Effective as of January 7, 2015
1. Your Agreement with Docker
1.1 Your use of the Docker Services are governed by this agreement (the “Terms”). “Docker, Inc.” means
Docker, Inc., located at 475 Brannan Street, Suite 310, San Francisco, CA 94104, United States, and its
subsidiaries or affiliates involved in providing the Docker Services. The “Docker Services” means the services
Docker, Inc. makes available through this website (including the Docker Hub website) and any other software or
services offered by Docker, Inc. Your use of the Docker open-source application container engine, including
without limitation the Kitematic application (collectively, “Docker”) is likewise governed by the Terms as
described in more detail below.
1.2 In order to use the Docker Services, you must first agree to the
Terms. You can agree to the Terms by actually using the Docker Services or downloading Docker. You understand
and agree that Docker, Inc. will treat your use of the Docker Services and/or your downloading of Docker or
use of the docker.com website as acceptance of the Terms from that point onwards.
1.4 You may not use
Docker or Docker Services if you are a person barred from receiving Docker Services under the laws of the
United States or other countries, including the country in which you are resident or from which you use Docker
or Docker Services, or international laws or treaties. You affirm that you are over the age of 13, as Docker
and the Docker Services are not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF
18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU
AGREE TO REVIEW THE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN
UNDERSTAND AND AGREE TO THE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THE TERMS ON
YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN
YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE DOCKER SERVICES AND DOCKER, INCLUDING
ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR
1.5 You agree that your use or
purchases of Docker Services and/or Docker are not contingent on the delivery of any future functionality or
features or dependent on any oral or written public comments made by Docker, Inc. or any of its affiliates
regarding future functionality or features.
2. Your Account and Use of the Docker Services
2.1
You must provide accurate and complete registration information any time you register to use the Docker
Services. You are responsible for the security of your passwords and for any use of your account. If you
become aware of any unauthorized use of your password or of your account, you agree to notify Docker, Inc.
immediately.
2.2 Your use of the Docker Services must comply with all applicable laws, regulations and
ordinances, including any laws regarding the export of data or software.
2.3 You agree not to (a)
access (or attempt to access) the administrative interface of the Docker Services by any means other than
through the interface that is provided by Docker, Inc. in connection with the Docker Services, unless you have
been specifically allowed to do so in a separate agreement with Docker, Inc., or (b) engage in any activity
that interferes with or disrupts the Docker Services (or the servers and networks which are connected to the
Service).
2.4 You may use the Docker Services only to develop and run Applications on the Docker
infrastructure. You may not access the Docker Services for the purpose of bringing an intellectual property
infringement claim against Docker, Inc. or for the purpose of creating a product or service competitive with
the Docker Services.
*2.5 *Your account may have usage limits, as further explained on the Docker
websites or other documentation provided by Docker, Inc. The Docker Services shall not permit you to exceed
the hard usage limits. Docker, Inc. reserves the right to enforce soft usage limits in its sole discretion,
which may result in Docker, Inc. serving a “quota exceeded” page to you or your end users (“End Users”).
Repeated exceeding of the hard or soft usage limits may lead to termination of your account
3. Privacy
and Restrictions on Use
3.1 The Docker Services and Docker shall be subject to the privacy policy for
the Docker Services and Docker available at http://www.docker.com/privacy.html You agree to the use of your
data in accordance with Docker, Inc.’s privacy policies.
3.2 You agree that you will protect the
privacy and legal rights of the End Users of your Application. You must provide legally adequate privacy
notice and protection for such End Users. If End Users provide you with user names, passwords, or other login
information or personal information, you must make the users aware that the information will be available to
your Application and to Docker, Inc.
3.3 The Content displayed and/or processed through your
Application or other web site utilizing the Docker Services shall not contain any of the following types of
content:
a. Content that infringes a third party’s rights (e.g., copyright) according to applicable
law;
b. Excessively profane content;
c. Hate-related or violent content;
d. Content advocating racial
or ethnic intolerance;
e. Content intended to advocate or advance computer hacking or cracking;
f.
Gambling;
g. Other illegal activity, including without limitation illegal export of controlled substances
or illegal software;
h. Drug paraphernalia;
i. Phishing;
j. Malicious content;
k. Other material,
products or services that violate or encourage conduct that would violate any criminal laws, any other
applicable laws, or any third-party rights.
