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BITWARDEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT | ||
Version 1, 17 March 2023 | ||
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1. Introduction | ||
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1.1 The Bitwarden Software Development Kit (referred to in the License Agreement | ||
as the "SDK" and available for download at the following URL | ||
https://github.com/bitwarden/sdk) is licensed to you subject to the terms of | ||
this License Agreement. The License Agreement forms a legally binding contract | ||
between you and the Company in relation to your use of the SDK. | ||
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1.2 "Bitwarden" means the Bitwarden software made available by the Company, | ||
available for download at the following URL, as updated from time to time. | ||
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1.3 A "Compatible Application" means any software program or service that (i) | ||
connects to and interoperates with a current version of the Bitwarden server | ||
products distributed by the Company; and (ii) complies with the Company’s | ||
acceptable use policy available at the following URL: | ||
https://bitwarden.com/terms/#acceptable_use. | ||
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1.4 "Company" means Bitwarden Inc., organized under the laws of the State of | ||
Delaware. | ||
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2. Accepting this License Agreement | ||
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2.1 In order to access or use the SDK, you must first agree to the License | ||
Agreement. You may not access or use the SDK if you do not accept the License | ||
Agreement. | ||
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2.2 By clicking to accept and/or accessing or using the SDK, you hereby agree to | ||
the terms of the License Agreement. | ||
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2.3 You may not access or 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 access or use the SDK. | ||
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2.4 If you are agreeing to be bound by the License Agreement on behalf of your | ||
employer or any other entity, you represent and warrant that you have full legal | ||
authority to bind your employer or such other entity to the License Agreement. | ||
If you do not have the requisite authority, you may not accept the License | ||
Agreement or you may not access or use the SDK on behalf of your employer or | ||
other entity. | ||
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3. SDK License from Bitwarden | ||
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3.1 Subject to the terms of this License Agreement, Bitwarden grants you a | ||
limited, worldwide, royalty-free, non-assignable, non-exclusive, and | ||
non-sublicensable license to use the SDK solely (a) to develop, test, and | ||
demonstrate a Compatible Application; (b) to develop, test, and run a Compatible | ||
Application for personal use by your family; or (c) to to develop, test, and run | ||
a Compatible Application for the internal business operations of your | ||
organization in connection with a paid license for a Bitwarden server product, | ||
provided that in no case above may the Compatible Application be offered, | ||
licensed, or sold to a third party. | ||
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3.2 You agree that Bitwarden 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. Bitwarden reserves all rights not expressly | ||
granted to you. | ||
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3.3 You may not use this SDK to develop applications for use with software other | ||
than Bitwarden (including non-compatible implementations of Bitwarden) or to | ||
develop another SDK. | ||
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3.4 You may not use the SDK for any purpose not expressly permitted by the | ||
License Agreement. Except for contributions to Bitwarden pursuant to the | ||
Contribution License Agreement available at this URL: | ||
https://cla-assistant.io/bitwarden/clients, or to the extent required by | ||
applicable third party licenses, you may not copy modify, adapt, redistribute, | ||
decompile, reverse engineer, disassemble, or create derivative works of the SDK | ||
or any part of the SDK. | ||
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3.5 Use, reproduction, and distribution of a component of the SDK licensed under | ||
an open source software license are governed solely by the terms of that open | ||
source software license and not the License Agreement. | ||
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3.6 You agree that the form and nature of the SDK that the Company 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 the Company may stop (permanently or temporarily) providing the SDK | ||
or any features within the SDK to you or to users generally at the Company’s | ||
sole discretion, without prior notice to you. | ||
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3.7 Nothing in the License Agreement gives you a right to use any of the | ||
Company’s trade names, trademarks, service marks, logos, domain names, or other | ||
distinctive brand features. | ||
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3.8 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. | ||
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4. Use of the SDK by You | ||
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4.1 The Company agrees that it obtains no right, title, or interest from you (or | ||
your licensors) under the License Agreement in or to any software applications | ||
that you develop using the SDK, including any Intellectual Property Rights that | ||
subsist in those applications. | ||
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4.2 You agree to use the SDK and write applications only for purposes that are | ||
permitted by (a) the License Agreement and (b) any applicable law, regulation or | ||
generally accepted practices or guidelines in the relevant jurisdictions | ||
(including any laws regarding the export of data or software to and from the | ||
