent that you have the legal authority to accept these Terms on behalf of yourself and any party or entity you represent in connection with your use of Netdata Products. If you do not agree to these Terms, you are not authorized to use Netdata Products or Websites.

If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have all power and authority necessary to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you”, and “your” applying to you, that entity, and the entity’s users accessing and using the Netdata Product on behalf of that entity.

Human-readable summary of Section 2:
Please read these terms and only use our websites and products if you agree to them. If you are an employee of a company, by agreeing to these terms, our contract applies to the company you represent.

3. Changes to the Terms.

From time to time, Netdata may update, modify, and supplement these Terms, and reserves the right to do so at its sole discretion, to remain compliant with applicable laws, to reflect new products and services, to align these Terms with Netdata’s changing technology and commercial objectives, or for any other legitimate or lawful reason or purpose.

When we update these Terms, we will post updated Terms and indicate the date of the revision. If we believe the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current Netdata Cloud account by email.

Updated Terms shall apply on the new “effective date” posted at the top of these Terms, and apply to your use of Netdata Product immediately thereafter, except that changes that Netdata deems to be “material” will take effect thirty (30) days after the change is posted in the updated Terms or Privacy Policy. By continuing to use any Netdata Product after we post updated Terms, you are indicating that you have read, understood, and agreed to those updated Terms.

Human-readable summary of Section 3:
These terms may change. When the changes are important, we will put a notice on the website. If you continue to use our product or access our websites after the changes are made, you are agreeing to those changes.

4. No Legal Advice; Notices.

Netdata is not a law firm, does not provide legal advice, and is not a substitute for consulting a lawyer of your choice. None of our communications with you constitutes legal advice or creates an attorney-client relationship. For instance, it is your responsibility to understand the licensing obligations associated with any open source software applications you choose to use, including our Agent product. Similarly, as a user of Content (as defined below in Section 7), you may be subject to certain license obligations that include other legal terms and use restrictions. Netdata cannot offer you direction, advice, or recommendations about how to navigate these legal and compliance issues.

Any legal notices or communications about these Terms should be directed to Netdata as follows:

Netdata, Inc.
548 Market St. #31942
San Francisco, California 94104-5401
With a copy to: [email protected]

Human-readable summary of Section 4:
Some of us are lawyers, but we aren’t your lawyer. Please consult your own attorney if you need legal advice about these Terms or on any matters involving other websites, products or services. Please send us any legal notices to the email and physical address provided.

5. Netdata Products. License, Use and Access Rights.

5.1 Agent License: GPL 3.0+. Conditioned on your compliance with these Terms and your adoption of our Privacy Policy, Netdata grants you a non-exclusive, right and license to use the Netdata Agent in accordance with the descriptions contained in the Agent documentation (https://learn.netdata.cloud/docs/agent), and otherwise in accordance with the applicable open source software GNU Public License 3.0 as further described on our GitHub page: https://github.com/netdata/netdata/blob/master/LICENSE. We recommend that you use the Agent on a supported platform, or create a port or interface of your own to other systems, platforms and applications which can then be shared and used by other users.

5.2 Cloud Use and Access Rights Grant. Subject to your acceptance of these Terms, your adoption of our Privacy Policy, and completion of your Cloud account registration, Netdata grants you a limited, non-exclusive, non-assignable, non-transferable, worldwide right to use and access the Netdata Cloud platform, for your own internal business purposes or for your personal use, in connection with an unlimited number of Netdata Agent licenses. As of the Effective Date, you will not be charged for your use of Netdata Cloud. We reserve the right however to offer premium or enhanced features of Netdata Cloud (and other Netdata Products) for a fee.

