The Datadog Synthetics Service enables Customer to run Browser and API Tests that simulate End User actions, typically used in managed locations. Additionally, Datadog makes available proprietary code that Customer may, at its option, download and install in private locations in Customer’s Environment to support use of the Synthetics Service (“PL Code”). Subject to these Terms regarding Synthetics Service private locations (“PL Terms”) and the Agreement, Customer may use the PL Code exclusively to support Customer’s use of the Synthetics Service. These PL Terms are effective upon the earliest of when Customer or its Authorized User: (a) downloads, installs, accesses or uses the PL Code or (b) clicks an “I Accept,” “Sign up” or similar button or check box referencing these PL Terms.
Where Customer has subscribed to the Synthetics Service, subject to these PL Terms and the Agreement, Customer is granted a limited, non-exclusive and non-transferable license to download, install and use the PL Code on servers in Customer’s Environment solely to allow Customer to use supported features and functionality of the Synthetics Service. The PL Code will be deemed a part of the Synthetics Service, not a Connection or Ancillary Tool, under these PL Terms and the Agreement.
Without limiting the Agreement: (a) Customer is solely responsible for configuring its usage and privacy and security settings in its Private Locations and (b) no provision of these PL Terms includes the right to, and Customer shall not, directly or indirectly, resell, distribute or otherwise make available PL Code to any third party or, except to the extent limited by Applicable Law, reverse engineer, disassemble or decompile PL Code or access or use PL Code or associated Documentation in order to (i) copy ideas, features, functions or graphics, (ii) develop competing products or services, or (iii) perform competitive analyses.
Customer agrees to comply with all Applicable Laws with respect to its access and use of PL Code. Customer shall not directly or indirectly export, re-export or release the PL Code to, or make the PL Code accessible to, a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws.
PL Code is provided under license, not sold, to Customer. Customer does not acquire any ownership interest in PL Code, or any other rights to PL Code other than to use PL Code in accordance with these PL Terms and the Agreement. Except as expressly granted in these PL Terms, Datadog reserves and shall its entire right, title, and interest in and to PL Code, including all associated Intellectual Property Rights.
Datadog may from time to time in its sole discretion develop and provide updates to PL Code, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “PL Updates”). Datadog shall provide Customer notice, which may include through the Services, of or be prompted to download and install available PL Updates. Customer agrees to promptly download and install all PL Updates and acknowledges and agrees that PL Code or portions thereof may not properly operate should Customer fail to do so. Customer further agrees that all PL Updates will be deemed part of PL Code and subject to these PL Terms and the Agreement.
These PL Terms terminate upon expiration or earlier termination of Customer’s subscription to the Synthetics Service. Upon termination, all rights granted to Customer under these Private Location Terms will also terminate and, unless Customer must cease all use of and access to PL Code and delete all copies of PL Code.
For clarity, the Parties’ confidentiality and indemnification obligations under the Agreement extend to these PL Terms, and each Party’s (and each of its Affiliate’s) liability taken together in the aggregate, arising out of or related to these PL Terms, whether in contract, tort, or under any other theory of liability, is subject to the limitation of liability provisions of the Agreement.