United States or other relevant countries). | ||
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4.3 You agree that if you use the SDK to develop applications for other users, | ||
you will protect the privacy and legal rights of those users. If the users | ||
provide you with user names, passwords, or other login information or personal | ||
information, you must make the users aware that the information will be | ||
available to your application, and you must provide legally adequate privacy | ||
notice and protection for those users. If your application stores personal or | ||
sensitive information provided by users, it must do so securely. If the user | ||
provides your application with Bitwarden Account information, your application | ||
may only use that information to access the user's Bitwarden Account when, and | ||
for the limited purposes for which, the user has given you permission to do so. | ||
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4.4 You agree that you will not engage in any activity with the SDK, including | ||
the development or distribution of an application, that interferes with, | ||
disrupts, damages, or accesses in an unauthorized manner the servers, networks, | ||
or other properties or services of any third party including, but not limited | ||
to, the Company, or any mobile communications carrier or public cloud service. | ||
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4.5 If you use the SDK to retrieve a user's data from Bitwarden, you acknowledge | ||
and agree that you shall retrieve data only with the user's explicit consent and | ||
only when, and for the limited purposes for which, the user has given you | ||
permission to do so. | ||
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4.6 You agree that you are solely responsible for, and that the Company has no | ||
responsibility to you or to any third party for, any data, content, or resources | ||
that you create, transmit or display through Bitwarden and/or applications for | ||
Bitwarden, and for the consequences of your actions (including any loss or | ||
damage which Bitwarden may suffer) by doing so. | ||
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4.7 You agree that you are solely responsible for, and that the Company has no | ||
responsibility to you or to any third party for, any breach of your obligations | ||
under the License Agreement, any applicable third party contract or Terms of | ||
Service, or any applicable law or regulation, and for the consequences | ||
(including any loss or damage which the Company or any third party may suffer) | ||
of any such breach. | ||
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5. Third Party Applications | ||
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5.1 If you use the SDK to integrate or run applications developed by a third | ||
party or that access data, content or resources provided by a third party, you | ||
agree that the Company 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 the Company 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. | ||
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5.2 You should be aware that 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 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, the License Agreement does not affect your | ||
legal relationship with these third parties. | ||
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6. Use of Bitwarden Server | ||
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You acknowledge and agree that the Bitwarden server products to which any | ||
Compatible Application must connect is protected by intellectual property rights | ||
which are owned by the Company and your use of the Bitwarden server products is | ||
subject to additional terms not set forth in this License Agreement. | ||
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7. Terminating this License Agreement | ||
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7.1 The License Agreement will continue to apply until terminated by either you | ||
or the Company as set out below. | ||
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7.2 If you want to terminate the License Agreement, you may do so by ceasing | ||
your use of the SDK and any relevant developer credentials. | ||
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7.3 The Company may at any time, terminate the License Agreement with you if: | ||
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(a) you have breached any provision of the License Agreement; or | ||
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(b) the Company is required to do so by law; or | ||
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(c) a third party with whom the Company offered certain parts of the SDK to you | ||
has terminated its relationship with the Company or ceased to offer certain | ||
parts of the SDK to either the Company or to you; or | ||
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(d) the Company decides to no longer provide the SDK or certain parts of the SDK | ||
to users in the country in which you are resident or from which you use the | ||
service, or the provision of the SDK or certain SDK services to you by the | ||
Company is, in the Company’'s sole discretion, no longer commercially viable or | ||
technically practicable. | ||
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7.4 When the License Agreement comes to an end, all of the legal rights, | ||
obligations and liabilities that you and the Company have benefited from, been | ||
subject to (or which have accrued over time whilst the License Agreement has | ||
been in force) or which are expressed to continue indefinitely, shall be | ||
unaffected by this cessation, and the provisions of paragraph 12.8 shall | ||
continue to apply to such rights, obligations and liabilities indefinitely. | ||
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8. NO SUPPORT | ||
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The Company is not obligated under this License Agreement to provide you any | ||
support services for the SDK. Any support provided is at the Company’s sole | ||
