Last Updated: September 2022
These Terms of Service (“Terms of Service”) are entered into by and between Buildkite Pty Ltd. a company organized under the laws of Australia with offices at Buildkite, Level 17, 31 Queen St, Melbourne, Victoria, Australia 3000 (Buildkite) and the entity or person placing an order for or accessing the Buildkite Solution (“Customer” or “you”). If you are accessing or using Buildkite Solution on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” or “Customer” reference your company. These Terms of Service together with all exhibits and addenda hereto and documents referenced and linked to herein and all Order Forms entered into by the parties hereunder (collectively, the “Agreement”) permit Customer to order the Buildkite Solution from Buildkite and its authorized resellers, sets forth the terms and conditions between the parties with respect thereto, and governs Customer’s access and use of the Buildkite Solution.
ACCEPTANCE: BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OF SERVICE OR DOWNLOADING, ACCESSING OR USING THE BUILDKITE SOLUTION, CUSTOMER AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, PLEASE DO NOT USE THE BUILDKITE SOLUTION. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THE AGREEMENT IS LEGALLY BINDING UPON IT. PLEASE READ IT CAREFULLY.
Customer will not, directly or indirectly through a third party, in whole or in part: (a) adapt, alter, modify, improve, translate, make publicly available, resell, rent, lease, sublicense or loan the Buildkite Solution or create derivative works of the Buildkite Solution; (b) copy the Buildkite Solution (except for a reasonable number of backup and archival copies of the Buildkite Agents and Buildkite API); (c) use the Buildkite Solution other than in accordance with the Documentation or use the Buildkite Solution in violation of the license restrictions applicable to the Buildkite Solution; (d) use the Buildkite Solution in a service bureau or application service provider environment, in a commercial time share arrangement, or for purposes of providing services to a third party or combine all or any part of the Buildkite Agents with other software or use all or any part of the Buildkite Solution to create a new product, application or service or to complete with Buildkite; (e) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or obtain the source code to all or any portion of the Buildkite Solution or attempt to modify, alter, or circumvent the license control and protection mechanisms within the Buildkite Solution; or (f) provide, maintain access to, or use the Buildkite Solution in any manner inconsistent with this Agreement. If 2.1(e) is prohibited by applicable law, Customer shall provide Buildkite with a detailed prior written notice of any such intention to reverse engineer the Buildkite Solution and shall provide Buildkite with a right of first refusal to perform such work at rates equal to those proposed by a recognized third-party software services provider for such work.
Buildkite shall not be responsible for ensuring and does not represent or warrant that: (i) the Buildkite Solution will meet Customer's business requirements; (ii) the Buildkite Solution will be error-free or uninterrupted or that the results obtained from its use will be accurate or reliable or that the Buildkite Solution will interoperate with Third Party Services or non-Buildkite supplied hardware, software or other materials; or (iii) all deficiencies in the Buildkite Solution can be found or corrected. Further, Buildkite will not be responsible for: (a) any warranty breaches caused by acts within the control of Customer or any User or interoperability of Third Party Services or specific Customer infrastructure or software with the Buildkite Solution; (b) the inability of Customer to access or interact with any other service provider (including any provider of Third Party Services) through the internet, other networks or users that comprise the internet or the informational or computing resources available through the internet.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, SO THE LIMITATIONS HEREIN MAY NOT APPLY.