5.3 Restrictions. Except as otherwise permitted under the applicable open source license, you may not (and may not permit any third party to): (i) modify, incorporate or use in any other works, translate, reverse engineer (except to the limited extent applicable statutory law expressly prohibits reverse engineering restrictions), decompile, disassemble, otherwise attempt to derive source code from or create derivative works based on the Netdata Cloud Products; (ii) make unauthorized copies of the Netdata Cloud Products; (iii) disclose, distribute, transfer or market the Netdata Cloud Products to third parties; (iv) remove or modify any proprietary notices, labels or marks on or in any copy of the Netdata Cloud Products or related documentation or other written materials; (v) distribute, sell, sublicense, rent, lease or use the Netdata Cloud Products (or any portion thereof) for time sharing, hosting, service provider or other computer services to third parties or otherwise make the functionality of the Netdata Cloud Product available to third parties; (vi) publicly disseminate reports generated by the Netdata Cloud Products or Netdata Cloud Product performance information or analysis (including, without limitation, benchmarks and performance tests) from any source relating to the Netdata Cloud Products; (vii) use the Netdata Cloud Products or reports generated by the Netdata Cloud Products in your own products or services or in your marketing of products or services to third parties or (ix) use the Netdata Cloud Products other than as permitted herein or, with respect to Netdata Agent, in accordance with the applicable open source licenses.

5.4 Open Source. Open Source Software including the Netdata Agent is copyrighted and licensed under the GNU Public License 3.0 and other licenses. Copies of or references to those licenses are included with Agent software in the “Help” section. You are able to directly download the Agent source code on GitHub and other third-party websites.

Human-readable summary of Section 5:
Our Agent software is an open source application. Our Cloud product is not. Your rights to use the Agent software are described in the open source software license we provide you. Our Cloud product license is a bit more restrictive. We aren’t charging a fee for any of our products today. We might in the future.

6. Support.

Netdata does not provide direct technical support for Netdata Products at this time. However, our developer community regularly posts fixes and updates to our GitHub site located here: https://github.com/netdata/netdata. We provide detailed step-by-step Product guides on the Website https://www.netdata.cloud and in our documentation, https://learn.netdata.cloud. Finally, we do make a help widget available to you in our Netdata Cloud.

Human-readable summary of Section 6:
We don’t offer direct support. We have lots of documents that help you with common issues, and our developer community provide lots of native support through websites like GitHub. You can contact us with technical support questions. We will try to answer your questions.

7. Content Available through Netdata Products and Websites.

By using Netdata Products or accessing the Websites, you may gain access to certain materials that include computer software, code, data, written documentation, information, data files, text, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”). Content includes both materials prepared by Netdata (“Netdata Owned Content”) and by third parties. Except for Netdata Owned Content, you acknowledge that Netdata does not make any representations or warranties about the Content which you may have access to as part of, or through your use of, the Netdata Products and Website. Under no circumstances is Netdata liable in any way for your use of any Content, including, but not limited to infringing Content, any errors or omissions in Content and any failure to update the Content, or for any loss or damage of any kind incurred as a result of your use of any Content posted, transmitted, linked from, or otherwise accessible through or made available by way of Netdata Products or the Websites.

You agree that you are solely responsible for your reuse of Content, including providing proper attribution consistent with applicable copyright laws. You should carefully review the specific Content license terms before you republish, modify or reuse the Content so that your intended use of the Content is permitted and lawful.

  • Licensing Netdata-Owned Content: Netdata owns all right, title and interest, and reserves all rights in and to Netdata Owned Content, including our technical documentation, Trademarks and Netdata Cloud software code. Any use of Netdata Owned Content requires proper attribution and prior written approval from Netdata.
  • Netdata-Owned Code: Netdata maintains proprietary software code for the Netdata Cloud Product, while the Netdata Agent is subject to the GPL 3.0 open source software license terms available here: https://github.com/netdata/netdata/blob/master/LICENSE.
  • Third Party Website: You may access third party websites that contain information about Netdata, including websites like GitHub, Twitter, Facebook, LinkedIn, and many other entities. Your use of these websites are subject to terms of use or terms of services specified by each entity responsible for the content and materials on these third party websites. We include these links for your informational purposes only. We disclaim any liability for content, materials, information or other things posted on websites not managed and controlled by Netdata. When we post information about Netdata Products or other subjects on third party websites, we follow and observe the terms of use or other content rules of those third party websites.

Human-readable summary of Section 7:
We try our best to have useful information on our sites, but we cannot promise that everything is accurate or useful for your needs. You may use Content on the site. If you find content through a link on our websites, be sure to check the license terms before using it. Netdata owns our Cloud code, trademarks, technical documentation and other materials you will find on our site.

