Circle Internet Services, Inc.’s (“CircleCI”) Services include optional hybrid software applications that you download, install, and access on Equipment in your environment through an internet connection to complete Jobs or enable various product features (collectively, “Self-Hosted Applications”).
If you download Self-Hosted Applications, these Supplemental Terms (the “SHA Terms”) shall govern such download, installation or access and supplement any online or negotiated SaaS or Software License Agreement (collectively, Agreement”) that you have entered or may enter into with us. Capitalized terms not defined herein shall have the meaning set forth in the Agreement.
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Authority and Effective Date
These SHA Terms do not have to be signed to be binding. Your download of Self-Hosted Applications is your acceptance of these SHA Terms, and these SHA Terms become effective on that date. We may modify these SHA Terms at any time by posting a revised version at https://circleci.com/legal/sha-terms/. The revised version will become effective on the day it is published, superseding the prior version.
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Fees
Fees associated with using Self-Hosted Applications are available at https://circleci.com/pricing/.
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License Grant, Ownership, Feedback
During the Term of the Order, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to download, install, and access Self-Hosted Applications on your Equipment solely in accordance with these SHA Terms and the Agreement. We reserve our entire right, title, and interest in and to Self-Hosted Applications, and you do not acquire any ownership interest in, or any other Intellectual Property Rights to Self-Hosted Applications. You agree that all Feedback about Self-Hosted Applications is governed by the Agreement.
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Updates
We may from time to time in our sole discretion develop and release updates to Self-Hosted Applications, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “SHA Updates”). We will provide you with notice of new SHA Updates, and you agree to download and install such SHA Updates promptly and acknowledge and agree that Self-Hosted Applications or portions thereof may not properly operate until you comply. You further agree that all SHA Updates are deemed part of Self-Hosted Applications upon release and are subject to these SHA Terms and the Agreement.
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Limitations
You acknowledge and agree that (a) Self-Hosted Applications may be inaccessible or inoperable due to periodic maintenance or repairs that we make from time to time or due to Force Majeure Events, and we have no control over, and assume no liability for, the availability of Self-Hosted Applications on a continuous or uninterrupted basis; (b) Self-Hosted Applications may not work on all Equipment available now or in the future; (c) we do not provide support for your Equipment and we shall have no liability to you for any damage caused to such Equipment resulting from your access of Self-Hosted Applications; and (d) we are not liable for inoperability of Self-Hosted Applications due to your delay in installing SHA Updates.
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Your Additional Warranty
You represent and warrant: (a) you own or license rights to any Equipment on which Self-Hosted Applications is installed, and you are solely responsible for the configuration, security, maintenance, and costs of such Equipment; and (b) you will not violate the Prohibited Uses section of our Acceptable Use Policy (https://circleci.com/legal/acceptable-use/).
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Other Terms
These SHA Terms terminate upon expiration or earlier termination of your subscription to our Services in accordance with an Order or the Agreement. The Parties’ confidentiality, indemnification, limitation of liability, and warranty obligations under the Agreement extend to these SHA Terms. If there is a conflict between these SHA Terms and the Agreement, these SHA Terms shall control and govern your download, installation, and access of Self-Hosted Applications only.