discretion and provided on an "as is" basis and without warranty of any kind. | ||
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9. DISCLAIMER OF WARRANTIES | ||
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9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE | ||
RISK AND THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF | ||
ANY KIND FROM Bitwarden. | ||
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9.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED | ||
THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY | ||
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF | ||
DATA THAT RESULTS FROM SUCH USE. | ||
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9.3 THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY | ||
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED | ||
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE | ||
AND NON-INFRINGEMENT. | ||
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10. LIMITATION OF LIABILITY | ||
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND | ||
AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF | ||
LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, | ||
STATUTORY, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS | ||
OF DATA, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF | ||
OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. | ||
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11. Indemnification | ||
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To the maximum extent permitted by law, you agree to defend, indemnify and hold | ||
harmless the Company, its affiliates and their respective directors, officers, | ||
employees and agents from and against any and all claims, actions, suits or | ||
proceedings, as well as any and all losses, liabilities, damages, costs and | ||
expenses (including reasonable attorneys fees) arising out of or accruing from | ||
(a) your use of the SDK, (b) any application you develop on the SDK that | ||
infringes any copyright, trademark, trade secret, trade dress, patent or other | ||
intellectual property right of any person or defames any person or violates | ||
their rights of publicity or privacy, and (c) any non-compliance by you with the | ||
License Agreement. | ||
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12. General Legal Terms | ||
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12.1 The Company may make changes to the License Agreement as it distributes new | ||
versions of the SDK. When these changes are made, the Company will make a new | ||
version of the License Agreement available on the website where the SDK is made | ||
available. | ||
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12.2 The License Agreement constitutes the whole legal agreement between you and | ||
the Company and governs your use of the SDK (excluding any services or software | ||
which the Company may provide to you under a separate written agreement), and | ||
completely replaces any prior agreements between you and the Company in relation | ||
to the SDK. | ||
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12.3 You agree that if the Company does not exercise or enforce any legal right | ||
or remedy which is contained in the License Agreement (or which the Company has | ||
the benefit of under any applicable law), this will not be taken to be a formal | ||
waiver of the Company's rights and that those rights or remedies will still be | ||
available to the Company. | ||
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12.4 If any court of law, having the jurisdiction to decide on this matter, | ||
rules that any provision of the License Agreement is invalid, then that | ||
provision will be removed from the License Agreement without affecting the rest | ||
of the License Agreement. The remaining provisions of the License Agreement will | ||
continue to be valid and enforceable. | ||
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12.5 You acknowledge and agree that each member of the group of companies of | ||
which the Company is the parent shall be third party beneficiaries to the | ||
License Agreement and that such other companies shall be entitled to directly | ||
enforce, and rely upon, any provision of the License Agreement that confers a | ||
benefit on them or rights in favor of them. Other than this, no other person or | ||
company shall be third party beneficiaries to the License Agreement. | ||
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12.6 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND | ||
REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND | ||
REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE RESTRICTIONS ON | ||
DESTINATIONS, END USERS, AND END USE. | ||
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12.7 The rights granted in the License Agreement may not be assigned or | ||
transferred by either you or the Company without the prior written approval of | ||
the other party, provided that the Company may assign this License Agreement | ||
upon notice to you in connection with an acquisition, merger, sale of assets, or | ||
similar corporate change in control for the Company or the Intellectual Property | ||
Rights in the SDK. | ||
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12.8 The License Agreement, and any dispute relating to or arising out of this | ||
License Agreement, shall be governed by the laws of the State of California | ||
without regard to its conflict of laws provisions. You and the Company agree to | ||
submit to the exclusive jurisdiction of the courts located within the county of | ||
Los Angeles, California to resolve any dispute or legal matter arising from the | ||
License Agreement. Notwithstanding this, you agree that the Company shall be | ||
allowed to apply for injunctive remedies, or any equivalent type of urgent legal | ||
relief, in any forum or jurisdiction. |
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# @bitwarden/sdk-internal | ||
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**Note:** This is only for internal use. Bitwarden will not provide any support for this package. |
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