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Service Terms

The following Service Terms apply only to the specific component of SSN Technology to which the Service Term relates.  In the event of a conflict between the terms of these Service Terms and the terms of the Solid State Networks Customer Agreement governing your use of the SSN Technology (the “Agreement”), the terms and conditions of these Service Terms apply but only to the extent of such conflict.  Capitalized terms used herein but not defined herein shall of the meanings set forth in the Agreement.

Customers accessing or using any SSN Technology components or services covered herein (the “Services”) are bound by these terms.

1. Universal Service Terms

(a) Customer must comply with the current technical documentation applicable to the Services including applicable developer guides as provided and updated by SSN.  In addition, if Customer creates technology that works with a Service, Customer must comply with the current technical documentation applicable to that Service as posted and updated by SSN from time to time on the SSN support site http://support.solidstatenetworks.com .

(b) Customer Content.  Customer may only use the Services with content that is owned, licensed or lawfully obtained by Customer (“Customer Content”.)

(i) Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Content. For example, Customer is solely responsible for:

(1) The technical operation of Customer Content, including ensuring that calls Customer make to any SSN Service are compatible with then-current APIs for that service;

(2) Compliance of Customer Content with the Acceptable Use Policy, and applicable laws;

(3) Any claims relating to Customer Content; and

(4) Properly handling notices sent to you (or any of your affiliates) by any person claiming that Customer Content violates such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.

(ii) SSN, without limiting our rights under the Acceptable Use Policy, may, but has no obligation to, review and remove any Customer Content that we reasonably believe breaches any terms of this Agreement or may give rise to liability.  We may review and utilize Customer Content and, on an anonymous basis, to observe, study, test, maintain or improve the functioning or performance the SSN Services, or to ascertain or evaluate a breach of this Agreement.

(iii) Customer may be allowed to use certain software provided to SSN by third party licensors.  This software is neither sold nor distributed to Customer and you may use it solely as part of the Services.  Customer may not transfer it outside of the Services without specific authorization from SSN to do so.

(iv) If SSN reasonably believe any of Customer Content violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement including any SSN documentation, the Service Terms, or the Acceptable Use Policy (the “Prohibited Content”), we will notify Customer of the Prohibited Content and may request that such content be removed from the Services or access to it disabled.  If Customer does not remove or disable access to the Prohibited Content within two (2) business days of the receipt of the notice, SSN may suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content.  Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services, pursuant to the Digital Millennium Copyright Act or as required to comply with law or any judicial, regulatory or other governmental order or request.  In the event that SSN removes content without prior notice, SSN will provide prompt notice to Customer unless prohibited by law.

(c) End of Life.  SSN may, at its discretion, decide to retire certain SSN Technology (“End of Life”).  SSN shall post for all Customers notice, including the last date of general commercial availability of the affected SSN Technology and the timeline for discontinuing Support.  SSN shall have no obligation to provide Support for SSN Technology past its End of Life date.

(d) Beta Protection.  SSN will, from time to time, provide access and use of certain features, technologies and services to Customer that are not yet generally available to the public including but not limited to any products, services, features and documentation labeled as “beta”, “preview”, “pre-release”, “engineering-release”, or “developer-preview” (each, a “Beta Service”).

(i)During the term of the applicable Beta Service as specified by SSN, Customer may access and use the Beta Service solely for internal evaluation purposes.

(ii) Customer is not allowed to provide access to or use of any Beta Service including but not limited to associated documentation by any third party.

(iii) Service Level Agreements do not apply to Beta Services.

(iv) SSN may modify, suspend or terminate Customer’s access to or use of any Beta Service at any time.

(v) In consideration for being allowed to access and use Beta Service, Customer agrees to provide SSN with information relating to access, use, testing, or evaluation of the Beta Services including but not limited to observations or information regarding performance, features and functionality of the Beta Service when reasonably requested by SSN (“Beta Observations”).  SSN will own and may use all Beta Observations for its own purpose.