8. Content Supplied by You

Your Responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Netdata Products (“Your Content”) violates or infringes any third party rights (including copyright, trademark, privacy, publicity, or other personal or proprietary rights), breaches or violates any obligation you have such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. You also represent and warrant that you have all right, license, permission and authority to use, display, load, share, and permit others to do these same things with respect to Your Content, including with respect to any personal information you may include in Your Content.

Removal: Netdata may, but is not obligated to, review Your Content and may delete or remove from any of the Websites Your Content (without notice) that violate the Content posting requirements set forth in these Terms, in its sole discretion. Removal of any of Your Content from the Websites (by you or by Netdata) does not eliminate, diminish or remove any of the use rights you granted to us or any third-party in Your Content prior to such removal.

Human-readable summary of Section 8:
We do not take any ownership of your content when you post it on our sites. If you do not own the content, then you should not post it. You must note the authority you have by including this information on the file when you upload it. You are responsible for any content you upload to our sites. We aren’t going to police your content, but if we need to remove for a valid reason, we will.

9. Acceptable Use Policy.

By using and accessing Netdata Products and Websites, you further agree that you will fully observe and comply with our “Acceptable Use Policy”, which also includes our Code of Conduct, as further described below

When using Netdata Products or accessing our Websites, you agree not to engage in any of the following activities:

Violating Laws and Rights:
You may not (a) use any Netdata Product or Website for any illegal purpose or in violation of any local, state, national, or international laws, including without limitation U.S. export controls and economic sanctions regulations, or (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

Solicitation:
You may not use the Netdata Products, Websites or any information provided through the Netdata Product, or Websites, for the transmission of advertising, marketing or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited, unwelcome or unlawful communication.

Disruption:
You may not use any Netdata Product or Website in any manner that could disable, overburden, damage, or impair the Netdata Products or Websites, or interfere with any other party’s use and enjoyment of the any Netdata Product or Website; including by (a) uploading or otherwise disseminating any malware, virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any Netdata Product or Website, or violating any regulation, rule, policy, or procedure of any network, equipment, or server.

Harming others:
You may not post or transmit Content on or through the Netdata Products or Websites that is:

  • harmful, offensive, invasive of privacy, defamatory, libelous, fraudulent, hateful or otherwise discriminatory or abusive toward any individual or group;
  • contains false, inaccurate, or intentionally deceptive information that is likely to adversely affect the public interest (including health, safety, election integrity, and civic participation);
  • unlawful or promotes unlawful activities, or is obscene or contains sexually explicit content;
  • gratuitously depicts or glorifies violence, including violent images;
  • intimidates or harasses another person; and,
  • or contains personally identifiable information about persons under 13 years of age on or through the Netdata Product or Website.

We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to use the Netdata Products or Websites or send any personal information about yourself to us. See also Section 9 of our Privacy Policy.

Impersonation or unauthorized access:
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Netdata Products or Websites; You may not use or attempt to use another user’s account or personal information without express authorization; and you may not attempt to gain unauthorized access to the Netdata Products or Websites, or the computer systems or networks connected to the Netdata Products or Websites, through hacking password mining or any other means.

Human-readable summary of Section 9:
Play nice. Be yourself. Don’t break the law or be disruptive. You must also use our products and websites according to standards and principles that align with our values and that are consistent with standard website behaviors, which includes our Acceptable Use Policy. It is part of these Terms too.

10. Your Warranties. No Service Level Commitments; Disclaimer Of Netdata Warranties.

10.1      You represent and warrant that You (as an individual) and/or You on behalf of your company, entity or enterprise, have all power and authority necessary, and have secured and obtained all required approvals, consents and permissions to permit, enable and allow Netdata Products to be used by you in connection with any system, network, computer, or environment managed, controlled or administered by you or any third party. By using integrations, for example, Netdata is not representing to you that you have permission from such third parties to operate the integration in your specific environment.

