diff --git a/Policies/acceptable-use-policies/github-acceptable-use-policies.md b/Policies/acceptable-use-policies/github-acceptable-use-policies.md index 799f6fe7..6aa49575 100644 --- a/Policies/acceptable-use-policies/github-acceptable-use-policies.md +++ b/Policies/acceptable-use-policies/github-acceptable-use-policies.md @@ -99,7 +99,7 @@ Any person, entity, or service collecting data from the Service must comply with ## 9. Excessive Bandwidth Use -The Service's bandwidth limitations vary based on the features you use. If we determine your bandwidth usage to be significantly excessive in relation to other users of similar features, we reserve the right to suspend your Account, throttle your file hosting, or otherwise limit your activity until you can reduce your bandwidth consumption. We also reserve the right—after providing advance notice—to delete repositories that we determine to be placing undue strain on our infrastructure. For guidance on acceptable use of object storage in repositories, refer to "[AUTOTITLE](/repositories/working-with-files/managing-large-files/about-large-files-on-github)". For more details on specific features' bandwidth limitations, see the [GitHub Additional Product Terms](/site-policy/github-terms/github-terms-for-additional-products-and-features). +The Service's bandwidth limitations vary based on the features you use. If we determine your bandwidth usage to be significantly excessive in relation to other users of similar features, we reserve the right to suspend your Account, throttle your file hosting, or otherwise limit your activity until you can reduce your bandwidth consumption. We also reserve the right—after providing advance notice—to delete repositories that we determine to be placing undue strain on our infrastructure. For guidance on acceptable use of object storage in repositories, refer to [AUTOTITLE](/repositories/working-with-files/managing-large-files/about-large-files-on-github). For more details on specific features' bandwidth limitations, see the [GitHub Additional Product Terms](/site-policy/github-terms/github-terms-for-additional-products-and-features). ## 10. Advertising on GitHub diff --git a/Policies/content-removal-policies/dmca-takedown-policy.md b/Policies/content-removal-policies/dmca-takedown-policy.md index 6f10e8b4..2f2e020e 100644 --- a/Policies/content-removal-policies/dmca-takedown-policy.md +++ b/Policies/content-removal-policies/dmca-takedown-policy.md @@ -16,7 +16,7 @@ topics: Welcome to GitHub's Guide to the Digital Millennium Copyright Act, commonly known as the "DMCA." This page is not meant as a comprehensive primer to the statute. However, if you've received a DMCA takedown notice targeting content you've posted on GitHub or if you're a rights-holder looking to issue such a notice, this page will hopefully help to demystify the law a bit as well as our policies for complying with it. -(If you just want to submit a notice, you can skip to "[G. Submitting Notices](#g-submitting-notices).") +(If you just want to submit a notice, you can skip to [G. Submitting Notices](#g-submitting-notices).) As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. This guide isn't legal advice and shouldn't be taken as such. @@ -65,7 +65,7 @@ Here are the basic steps in the process. ## B. What About Forks? (or What's a Fork?) -One of the best features of GitHub is the ability for users to "fork" one another's repositories. What does that mean? In essence, it means that users can make a copy of a project on GitHub into their own repositories. As the license or the law allows, users can then make changes to that fork to either push back to the main project or just keep as their own variation of a project. Each of these copies is a "[AUTOTITLE](/get-started/learning-about-github/github-glossary#fork)" of the original repository, which in turn may also be called the "parent" of the fork. +One of the best features of GitHub is the ability for users to "fork" one another's repositories. What does that mean? In essence, it means that users can make a copy of a project on GitHub into their own repositories. As the license or the law allows, users can then make changes to that fork to either push back to the main project or just keep as their own variation of a project. Each of these copies is a [AUTOTITLE](/get-started/learning-about-github/github-glossary#fork) of the original repository, which in turn may also be called the "parent" of the fork. GitHub _will not_ automatically disable forks when disabling a parent repository. This is because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine. GitHub does not conduct any independent investigation into forks. We expect copyright owners to conduct that investigation and, if they believe that the forks are also infringing, expressly include forks in their takedown notice. @@ -82,7 +82,7 @@ A circumvention claim must include the following details about the technical mea GitHub will review circumvention claims closely, including by both technical and legal experts. In the technical review, we will seek to validate the details about the manner in which the technical protection measures operate and the way the project allegedly circumvents them. In the legal review, we will seek to ensure that the claims do not extend beyond the boundaries of the DMCA. In cases where we are unable to determine whether a claim is valid, we will err on the side of the developer, and leave the content up. If the claimant wishes to follow up with additional detail, we would start the review process again to evaluate the revised claims. -Where our experts determine that a claim is complete, legal, and technically legitimate, we will contact the repository owner and give them a chance to respond to the claim or make changes to the repo to avoid a takedown. If they do not respond, we will attempt to contact the repository owner again before taking any further steps. In other words, we will not disable a repository based on a claim of circumvention technology without attempting to contact a repository owner to give them a chance to respond or make changes first. If we are unable to resolve the issue by reaching out to the repository owner first, we will always be happy to consider a response from the repository owner even after the content has been disabled if they would like an opportunity to dispute the claim, present us with additional facts, or make changes to have the content restored. When we need to disable content, we will ensure that repository owners can export their issues and pull requests and other repository data that do not contain the alleged circumvention code to the extent legally possible. +Where our experts determine that a claim is complete, legal, and technically legitimate, we will contact the repository owner and give them a chance to respond to the claim or make changes to the repo to avoid a takedown. If they do not respond, we will attempt to contact the repository owner again before taking any further steps. In other words, we will not disable a repository based on a claim of circumvention