3.4 You may not and may not allow any third party, including
your End Users, to:
a. Generate or facilitate unsolicited commercial email (“spam”). Such activity
includes, but is not limited to:
i. sending email in violation of the CAN-SPAM Act or any other applicable
anti-spam law;
ii. imitating or impersonating another person or his, her or its email address, or creating
false accounts for the purpose of sending spam;
iii. data mining any web property (including Docker) to
find email addresses or other user account information;
iv. sending unauthorized mail via open, third-party
servers;
v. sending emails to users who have requested to be removed from a mailing list;
vi. selling,
exchanging or distributing to a third party the email addresses of any person without such person’s knowing
and continued consent to such disclosure; and
vii. sending unsolicited emails to significant numbers of
email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
b.
Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory,
harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
c. Intentionally
distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a
destructive or deceptive nature;
d. Conduct or forward pyramid schemes and the like;
e. Transmit content
that may be harmful to minors;
f. Impersonate another person (via the use of an email address or otherwise)
or otherwise misrepresent yourself or the source of any email;
g. Illegally transmit another’s intellectual
property or other proprietary information without such owner’s or licensor’s permission;
h. Use the Docker
Services to violate the legal rights (such as rights of privacy and publicity) of others;
i. Promote or
encourage illegal activity;
j. Interfere with other users’ enjoyment of the Docker Services;
k. Sell,
trade, resell or otherwise exploit the Docker Services for any unauthorized commercial purpose;
l. Modify,
adapt, translate, or reverse engineer any portion of the Docker Services;
m. Remove any copyright,
trademark or other proprietary rights notices contained in or on the Docker Services;
n. Reformat or frame
any portion of the web pages that are part of the Docker Services’ administration display;
o. Use the
Docker Services in connection with illegal peer-to-peer file sharing;
p. Display any content on the Docker
Services that contains any hate-related or violent content or contains any other material, products or
services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or
any third party rights;
q. Modify the Docker logo or any other Marks owned by Docker, Inc.; or
r. Use
the Docker Services, or any interfaces provided with the Docker Services, to access any Docker product or
service in a manner that violates the Terms or other terms and conditions for use of such Docker product or
service.
4. Fees for Use of the Docker Services
4.1 Subject to the Terms, the Docker Services a
provided to you without charge up to certain limits. Usage over this limit requires your purchase of
additional resources or services. The pricing for additional resources and services can be found at
http://www.docker.com (or such URL as Docker, Inc. may provide).
4.2 For all purchased resources and
services, we will charge your credit card on a monthly basis or at the interval indicated in Docker, Inc. fees
and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the
highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all
taxes and government charges, and all reasonable expenses and attorneys fees Docker, Inc. incurs collecting
late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed
within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely
based on Docker, Inc.’s measurements of your use of the Docker Services, unless otherwise agreed to in
writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Docker, Inc. and
only in the form of credit for the Docker Services. Nothing in these Terms obligates Docker, Inc. to extend
credit to any party. You acknowledge and agree that any credit card and related billing and payment
information that you provide to Docker, Inc. may be shared by Docker, Inc. with companies who work on Docker,
Inc.’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit,
effecting payment to Docker, Inc. and servicing your account. Docker, Inc. may also provide information in
response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or
exercise its legal rights or defend against legal claims. Docker, Inc. shall not be liable for any use or
disclosure of such information by such third parties. Docker, Inc. reserves the right to discontinue the
provision of the Docker Services to you for any late payments.
4.3 Docker, Inc. may change its fees and
payment policies for the Docker Services by notifying you at least fifteen (15) days before the beginning of
the billing cycle in which such change will take effect. Changes to the fees or payment policies will be
posted on the website (or such other URL Docker may provide from time to time). Any outstanding balance
becomes immediately due and payable upon termination of the Terms for any reason.
4.4 You may not
develop multiple Applications to simulate or act as a single Application or otherwise access the Docker
Services in a manner intended to avoid incurring fees.
5. Content on the Docker Services and Take Down
Obligations
5.1 You understand that all information (such as data files, written text, computer
software, music, audio files or other sounds, photographs, videos or other images) to which you may have
access as part of, or through your use of, the Docker Services are the sole responsibility of the person from
which such content originated. All such information is referred to below as the “Content.” The term Content
shall specifically exclude the web application that you create using the Docker Services and any source code
written by you to be used with the Docker Services (collectively, “Applications”).
