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wapm Open-Source Terms

These wapm Open Source terms of use (these Terms) govern access to and use of https://wapm.io/ (the Website) as well as the "wapm Public Registry" at https://registry.wapm.io (the Public Registry).

Wasmer, Inc. (wasmer) operates each of those services. These terms refer to all of them together as wapm Open Source.

wapm last updated these wapm Open Source Terms on March 21, 2019.

Important Terms

These Terms include a number of important provisions that affect your rights and responsibilities, such as the disclaimers in "Disclaimers", limits on wapm's liability to you in "Limits on Liability", and an agreement to arbitrate disputes individually in "Arbitration".

wapm Open Source and any Paid Services you may agree to use are together called wapm Services throughout these Terms.

Legal Agreement

You may only access or use wapm Services by agreeing to these Terms. If wapm adds any additional functionality to wapm Services, you must agree to these Terms to use that new functionality, too. You show your agreement with wapm on these Terms by creating a user account (your Account) or by accessing or using wapm Services without creating an account. The agreement between you and wapm is a legally binding contract (this Agreement).

Changes

wapm may change these Terms and the additional terms for Paid Services in the future. wapm will post changes on the Website with a new "last updated" date. If you have an Account, wapm will notify you of changes by email to the address provided for your Account, by a message on the Website, or both. If you do not have an account, wapm may notify you of changes by a general announcement via the Website, but it is up to you to check for changes to these Terms. After receiving notice of changes to these Terms, you must accept those changes to continue using wapm Services. You accept changes to these Terms by continuing to use wapm Services. wapm may change, suspend, or discontinue wapm Services at any time without notice or liability to you.

wapm Policies

wapm respects your privacy and limits use and sharing of information about you collected by wapm Services. The privacy policy at </policies/privacy> (the Privacy Policy) describes these policies. wapm will abide by the Privacy Policy and honor the privacy settings that you choose via wapm Services.

wapm resolves disputes about package names, user names, and organization names in the Public Registry per the policy at </policies/disputes> (Dispute Policy). This includes "package squatting".

Use of all wapm Services is governed by the code of conduct at </policies/conduct> (Code of Conduct).

wapm permits use of wapm trademarks per the policy at </policies/trademark>.

Use of wapm Open Source

Subject to these Terms, wapm grants you permission to use wapm Open Source. That permission is not exclusive to you, and you cannot transfer it to anyone else.

Your permission to use wapm Open Source entitles you to do the following:

  1. You may search for, download, publish, and manage packages of computer code (Packages) in the Public Registry, and otherwise interact with the Public Registry, via the command-line tool published by wapm at https://github.com/wapmio/cli (the CLI).

  2. You may search for, download, publish, and manage Packages using software other than CLI via application programming interfaces that wapm publicly documents or makes available for public use (Public APIs).

  3. You may search for and manage Packages in the Public Registry, and otherwise interact with the Public Registry, via the Website.

  4. You may update and manage your Account via the Website.

Conditions

Your permission to use wapm Open Source, as well as any permission you may have to use Paid Services, are subject to the following conditions:

  1. You must be at least 13 years of age to use wapm Services.

  2. You may not use wapm Services after wapm says you may not, such as by disabling your Account.

  3. You must use wapm Services only in accordance with "Acceptable Use".

  4. You may access and use data about the security of Packages, such as vulnerability reports, audit status reports, and supplementary security documentation, only for your own personal or internal business purposes. You may not provide others access to, copies of, or use of wapm data about the security of Packages, directly or as part of other products or services.

Acceptable Use

  1. You will abide by the Code of Conduct and the Dispute Policy.

  2. You will not submit material to wapm as a package or in any other form that violates wapm's Acceptable Content, described below.

  3. You will not disclose information that you do not have the right to disclose, such as confidential information of others.

  4. You will not copy or share any personally identifiable information of any other person without their specific permission.

  5. You will not violate any applicable law.

  6. You will not use or attempt to use another person's Account without their specific permission.

  7. You will not buy, sell, or otherwise trade in user names, organization names, names for Packages, or any other names reserved on wapm Services, for money or other compensation.

  8. You will not send advertisements, chain letters, or other solicitations via wapm Services.

  9. You will not automate access to, use, or monitor the Website, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. You may replicate data from the Public Registry using the Public APIs per this Agreement.

  10. You will not use wapm Services to send email to distribution lists, newsgroups, or group mail aliases.

  11. You will not falsely imply that you are affiliated with or endorsed by wapm.

  12. You will not operate illegal schemes, such as pyramid schemes, via wapm Services.

  13. You will not deep-hyperlink to images or other non-hypertext content served by wapm Services.

  14. You will not remove any marking indicating proprietary ownership from any material got via wapm Services.

  15. You will not display any portion of the Website via an HTML IFRAME.

  16. You will not disable, avoid, or circumvent any security or access restrictions of wapm Services, or access parts of wapm Services not intended for access by you.

