In order to use the RStudio Service, You will need to separately license RStudio’s proprietary software programs, all of which are licensed pursuant to RStudio’s End User License Agreement located at http://www.rstudio.com/about/eula/ (the “EULA”). Unless otherwise agreed in a separate written agreement between You and RStudio, the EULA will apply to Your use of RStudio’s proprietary software programs and You agree to all terms and conditions therein.
You understand that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You understand that the technical processing and transmission of the RStudio Service, including Your Applications and any data or information you provide or store in the RStudio Service or any application made available via the RStudio Service, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Availability of the RStudio Service; Eligibility to Use the RStudio Service. You have the right to access and use the RStudio Service as it exists on any given day and RStudio has no other obligation with respect to updating, improving, maintaining, or making available the RStudio Service. Further, RStudio reserves the right, any time and from time to time, to update, modify, revise, replace, refuse access to, suspend or discontinue the RStudio Service, temporarily or permanently, partially or entirely, with or without notice. All of these changes shall be effective upon their posting on our website or by direct communication to you unless otherwise noted. RStudio shall not be liable to you or to any third-party for any update, modification, revision, replacement, price change, suspension, refusal of access or discontinuance of the RStudio Service or any loss of your data or your Applications. RStudio intends to discontinue the RStudio Service on or about June 1, 2016, upon which all of Your data and Your Applications will no longer be accessible by You. You should retain backup copies of all of Your data and Your Applications.
Sign Up and Registration. To use the RStudio Service, you must complete the sign up process and register as a User. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the sign up process and registration form (“User Data“) and (b) maintain and promptly update the User Data to keep it accurate and current. If you provide any information that is inaccurate or not current, or RStudio has reasonable grounds to suspect that such information is inaccurate or not current, RStudio has the right to suspend or terminate your account and refuse any and all current or future use of the RStudio Service. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows. You acknowledge and agree that other users of the RStudio Service may view your user name and that you may view the user names of other users.
Account Security. You are responsible for safeguarding the password that you use to access the RStudio Service. You agree to: (1) keep your account password secure and confidential; and (2) not permit others to use your account. Further, you are responsible for any activities or actions under your account or anything that happens through your account, whether or not you have authorized such activities or actions, until you disable your account or prove that your account security was compromised due to no fault of your own. You will immediately notify RStudio of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data and/or files to RStudio, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the RStudio Service.
Your Application as used in this Agreement means the computer application written using the R computer programming language that you upload to RStudio’s or its third party hosting providers’ computer systems via the RStudio Service and permit other RStudio Users or the general public to access and use Your Application in accordance with the license terms applicable to Your Application. You agree to make any license terms applicable to Your Application available to Users of Your Application by linking or otherwise prominently displaying such terms to Users when they first access or use Your Application.
RStudio does not claim ownership of Your Application; however, you hereby grant RStudio a worldwide, perpetual, irrevocable, royalty-free, fully paid up, transferable and non-exclusive license, as applicable, to (i) access, use, copy, adapt, publicly perform and publicly display Your Application in connection with making available and distributing Your Application via the RStudio Service to specified Users and/or to the general public based on your request and (ii)t to internally access, copy and use Your Application to review the underlying source code of Your Application and to test and evaluate Your Application, including without limitation, with your permission, conducting load testing and validation of Your Application.
If you choose to, you can share Your Applications with the general public, or with specific individuals or Users you select to the extent the RStudio Service supports such functionality. If you decide to share Your Application, you are giving certain legal rights, as explained below, to those individuals who you have given access to Your Application. RStudio has no responsibility to enforce or police, or aid you in enforcing or policing, the terms of the license(s) or permission(s) you have chosen to offer. RSTUDIO IS NOT RESPONSIBLE FOR MISUSE OR MISAPPROPRIATION OF YOUR APPLICATIONS BY THIRD PARTIES.