technology without attempting to contact a repository owner to give them a chance to respond or make changes first. If we are unable to resolve the issue by reaching out to the repository owner first, we will always be happy to consider a response from the repository owner even after the content has been disabled if they would like an opportunity to dispute the claim, present us with additional facts, or make changes to have the content restored. When we need to disable content, we will ensure that repository owners can export their issues and pull requests and other repository data that do not contain the alleged circumvention code to the extent legally possible. Please note, our review process for circumvention technology does not apply to content that would otherwise violate our Acceptable Use Policy restrictions against sharing unauthorized product licensing keys, software for generating unauthorized product licensing keys, or software for bypassing checks for product licensing keys. Although these types of claims may also violate the DMCA provisions on circumvention technology, these are typically straightforward and do not warrant additional technical and legal review. Nonetheless, where a claim is not straightforward, for example in the case of jailbreaks, the circumvention technology claim review process would apply. diff --git a/Policies/content-removal-policies/github-private-information-removal-policy.md b/Policies/content-removal-policies/github-private-information-removal-policy.md index a67cff4c..5412a7c9 100644 --- a/Policies/content-removal-policies/github-private-information-removal-policy.md +++ b/Policies/content-removal-policies/github-private-information-removal-policy.md @@ -66,7 +66,7 @@ For the purposes of this document, “private information” refers to content t ### What About Forks? (or What's a Fork?) -One of the best features of GitHub is the ability for users to "fork" one another's repositories. What does that mean? In essence, it means that users can make a copy of a project on GitHub into their own repositories. As the license or the law allows, users can then make changes to that fork to either push back to the main project or just keep as their own variation of a project. Each of these copies is a "[AUTOTITLE](/get-started/learning-about-github/github-glossary#fork)" of the original repository, which in turn may also be called the "parent" of the fork. +One of the best features of GitHub is the ability for users to "fork" one another's repositories. What does that mean? In essence, it means that users can make a copy of a project on GitHub into their own repositories. As the license or the law allows, users can then make changes to that fork to either push back to the main project or just keep as their own variation of a project. Each of these copies is a [AUTOTITLE](/get-started/learning-about-github/github-glossary#fork) of the original repository, which in turn may also be called the "parent" of the fork. GitHub will not automatically disable forks when disabling a parent repository. This is because forks belong to different users and may have been altered in significant ways. GitHub does not conduct any independent investigation into forks. We expect those sending private information removal requests to conduct that investigation and, if they believe that the forks also contain private information, expressly include forks in their request. diff --git a/Policies/github-company-policies/github-statement-against-modern-slavery-and-child-labor.md b/Policies/github-company-policies/github-statement-against-modern-slavery-and-child-labor.md index 3f40315b..ec0f62ee 100644 --- a/Policies/github-company-policies/github-statement-against-modern-slavery-and-child-labor.md +++ b/Policies/github-company-policies/github-statement-against-modern-slavery-and-child-labor.md @@ -11,7 +11,7 @@ topics: --- _2018 statement_ -According to the International Labour Organization (ILO), [40 million people were victims of modern slavery and 152 million children were subject to child labor](https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_574717/lang--en/index.htm) globally in 2016. As the [ILO reports](https://www.ilo.org/global/topics/forced-labour/lang--en/index.htm): +According to the International Labour Organization (ILO), [40 million people were victims of modern slavery and 152 million children were subject to child labor](https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_574717/lang--en/index.htm) globally in 2016. As the [ILO reports](https://www.ilo.org/topics-and-sectors/forced-labour-modern-slavery-and-trafficking-persons): * 1 in 4 victims of modern slavery are children. * Out of the 24.9 million people trapped in forced labour, 16 million people are exploited in the private sector such as domestic work, construction or agriculture; 4.8 million persons in forced sexual exploitation, and 4 million persons in forced labour imposed by state authorities. * Women and girls are disproportionately affected by forced labour, accounting for 99% of victims in the commercial sex industry, and 58% in other sectors. @@ -56,19 +56,19 @@ GitHub has a non-retaliation policy for reporting workplace-related concerns. Co GitHub's labor practices are -**fair**: +**fair:** * GitHub pays its employees and contractors a fair wage, in accordance with applicable legal wages * GitHub maintains humane working conditions * GitHub does not require workers to exceed the maximum hours of daily labor set by local and national laws or regulations * GitHub pays its employees and contractors in a timely manner, with documentation (such as a pay stub) stating the basis on which they are paid, and keeps employee records in accordance with local and national laws -**humane and ethical**: +**humane and ethical:** * GitHub uses only voluntary labor * GitHub prohibits child labor * GitHub does not engage in physical discipline or abuse * GitHub does not tolerate harassment or unlawful discrimination in the workforce or workplace -**respectful**: +**respectful:** * GitHub protects its employees' rights to freedom of association and collective bargaining in accordance with legal requirements, including to post legal notices of employees' rights under the National Labor Relations Act * GitHub provides benefits to employees at or in excess of levels expected in the industry * GitHub encourages employees to report any workplace complaint and does not tolerate retaliation for reporting @@ -88,17 +88,17 @@ Although GitHub knows of no actual or alleged modern slavery or child labor in i GitHub complies and will continue to comply with laws related to modern slavery and child labor. Going forward, GitHub now requires its suppliers to comply with this Statement, as well as laws related to modern slavery and child labor. GitHub now also requires its suppliers to: - * not use, participate in, support, or tolerate modern slavery or child labor - * not use misleading or fraudulent recruitment or engagement practices for employees or contract workers - * not charge employees or contract workers recruitment