(vi) Beta Services, Beta Observations or any other information about or involving any Beta Service are considered SSN Confidential Information.  Customer will not disclose, including but not limited to in a press release or public statement any Beta Observations concerning a Beta Service or any other information about or involving any Beta Service except as agreed by SSN in writing.

(vii) Because Beta Services involve features, technologies and services that are not yet generally available to the public, Customer acknowledges that any violation of this Section 1(d) could cause irreparable harm to SSN for which monetary damages may be difficult to ascertain or an inadequate remedy.  Customer therefore agrees that SSN will have the right, in addition to its other rights and remedies, to seek injunctive relief for any violation of this Section 1(d).

2. DIRECT Client SDK

(a) DIRECT Materials. The DIRECT Client SDK consists of a set of SSN Software, including binaries, console tools, sample code, configuration files, Chromium Embedded Framework libraries (CEF Libraries), sample scripts, uniform resource locators (URLs) and application programming interfaces (APIs), together the “SDK”.

(i) Distributable Software.  Specific components of SSN Software provisioned to Customer under the Agreement that are identified by SSN as being distributable software, including all associated software assets, libraries, scripts, APIs, updates, upgrades and modifications thereof provided by SSN, are “Distributable Software”.  Software components that are not identified as “Distributable Software” by SSN are not distributable software.

(ii) Non-Distributable Software. Any components of the SSN Software that have been provisioned by SSN under the Agreement to the Customer, not identified as Distributable Software and are intended only for Customer’s internal use (“Non-Distributable Software”.)

(iii) Approved Use.  Customer may use the DIRECT Materials to develop DIRECT Projects, for the primary purpose of managing transfers of Customer Content to Customer’s authorized end users, defining user and system work flows, and/or defining the user experience associated with the transfer, access to and use of Customer Content.

(b) License Grant.  Subject to Customer’s compliance with the restrictions, terms and conditions of the Agreement and these Service Terms that pertain to the SSN Software, SSN grants Customer a limited, non-exclusive, non-transferable, non-sublicensable (except to Customer’s end users as provided herein) license to use SSN Software, expressly conditioned upon Customer’s execution of an Order Form and the following:

(i) Customer may use and reproduce SSN Software solely in connection with the development of the DIRECT Project(s) and the subsequent distribution of the DIRECT Project(s)to Customer’s end users (“End Users”);

(ii) Customer’s may reproduce and distribute the Distributable Software in object code form only and solely in connection with the DIRECT Project, to end users of the DIRECT Project;

(iii) Customer may use and reproduce Non-Distributable Software only for internal use.  SSN does not grant Customer the right to sublicense, cross-license, or otherwise grant third party access to the Non-Distributable Software, except as otherwise expressly set forth herein; and

(iv) Customer may not modify, or cause to be modified, any part of SSN Software without the express written consent of SSN, including removing or substantially altering any components of SSN Software.  Customer may:

(1) use and modify files that are provided by SSN with the Distributable Software identified by SSN as sample or reference code intended to demonstrate proper implementation and functional operability with the Distributable Software’s APIs; and

(2) incorporate other Customer Technology and/or third party code that utilizes one or more API functions for the purpose of enhancing or extending functionality of the Distributable Software in connection with the DIRECT Project, as long as Customer does not combine, distribute, or otherwise use the Distributable Software or APIs with any code or other content which is covered by a license that  would directly or indirectly require that all or part of SSN Software be governed under any terms other than those of the Agreement (“Non-Compatible License”). Code or content under the following licenses, for example, are prohibited: GNU General Public License (GPL), Lesser GPL (LGPL) (unless you are merely dynamically linking a shared library), or Creative Commons Attribution ShareAlike License. Code or content under the following license, for example, are allowed: BSD License, MIT License, Microsoft Public License, or Apache License.

(v) Customer may not circumvent any technological measures, event reporting, access controls or other security controls incorporated in or otherwise associated with any components of SSN Software.