  17. You will not strain infrastructure of wapm Services with an unreasonable volume of requests, or requests designed to impose an unreasonable load on IT systems underlying wapm Services.

  18. You will not encourage or assist any other person in violation of "Acceptable Use".

Acceptable Content

Administrators at wapm reserve the right to delete content hosted on the wapm Services that they deem unacceptable. Unacceptable content can take the form of a package, a README file, a user or organization name, or any other content submitted to wapm Services. A few examples of unacceptable content:

  1. Content that is illegal, offensive, or otherwise harmful. This includes content that is harassing, inappropriate, or abusive.

  2. Content in violation of law, infringing the intellectual property rights of others, violating the privacy or other rights of others, or in violation of any agreement with a third party. This includes code that violates a public license for others' work.

  3. Content containing malicious computer code, such as computer viruses, computer worms, rootkits, back doors, adware, or spyware. This includes content submitted for research purposes unless agreed to in advance by wapm. Tools designed and documented explicitly to assist in security research are acceptable, but proof-of-concept exploits are not.

  4. Packages that are not functionally compatible with the wapm command-line client. For example, a "package" cannot simply be a PNG or JPEG image, a movie file, or a text document uploaded directly to the registry. Using the Public Registry as a general purpose database is not allowed.

  5. Content that exists only to "reserve" a name, whether a package name, user name, or organization name. The Dispute Policy governs how wapm handles such cases of "squatting".

To find out how to report violations of Acceptable Content, refer to the Code of Conduct.

Enforcement of Acceptable Use

wapm may investigate and prosecute violations of this Agreement to the fullest legal extent. wapm may notify and cooperate with law enforcement authorities in prosecuting violations of this Agreement.

Your Account

You must create and log into an Account to access features of some wapm Services, including wapm Open Source.

To create an Account, you must provide certain information about yourself, as required by the account creation form on the Website or the CLI. If you create an Account, you will provide, at a minimum, a valid email address. You will keep that email address up-to-date. You will not impersonate any other individual. You may delete your Account at any time by sending an email to support@wapm.io.

You will be responsible for all action taken using your account, whether authorized by you or not, until you either close your account or give wapm notice that the security of your Account has been compromised. You will notify wapm immediately if you suspect the security of your Account has been compromised. You will select a secure password for your Account. You will keep your password secret.

wapm may restrict, suspend, or terminate your Account according to the Copyright Policy, if wapm reasonably believes that you are in breach of these Terms, or if wapm reasonably believes that you have misused wapm Services.

Your Content

Nothing in this Agreement gives wapm any ownership rights in intellectual property that you share with wapm Services, such as your Account information or any Packages you share with wapm Services (Your Content). Nothing in this Agreement gives you any ownership rights in wapm intellectual property provided via wapm Services, like software, documentation, trademarks, service marks, logotypes, or other distinguishing graphics.

Between you and wapm, you remain solely responsible for Your Content. You will not wrongly imply that Your Content is sponsored or approved by wapm. wapm will not be obligated to store, maintain, or provide copies of your content, except per the Privacy Policy.

wapm may remove Your Content from wapm Services without notice if wapm suspects Your Content was submitted or used in violation of "Acceptable Use", as well as per the Copyright Policy.

Your Content belongs to you. You decide whether and how to license it. But at a minimum, you license wapm to provide Your Content to users of wapm Services when you share Your Content. That special license allows wapm to copy, publish, and analyze Your Content, and to share its analyses with others. wapm may run computer code in Your Content to analyze it, but wapm's special license alone does not give wapm the right to run code for its functionality in wapm products or services.

When Your Content is removed from wapm Services, whether by you or wapm, wapm's special license ends when the last copy disappears from wapm's backups, caches, and other systems. Other licenses, such as open source licenses, may continue after Your Content is removed. Those licenses may give others, or wapm itself, the right to share Your Content with wapm Services again.

Others who receive Your Content via wapm Services may violate the terms on which you license Your Content. You agree that wapm will not be liable to you for those violations or their consequences.

Feedback

wapm welcomes your feedback and suggestions for wapm Services. You agree that wapm will be free to act on feedback and suggestions you provide without further notice, consent, or payment. You will not submit feedback or suggestions that you consider confidential or proprietary.

