LICENSE

Cloud9 Software Development Kit Non-commercial License Agreement

1. Introduction
1.1 The Cloud9 Software Development Kit (referred to in this License Agreement
as the "SDK" and specifically including the Cloud9 system files, the Cloud9
computer software source code, Cloud9’s Ace editor plugin and Cloud9’s
terminal plugin) is licensed to you subject to the terms of this Non-commercial
License Agreement.

1.2 Any software provided along with the SDK (such as some of the files in the
node_modules directory) that is associated with a separate license agreement is
licensed to you under the terms of that separate license agreement. 

This License Agreement forms a legally binding contract between you and Cloud9
in relation to your use of the SDK.

1.2 “Cloud9” refers to Cloud9 IDE, Inc, registered Delaware corporation with
principal place of business 1663 McAllister Street #B, San Francisco, CA 94115,
United States.

2. Accepting this license agreement
2.1 In order to use the SDK, you must first agree to this License Agreement. You
may not use the SDK if you do not accept this License Agreement.

2.2 You agree to be bound by the terms of this SDK License by installing,
copying, downloading, accessing or otherwise using the SDK.

2.3 You may not use the SDK and may not accept the License Agreement if you are
a person barred from receiving the SDK under the laws of the United States or
other countries including the country in which you are resident or from which
you use the SDK.

2.4 If you are agreeing to be bound by this License Agreement on behalf of your
employer or other entity, you represent and warrant that you have full legal
authority to bind your employer or such entity to this License Agreement. If you
do not have the requisite authority, you may not accept the License Agreement or
use the SDK on behalf of your employer or other entity.

3. The Cloud9 SDK
3.1 Cloud9 grants to you a non-exclusive, non-commercial, non-transferable,
personal license to do the following, all subject to the terms of this license:

Copy and modify any SDK source code, and include such copies and modifications
in software that you create (“Derived Software”), and include SDK object
code in Derived Software;

Use SDK source code, SDK object code, and Derived Software for your own
personal, noncommercial use;

Distribute Derived Software and SDK documentation to others, provided that any
distribution is for noncommercial purposes only, is without charge or fee or
consideration of any kind, and that every recipient of the distribution agree to
and is bound by the terms of this SDK License.

3.2 You agree that Cloud9 or third parties own all legal right, title and
interest in and to the SDK, including any Intellectual Property Rights that
subsist in the SDK. "Intellectual Property Rights" means any and all rights
under patent law, copyright law, trade secret law, trademark law, and any and
all other proprietary rights. Cloud9 reserves all rights not expressly granted
to you. 

3.3 You may not use the SDK for any purpose not expressly permitted by this
License Agreement.   You do not have the right to:

Reverse engineer or in any other way attempt to reproduce the operation of the
code in the SDK, or defeat or circumvent any security features of any code in
the SDK; 
Use anything in the SDK or any Derived Software for any commercial purpose,
including without limitation for provision of programming, hosting, or any other
services for others; 
Distribute anything in the SDK or any Derived Software to any other party that
is not bound by the terms of this SDK License; 
Make any copies of anything in the SDK without including all copyright, license,
and other legal notices with the copy; 
Transfer the SDK, this SDK License, or any part thereof, to any other party. Any
attempt at such a transfer is void.

3.4 Use, reproduction and distribution of components of the SDK licensed under a
separate license agreement are governed solely by the terms of that separate
license agreement and not this License Agreement.

3.5 You agree that the form and nature of the SDK that Cloud9 provides may
change without prior notice to you and that future versions of the SDK may be
incompatible with applications developed on previous versions of the SDK. You
agree that Cloud9 may stop (permanently or temporarily) providing the SDK (or
any features within the SDK) to you or to users generally at Cloud9's sole
discretion, without prior notice to you.

3.6 Nothing in this License Agreement gives you a right to use any of Cloud9's
trade names, trademarks, service marks, logos, domain names, or other
distinctive brand features.

3.7 You agree that you will not remove, obscure, or alter any proprietary rights
notices (including copyright and trademark notices) that may be affixed to or
contained within the SDK.

4. Privacy and Information
4.1 In order to continually innovate and improve the SDK, Cloud9 may collect
certain usage statistics from the software including but not limited to a unique
identifier, associated IP address, version number of the software, and
information on which tools and/or services in the SDK are being used and how
they are being used. Before any of this information is collected, the SDK will
notify you and seek your consent. If you withhold consent, the information will
not be collected.

4.2 The data collected is examined in the aggregate to improve the SDK and is
maintained in accordance with Cloud9's Privacy Policy.

5. Your developer credentials
5.1 You agree that you are responsible for maintaining the confidentiality of
any developer credentials that may be issued to you by Cloud9 or which you may
choose yourself and that you will be solely responsible for all applications
that are developed under your developer credentials.

6. Third party applications
6.1 If you use the SDK to run applications developed by a third party or that
access data, content or resources provided by a third party, you agree that
Cloud9 is not responsible for those applications, data, content, or resources.
You understand that all data, content or resources which you may access through
such third party applications are the sole responsibility of the person from
which they originated and that Cloud9 is not liable for any loss or damage that
you may experience as a result of the use or access of any of those third party
applications, data, content, or resources.