5.2 Docker, Inc.
reserves the right (but shall have no obligation) to remove any or all Content from the Docker Services. You
agree to immediately take down any Content that violates the Terms, including pursuant to a take-down request
from Docker, Inc. In the event that you elect not to comply with a request from Docker, Inc. to take down
certain Content, Docker, Inc. reserves the right to directly take down such Content or to disable
Applications.
5.3 In the event that you become aware of any violation of the Terms by an End User of
Applications, you shall immediately terminate such End Users’ account on your Application. Docker, Inc.
reserves the right to disable Applications in response to a violation or suspected violation of the
Terms.
5.4 You agree that you are solely responsible for (and that Docker, Inc. has no responsibility
to you or to any third party for) the Application or any Content that you create, transmit or display while
using the Docker Services and for the consequences of your actions (including any loss or damage which Docker,
Inc. may suffer) by doing so.
5.5 You agree that Docker, Inc. has no responsibility or liability for
the deletion or failure to store any Content and other communications maintained or transmitted through use of
the Service. You further acknowledge that you are solely responsible for securing and backing up your
Applications and any Content.
6. Proprietary Rights
6.1 You acknowledge and agree that Docker,
Inc. (or Docker, Inc.’s licensors) own all legal right, title and interest in and to the Docker Services and,
subject to Sections 7.6 and 8.4 below, Docker, including any intellectual property rights which relates to or
subsists in the Docker Services or Docker (whether those rights happen to be registered or not, and wherever
in the world those rights may exist).
6.2 Except as provided in Section 8, Docker, Inc. acknowledges
and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to
any Content or Applications that you create, submit, post, transmit or display on, or through, the Docker
Services, including any intellectual property rights which subsist in that Content and the Application
(whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Docker, Inc., you agree that you are responsible for
protecting and enforcing those rights and that Docker, Inc. has no obligation to do so on your
behalf.
7. License from Docker and Restrictions
7.1 Docker, Inc. gives you a limited, personal,
worldwide, revocable, royalty-free, non-assignable and non-exclusive license to use the software provided to
you by Docker, Inc. as part of the Docker Services as provided to you by Docker, Inc.. This license is for the
sole purpose of enabling you to use and enjoy the benefit of the Docker Services as provided by Docker, Inc.,
in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to): (a)
copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the
source code of the Docker Services or any part thereof, unless this is expressly permitted or required by law,
or unless you have been specifically told that you may do so by Docker, Inc., in writing (e.g., through an
open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the
Docker Services or any Applications running on the Docker Services.
7.3 Open source software licenses
for components of the Docker Services released under an open source license constitute separate written
agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the
open source licenses govern your agreement with Docker, Inc. for the use of the components of the Docker
Services released under an open source license.
7.4 Please refer to our Trademark Usage Guidelines for
acceptable and correct use of Docker, Inc.’s intellectual property.
7.5 Limited Trademark License.
Docker is the exclusive owner of the trademarks DOCKER and the Docker Whale Design (the “Docker Marks”) as
used in connection with containerization software and related software and services (“Goods/Services”). To
protect its trademark rights, Docker is required to control the use of its marks by others and the quality of
the services with which they are used by permission. Docker hereby grants to the individual or organization
identified above (“you”) a personal, non-exclusive, worldwide, paid-up and royalty free license, without right
of sub-license, to use the Docker Marks in connection with – Promoting, organizing and conducting
not-for-profit educational meetings relating to Docker and/or the Goods/Services via Meetup.com, Twitter.com
and other third-party websites and communicating related technical information to participants – subject to
the following terms and conditions. (a) Docker may terminate this license for any reason upon thirty (30)
days’ notice to you, and may terminate for breach or misuse of the Docker Marks at any time upon notice. (b)
All use by you of the Docker Marks shall inure to the benefit of Docker and you accrue no trademark-related
rights in the Docker Marks. (c) Docker has reviewed or will review the services previously offered by you and
agrees that they meet Docker’s quality control standards; Docker shall have the right but not the obligation
at any time to inspect the quality of the services that you offer and/or your advertisements or other
promotional communications and to require, as a condition of granting or continuing the license herein, that
you modify the services that you offer to conform to Docker’s standards of quality for such services. (d)
Docker does not grant a license to use the Docker Marks for any goods, services or purposes other than as
expressly stated herein. (e) Docker has no obligation to participate in or pay for any aspect of your
services. (f) As an express condition of Docker granting this license you agree not to initiate, file,
participate in or prosecute any lawsuit, claim, complaint or administrative proceeding to invalidate, revoke
or cancel any trademark, application, registration or domain name of Docker for any of the Docker Marks, in
whole or in part, in any court, trademark office, or other judicial or quasi-judicial tribunal anywhere in the
wo
7.6 Notwithstanding anything in the Terms to the contrary, Docker is made available to you by
Docker, Inc. under, and your use of Docker is subject to, the terms and conditions of the Apache 2.0 License
http://www.apache.org/licenses/LICENSE-2.0.html.
