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THE FOLLOWING TERMS OF SERVICE (THESE “TOS”) SHALL BE DEEMED INCORPORATED BY
REFERENCE INTO EACH ORDER (AS DEFINED BELOW) BETWEEN PREGIT.IO AND THE LICENSEE IDENTIFIED THEREIN (“LICENSEE”).
YOUR RIGHT TO ACCESS AND USE THE SERVICE (AS DEFINED BELOW), WHETHER OR NOT AN ORDER HAS BEEN EXECUTED BETWEEN
PREGIT.IO AND YOU (OR AN ENTITY THAT YOU REPRESENT), IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TOS. BY
ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TOS. IF YOU ARE ENTERING INTO THIS
AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH
ENTITY, ITS AFFILIATES AND ALL USERS (AS DEFINED BELOW) WHO ACCESS THE SERVICE ON BEHALF OF SUCH COMPANY OR
ENTITY TO THESE TOS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND
USERS ASSOCIATED WITH SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TOS, YOU
MAY NOT USE THE SERVICES.
- Acceptance of Terms. Pregit.io provides its service to you
through its web site located at https://pregit.io (the “Site”), pursuant
to these TOS. The “Service” includes (a) the Site, and(b) all software,
data, documentation, reports, text, images, sounds, video, and content made available through any of
the foregoing (collectively referred to as the “Content”). By accessing
or using the Service, Licensee unconditionally accepts and agrees to all of the terms of these TOS. Licensee
represents that it has the authority to bind itself and its affiliates to the terms of these TOS, and,
accordingly, the term “Licensee” shall refer to such entity. If Licensee is an individual using the Service,
the terms “Licensee” and “User” shall each apply to such individual using the Service for the purposes of
these TOS. Capitalized terms not defined herein shall be given the meaning set forth in the applicable
Order. These TOS shall apply to all use by Licensee and Users (as defined below) of the Service. “User” means an individual who is authorized by Licensee to use the
Service, for whom Licensee (or Pregit.io at Licensee’s request) has supplied a user identification and
password using an External Application (as defined below), e.g. GitHub via oAuth.
- Technical Preview Alpha Disclaimer. THE TECHNICAL PREVIEW ALPHA SOFTWARE OR
HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE
SOLE PURPOSE OF PROVIDING PREGIT.IO WITH FEEDBACK ON QUALITY, USABILITY, PERFORMANCE AND THE
IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY
IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE AND/OR ACCOMPANYING MATERIALS. THE
POSSIBILITY OF THE CORRUPTION OF DATA AND/OR THE LOSS OF DATA EXISTS. PREGIT.IO STRONGLY ENCOURAGES YOU
TO BACK UP ALL DATA AND INFORMATION. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH THE USE OF THE
SOFTWARE OR SERVICE.
- Confidentiality. Any technical, financial, business or other information provided
by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) and designated as confidential or proprietary or that
reasonably should be understood to be confidential given the nature of the information and the circumstances
of disclosure (“Confidential Information”) shall be held in confidence and
not disclosed and shall not be used except to the extent necessary to carry out the Receiving Party’s
obligations or express rights hereunder, except as otherwise authorized by the Disclosing Party in writing.
For clarity, the Service and Content shall be deemed Confidential Information of Pregit.io whether or not
otherwise designated as such. The Receiving Party shall use the same degree of care that it uses to protect
the confidentiality of its own confidential information of like kind (but not less than reasonable care).
These obligations will not apply to information that (i) was previously known by the Receiving Party, as
demonstrated by documents or files in existence at the time of disclosure, (ii) is generally and freely
publicly available through no fault of the Receiving Party, (iii) the Receiving Party otherwise rightfully
obtains from third parties without restriction, or (iv) is independently developed by the Receiving Party
without reference to or reliance on the Disclosing Party’s Confidential Information, as demonstrated by
documents or files in existence at the time of disclosure. The Receiving Party may disclose Confidential
Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party
gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and
reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the
disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential
Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party
is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable
cost of compiling and providing secure access to that Confidential Information. In the event that such
protective order or other remedy is not obtained, the Receiving Party shall furnish only that portion of the
Confidential Information that is legally required and use commercially reasonable efforts to obtain
assurance that confidential treatment will be accorded the Confidential Information.
- External Application.
means a web-based or offline software application that is provided by Licensee or a third party and
interoperates with the Service.