or engagement fees - * not destroy, conceal, confiscate, or otherwise deny access by an employee or any contract worker to passport, driver's license, or other identity documents; - * allow us to terminate our agreements with them for any violation of its obligations related to modern slavery or child labor; and - * remediate any harms caused to any worker found to be subjected to any form of modern slavery or child labor, if required by law. + * Not use, participate in, support, or tolerate modern slavery or child labor + * Not use misleading or fraudulent recruitment or engagement practices for employees or contract workers + * Not charge employees or contract workers recruitment or engagement fees + * Not destroy, conceal, confiscate, or otherwise deny access by an employee or any contract worker to passport, driver's license, or other identity documents; + * Allow us to terminate our agreements with them for any violation of its obligations related to modern slavery or child labor; and + * Remediate any harms caused to any worker found to be subjected to any form of modern slavery or child labor, if required by law. In addition, GitHub strongly encourages its suppliers to: - * conduct anti-modern slavery and child labor due diligence processes, including risk assessments, for their suppliers; - * take steps to address risks identified; and - * use similar anti-modern slavery and child labor language with their suppliers. + * Conduct anti-modern slavery and child labor due diligence processes, including risk assessments, for their suppliers; + * Take steps to address risks identified; and + * Use similar anti-modern slavery and child labor language with their suppliers. GitHub's procurement instructions to employees making company purchases now includes a reference to the requirement for suppliers to comply with Microsoft's Supplier Code of Conduct or this Statement. diff --git a/Policies/github-terms/github-community-code-of-conduct.md b/Policies/github-terms/github-community-code-of-conduct.md index ac5dd5fc..b713c52d 100644 --- a/Policies/github-terms/github-community-code-of-conduct.md +++ b/Policies/github-terms/github-community-code-of-conduct.md @@ -99,7 +99,7 @@ The community is here for users to build trust through authentic reputations. No * **If you see a problem, report it.** Moderators have special authority; they are responsible for this GitHub Community. But so are you. With your help, moderators can be community facilitators, not just janitors or police. - When you see bad behavior, don’t reply. It encourages the bad behavior by acknowledging it, consumes your energy, and wastes everyone’s time. You can report a disruptive user or disruptive content to GitHub. For more information, see "[AUTOTITLE](/communities/maintaining-your-safety-on-github/reporting-abuse-or-spam)." + When you see bad behavior, don’t reply. It encourages the bad behavior by acknowledging it, consumes your energy, and wastes everyone’s time. You can report a disruptive user or disruptive content to GitHub. For more information, see [AUTOTITLE](/communities/maintaining-your-safety-on-github/reporting-abuse-or-spam). ### Our Responsibilities diff --git a/Policies/github-terms/github-community-guidelines.md b/Policies/github-terms/github-community-guidelines.md index c6fb9310..78e400e8 100644 --- a/Policies/github-terms/github-community-guidelines.md +++ b/Policies/github-terms/github-community-guidelines.md @@ -22,7 +22,7 @@ We encourage our community members to communicate expectations clearly, [moderat ## Maintaining a strong community -The primary purpose of the GitHub community is to collaborate on software projects. We are committed to maintaining a community where users are free to express themselves and challenge one another's ideas, both technical and otherwise. At the same time, it's important that users remain respectful and allow space for others to contribute openly. In order to foster both a safe and productive environment, we encourage our community members to look to these guidelines to inform how they interact on our platform. Below, you’ll find some suggestions for how to have successful interactions as a valued member of the GitHub community. +The primary purpose of the GitHub community is to collaborate on software projects. We are committed to maintaining a community where users are free to express themselves and challenge one another's ideas, both technical and otherwise. At the same time, it's important that users remain respectful and allow space for others to contribute openly. In order to foster both a safe and productive environment, we encourage our community members to look to these guidelines to inform how they interact on our platform. Below, you’ll find some suggestions for how to have successful interactions as a valued member of the GitHub community. * **Be welcoming and open-minded** - New users join our community each day. Some are well-established developers, while others are just beginning. Be open to other ideas and experience levels. Make room for opinions other than your own and be welcoming to new collaborators and those just getting started. @@ -38,7 +38,7 @@ While some disagreements can be resolved with direct, respectful communication b * **Moderate Comments** - Users with [write-access privileges](/organizations/managing-user-access-to-your-organizations-repositories/repository-roles-for-an-organization) for a repository can [edit, delete, or hide anyone's comments](/communities/moderating-comments-and-conversations/managing-disruptive-comments) on commits, pull requests, and issues. Anyone with read access to a repository can view a comment's edit history. Comment authors and people with write access to a repository can also delete sensitive information from a [comment's edit history](/communities/moderating-comments-and-conversations/tracking-changes-in-a-comment). Moderating your projects can feel like a big task if there is a lot of activity, but you can [add collaborators](/account-and-profile/setting-up-and-managing-your-personal-account-on-github/managing-personal-account-settings/permission-levels-for-a-personal-account-repository#collaborator-access-for-a-repository-owned-by-a-personal-account) to assist you in managing your community. -* **Lock Conversations**  - If a discussion in an issue, pull request, or commit gets out of hand, off topic, or violates your project’s code of conduct or GitHub’s policies, owners, collaborators, and anyone else with write access can put a temporary or permanent lock on the conversation. For more information, see "[AUTOTITLE](/communities/moderating-comments-and-conversations/locking-conversations)." +* **Lock Conversations**  - If a discussion in an issue, pull request, or commit gets out of hand, off topic, or violates your project’s code of conduct or GitHub’s policies, owners, collaborators, and anyone else with write access can put a temporary or permanent lock on the conversation. For more information, see [AUTOTITLE](/communities/moderating-comments-and-conversations/locking-conversations). * **Block Users**  - If