10.2      You shall comply with any terms of use applicable to services, products or systems you use for your business including in connection with your use of Netdata products and services; to the extent any third party platform limits or restricts use of products like Netdata’s Agent application or its Cloud Product, you assume full responsibility and all liability for such use that violate these third party’s terms of service or use.

10.3      You represent and warrant that you will fully comply with all applicable laws, rules, regulations, statutes or judicial decisions, rulings or other governmental actions or directives that have the force of law, in connection with your use of, and access to, Netdata Products and the Websites.

10.4      We make many standard platform and system integrations available for your use and convenience (https://www.netdata.cloud/integrations/). You must ensure that any use of Netdata Products is permitted by each of your respective vendors, partners or suppliers.

10.5      You acknowledge and agree that the Netdata does not provide any service level commitments relative to the Netdata Cloud products. While we do endeavor to maintain consistent availability of Netdata Cloud for our users, we may or may not provide prior notice of scheduled or unscheduled system downtime, and offer no specific uptime, availability or service level agreements. Your sole and exclusive remedy for any claims or legal relief in connection with Netdata Cloud products is to discontinue use of our platform and the relevant Netdata Product.

10.6      TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NETDATA OFFERS NETDATA PRODUCTS (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH NETDATA PRODUCTS) AND THE WEBSITES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING NETDATA PRODUCTS AND WEBSITES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

10.7      NETDATA DOES NOT WARRANT AND DISCLAIMS ALL LIABILITY FOR ANY DAMAGES RELATED TO, ANY OF THE FOLLOWING: THAT THE FUNCTIONS OF NETDATA PRODUCTS OR WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE OR RELIABLY AVAILABLE, THAT CONTENT MADE AVAILABLE ON OR THROUGH NETDATA PRODUCTS OR WEBSITES WILL BE ACCURATE OR ERROR-FREE, THAT ALL DEFECTS WILL BE CORRECTED, THAT ANY SERVERS USED BY NETDATA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT USERS OF THE PRODUCTS OR WEBSITES WILL ACHIEVE OR ATTAIN ANY SPECIFIC RESULTS OR OUTCOMES, INCLUDING WITH RESPECT TO THE NETDATA AGENT OR CLOUD PRODUCTS.

10.8      NETDATA ALSO DOES NOT WARRANT AND DISCLAIMS ALL LIABILITY FOR ANY DAMAGES REGARDING YOUR USE OF THE CONTENT AVAILABLE THROUGH NETDATA PRODUCTS OR WEBSITE OR THE ACCURACY, RELIABILITY, USEFULNESS OR TIMELINESS OF THIS CONTENT.

Human-readable summary of Section 10:
You need to be sure you can use Netdata’s products in systems you obtain from your vendors. By using Netdata products, you understand that Netdata does not make any legal commitments about your use of, or the benefits you may realize from your use of, the products, sites, or content we make available. As a set of products that are either comprised of open source software or are not fee-based, we cannot assume any legal liability for your use of our products, websites or content.

11. Limitation Of Liability

IN NO EVENT SHALL NETDATA HAVE ANY LIABILITY TO YOU, YOUR USERS, THE ENTITY YOU REPRESENT OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES, LOSS OF DATA OR USE OF THAT DATA, INTERRUPTION OF YOUR PRODUCTS OR SERVICES, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, PRODUCTS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY (INCLUDING NEGLIGENCE), OR WHETHER SUCH DAMAGES ARISE IN CONNECTION WITH THE NETDATA PRODUCTS AND WEBSITES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF NETDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NETDATA IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH ANY NETDATA PRODUCT OR WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE NETDATA PRODUCTS OR WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE NETDATA PRODUCTS, OR OUR WEBSITES.

Certain jurisdictions do not permit the exclusion of certain warranties or recognize limitations of liability for certain acts or omissions (such as gross negligence or willful misconduct), which means that some of the above limitations and exclusions may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Human-readable summary of Section 11:
By using our products or websites, you understand that Netdata is not going to be legally responsible for any damages you may suffer from your use. Netdata is not responsible for the content on the websites, your use of our products, or for the conduct of others on our sites. You should be sufficiently skilled technically to safely use our Agent and Cloud products.

