Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using the Datadog Visual Studio, or Visual Studio Code (VS Code) IDE Extension (the “Application”).
By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and Datadog, Inc. (“Datadog”), and it governs your use of the Application made available to you by Datadog.
If you are an individual using the Application for your own purposes: (1) all references to “you” are to you and (2) you represent and warrant that you are at least 18 years of age, or have otherwise reached the age of “majority” where you reside, and that you have the right, power and authority to enter into this Agreement.
If you are using the Application on behalf of an entity or organization that you represent: (1) all references to “you” are to that entity or organization and (2) you represent and warrant that you are at least 18 years of age, or have otherwise reached the age of “majority” where you reside, and that you have the right, power and authority to enter into this Agreement on behalf of that entity or organization.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
The Application is licensed, not sold, to you by Datadog for use strictly in accordance with the terms of this Agreement.
LICENSE
Datadog agrees to provide you with a revocable, limited, personal, non-exclusive, non-transferable, non-sublicensable, limited license to download, install and use the Application in accordance with the terms of this Agreement. You may not use the Application for anything other than as intended by Datadog.
RESTRICTIONS
A. You agree NOT to, and you will not permit others to, use the Application to (a) enable any unauthorized person or entity to access and use the Application; (b) modify, copy or create any derivative work based upon the Application or any portion, feature or function of the Application; (c) resell, distribute or otherwise make available the Application to any third party, including as part of a managed services offering; (d) reverse engineer, disassemble or decompile all or any portion of, or attempt to access, discover or recreate the source code for, the Application or (e) access or use the Application in order to (1) copy ideas, features, functions or graphics, (2) develop competing products or services, or (3) perform competitive analyses; (f) remove, obscure or alter any proprietary notice related to the Application; (g) send or store Malicious Code; (h) use or permit others to use the Application in violation of Applicable Law; or (i) use or permit others to use the Application other than as described in this Agreement.
B. You are responsible for violations of the restrictions set forth in this section by anyone using the Application with your permission or using your account for the Application on an unauthorized basis. Your use of the Application to assist another person in an activity that would violate these prohibitions if performed by you is a violation of this Agreement.
C. Datadog reserves the right, but does not assume the obligation, to investigate any violation of this Section or misuse of the Application. Datadog may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate data originating from or about you. Datadog also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these terms.
INTELLECTUAL PROPERTY
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Datadog.
YOUR SUGGESTIONS
By providing feedback, comments, ideas, improvements or suggestions with respect to the Application (collectively, “Suggestions”) to Datadog, you assign all rights and ownership in those Suggestions exclusively to Datadog and Datadog shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
MODIFICATIONS AND UPDATES TO APPLICATION
Datadog reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you. Datadog may from time to time, but has no obligation to, provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Datadog has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
THIRD-PARTY CONTENT
The Application may use, display, include or make available third-party content (including data, information, software and other products or services) or provide links to third-party websites or services (“Third-Party Dependencies”).
Third-Party Dependencies for the Application are listed in a LICENSE-3RD-PARTY.txt file, which is included with the Application. You acknowledge and agree that Datadog shall not be responsible for any Third-Party Dependencies, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Datadog does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Dependencies. Third-Party Dependencies and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
DATA AND PRIVACY
The Application may collect data about you and your use of the Application. Datadog may use the data collected to provide and improve its products, and to provide you with support. By accepting this Agreement, you agree that any processing of personal information about you by the Application is done in accordance with Datdog’s Privacy Policy, available at https://www.datadoghq.com/legal/privacy/.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by you or Datadog. Datadog may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Datadog in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of Datadog’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
INDEMNIFICATION
You agree to indemnify and hold Datadog and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
NO WARRANTIES
The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Datadog on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Datadog provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, Datadog makes no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Datadog are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur, Datadog has no liability under any provision of this Agreement.
To the maximum extent permitted by applicable law, in no event shall Datadog be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Datadog has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
GOVERNING LAW/VENUE
Except to the extent the issue arising under this Agreement is governed by United States Federal law, this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New York, without giving effect to the choice of law rules of that State. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York County, New York, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods are specifically excluded from application to this Agreement.
SEVERABILITY
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
WAIVER
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
U.S. GOVERNMENT CUSTOMERS
The Application is provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data”. If you are using the Application on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you must immediately discontinue use of the Application. The terms listed above are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
EXPORT COMPLIANCE
You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.
In particular, but without limitation, the Application may not be exported or re-exported to an individual, or entity, country, or region identified on the Consolidated Screening List, available at https://www.trade.gov/consolidated-screening-list or to any individual or entity in Russia or Belarus (“Sanctions Target”).
By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any Sanctions Target.
AMENDMENTS TO THIS AGREEMENT
Datadog reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between you and Datadog regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Datadog or any Datadog affiliate or subsidiary.
You may be subject to additional terms and conditions that apply when you use or purchase other Datadog services.