you encounter a specific user who you would rather not engage with, you can [block the user from your personal account](/communities/maintaining-your-safety-on-github/blocking-a-user-from-your-personal-account) or [from your organization](/communities/maintaining-your-safety-on-github/blocking-a-user-from-your-organization). diff --git a/Policies/github-terms/github-copilot-extension-developer-policy.md b/Policies/github-terms/github-copilot-extension-developer-policy.md index f86f82fb..d9a30aa9 100644 --- a/Policies/github-terms/github-copilot-extension-developer-policy.md +++ b/Policies/github-terms/github-copilot-extension-developer-policy.md @@ -27,9 +27,9 @@ Violations of this Agreement may result in removing the Extension from the Platf While we want You to develop useful, fun, and interesting Extensions with GitHub Copilot, we want to make sure that our Users receive a safe, secure, productive, and enjoyable experience. When creating Extensions, you must understand the use cases and limitations of GitHub Copilot, and not rely on it for tasks where its use could lead to significant harm. With that in mind, You are required to comply with this Policy and other obligations. -**Terms of Service**: Your Extension must comply with the GitHub Terms of Service (ToS) including the Acceptable Use Policy. +**Terms of Service:** Your Extension must comply with the GitHub Terms of Service (ToS) including the Acceptable Use Policy. -**Security**: We take the security of Personal Data seriously and you must as well. As you develop your Extension, You must properly configure your systems to protect Personal Data and ensure that any stored Personal Data is encrypted. Furthermore, Extensions and developers must not: +**Security:** We take the security of Personal Data seriously and you must as well. As you develop your Extension, You must properly configure your systems to protect Personal Data and ensure that any stored Personal Data is encrypted. Furthermore, Extensions and developers must not: * Degrade or compromise security * Bypass or circumvent protocols and access controls @@ -38,7 +38,7 @@ While we want You to develop useful, fun, and interesting Extensions with GitHub * Transmit any viruses or other code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or Personal Data * Attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of the Platform or any portion thereof -**Use of Personal Data**: Protecting User privacy is paramount at GitHub, and must be for you. You are responsible for good Personal Data practices. You do not have independent rights to any Personal Data. In accordance with this, Extensions and developers are prohibited from: +**Use of Personal Data:** Protecting User privacy is paramount at GitHub, and must be for you. You are responsible for good Personal Data practices. You do not have independent rights to any Personal Data. In accordance with this, Extensions and developers are prohibited from: * Collecting, storing, and using Personal Data without obtaining proper User consent * Utilizing Personal Data to contact Users. You must gain permission through a clear and separate permissions process to contact Users outside of GitHub. Contacting Users is limited to emergencies in which the User’s safety and security is at risk and in compliance with the law @@ -52,7 +52,7 @@ While we want You to develop useful, fun, and interesting Extensions with GitHub * Accessing Data for surveillance purposes. You may not allow or assist any entity to conduct surveillance or obtain Personal Data using your access to the Platform * Otherwise exploiting Personal Data in a way not approved by GitHub and not disclosed to and permitted by Users. You may, however, use Data that is both aggregated and anonymized for purposes of analytics and development related to the Extension -**Law and Safety**: Extensions should not create unsafe environments or hardships for Users. Each Extension must comply with all applicable laws and legal requirements in all locations where it is made available to Users. In addition, Extensions and developers are prohibited from: +**Law and Safety:** Extensions should not create unsafe environments or hardships for Users. Each Extension must comply with all applicable laws and legal requirements in all locations where it is made available to Users. In addition, Extensions and developers are prohibited from: * Inferring people’s emotional states from their physical, physiological, or behavioral characteristics * Inferring people’s sensitive attributes such as gender, race, nationality, religion, or specific age (not including age range, position of mouth (e.g., smile or frown), and hair color) @@ -62,7 +62,7 @@ While we want You to develop useful, fun, and interesting Extensions with GitHub * For any real-time facial recognition technology on mobile cameras used by any law enforcement globally to attempt to identify individuals in uncontrolled, "in the wild" environments, which includes (without limitation) police officers on patrol using body-worn or dash-mounted cameras using facial recognition technology to attempt to identify individuals present in a database of suspects or prior inmates * Without the individual’s valid consent, for ongoing surveillance or real-time or near real-time identification or persistent tracking of the individual using any of their personal information, including biometric data -**Transparency**: GitHub Copilot is a generative artificial intelligence (AI) tool intended to increase developer productivity. You must inform Users of Your Extensions intended use cases, best practices, and limitations as well as when they are interacting with generative AI content. Furthermore, Extensions and developers must: +**Transparency:** GitHub Copilot is a generative artificial intelligence (AI) tool intended to increase developer productivity. You must inform Users of Your Extensions intended use cases, best practices, and limitations as well as when they are interacting with generative AI content. Furthermore, Extensions and developers must: * Test the Extension to ensure outputs do not violate this Agreement * Provide a mechanism for Users to report feedback to You and GitHub related to errors, bugs, improper, or undesired outputs diff --git a/Policies/github-terms/github-corporate-terms-of-service.md b/Policies/github-terms/github-corporate-terms-of-service.md index 0a46740e..107ee7c4 100644 --- a/Policies/github-terms/github-corporate-terms-of-service.md +++ b/Policies/github-terms/github-corporate-terms-of-service.md @@ -11,11 +11,8 @@ topics: --- -{% note %} - -**Note:** The GitHub Corporate Terms of Service were deprecated effective 30 November 2021, and are no longer used for new customers. The terms below apply _only_ to those GitHub customers with executed agreements that explicitly reference the Corporate Terms of Service. All other business or institution customers are directed to the GitHub Customer Agreement terms available at [github.com/customer-terms](https://github.com/customer-terms). - -{% endnote %} +> [!NOTE] +> The GitHub Corporate Terms