Last updated: May 16, 2019
Thank you for your interest in using Streamlit. The below terms are for while we are still in a beta stage. In the future we plan on open sourcing major parts of Streamlit. If you have questions please email us at email@example.com.
If you are accessing and using the software on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this agreement, and in that case, “Licensee” will refer to that company or other legal entity.
2. Changes to agreement or software
Company may update this Agreement at any time, in its sole discretion. If Company does so, it will let Licensee know either by posting the updated Agreement on the Site or through other communications. If Licensee continues to use the Software after Company has posted updated Agreement, Licensee agrees to be bound by the updated Agreement. Licensee understands that the Software is still in beta version, and it may be unavailable from time to time, or may be offered for a limited time. Company may also change or cease any portions or features of the Software, at any time and without notice, at its sole discretion.
3.1 Grant of license. Subject to Licensee’s compliance with the terms and conditions of this Agreement, Company hereby grants to Licensee a limited, nonexclusive, nontransferable, revocable license, during the term of this Agreement, to use the Software, in object code form, solely for the purposes of testing and evaluation, and not for general production use.
3.2 License restrictions. Licensee acknowledges that the Software contains trade secrets of Company and its licensors, and, in order to protect such trade secrets and other interests that Company and its licensors may have in the Software, Licensee agrees not to reverse engineer, decompile or disassemble the Software or authorize a third party to do any of the foregoing. Licensee will not modify the Software. Licensee will not distribute sell, sublicense or otherwise transfer the Software. Licensee will not copy the Software, except as strictly necessary to use the Software in accordance with the terms of Section 3.1. Licensee will reproduce all of Company’s and its licensors’ copyright notices and any other proprietary rights notices on all copies of the Software that Licensee makes hereunder.
3.3 Limited rights. Licensee’s rights in the Software will be limited to those expressly granted in Section 3.1. Company and its licensors reserve all rights and licenses in and to the Software not expressly granted to Licensee under this Agreement.
3.4 Installation and use. Licensee will be able to run and use the Software promptly following Licensee’s consent to this Agreement. Licensee will be responsible for installing the Software. At Licensee’s request, Company will provide reasonable assistance to Licensee in connection with such installation.
Licensee will: (a) test the Software and cooperate with Company in evaluating the Software; (b) work with Company to identify and resolve any errors, problems or defects in the Software discovered by Licensee or Company; and © provide Company with the feedback about the Software. All feedback, comments, and suggestions for improvements that Licensee provides to Company hereunder are referred to collectively as “Licensee Feedback”.
5.1 Licensee feedback. Licensee acknowledges and agrees that all Licensee Feedback will be the sole and exclusive property of Company. Licensee hereby irrevocably transfers and assigns to Company and agrees to irrevocably assign and transfer to Company all of Licensee’s right, title, and interest in and to all Licensee Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, “Intellectual Property Rights”) therein. At Company’s request and expense, Licensee will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect and maintain its Intellectual Property Rights and other legal protections for the Licensee Feedback.
5.2 Software. Licensee further acknowledges and agrees that, as between the parties, Company owns all right, title, and interest in and to the Software, including all Intellectual Property Rights therein, even if Company incorporates any Licensee Feedback into subsequent versions of the Software. Licensee will not earn or acquire any rights or licenses in the Software or in any Company Intellectual Property Rights on account of this Agreement or Licensee’s performance under this Agreement.
5.3 Usage data. Unless Licensee opts-out of such use, Company may monitor Licensee’s use of the Software and use data (including linking the user to their usage data), and compile information related to such use , including to compile statistical and performance information related to the operation and use of the Software (”Usage Data”). As between Company and Licensee, all right, title and interest in the Usage Data and all Intellectual Property Rights therein, belong to and are retained solely by Company and Company may use such Usage Data as it deems fit including without limitation, as required by applicable law or regulation and for the purposes of data gathering, analysis, Software enhancement, Software improvement, and marketing.
6. Confidential information
6.1 Definition. “Confidential Information” means: (a) the Software, and any features, results or output produced by, and other information relating to, the Software (including, without limitation, all Licensee Feedback); and (b) any business or technical information of Company, including, but not limited to, any information relating to Company’s product plans, designs, costs, product prices and names, finances, marketing plans, business opportunities, personnel, research, development or know-how that is designated by Company as “confidential” or “proprietary” and, if orally disclosed, is reduced to writing by Company within thirty (30) days of such disclosure.