6.2 You should be aware the data, content, and resources presented to you
through such a third party application may be protected by intellectual property
rights which are owned by the providers (or by other persons or companies on
their behalf). You may not modify, rent, lease, loan, sell, distribute or create
derivative works based on these data, content, or resources (either in whole or
in part) unless you have been specifically given permission to do so by the
relevant owners.

6.3 You acknowledge that your use of such third party applications, data,
content, or resources may be subject to separate terms between you and the
relevant third party. In that case, this License Agreement does not affect your
legal relationship with these third parties.

7. Termination of this license agreement
7.1 This License Agreement will continue to apply until terminated by either you
or Cloud9 as set out below.

7.2 If you want to terminate this License Agreement, you may do so by ceasing
your use of the SDK and any relevant developer credentials.

7.3 Cloud9 may at any time, terminate this License Agreement with you if:
a. you do not abide by the provisions of this License Agreement; or
b. at any time upon 72 hours notice to you; or
c. at any time upon post of a notice of termination to Cloud9’s website. In
such event, you must destroy all copies of the SDK and any Derived Software.
Termination of this SDK License shall terminate your rights and all obligations
of Cloud9 under this SDK License, but the remaining provisions shall survive
termination.

8. DISCLAIMER OF WARRANTIES
8.1 THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SDK AND ANY DERIVED
SOFTWARE REMAINS WITH YOU, THE USER. CLOUD9 EXPRESSLY DISCLAIMS (I) ANY WARRANTY
FOR THE SDK AND ANY DERIVED SOFTWARE, AND (II) ANY COMMON LAW DUTIES WITH REGARD
TO SDK AND ANY DERIVED SOFTWARE, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK
OF WORKMANLIKE EFFORT. 

8.2 THE SDK AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. 

8.3 ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3)
OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS
EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, INTERFERENCE WITH
YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH THE SDK OR ANY DERIVED SOFTWARE
OR INFORMATION AVAILABLE IN CONNECTION THEREWITH. THIS SECTION WILL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
9.1 NEITHER CLOUD9, ITS LICENSORS, NOR THEIR AFFILIATES SHALL BE LIABLE IN ANY
WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE
THE SDK OR ANY DERIVED SOFTWARE INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES. 

9.2 IN NO EVENT WILL CLOUD9 BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SDK, ANY DERIVED SOFTWARE, ANY
INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE
THE SDK, ANY DERIVED SOFTWARE, OR ANY INFORMATION, EVEN IN THE EVENT OF FAULT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF
ANY WARRANTY AND EVEN IF CLOUD9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. 

THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY
FAILS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
DISPUTE WITH CLOUD9 WITH REGARD TO THE SDK IS TO DISCONTINUE USE OF THE SDK AND
ANY DERIVED SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, CLOUD9, ITS LICENSORS, AND THEIR
AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

10. Indemnification
10.1 You agree to defend, indemnify and hold harmless Cloud9, its licensors and
their affiliates from all liabilities, claims and expenses, including attorneys'
fees, that arise from or in connection with breach of this Agreement, use of the
SDK or any Derived Software, including, but not limited to, the creation,
distribution, promotion and use of any Derived Software. Cloud9 reserves the
right to assume the exclusive defense and control of any matter subject to
indemnification by you.

11. Changes to the license agreement 
11.1 Cloud9 may make changes to the License Agreement as it distributes new
versions of the SDK. When these changes are made, Cloud9 will make a new version
of the License Agreement available on the website where the SDK is made
available.

12. Applicable law, jurisdiction
12.1 This License Agreement, and your relationship with Cloud9 under this
License Agreement, shall be governed by the laws of the State of California
without regard to its conflict of laws provisions. You and Cloud9 agree to
submit to the exclusive jurisdiction of the courts located within the county of
Santa Clara, California to resolve any legal matter arising from this License
Agreement. Notwithstanding this, you agree that Cloud9 shall still be allowed to
apply for injunctive remedies. 

13. General legal terms
13.1 This SDK License sets forth all rights for the user of the SDK and is the
entire agreement between the parties. This SDK License supersedes any other
communications with respect to the SDK. You agree that this SDK License is not
intended to confer and does not confer any rights or remedies upon any person
other than the parties to this SDK License. No provision hereof shall be deemed
waived unless such waiver shall be in writing and signed by Cloud9. If any
provision of this SDK License is held invalid or unenforceable, the remainder of
this SDK License shall continue in full force and effect, and such provision
shall be reformed only to the extent necessary to make it valid and enforceable.
The parties confirm that it is their wish that this Agreement has been written
in the English language only (or an equivalent type of urgent legal relief) in
any jurisdiction.

13.2 EXPORT RESTRICTIONS. YOU ACKNOWLEDGE THAT THE SDK IS OF U.S. ORIGIN. YOU
AGREE TO COMPLY WITH ALL APPLICABLE INTERNATIONAL AND NATIONAL LAWS THAT APPLY
TO THESE PRODUCTS, INCLUDING THE U.S. EXPORT ADMINISTRATION REGULATIONS, AS WELL
AS END-USER, END-USE AND DESTINATION RESTRICTIONS BY U.S. AND OTHER GOVERNMENTS.