of Service were deprecated effective 30 November 2021, and are no longer used for new customers. The terms below apply _only_ to those GitHub customers with executed agreements that explicitly reference the Corporate Terms of Service. All other business or institution customers are directed to the GitHub Customer Agreement terms available at [github.com/customer-terms](https://github.com/customer-terms). ## GitHub Corporate Terms of Service @@ -113,7 +110,7 @@ In order to create an account, Customer must adhere to the following: ### 3. Account Security -Customer is responsible for: (i) all Content posted and activity that occurs under its Corporate Account; (ii) maintaining the security of its account login credentials; and (iii) [promptly notifying GitHub](https://github.com/contact) upon becoming aware of any unauthorized use of, or access to, the Service through its account. GitHub will not be liable for any loss or damage from Customer’s failure to comply with this Section B. +Customer is responsible for: (i) all Content posted and activity that occurs under its Corporate Account; (ii) maintaining the security of its account login credentials; and (iii) [promptly notifying GitHub](https://github.com/contact) upon becoming aware of any unauthorized use of, or access to, the Service through its account. GitHub will not be liable for any loss or damage from Customer’s failure to comply with this Section B. ### 4. Third Party Terms @@ -251,7 +248,7 @@ Either Party may terminate an Order Form (if applicable) or this Agreement, with ### 3. Termination for Material Breach -Either Party may terminate this Agreement immediately upon notice if the other Party breaches a material obligation under this Agreement and fails to cure the breach within thirty (30) days from the date it receives notification. GitHub may terminate this Agreement if Customer's Account has been suspended for more than 90 days. +Either Party may terminate this Agreement immediately upon notice if the other Party breaches a material obligation under this Agreement and fails to cure the breach within thirty (30) days from the date it receives notification. GitHub may terminate this Agreement if Customer's Account has been suspended for more than 90 days. ### 4. Effect of Termination diff --git a/Policies/github-terms/github-educational-use-agreement.md b/Policies/github-terms/github-educational-use-agreement.md index 83cf12e6..691055b9 100644 --- a/Policies/github-terms/github-educational-use-agreement.md +++ b/Policies/github-terms/github-educational-use-agreement.md @@ -8,15 +8,12 @@ topics: - Education --- -{% note %} - -**Note:** The below Educational Use Agreement is related to the GitHub Campus Program Partner Schools, also found [here](https://education.github.com/schools/terms), and is considered the program terms and conditions. - -{% endnote %} +> [!NOTE] +> The below Educational Use Agreement is related to the GitHub Campus Program Partner Schools, also found [here](https://education.github.com/schools/terms), and is considered the program terms and conditions. ## EDUCATIONAL USE AGREEMENT -This EDUCATIONAL USE AGREEMENT (this "Agreement") is a legal agreement between you ("Education Partner", “you”, or "your") and GitHub, Inc. (“GitHub”, “we”, or “us”). This Agreement sets forth the terms and conditions under which Education Partner may participate in GitHub’s Education Partner Program and receive Program benefits as defined herein. +This EDUCATIONAL USE AGREEMENT (this "Agreement") is a legal agreement between you ("Education Partner", “you”, or "your") and GitHub, Inc. (“GitHub”, “we”, or “us”). This Agreement sets forth the terms and conditions under which Education Partner may participate in GitHub’s Education Partner Program and receive Program benefits as defined herein. If you are entering into this Agreement on behalf of an organization or other legal entity, you represent that you have the legal authority to do so. @@ -44,7 +41,7 @@ Capitalized terms herein shall have the meanings set forth below. Capitalized te "_Request Effective Date_" means the date the Order Form is accepted and processed by the GitHub Program Manager. -"_Service_" means the hosted GitHub Enterprise Cloud service. The Service includes: Organization account(s), SAML single sign-on, access provisioning, and any applicable Documentation. This list of features and services is non-exhaustive and may be updated from time to time. Use of the Service is governed by the [GitHub Customer Agreement](https://github.com/customer-terms). +"_Service_" means the hosted GitHub Enterprise Cloud service. The Service includes: Organization account(s), SAML single sign-on, access provisioning, and any applicable Documentation. This list of features and services is non-exhaustive and may be updated from time to time. Use of the Service is governed by the [GitHub Customer Agreement](https://github.com/customer-terms). "_Software_" includes any applicable Documentation, as well as any Updates to the Software that GitHub provides to you or that you can access under the [GitHub Customer Agreement](https://github.com/customer-terms) as applicable. @@ -60,7 +57,7 @@ Benefits under the Program include the following: #### 2.1.1 GitHub Product Benefits. -After the Agreement Effective Date, Qualified Users shall have free access to Subscription Licenses on the Service or the Software for each Organization listed on completed Order Forms submitted by the Designated Admin to the GitHub Program Manager. Access to and use of the Service and Software are subject to the terms of the [GitHub Customer Agreement](https://github.com/customer-terms). +After the Agreement Effective Date, Qualified Users shall have free access to Subscription Licenses on the Service or the Software for each Organization listed on completed Order Forms submitted by the Designated Admin to the GitHub Program Manager. Access to and use of the Service and Software are subject to the terms of the [GitHub Customer Agreement](https://github.com/customer-terms). #### 2.1.2 Additional Qualified Users. @@ -88,7 +85,7 @@ You grant to GitHub the right to use your logo and other Partner Materials, subj #### 2.2.4 Qualified User Communications. -You must provide channels of communications and information to enable GitHub to communicate information about GitHub products and services to Qualified Users. These channels of communications may include email, SMS, social media or other means of communications designed to reach the maximum number of potential Qualified Users. To the extent required by applicable law, you represent and warrant that you have permission to provide such channels of communication and for GitHub to communication with such Qualified Users. Every potential Qualified User contacted by GitHub will have the ability to opt-out of any future communications. +You must provide channels of communications and information to enable GitHub to communicate information about GitHub products and services to Qualified Users. These channels of communications may include email, SMS, social media or other means