(vi) Except as expressly provided in the Agreement, Customer may not sublicense, or otherwise grant any third party access to SSN Software.   Notwithstanding the foregoing, Customer may provide the Distributable Software to third party outside developers, Affiliates or service providers in object form for the limited purpose of development, testing, sale operation and/or maintenance of the DIRECT Project provided that such third parties are providing services to Customer pursuant to a written agreement that includes confidentiality provisions no less restrictive than the provisions contained herein.

(vii) If Customer engages third parties or Affiliates to distribute the DIRECT Project pursuant to a written agreement that includes confidentiality provisions no less restrictive than the provisions contained herein, Customer may sublicense to such third party distribution partners the Distributable Software in object code form for further distribution to end users.  If such third party or Affiliate requires the use of Non-Distributable Software, such use will be subject to additional terms and conditions and require an executed Affiliate License provided by SSN.

(viii)Except as expressly provided in the Agreement, Customer may not copy any portion of SSN Software, nor distribute, display, loan, rent, lend, lease, or otherwise transfer any portion of SSN Software to another person.

(ix) Customer may not:

(1) translate, reverse engineer, decompile, recompile or disassemble SSN Software, or otherwise attempt to do any of the foregoing;

(2) attempt in any other manner to derive source code or other trade secrets from SSN Software not explicitly provided to Customer by SSN; or

(3) authorize, assist, encourage or knowingly permit any third party to do any of the foregoing.

(x) Customer shall not remove, attempt to remove, circumvent or attempt to circumvent any technical safeguards from SSN to allow use outside the Subscription or the DIRECT Project.

(xi) Customer shall not infringe or violate any intellectual property or proprietary, personal, moral or other rights or the privacy of SSN or any third party vendor, supplier or partner to SSN.

(xii) Without limiting Customer’s right to offer warranties to end users of the DIRECT Project, Customer shall not make any other warranty or representation about SSN Software other than the express warranties provided in the Agreement.

(c) Upgrades and Modifications.  SSN may update, upgrade or otherwise modify (“Modifications”) SSN Software at any time at SSN’s sole discretion.

(i) Availability of Modifications.  During an active Subscription Term Customer is eligible to receive Modifications to SSN Software.  SSN will notify Customer of SSN’s release of any such Modifications.

(ii) Ownership of Modifications.  All right, title and interest in all Modifications made by SSN to SSN Software, including all associated intellectual property rights, will remain the sole and exclusive property of SSN.  Upon their release to Customer, such Modifications will be deemed to constitute SSN Software for purposes of the Agreement.

(iii) Required Modifications. SSN may require Customer, upon written notice, to install Modifications made to the Non-Distributable Software.  If Customer fails to deploy a required Modification, some or all of SSN Software may not work properly, and all warranties, express and implied related to SSN Software will immediately become void and unenforceable to the extent the failure of SSN Software directly results from the Customer’s failure to deploy the Modification.

(d) DIRECT Project Use Cases.

(i) Skin File Templates.  The DIRECT Client contains directories of resource files that determine the appearance, functionality and behavior of a DIRECT Project (the “Templates”).  Templates are Distributable Software. Templates are each designed to support specific use cases (the “Use Cases”) and may be subject to additional fees as indicated on the Customer Order Form.

The DIRECT Materials in the directories below are designated as “Skin File Templates”:
/installer
/branchmgr
/template

(ii) Modifications to Templates.  Customer may change, remove, modify or add to the Template resources, including adding Customer Content as Skin File resources, except that: a) Customers may not remove, modify, alter, change or add any files to the /js subdirectory (the “JS Directory”) without SSN’s prior approval, and  b) Customer may not remove, alter, change, add or replace Template resources such that the resulting DIRECT Project is no longer representative of the intended Use Case, without SSN’s prior approval.

(iii) Branch Manager Template.  The Branch Manager Template is designed for enabling a DIRECT Project to the distribution of multiple versions of Customer Content in support of internal operations throughout the Customer’s organization.  The Branch Manager is not intended for supporting distribution of Customer Content external to the Customer’s organization.