6.2 Exclusion. The obligations in Section 6.3 will not apply to the extent any information: (a) is or becomes generally known to the public through no fault or breach of this Agreement by Licensee; (b) is rightfully known by Licensee at the time of disclosure without an obligation of confidentiality; © is independently developed by Licensee without access to or use of any Confidential Information; or (d) is rightfully obtained by Licensee from a third party without restriction on use or disclosure.
6.3 Restrictions. Licensee will not use or disclose any Confidential Information, except as necessary for the performance of this Agreement. Licensee will use all reasonable efforts to protect Confidential Information from unauthorized use or disclosure, but in no event less than the efforts that it ordinarily uses with respect to its own proprietary information of a similar nature and importance. Licensee may disclose Confidential Information only to those of its employees who have a bona fide need to know such Confidential Information for the performance of this Agreement; provided, that each such employee first executes a written agreement (or is otherwise already bound by a written agreement) that contains use and nondisclosure restrictions at least as protective of the Confidential Information as those set forth in this Agreement.
7.1 Warranty disclaimers. Licensee acknowledges that the Software is being provided “as is” without warranty of any kind. Company disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Company makes no warranty that the software will meet Licensee’s requirements or be available on an uninterrupted, secure, or error-free basis.
7.2 Acknowledgment of beta software. Licensee acknowledges and agrees that: (a) the Software has not been commercially released for sale by Company and is an evolving product; (b) the Software may contain errors, design flaws or other problems; © the information obtained using the Software may not be accurate; and (d) Company has the right unilaterally to abandon development of the Software, at any time and without any obligation or liability to Licensee.
7.3 Licensee data. Company strives to keep the Software up and running; however, all online services suffer occasional disruptions and outages, and Company is not liable for any disruption or loss Licensee may suffer as a result. Licensee further acknowledges and agrees that it is solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Software, and in the event of an outage, Licensee may not be able to retrieve Licensee Data that it has stored. Hence, Company recommends that Licensee regularly back up the Licensee Data that is stored and processed by the Software or store the Licensee Data using third party applications and services.
8. Limitation on liability
In no event will Company be liable to Licensee or to any third party for damages of any kind, including, without limitation, direct, special, incidental, punitive or consequential damages, or for any loss of use, data, business or profits arising out of or in connection with this agreement or the installation or use of or inability to use the software or for any error or defect in the software, whether such liability arises from any claim based upon contract, warranty, tort (including negligence, strict liability or otherwise), and whether or not Company has been advised of the possibility of such loss or damage.The parties have agreed that these limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.
9.2 Effect of termination. Upon any termination or expiration of this Agreement: (a) the rights and licenses granted to Licensee under this Agreement will automatically terminate; (b) Licensee will promptly deliver to Company the Final Report; and © within five (5) days after any such termination or expiration, Licensee will, at its expense, return to Company all copies of the Software and any other Confidential Information in Licensee’s possession or control, and an officer of Licensee will certify in writing to Company that it has complied with the foregoing.
9.3 Survival. The provisions of Sections 4, 5, 6, 7, 8, 9.2, 9.3 and 10 will survive any termination or expiration of this Agreement.
10. General provisions
10.1 Assignment. Licensee may not assign this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Company. Any attempted assignment without such consent will be null and of no effect.
10.2 Governing law. This Agreement will be governed by and construed in accordance with the laws of the State of California, USA (excluding its body of law controlling conflicts of law). The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
10.3 Severability. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining provisions of the Agreement will remain in full force and effect.
10.4 Waiver. The waiver of any breach or default will not constitute a waiver of any other right hereunder or of any subsequent breach or default.
10.5 Notices. All notices required or permitted under this Agreement will be in writing and delivered in person, by confirmed facsimile transmission, by overnight delivery service, or by registered or certified mail, postage prepaid with return receipt requested, and in each instance will be deemed given upon receipt. All communications will be sent to the addresses set forth above or to such other address as may be specified by either party to the other in accordance with this Section.
10.6 Entire agreement. This Agreement and the attached exhibits constitute the entire and exclusive agreement between the parties pertaining to the subject matter hereof, and supersede any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
10.7 Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.