of communications designed to reach the maximum number of potential Qualified Users. To the extent required by applicable law, you represent and warrant that you have permission to provide such channels of communication and for GitHub to communication with such Qualified Users. Every potential Qualified User contacted by GitHub will have the ability to opt-out of any future communications. ### 2.3 Good Standing. @@ -98,7 +95,7 @@ You must provide channels of communications and information to enable GitHub to ### 3.1 General Restrictions. -You agree: (i) not to resell the GitHub Products, or to charge any service or other fee to Qualified Users in connection with their use of the GitHub Products under this Agreement; (ii) that you are responsible and liable for Qualified Users' use of the GitHub Products; and (iii) to cooperate with GitHub to enforce the terms of this Agreement in connection with Qualified Users' use of the GitHub Products, including, without limitation, sending appropriate notices to and terminating access to the GitHub Products for Qualified Users who misuse the GitHub Products in any way (iv) to support Qualified Users in the administration and maintenance of their accounts,; and (v) only your Designated Admin shall communicate with GitHub directly about program membership and administration of the Products and Services. You shall immediately terminate access to GitHub Products and Services for any Qualified User who no longer qualifies as such under this Agreement. +You agree: (i) not to resell the GitHub Products, or to charge any service or other fee to Qualified Users in connection with their use of the GitHub Products under this Agreement; (ii) that you are responsible and liable for Qualified Users' use of the GitHub Products; and (iii) to cooperate with GitHub to enforce the terms of this Agreement in connection with Qualified Users' use of the GitHub Products, including, without limitation, sending appropriate notices to and terminating access to the GitHub Products for Qualified Users who misuse the GitHub Products in any way (iv) to support Qualified Users in the administration and maintenance of their accounts,; and (v) only your Designated Admin shall communicate with GitHub directly about program membership and administration of the Products and Services. You shall immediately terminate access to GitHub Products and Services for any Qualified User who no longer qualifies as such under this Agreement. ### 3.2 GitHub Product Support. @@ -134,7 +131,7 @@ Either Party may terminate this Agreement and any Order Forms submitted and acce ### 5.3 Termination for Breach. -If you breach this Agreement, we may terminate the Agreement or any Order Form thirty (30) days after we provide you with notice of the breach unless you cure the breach in that period. However, no such notice or cure period is required for any breach of any provision relating to intellectual property (including compliance with the license or rights grant and any license or rights restrictions). +If you breach this Agreement, we may terminate the Agreement or any Order Form thirty (30) days after we provide you with notice of the breach unless you cure the breach in that period. However, no such notice or cure period is required for any breach of any provision relating to intellectual property (including compliance with the license or rights grant and any license or rights restrictions). ### 5.4 Effect of Termination. @@ -162,7 +159,7 @@ IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED ### 8.1 No Assignment. -You are not allowed to assign or transfer any of your rights or obligations in this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempt by you to do so will be null and void. We can assign this Agreement in its entirety, upon notice to you, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our business or assets. +You are not allowed to assign or transfer any of your rights or obligations in this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempt by you to do so will be null and void. We can assign this Agreement in its entirety, upon notice to you, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our business or assets. ### 8.2 Severability. @@ -186,4 +183,4 @@ This Agreement and your use of the GitHub Products are governed under California ### 8.7 Changes to the Agreement; Complete Agreement. -GitHub may amend this Agreement at any time. Should GitHub materially amends this Agreement, it will notify you of such changes at least 30 days prior to the change taking effect by posting a notice on our Website. This Agreement, together with any applicable GitHub Products terms and GitHub's Privacy Statement, and Order Forms represent the complete and exclusive statement of the agreement between you and us and governs your use of the GitHub Products. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms (including, but not limited to, any prior versions of this Agreement). +GitHub may amend this Agreement at any time. Should GitHub materially amends this Agreement, it will notify you of such changes at least 30 days prior to the change taking effect by posting a notice on our Website. This Agreement, together with any applicable GitHub Products terms and GitHub's Privacy Statement, and Order Forms represent the complete and exclusive statement of the agreement between you and us and governs your use of the GitHub Products. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms (including, but not limited to, any prior versions of this Agreement). diff --git a/Policies/github-terms/github-event-code-of-conduct.md b/Policies/github-terms/github-event-code-of-conduct.md index 29580502..88934aba 100644 --- a/Policies/github-terms/github-event-code-of-conduct.md +++ b/Policies/github-terms/github-event-code-of-conduct.md @@ -12,7 +12,7 @@ topics: ## Code of Conduct -By attending a GitHub event, including any of the events or activities organized by GitHub in association with the GitHub event (collectively the "Event"), you represent that you have read, understand, and agree to the following GitHub Event Code of Conduct (hereinafter “Code of Conduct”). This Code of Conduct applies to all attendees, speakers, exhibitors, sponsors, organizers, staff, and volunteers (collectively “Event Participants”) at the Event. +By attending a GitHub event, including any of the events or activities organized by GitHub in association with the GitHub event (collectively the "Event"), you represent that you have read, understand, and agree to the following GitHub Event Code of Conduct (hereinafter “Code of Conduct”). This Code of Conduct applies to all attendees, speakers, exhibitors, sponsors, organizers, staff, and volunteers (collectively “Event Participants”) at the Event. GitHub values the participation of all Event Participants and aims to create an event where all Event Participants have an enjoyable and fulfilling experience. Accordingly, all Event Participants are expected to show respect and courtesy to other Event Participants throughout the Event. diff --git a/Policies/github-terms/github-event-terms.md