12. Indemnification.

To the fullest extent authorized by applicable law, you agree to 1) indemnify and hold harmless Netdata, its employees, officers, directors, affiliates, and agents (“Indemnified Parties”) from and against any and all damages, losses, expenses, penalties, fines and other costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of or in connection with, (a) your violation of any of these Terms, (b) your use of any of the Netdata Products or the Websites, and/or (c) the Content you make available on any of the Websites, and 2) defend the Indemnified Parties against all claims or any settlements reached by you arising out of or in connection with, your use of the Netdata Products or Websites.

You agree not to settle any such claim unless Netdata consents in writing to the settlement, and provided further that any settlement you reach unconditionally releases Netdata from any and all liability for any past, present or future claims. We will provide you notice as reasonably possible based receipt of any eligible claim.

Human-readable summary of Section 12:
If something happens because you violate these terms, because of your use of the products or websites, or because of the content you post on the sites, you agree to defend Netdata against all claims and pay for all of the damage your actions cause.

13. Privacy Policy

Netdata is committed to responsibly handling the personal information and data we collect through Netdata Products and our Website in compliance with our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy so you are aware of how we collect, store, process and use your personal information, including when you register for a Netdata Cloud account and use the Netdata Cloud product, when you download the Agent software application, when you contact us with technical or support questions, and when you complete forms on the Website. Netdata collects a very limited amount of personal information, does not sell your personal information, applies industry standard security measures to safeguard and protect the personal data we do receive, and complies with applicable privacy laws, such as GDPR and CCPA.

Human-readable summary of Section 13:
Please read our Privacy Policy. It is part of these terms, too.

14. Trademark Policy

Netdata’s name, logos, icons, and other trademarks may only be used in accordance with this Trademark Policy, and with Netdata’s prior written consent.

If you obtain Netdata’s prior written consent, you may use and publicly display the Netdata name, logo and other identifiers (“Licensed Marks”), on a non-exclusive, non-transferable (without a right to sublicense) and non-assignable basis, provided these Terms remain valid and in full force and effect. You agree that the Licensed Marks and the goodwill associated with them are and will remain the sole property of Netdata, and you agree not to contest the ownership of such Licensed Marks, or misappropriate such Licensed Marks for your own use. You also agree that your use of the Licensed Marks shall be in accordance with Netdata’s written policies regarding the usage of its trademarks as of the Effective Date and as may be updated by Netdata from time to time and subsequently provided to you. You acknowledge that your use of the Licensed Marks inures solely to the benefit of Netdata.

No adaptation or use of any kind of any of our registered trademarks or copyrights, or any other contents of the Websites, is allowed without the express written permission of Netdata.

Netdata does offer integrations with various third party products and services (https://www.netdata.cloud/integrations/). Web links to these third party websites and/or the display of such third party’s logos do not imply, suggest or represent any kind of endorsement, certification, or a current or future compatibility commitment by or with such third party products or services made by Netdata or such third party. All such trademarks and logos remain the property of each of their respective trademark owners.

Human-readable summary of Section 14:
Please don’t publicly use and display our trademarks, name and logos without our prior written approval. We do not claim any rights to third party trademarks or logos.

15. Copyright Complaints

Netdata respects copyright, and we prohibit users of Netdata Products and Websites from submitting, uploading, posting, or otherwise transmitting any Content on the Websites or through Netdata Products that violate another person or entity’s proprietary or intellectual property rights.

To report allegedly infringing Content hosted on a Website, send a Notice of Infringing Materials to [email protected]

Human-readable summary of Section 15:
Please let us know if you find infringing content on our websites.

16. Termination

By Netdata: Netdata may modify, suspend, or terminate the operation of, or access to, all or any portion of the Netdata Products or Websites at any time for any reason. Additionally, your individual access to, and use of, the Netdata Products or Websites may be terminated by Netdata at any time and for any reason. We will not be in breach if we do not provide you notice, even if you have registered and/or have an account with Netdata.

By You: If you wish to terminate these Terms, you may immediately stop accessing or using the Netdata Products or Websites at any time.