8. License from You
8.1 Docker, Inc. claims no
ownership or control over any Content or Application. You retain copyright and any other rights you already
hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate.
Except for Code that is subject to an open source license as described below in Section 8.4(b)(i), by
submitting, posting or displaying the Content on or through the Docker Services you give Docker, Inc. a
worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute such Content for the sole purpose of enabling Docker, Inc. to provide
you with the Docker Services. Furthermore, by creating an Application through use of the Docker Services, you
give Docker, Inc. a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate,
publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling
Docker, Inc. to provide you with the Docker Services.
8.2 You may choose to or we may invite you to
submit comments or ideas about the Docker Services, including without limitation about how to improve the
Docker Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is
gratuitous, unsolicited and without restriction and will not place Docker, Inc. under any fiduciary or other
obligation, and that we are free to use the Idea without any additional compensation to you, and/or to
disclose the Idea on a non-confidential basis or otherwise to anyone.
*8.3 *You agree that Docker,
Inc., in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and
other distinctive brand features in presentations, marketing materials, customer lists, financial reports and
Web site listings (including links to your website) for the purpose of advertising or publicizing your use of
the Docker Services.
8.4 Notwithstanding anything in the Terms to the contrary, the following terms and
conditions apply to Docker:
a. Docker is licensed under the Apache 2.0 License
http://www.apache.org/licenses/LICENSE-2.0.html. (For the sake of clarity, such license grant applies to pull
requests submitted for the Docker tool itself and not for any OS images that may otherwise be stored on Github
or the Docker Hub website and pulled via the Docker library.)
b. When you submit, post, upload or otherwise
provide any software code (“Code”) via GitHub or the Docker Hub website, you are certifying that: (i) all such
Code was created in whole or in part by you and you have the right to submit it under the open source license
indicated in the file; (ii) your contribution of Code is based upon previous work that, to the best of your
knowledge, is covered under an appropriate open source license and you have the right under that license to
submit that work with modifications, whether created in whole or in part by you, under the same open source
license (unless you are permitted to submit under a different license), as indicated in the file; or (iii)
such contribution was provided directly to you by some other person who certified (i) or (ii) and you have not
modified it.
c. You further certify that you understand and agree that Docker and your contribution to
Docker are public and that a record of the contribution (including all personal information that you submit
with it, including your sign-off) is maintained indefinitely and may be redistributed consistent with Docker
or the open source license(s) involved, and you agree to promptly notify us in writing if you do not have the
right to grant us the foregoing license to your Code.
d. For users posting Code on the GitHub website or
via the Docker Hub website, you are aware that certain postings of open source encryption code are controlled
under U.S. Export Control Classification Number (ECCN) 5D002, License Exemption TSU, which requires notice
prior to export by email to the U.S. government. Submit the notification or copy to crypt@bis.doc.gov and to
enc@nsa.gov. You are responsible for submitting this email to the U.S. government and Section 740.13(e) of the
Export Administration Regulations (“EAR”) 15 C.F.R. Parts 730-772. Docker shall not be distributed or
downloaded to or in Cuba, Iran, North Korea, Sudan or Syria and shall not be distributed or downloaded to any
person on the Denied Persons List administered by the U.S. Department of Commerce. Note that products which
use encryption solely for authentication are deemed 5×992 and the prior notification is not required. For more
information see: http://www.bis.doc.gov/encryption/question2.htm.
9. Add-ons
9.1 Docker, Inc.
may make available through the Docker Services additional features, functionality, and services offered by its
third-party partners (“Add-ons”). Your use of Add-ons is subject to these Terms and to the applicable fees.