If you choose to upload data to an application you are using via the RStudio Service, you acknowledge and agree you are giving certain legal rights to the licensor of the application to process and otherwise use your data. Please carefully review any license terms accompanying any application to which you submit your data for the legal rights which you are giving the application licensor. Further, RStudio does not claim ownership of your data; however, you hereby grant RStudio a worldwide, perpetual, irrevocable, royalty-free, fully paid up, transferable and non-exclusive license, as applicable, to use and copy your data in connection with making your data available to the application (and the licensor of such application) to which you have submitted your data. You acknowledge and agree that even if you remove your data from the RStudio Service, your data may have been downloaded by, and remain accessible to, the licensors of those applications to which you submitted your data. Accordingly, do not submit data which you desire to remain confidential or which you wish to limit the right to access or use. You should never submit to the RStudio Service any data which consists of personally identifiable information, credit card information, or protected health information, as such terms are defined by relevant laws, rules, and regulations. RSTUDIO IS NOT RESPONSIBLE FOR THE CONFIDENTIALITY, AVAILABILITY, SECURITY, LOSS, MISUSE OR MISAPPROPRIATION OF ANY DATA YOU SUBMIT TO THE RSTUDIO SERVICE OR ANY APPLICATION MADE AVAILABLE VIA THE RSTUDIO SERVICE.
Notifications and Service Messages. For purposes of service messages and notices about the RStudio Service to you, you agree that RStudio may notify you via the email address associated with your account, even if we have other contact information. You also agree that RStudio may communicate with you through your RStudio account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the RStudio Service.
Restrictions on Use. You must comply with all applicable laws, rules, regulations and guidelines, and you further agree not to do any of the following:
- Post, publish or transmit any data, information, files, text, graphics, or other material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes, violates or misappropriates another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law, rule or regulation (including those with respect to privacy and/or data security) or would give rise to civil liability;
- Access, tamper with, or use non-public areas of the RStudio Service or RStudio’s or its third party hosting providers’ computer systems;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the RStudio Service with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by RStudio or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the RStudio Service;
- Interfere with, or attempt to interfere with the RStudio Service or the access of any user, host or network, including, without limitation, sending a virus or other malicious code, overloading, flooding, or spamming the RStudio Service; or plant malware on RStudio’s computer systems, those systems of RStudio’s providers, or otherwise use the RStudio Service to attempt to distribute malware or other malicious code;
- Use the RStudio Service in any illegal or unlawful manner or for any illegal or unlawful purpose;
- Perform any act which is intended to harm RStudio or the RStudio Service; or
- Impersonate or misrepresent your affiliation with any person or entity.
Digital Millennium Copyright Act Compliance. You will only upload, post, submit or otherwise transmit data and/or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). RStudio has adopted and implemented a policy that permits the deletion of files that violate this policy, and will terminate the accounts of Users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see RStudio’s DMCA Policy located at http://www.rstudio.com/about/dmca for additional information.
DISCLAIMER OF WARRANTY. The RStudio Service, including without limitation all applications, all content, all data, and information provided therein or thereby, are provided “AS-IS” and without warranty. Your access to and use of the RStudio Service and is at your own risk. RStudio disclaims all liability for and is not responsible for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the RStudio Service or any software applications made available through the RStudio Service.
WITHOUT LIMITING THE FOREGOING, RSTUDIO EXPLICITLY DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE RSTUDIO SERVICE MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR APPLICATIONS OR YOUR INFORMATION OR DATA TO UNINTENDED THIRD PARTIES.
RSTUDIO MAKES NO WARRANTY THAT THE RSTUDIO SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RSTUDIO SERVICE WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE RSTUDIO SERVICE WILL BE CORRECTED.