b/Policies/github-terms/github-event-terms.md index 972c0107..c2b54013 100644 --- a/Policies/github-terms/github-event-terms.md +++ b/Policies/github-terms/github-event-terms.md @@ -31,9 +31,9 @@ Additionally, if you take any photos or videos at the Event and provide them to ## 3. Information sharing -Event sponsors, exhibitors, and other third parties may directly request your personal or other information at their exhibit booths, auxiliary events, or presentations. Providing any information to them is voluntary and optional, and you should review their privacy policies to determine how they will treat your personal information and whether you are comfortable with that treatment. +Event sponsors, exhibitors, and other third parties may directly request your personal or other information at their exhibit booths, auxiliary events, or presentations. Providing any information to them is voluntary and optional, and you should review their privacy policies to determine how they will treat your personal information and whether you are comfortable with that treatment. -If during the event you provide your information to a sponsor, exhibitor, or third party, including but not limited to (1) RSVPing or attending a session or program hosted by a third party other than GitHub, (2) presenting your badge for scanning at an exhibitor booth or breakout session, (3) requesting that a sponsor contact you via their virtual page on githubuniverse.com, or (4) entering a raffle, sweepstakes, or promotional event put on by third party other than GitHub, you understand and agree that your information will go to a non-GitHub entity and GitHub takes no responsibility for how that company uses or processes your personal information. You should review their privacy policies to determine how they will treat your personal information and whether you are comfortable with that treatment. +If during the event you provide your information to a sponsor, exhibitor, or third party, including but not limited to (1) RSVPing or attending a session or program hosted by a third party other than GitHub, (2) presenting your badge for scanning at an exhibitor booth or breakout session, (3) requesting that a sponsor contact you via their virtual page on githubuniverse.com, or (4) entering a raffle, sweepstakes, or promotional event put on by third party other than GitHub, you understand and agree that your information will go to a non-GitHub entity and GitHub takes no responsibility for how that company uses or processes your personal information. You should review their privacy policies to determine how they will treat your personal information and whether you are comfortable with that treatment. Event sponsors and exhibitors are required to comply with GitHub’s privacy requirements and all applicable law including protecting Personal Data from unauthorized use, access or disclosure. @@ -43,7 +43,7 @@ Event sponsors and exhibitors are required to comply with GitHub’s privacy req Although we try to create a safe environment at the Event, we cannot guarantee 100% safety for participants. Please do your part to help reduce your chance of being injured at the Event. -You agree to carefully consider the risks inherent in any activities you choose to take part in at the Event and to take reasonable precautions before you choose to attend or participate at the Event. You are responsible for your own actions and any resulting consequences. You agree to assume responsibility for your actions and your attendance to the fullest extent permitted by law. GitHub is not responsible for any injuries or accidents that you might sustain at the Event. +You agree to carefully consider the risks inherent in any activities you choose to take part in at the Event and to take reasonable precautions before you choose to attend or participate at the Event. You are responsible for your own actions and any resulting consequences. You agree to assume responsibility for your actions and your attendance to the fullest extent permitted by law. GitHub is not responsible for any injuries or accidents that you might sustain at the Event. ### Release of liability @@ -71,6 +71,6 @@ Any failure by GitHub to exercise or enforce any right or provision of these ter The views expressed by any event attendee, speaker, exhibitor, or sponsor are not necessarily those of GitHub. All attendees, speakers, exhibitors, and sponsors are solely responsible for the content of all presentations and any other material used at the Event. -GitHub reserves the right to update these Event Terms in its sole discretion and without prior notice. These Event Terms apply to all event participants (attendees, speakers, sponsors, exhibitors, staff, and crew). You are advised to review these Event Terms periodically. +GitHub reserves the right to update these Event Terms in its sole discretion and without prior notice. These Event Terms apply to all event participants (attendees, speakers, sponsors, exhibitors, staff, and crew). You are advised to review these Event Terms periodically. These Event Terms were last updated on February 7th 2024. diff --git a/Policies/github-terms/github-marketplace-developer-agreement.md b/Policies/github-terms/github-marketplace-developer-agreement.md index e325234e..3d4f6b3f 100644 --- a/Policies/github-terms/github-marketplace-developer-agreement.md +++ b/Policies/github-terms/github-marketplace-developer-agreement.md @@ -29,7 +29,7 @@ Capitalized terms utilized in this Agreement and not defined shall otherwise hav “End User” means any person, company or other legal entity that will acquire licenses to a Developer Product via the GitHub Marketplace. -“GitHub API” means any proprietary application programming interface developed by GitHub, and includes the GitHub Copilot API. Access to and use of a GitHub API is governed by the ToS. +“GitHub API” means any proprietary application programming interface developed by GitHub, and includes the GitHub Copilot API. Access to and use of a GitHub API is governed by the ToS. “GitHub Marketplace” or “Marketplace” means the proprietary online marketplace site operated by GitHub where Developer Products may be delivered to End Users. @@ -43,15 +43,15 @@ Capitalized terms utilized in this Agreement and not defined shall otherwise hav ## 2. PURPOSE AND LICENSE GRANT -**2.1** This Agreement sets forth the terms that govern a Developer publishing Listings on GitHub Marketplace for End Users to use Developer Products. This Agreement is applicable to all Developer Products, regardless if distributed for free or for a fee. Developer agrees to use the GitHub Marketplace solely for the purposes permitted by this Agreement. Developer is solely responsible for its Developer Products. +**2.1** This Agreement sets forth the terms that govern a Developer publishing Listings on GitHub Marketplace for End Users to use Developer Products. This Agreement is applicable to all Developer Products, regardless if distributed for free or for a fee. Developer agrees to use the GitHub Marketplace solely for the purposes permitted by this Agreement. Developer