Terms & Policies
Learn more about Chainguard policies and our legal documents.
Pre-GA Terms
Please read these Terms carefully before using software or services offered by Chainguard, inc. (“Chainguard” or “Company”). By accessing or using the Pre-GA Offerings (as defined below) in any manner, you (“You” or “Evaluator”) agree to be bound by these terms and conditions (the “Pre-GA Terms”) to the exclusion of all other terms. If you do not agree to all of the following, you may not use or access the Pre-GA Offerings in any manner. “Pre-GA Offerings” means any software or applications identified as early access, preview, beta, or any other not yet generally available software by Chainguard, which may include multiple open source software components. Sections 1.4 (Feedback), 4 (Confidentiality) and 9 (Miscellaneous) of the Master Services Agreement shall apply to these Pre-GA Terms.
ACCESS TO SERVICES AND SOFTWARE, RESTRICTIONS, AND RIGHTS RESERVED
Access to Services. Evaluator will access the Pre-GA Offerings solely for Evaluator’s internal business needs, and not for any other purpose, for the term agreed upon by the parties. Chainguard grants Evaluator a limited, non-transferable license, subject to the restrictions below, to access and use the Pre-GA Offerings for the purposes of these Pre-GA Terms, subject to the below restrictions. All third-party software is licensed by its maintainer under the applicable license that is located in the source code provided to Evaluator.
Restrictions. Evaluator agrees not to (and will not allow any third party to): (i) remove or otherwise alter any proprietary notices or labels from the Pre-GA Offerings or any portion thereof; (ii) rent, resell, or otherwise provide the Pre-GA Offerings, in whole or in part, to third parties; (iii) use the Pre-GA Offerings in connection with any redistribution of software; (iv) use or access the Pre-GA Offerings for the purpose of developing or offering competitive products or services; or (v) violate Chainguard’s Acceptable Use Policy (https://www.chainguard.dev/acceptable-use-policy).
Pre-Release. The Pre-GA Offerings is a pre-release of a Chainguard product that is not generally available for distribution at the time it is shipped to Evaluator and it is not intended for use in a production environment. Chainguard reserves the right, in its sole discretion, to: (a) withdraw, update, change, or otherwise modify anyPre-GA Offerings from testing or evaluation; (b) never release it as a commercial product; and (c) market or publicize the Pre-GA Offerings. Nothing in these Pre-GA Terms shall be deemed to convey to Evaluator the right or license to use a commercially released version of thePre-GA Offerings or any components thereof and any such use shall be subject to fees and a separate written agreement between the parties.
Data Collected. Chainguard will process and store Evaluator personal information in accordance with its Privacy Notice (https://www.chainguard.dev/privacy-notice).
LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, CHAINGUARD PRE-GA OFFERINGS ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, AND CHAINGUARD DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY THE COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT SHALL CHAINGUARD BE LIABLE FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL CHAINGUARD’S TOTAL LIABILITY TO EVALUATOR FOR DAMAGES, LOSSES OR LIABILITY OF ANY KIND EXCEED EITHER CUMULATIVELY OR IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).