You acknowledge for each Add-on you subscribe to or purchase through the Docker Services, these Terms
constitute a binding agreement between you and the third party licensor of that Add-on (“the Add-on Provider”)
only. The Add-on Provider of each Add-on is solely responsible for that Add-on, the content therein, and any
claims that you or any other party may have relating to that Add-on or your use of that Add-on. You
acknowledge that you are purchasing the license to each Add-on from the Add-on Provider of that Add-on;
Docker, Inc. is acting as agent for the Add-on Provider in providing each such Add-on to you; Docker, Inc. is
not a party to the license between you and the Add-on Provider with respect to that Add-on; and Docker, Inc.
is not responsible for that Add-on, the content therein, or any claims that you or any other party may have
relating to that Add-on or your use of that Add-on. You acknowledge and agree that Docker, Inc. and its
affiliates are third party beneficiaries of the agreement between you and the Add-on Provider for each Add-on,
and that Docker, Inc. will have the right (and will be deemed to have accepted the right) to enforce such
license against you as a third party beneficiary thereof.
9.2 By subscribing to or purchasing an
Add-on, you grant Docker, Inc. permission to share your Application, Content, and user information with the
Add-on Provider as necessary in order to provide you the Add-on.
9.3 The license granted to you to use
any Add-on is personal to you, and is not sublicensable to your End Users. You may not provide or resell
Add-ons to others
10. Recommendations
Docker, Inc. may, and you grant us permission to, make
recommendations via the Docker Services for products or services we think may be of interest to you based on
your Application(s), Content, and/or use of the Docker Services. We will never make recommendations directly
to your End Users.
11. Modification and Termination of the Docker Services and Docker
11.1
Docker, Inc. is constantly innovating in order to provide the best possible experience for its users. You
acknowledge and agree that the form and nature of the Docker Services which Docker, Inc. provides and/or
Docker may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes
to the form and nature of the Docker Services and/or Docker will be effective with respect to all versions of
the Docker Services or Docker, as applicable; examples of changes to the form and nature of the Docker
Services or Docker include without limitation, as applicable, changes to fee and payment policies, security
patches, added functionality, and other enhancements.
11.2 You may terminate these Terms at any time by
canceling your account on the Docker Services or discontinuing your use of Docker. You will not receive any
refunds if you cancel your account.
11.3 You agree that Docker, Inc., in its sole discretion and for
any or no reason, may terminate your account or any part thereof. You agree that any termination of your
access to the Docker Services may be without prior notice, and you agree that Docker, Inc. will not be liable
to you or any third party for such termination.
11.4 You are solely responsible for exporting your
Content and Application(s) from the Docker Services prior to termination of your account for any reason,
provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your
Content and Application(s).
11.5 Upon any termination of the Docker Services or your account these
Terms will also terminate, but Sections 6.1, 11, 12, 13, 14, and 18 shall continue to be effective after these
Terms are terminated.
12. EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR
LIMIT DOCKER INC.’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY
APPLICABLE LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE DOCKER SERVICES AND/OR
DOCKER IS AT YOUR SOLE RISK AND THAT THE DOCKER SERVICES AND DOCKER ARE PROVIDED “AS IS” AND “AS
AVAILABLE.”
12.3 DOCKER, INC., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS
WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE DOCKER SERVICES AND DOCKER, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, DOCKER, INC., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT
OR WARRANT TO YOU THAT: (A) YOUR USE OF THE DOCKER SERVICES OR DOCKER WILL MEET YOUR REQUIREMENTS, (B) YOUR
USE OF THE DOCKER SERVICES OR DOCKER WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE
DATA PROVIDED THROUGH THE DOCKER SERVICES WILL BE ACCURATE.
13. LIMITATION OF LIABILITY
13.1
SUBJECT TO SECTION 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOCKER, INC., ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF
LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR
INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
*13.2 *THE LIMITATIONS ON DOCKER INC.’S
LIABILITY TO YOU IN SECTION 12.1 ABOVE SHALL APPLY WHETHER OR NOT DOCKER, INC. HAS BEEN ADVISED OF OR SHOULD
HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. Indemnification
You agree to hold
harmless and indemnify Docker, Inc., and its subsidiaries, affiliates, officers, agents, employees,
advertisers, licensors, suppliers or partners (collectively “Docker and Partners”) from and against any third
party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Docker
Services or Docker, (c) your violation of applicable laws, rules or regulations in connection with the Docker
Services or Docker, or (d) your Content or your Application, including any liability or expense arising from
all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’
fees, of every kind and nature. In such a case, Docker, Inc. will provide you with written notice of such
claim, suit or action.