Indemnity

You will indemnify wapm, its officers, directors, employees, representatives, and agents, and hold them harmless for, all liability, expenses, damages, and costs from any third-party claims, demands, lawsuits, or other proceedings alleging that Your Content, your use of wapm Services, or both, violate the intellectual property right of a third party, this Agreement, or applicable law. You will not settle any such proceeding without the prior written consent of wapm. wapm will notify you of any such proceeding it becomes aware of.

Disclaimers

Use of wapm Services is at your sole risk. wapm Services are provided on an "as is" and "as available" basis. wapm expressly disclaims all warranties of any kind, whether express, implied, or statutory, including implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose.

wapm makes no warranty that wapm Services will meet your requirements, operate in an uninterrupted, timely, secure, or error-free manner, or that errors in wapm Services will be corrected.

You receive material via wapm Services at your sole risk. You will be solely responsible for any damage to your computer system and network, as well as any data loss that may result from use of wapm Services or material received via wapm Services.

wapm Services may provide information and software that is inaccurate, incomplete, misleading, illegal, offensive, or otherwise harmful. wapm may, but does not promise to, review content provided by wapm Services.

wapm Services provide information about ownership and licensing of Packages, as provided by those Packages' publishers. That information may be wrong. wapm cannot and does not provide legal advice.

Third-Party Services

wapm Services may hyperlink to and integrate with third-party applications, websites, and other services. You decide whether and how to use and interact with such services. wapm does not make any warranty regarding such services or content they may provide, and will not be liable to you for any damages related to such services. Use of such third-party services may be governed by other terms and privacy notices that are not part of this Agreement and are not controlled by wapm.

Limits on Liability

Neither wapm nor any third-party service provider used by wapm to provide wapm Services will, under any circumstances, be liable to you for any indirect, incidental, consequential, special, or exemplary damages related to your use of wapm Services or this Agreement, whether based on breach of contract, breach of warranty, tort (including negligence, product liability, or otherwise), or any other pecuniary loss, and whether or not wapm has been advised of the possibility of such damages.

To the maximum extent permitted by law, wapm's liability to you for any damages related to this Agreement, for any one or more causes and regardless of the form of action, will not exceed \$50.

Some jurisdictions do not allow exclusion of certain warranties or limits on liability for incidental or consequential damages. Some of "Disclaimers" and "Limits on Liability" may not apply to you.

Termination

Either you or wapm may terminate this Agreement at any time with notice to the other.

On termination of this Agreement, your permission to use wapm Open Source, as well any permission you may have to access Paid Services under additional terms, also terminate.

The following provisions survive termination of this Agreement: "Your Content", "Feedback", "Indemnity", "Disclaimers", "Limits on Liability", and "General Terms". Users of wapm Services may continue to copy and share Your Content after termination of this Agreement.

Payment Terms

There is no charge for use of wapm Open Source. If you use Paid Services from wapm, our Paid Services Terms at </policies/private-terms> apply.

General Terms

If a provision of this Agreement is unenforceable as written, but could be changed to make it enforceable, that provision should be modified to the minimum extent necessary to make it enforceable. Otherwise, that provision should be removed.

You may not assign this Agreement. wapm may assign this Agreement to any affiliate of wapm, any third party that obtains control of wapm, or any third party that purchases assets of wapm relating to wapm Services. Any purported assignment of rights in breach of this provision is void.

Neither the exercise of any right under this Agreement, nor waiver of any breach of this Agreement, waives any other breach of this Agreement.

This Agreement, together with the additional terms for Paid Services and wapm software that you and wapm agree to, embody all the terms of agreement between you and wapm about wapm Services. This Agreement supersedes any other agreements about wapm Services, written or not.

Disputes

The law of the State of California will govern any dispute, including any legal proceedings, relating to this Agreement or your use of wapm Services (a Dispute).

You and wapm will seek injunctions related to this agreement only in state or federal court in San Francisco, California. Neither you nor wapm will object to jurisdiction, forum, or venue in those courts.

Other than to seek an injunction, you and wapm will resolve any Dispute by binding American Arbitration Association arbitration. Arbitration will follow the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. Arbitration will happen in San Francisco, California. You will settle any Dispute as an individual, and not as part of a class action or other representative proceeding, whether as the plaintiff or a class member. No arbitrator will consolidate any Dispute with any another arbitration without wapm's permission.

Any arbitration award will include costs of the arbitration, reasonable attorneys' fees, and reasonable costs for witnesses. You or wapm can enter arbitration awards in any court with jurisdiction.

Notices and Questions

You may send notice to wapm and questions about the terms governing wapm products and services by mail to Wasmer, Inc., Legal Department, 25 Taylor St. San Francisco, California 94102, or by email to legal@wapm.io. wapm may send you notice using the email address you provide for your Account or by posting a message to the homepage or your Account page on the Website.