(iv) Launcher Template.  The Launcher Template is designed to provide a user interface within the CEF Launcher that includes Customer Content and is suitable for use by end users of in the download, update and launching of a single application.  The Launcher Template is not intended for supporting multiple applications or catalogs of content.

(vi) Web Installer Template.  The Web Installer Template is designed to create a unique DIRECT Project that performs installer actions necessary for successful installation of another DIRECT Project.

(e) Restrictions

(i) Operating Restrictions.  Without prior written consent from SSN,

(1) the DIRECT Materials may only be run on computer equipment owned and operated by Company or its End Users.

(2) a DIRECT Project may only be configured to make repository HTTP requests from servers operated by a third-party vendor if that vendor is a member of SSN’s partner ecosystem.

(3) a DIRECT Project may only be configured to send data on workflow events to data collection services as specified by SSN.

(ii) Other Restrictions. Without limiting the license restrictions set out elsewhere in the Agreement, Customer may not use or exploit the DIRECT Materials or any portion thereof to develop, maintain, participate in the development of, or support any competing software or solution.

(iii) Code Signing. Customer is responsible for code signing DIRECT Project(s).  Customer is solely responsible for the purchase, renewal, security and proper configuration of the code signing certificate used with the SDK.  SSN supports only SHA-256 certificates from the following certificate authorities:  Thawte, Verisign/Symantec, Comodo and Digicert.

(f) CEF Libraries. CEF is an open source browser technology for providing a graphical user interface that has been integrated with the DIRECT Distributable Software.  DIRECT Projects that include the CEF Libraries may not circumvent the launch functionality, use another launcher or seek to launch custom processes other than those processes that are available and activated for use in the Distributable Software received from SSN, without SSN’s prior approval.

(g) Interop Libraries.

(i) Customer DLLs.  Customer may include in a DIRECT Project custom code libraries (“Customer DLLs”) for the purpose of achieving interoperability between the DIRECT Distributable Software and Customer Content and/or Customer Technology, provided Customer’s Subscription Plan specifically includes a license to and support for the Interop API.  Customer DLLs may only be included as dynamically linked libraries (“DLLs”) that interact via the Interop API.  Customer is solely responsible for performance, interoperability with the DIRECT Interop API and maintenance of any Customer DLLs.

(ii) Third Party Service Integrations.  SSN Technology that achieves interoperability of the DIRECT Distributable Software and certain third party services may be or become available as an interop DLL (the “3rd Party Interop DLL”).  Customer may include a 3rd Party Interop DLL in binary form for distribution only with a DIRECT Project. If SSN provides Customer access to the 3rd Party Interop DLL source code, then Customer is authorized to modify, add to or otherwise improve the source code of the 3rd Party Interop DLL, provided that Customer submits any source code changes included in a DIRECT Project for distribution back to SSN.  All modifications, improvements and fixes to the Steam Interop DLL are SSN Technology, excluding any Customer Content or Customer Technology.  SSN representations, warranties and support are limited to the master branch of the 3rd Party Interop project.

3. Cloud Services. SSN may provision Customer cloud services via APIs and/or web applications for use in conjunction with the DIRECT Materials. Customer
3.1 Origin Service. Customer may use the Origin Service to ingest, store and maintain Customer Content on SSN’s cloud platform.

3.2  Delta Service.  Customer may use the Delta Service to create update byte-level update paths between versions of Customer Content intended for distribution to Customer’s End Users using the DIRECT Materials.

3.3 Customer may not access or attempt to access any SSN resources not provisioned and assigned to Customer by SSN.

3.4 If during the previous six months Customer incurs no fees for Cloud Services and there is no registered use of Cloud Services, upon thirty (30) days prior notice, SSN may delete, without liability of any kind, stored Customer Content.

Solid State Networks | Service Terms |v.ST1216