Licensee and its Users may enable or log in to the Service via various External Applications,
such as GitHub. By logging in or directly integrating these External Applications into the
Service, Pregit.io make Users’ online experiences richer and more personalized. To take advantage of
this feature and capabilities, Pregit.io may ask Users to authenticate, register for or log into
External Applications on the websites of their respective providers. As part of such
integration, the External Applications will provide Pregit.io with access to certain information
that Users have provided to such External Applications, and Pregit.io will use, store and
The manner in which External Applications use, store and disclose
Licensee and User information is governed solely by the policies of the third parties operating the
External Applications, and Pregit.io shall have no liability or responsibility for the privacy
practices or other actions of any third party site or service that may be enabled within the
Service. In addition, Pregit.io is not responsible for the accuracy, availability or reliability of
any information, content, goods, data, opinions, advice or statements made available in connection
with External Applications. As such, Pregit.io shall not be liable for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such External
Applications. Pregit.io enables these features merely as a convenience and the integration or
inclusion of such features does not imply an endorsement or recommendation.
As part of using the Service, Pregit.io will provide Licensee with the opportunity to submit comments,
suggestions, or other feedback regarding the use of the Service. Licensee agrees that in the absence of a
separate written agreement to the contrary, Pregit.io will be free to use any feedback Licensee provides for
Licensee hereby grants to Pregit.io a
worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Service any
suggestion, enhancement request, recommendation, correction or other feedback provided by Licensee
or Users relating to the operation of the Service.
- Grant of License.
Subject to the terms and conditions of this Agreement, Pregit.io hereby grants to you a non-exclusive,
non-transferable license (without the right to sublicense) (i) to use the Service in accordance
with TOS solely for purposes of internal testing and evaluation, (ii) provided that you do
not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer,
decompile, or otherwise attempt to discover the source code, sell, lease, sublicense, assign, grant a
security interest in or otherwise transfer any right in the Service, (iii) use the Service or
Content, or allow the transfer, transmission, export, or re-export of the Service or Content or
portion thereof, in violation of any export control laws or regulations administered by any government
(iv) use the Service to store or transmit
infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material
in violation of third-party privacy or intellectual property rights, (v) use the Service to store or
transmit malicious code, files, scripts, agents
or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan
horses, (vi) interfere with or disrupt the integrity or
performance of the Service or its components, (vii) attempt to gain unauthorized access to the
Service or its related systems or networks, (viii) copy the Service or any
part, feature, function or user interface thereof, access the Service in order to build a
competitive product or service or (ix) use the Service for any purpose other than as expressly
- Technical Preview Alpha-Software or Service Support.
Pregit.io is under no obligation to provide technical support under the terms of this license, and provides
assurance that any specific errors or discrepancies in the Software or Service will be corrected.
- Ownership and Copyright of Software.
Subject to the limited rights expressly granted
hereunder, Pregit.io and its licensors reserve all of Pregit.io’s and its licensors right, title and
interest in and to the Service, including all of Pregit.io’s and its licensors related intellectual
property rights. No rights are granted to Licensee hereunder other than as expressly set forth
herein. Licensee hereby
grants Pregit.io a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, limited-term
license to host, copy, transmit and display Licensee Content that Licensee or any User posts to the
Service, solely as necessary for Pregit.io to provide the Service in accordance with these TOS.
Subject to the limited licenses granted herein, Pregit.io acquires no right, title or interest from
Licensee or Licensee’s licensors under these TOS in or to Licensee Content.
THE SERVICE IS LICENSED "AS IS" AND "AS AVAILABLE", AND PREGIT.IO DISCLAIMS ANY AND ALL OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW.
WITHOUT LIMITATION OF
THE FOREGOING, PREGIT.IO EXPRESSLY DOES NOT WARRANT THAT THE SERVICE WILL MEET LICENSEE'S REQUIREMENTS OR
THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT THE USE OF THE SERVICE IS AT LICENSEE'S SOLE RISK AND THE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PREGIT.IO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. IN PARTICULAR, PREGIT.IO MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET LICENSEE'S
(II) LICENSEE'S USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE; (III)
ANY INFORMATION OBTAINED BY LICENSEE AS A RESULT OF
THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO
PART OF THE SERVICE WILL BE CORRECTED.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY
(WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL PREGIT.IO BE LIABLE TO LICENSEE, ANY USER OR ANY THIRD-PARTY
FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES. INCLUDING LOST
PROFITS, LOST SALES OR BUSINESS, LOST DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES OR (B) FOR ANY DIRECT
DAMAGES, COST, LOSSES OR LIABILITIES LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.