RSTUDIO MAKES NO WARRANTY REGARDING THE QUALITY OR LEGALITY OF ANY SOFTWARE APPLICATIONS OR INFORMATION OR DATA OBTAINED OR USED THROUGH THE RSTUDIO SERVICE, OR THAT ANY OF THE FOREGOING WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE FOREGOING WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RSTUDIO OR THROUGH THE RSTUDIO WEBSITE OR SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability. IN NO EVENT WILL RSTUDIO BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, GOODWILL, DATA, REVENUE, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE RSTUDIO SERVICE AND/OR SOFTWARE APPLICATIONS, DATA, AND INFORMATION MADE AVAILABLE THROUGH THE RSTUDIO SERVICE, INCLUDING WITHOUT LIMITATION RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE RSTUDIO SERVICE OR ANY SOFTWARE APPLICATIONS, DATA, AND INFORMATION MADE AVAILABLE THROUGH THE RSTUDIO SERVICE; (II) ANY ERROR OR DEFECT IN THE RSTUDIO SERVICE OR SOFTWARE APPLICATIONS MADE AVAILABLE THROUGH THE RSTUDIO SERVICE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE RSTUDIO SERVICE; (IV) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR FOR ANY LOSS OF DATA; (V) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE RSTUDIO SERVICE; (VI) OR ANY OTHER MATTER RELATING TO THE RSTUDIO SERVICE OR THE SOFTWARE APPLICATIONS, DATA, AND INFORMATION MADE AVAILABLE THROUGH THE RSTUDIO SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RSTUDIO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT RSTUDIO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING, HARMFUL, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, RSTUDIO WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY APPLICATIONS OR OTHER DATA OR INFORMATION UPLOADED ONTO OR DOWNLOADED OR THROUGH THE SERVICE, OR IF YOUR APPLICATIONS, DATA OR INFORMATION IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF RSTUDIO TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE RSTUDIO SERVICE, AND ANY APPLICATIONS, CONTENT OR DATA MADE AVAILABLE THROUGH THE RSTUDIO SERVICE, IS LIMITED TO ONE HUNDRED ($100) U.S. DOLLARS.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RSTUDIO AND YOU.
The foregoing limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
Governing Law and Arbitration. Except for any disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with RStudio arising out of or relating to the Agreement (“Disputes”) shall be governed by the law of the Commonwealth of Massachusetts regardless of your country of origin or where you access the RStudio Service, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Boston, Massachusetts, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses.
Notwithstanding the foregoing, either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your State if travel to Boston would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.
Notices. We may post notices to you at www.rstudio.com or http://www.rstudio.com/products/shinyapps/ You may contact us via email at email@example.com. Any notices that you provide without compliance with this section on notices shall have no legal effect.
No informal waivers, agreements or representations. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the RStudio Service.
Export Control. Your use of the RStudio Service, including our software, is subject to export and re-export control laws and regulations, including the United States Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
International Users. If You are located outside the United States, then you agree and assent to the adherence to all applicable international treaties regarding copyright and intellectual property rights which shall also apply. In addition, you agree that any local laws to the benefit and protection of RStudio’s ownership of, and interest in, its intellectual property and rights of recovery for damages thereto will also apply.
US Government Users. This Section applies to all use of the RStudio Service by or for the federal government, or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the federal government. The RStudio Service was developed at private expense and is Commercial Computer Software, as defined in Section 12.212 of the Federal Acquisition Regulation (48 CFR 12.212 (October 1995)) and Sections 227.7202-1 and 227.7202-3 of the Defense Federal Acquisition Regulation Supplement (48 CFR 227.7202-1, 227.7202-3 (June 1995)). Accordingly, any use, duplication or disclosure by the Government or any of its authorized users is subject to restrictions as set forth in this standard license agreement for the RStudio Service. If for any reason, Sections 12.212, 227.7202-1 or 227.7202-3 are deemed not applicable, then the Government’s rights to use, duplicate or disclose the Software are limited to “Restricted Rights” as defined in 48 CFR Section 52.227-19(c)(1) and (2) (June 1987), or DFARS 252.227-7014(a)(14) (June 1995), as applicable. If this Agreement fails to meet the government’s needs or is inconsistent in any respect with Federal law, the government agrees to cease use of the RStudio Service.