Automatic Upon Breach: Netdata shall be entitled to immediately terminate your right to access and use the Netdata Products or Websites (including use of your Netdata Cloud account) upon your breach of any of these Terms.

Survival: Sections 4, 10-12, 16 and 17 shall survive any termination. The license grants made in favor of Netdata or any third party applicable to Your Content under Section 8 are not impacted by the termination of these Terms and shall continue in effect subject to the terms of the applicable license. Termination of these Terms shall not limit any rights or remedies Netdata otherwise is entitled to exercise to protect Netdata Products or its Websites, or to redress any material breach of these Terms.

Human-readable summary of Section 17:
If you violate these terms, you may no longer use our sites or our products.

17. Miscellaneous Terms

17.1.    Governing Law. The Terms are governed by and construed by the laws of the State of California, not including its choice of law rules.

17.2.    Exclusive Jurisdiction: The parties agree that any disputes between Netdata and you concerning these Terms, and/or any of the Netdata Products or Websites may exclusively be brought in a federal or state court of competent jurisdiction sitting in the City and County of San Francisco, California, and you hereby consent to the personal jurisdiction and venue of such courts.

17.3    US Government End User. For purposes of these Terms, “commercial computer software” is defined at FAR 2.101. If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation and other technical data subject to the terms of the Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulation (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to these Terms as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFARS”) and its successors. This Section 19.3 is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data.

17.4    Confidentiality.
17.4.1   As used herein and to the extent applicable, “Confidential Information” means all confidential and proprietary information of a party (“Disclosing Party“) disclosed to the other party (“Receiving Party“), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, the Netdata Cloud Products, and Netdata’s commercial and technology strategies that are not made publicly available. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.

17.4.2   The Receiving Party agrees that it will (i) use Confidential Information for the sole purpose of exercising its rights and performing its obligations under this Agreement, (ii) divulge Confidential Information only to those of its employees, directors, independent consultants or agents who have a need to know such Confidential Information and who are bound by professional duty or in writing (in advance) to confidentiality and non-use obligations at least as protective of such information as this Agreement, and (iii) not disclose any Confidential Information to any third party. The Receiving Party shall notify and cooperate with the Disclosing Party immediately upon discovery of any unauthorized use or disclosure of Confidential Information of the Disclosing Party. The Receiving Party may disclose Confidential Information to comply with an order from a court of competent jurisdiction or with a mandatory requirement of a governing regulatory body, provided such party, to the extent permitted by law and as soon as reasonably practicable under the circumstances, informs the Disclosing Party and allows the Disclosing Party the opportunity to object to the disclosure order or to take action to preserve the confidentiality of the information, at Disclosing Party’s cost and expense. The Receiving Party shall cooperate with the Disclosing Party in such party’s reasonable efforts to limit the disclosure of the information.

17.4.3   Upon termination of this Agreement for any or no reason, the Receiving Party shall (i) immediately cease all use of the Disclosing Party’s Confidential Information, and (ii) if requested by the Disclosing Party, either promptly destroy or return all Confidential Information of the Disclosing Party; provided, however that the Receiving Party may retain a reasonable number of copies of the Confidential Information (and any materials embedding the same) for the sole purposes of satisfying legal or regulatory requirements regarding record and data retention that the Receiving Party is obligated to comply with, enforcing this Agreement and/or archiving consistent with good business practices. For the avoidance of doubt, such copies remain subject to the confidentiality and restricted use provisions of this Agreement.

17.4.4   If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of this Section 18.4, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are inadequate.

17.5.    No Waiver. Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

17.6.    Severability. If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

17.7.    No Agency Relationship. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Netdata as a result of the Terms or from your use of any of the Services.

17.8    Integration. These Terms and any applicable Additional Terms constitute the entire agreement between you and Netdata relating to this subject matter and supersede any and all prior communications and/or agreements between you and Netdata relating to access and use of the Services.

Human-readable summary of Section 17:
If there is a lawsuit arising from these terms, it should be in Delaware and governed by Delaware law. If there is an occasion to exchange information that one of us thinks is confidential, those terms are part of our agreement. We are glad you use our sites, but this agreement does not mean we are partners.