15. Copyright Policy
15.1 Docker has established the following process to
respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright
Act (“DMCA notices”).
15.2 If you believe that your copyrighted work has been copied in a way that
constitutes copyright infringement and is accessible via the Docker Services or as part of Docker, please
notify Docker, Inc.’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).
For your complaint to be valid under the DMCA, you must provide the following information in writing:
a. An
electronic or physical signature of a person authorized to act on behalf of the copyright owner;
b.
Identification of the copyrighted work that you claim is being infringed;
c. Identification of the material
that is claimed to be infringing and where it is located on the Docker Services or in Docker;
d.
Information reasonably sufficient to permit Docker, Inc. to contact you, such as your address, telephone
number, and e-mail address;
e. A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or law; and
f. A statement,
made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or
are authorized to act on behalf of the owner.
Docker , Inc.’s Designated Copyright Agent to receive
notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent
Docker,
Inc.
475 Brannan Street suite 310
San Francisco, CA 94104
Email: dmca [at] docker [dot] com
For
clarity, only DMCA notices should go to the Docker Designated Copyright Agent. Any other feedback, comments,
requests for technical support or other communications should be directed to Docker, Inc. customer service
through support [at] docker [dot] com.
16. Other Content
16.1 The Docker Services may include
hyperlinks to other web sites or content or resources or email content. Docker, Inc. may have no control over
any web sites or resources which are provided by companies or persons other than Docker, Inc..
16.2 You
acknowledge and agree that Docker, Inc. is not responsible for the availability of any such external sites or
resources, and does not endorse any advertising, products or other materials on or available from such web
sites or resources.
16.3 You acknowledge and agree that Docker, Inc. is not liable for any loss or
damage which may be incurred by you or your End Users as a result of the availability of those external sites
or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any
advertising, products or other materials on, or available from, such web sites or resources.
17.
Changes to the Terms
17.1 Docker, Inc. may make changes to the Terms from time to time. When such
changes are made, Docker, Inc. will make the updated Terms available on its website.
17.2 You
understand and agree that if you use the Docker Services or Docker after the date on which the Terms have
changed, Docker, Inc. will treat your use as acceptance of the updated Terms.
18. General Legal
Terms
18.1 The Terms constitute the whole legal agreement between you and Docker, Inc. and govern your
use of the Docker Services (but excluding any services which Docker, Inc. may provide to you under a separate
written agreement) and, subject to the terms and conditions of the GitHub website, Docker, and completely
replace any prior agreements between you and Docker, Inc. in relation to the Docker Services or
Docker.
18.2 There are no third party beneficiaries to these Terms. The parties are independent
contractors, and nothing in these Terms creates an agency, partnership or joint venture.
18.3 If
Docker, Inc. provides you with a translation of the English language version of these Terms, the English
language version of these Terms will control if there is any conflict.
18.4 You agree that Docker, Inc.
may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or
postings on the Docker Services or the Docker website. By providing Docker, Inc. your email address, you
consent to our using the email address to send you any notices required by law in lieu of communication by
postal mail.
18.5 You agree that if Docker, Inc. does not exercise or enforce any legal right or remedy
which is contained in the Terms (or which Docker, Inc. has the benefit of under any applicable law), this will
not be taken to be a formal waiver of Docker, Inc.’s rights and that those rights or remedies will still be
available to Docker, Inc..
18.6 Docker, Inc. shall not be liable for failing or delaying performance of
its obligations resulting from any condition beyond its reasonable control, including but not limited to,
governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power
failures, and Internet disturbances.
18.7 The Terms, and your relationship with Docker, Inc. under the
Terms, shall be governed by the laws of the State of California without regard to its conflict of laws
provisions. You and Docker, Inc. agree to submit to the exclusive jurisdiction of the courts located within
the county of San Francisco, California to resolve any legal matter arising from the Terms.
18.8
Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or
otherwise, without the prior written consent of the other party (not to be unreasonably withheld).
Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these
Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition,
corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor
of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this
paragraph shall be, at the non-assigning party’s election, termination of your use of the Docker Services upon
written notice to the assigning party.