CHECKMARX VSTS PLUGIN TERMS & CONDITIONS PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (THE "TERMS"). BY INSTALLING OR USING THE CHECKMARX VSTS PLUGIN (THE “PLUGIN”), YOU AGREE TO BE BOUND BY THESE TERMS WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU (AND, IF YOU ARE USING THE PLUGIN ON BEHALF OF AN ORGANIZATION, YOUR ORGANIZATION) AND CHECKMARX LTD. (“CHECKMARX”). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT DOWNLOAD, INSTALL OR USE THE PLUGIN. IF YOU ARE USING THE PLUGIN ON BEHALF OF AN ORGANIZATION THEN REFERENCES TO “YOU” IN THESE TERMS SHALL INCLUDE THAT ORGANIZATION AND YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE ORGANIZATION WITH THE AUTHORITY TO BIND THE ORGANIZATION TO THESE TERMS. GENERAL The Plugin allows you to access certain functionality available through the Checkmarx online service (the “Service”). If you or your organization do not already have an account to use the Service, you will be required to register an account to use the Service. The Service is subject to additional terms and conditions which are located at: [URL]. LICENSE AND INTELLECTUAL PROPERTY RIGHTS Checkmarx hereby grants you a worldwide, non-exclusive, revocable non-transferrable, royalty-free license to use the Plugin in connection with the Service, all in accordance with these Terms. Checkmarx may discontinue or withdraw the Plugin, terminate this license, and/or terminate your use of the Plugin at any time, with or without notice to you. Upon termination: (a) all rights and licenses granted to you herein shall terminate; and (b) you must cease all use of the Plugin. You will not: (a) modify, adapt or translate the Plugin; (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Plugin; (c) remove or destroy any copyright notices or other proprietary markings; or (d) rent, lease, sell, loan, sublicense, assign or otherwise transfer your rights In the Plugin. All intellectual property rights of any nature in the Plugin and the Service are owned by Checkmarx or its licensors. All rights not expressly granted herein are reserved by Checkmarx. LIMITATION OF LIABILITY THE PLUGIN IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE PLUGIN AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PLUGIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHECKMARX DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHECKMARX SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGE OR LOSS OF ANY KIND RELATED TO THESE TERMS OR YOUR USE OF THE PLUGIN, EVEN IF CHECKMARX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CHECKMARX RELATED TO THESE TERMS OR YOUR USE OF THE PLUGIN, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY LOSS, DAMAGE, COST, EXPENSES OR INJURY UNDER WHATEVER CAUSES OF ACTION, AND WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF THE PLUGIN. GOVERNING LAW These Terms are governed by and construed under the laws of the State of New York, USA, without giving effect to conflicts of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. These Terms constitute a binding legal agreement made in the State of New York. Any action arising out of or relating to these Terms or the Plugin may be brought only before a federal or state court of competent jurisdiction located in New York, New York, and you consent to the exclusive jurisdiction and venue of such courts and waive any objections of improper venue or inconvenient forum.
These terms were last modified on June 27, 2016.