is solely responsible for its Developer Products. -**2.2** Developer grants to GitHub a non-exclusive, worldwide, transferable, sublicensable, fully paid-up, royalty-free license to process the Listing in any fashion (including testing and displaying it on Marketplace), and to display Developer’s Brand Features in connection with Marketplace. +**2.2** Developer grants to GitHub a non-exclusive, worldwide, transferable, sublicensable, fully paid-up, royalty-free license to process the Listing in any fashion (including testing and displaying it on Marketplace), and to display Developer’s Brand Features in connection with Marketplace. -**2.3** In addition to the licenses granted above, GitHub may include Developer Brand Features in any material marketing Marketplace. If Developer stops distributing a Developer Product on Marketplace, GitHub will stop use of the discontinued products’ Brand Features. +**2.3** In addition to the licenses granted above, GitHub may include Developer Brand Features in any material marketing Marketplace. If Developer stops distributing a Developer Product on Marketplace, GitHub will stop use of the discontinued products’ Brand Features. -**2.4** Developer must include a separate end user license agreement (“EULA”) in its Developer Products that will govern the End User’s rights to the Developer Products. Developer acknowledges and agrees that the applicable EULA for each Developer Product is solely between Developer and the End User. GitHub shall not be responsible, nor have any liability whatsoever, under any EULA. +**2.4** Developer must include a separate end user license agreement (“EULA”) in its Developer Products that will govern the End User’s rights to the Developer Products. Developer acknowledges and agrees that the applicable EULA for each Developer Product is solely between Developer and the End User. GitHub shall not be responsible, nor have any liability whatsoever, under any EULA. -**2.5** Except for the license rights granted in this Agreement, (a) Developer retains all rights in the Developer Products; (b) each party retains all rights it has independent of this Agreement, including rights under the US Copyright Act or similar laws of other jurisdictions; and (c) each party owns all rights, title and interest in its respective Brand Features. Each party is responsible for protecting and enforcing its own rights and neither party has an obligation to do so on the other’s behalf. +**2.5** Except for the license rights granted in this Agreement, (a) Developer retains all rights in the Developer Products; (b) each party retains all rights it has independent of this Agreement, including rights under the US Copyright Act or similar laws of other jurisdictions; and (c) each party owns all rights, title and interest in its respective Brand Features. Each party is responsible for protecting and enforcing its own rights and neither party has an obligation to do so on the other’s behalf. **2.6** GitHub shall be entitled to provide Developer’s name, address and other contact details to any third party as required by law or that reasonably, in GitHub’s sole determination, claims that Developer does not possess all of the necessary intellectual property rights in or to the Developer Products. @@ -59,7 +59,7 @@ Capitalized terms utilized in this Agreement and not defined shall otherwise hav Notwithstanding any of the requirements set forth in Section 2 (Purpose and License Grant) above, Developer's use of Marketplace is explicitly conditioned on Developer’s adherence to this Agreement, including the restrictions and compliance requirements set forth below. -**3.1** Developer agrees it will protect the privacy and legal rights of all End Users with respect to the use of Developer Products. If an End User provides Developer with, or the Developer Product otherwise collects, discloses, accesses or uses, End User Personal Data, then the Developer must (a) inform End Users that such information will be available to the Developer Products; (b) provide a legally adequate privacy notice and protection to End Users; (c) obtain valid End User consent as required, and (d) comply with all other data privacy obligations applicable to Developer. +**3.1** Developer agrees it will protect the privacy and legal rights of all End Users with respect to the use of Developer Products. If an End User provides Developer with, or the Developer Product otherwise collects, discloses, accesses or uses, End User Personal Data, then the Developer must (a) inform End Users that such information will be available to the Developer Products; (b) provide a legally adequate privacy notice and protection to End Users; (c) obtain valid End User consent as required, and (d) comply with all other data privacy obligations applicable to Developer. **3.2** In order to use and access a GitHub API, Developer must obtain a Token by becoming a subscriber. Developer may not share its Token with any third party, shall keep its Token and all login information secure, and shall use the Token as Developer’s sole means of accessing a GitHub API. @@ -76,7 +76,7 @@ Notwithstanding any of the requirements set forth in Section 2 (Purpose and Lice * 3\. Have a mechanism for End Users to report feedback to GitHub and Developer related to errors, bugs, improper, or undesired outputs; and * 4\. Inform End Users the appropriate use cases, best practices, and limitations of the Developer Product. -**3.5** Developer shall not by any means repackage or resell Marketplace, a GitHub API, Personal Data, or Usage Data. Developer is not permitted to use a GitHub API or any Personal Data or Usage Data in any manner that does or could undermine the security of the Service, a GitHub API, Usage Data or any other data or information stored or transmitted using Marketplace. In addition, Developer shall not (a) interfere with, modify or disable any features, functionality or security controls of Marketplace or a GitHub API; (b) circumvent in any fashion any protection mechanisms for Marketplace or a GitHub API; or (c) reverse engineer, decompile, disassemble or derive the source code, underlying ideas, algorithms, structure or organizational form from Marketplace or a GitHub API. +**3.5** Developer shall not by any means repackage or resell Marketplace, a GitHub API, Personal Data, or Usage Data. Developer is not permitted to use a GitHub API or any Personal Data or Usage Data in any manner that does or could undermine the security of the Service, a GitHub API, Usage Data or any other data or information stored or transmitted using Marketplace. In addition, Developer shall not (a) interfere with, modify or disable any features, functionality or security controls of Marketplace or a GitHub API; (b) circumvent in any fashion any protection mechanisms for Marketplace or a GitHub API; or (c) reverse engineer, decompile, disassemble or derive the source code, underlying ideas, algorithms, structure or organizational form from Marketplace or a GitHub API. **3.6** Developer acknowledges that Developer is solely responsible, and that GitHub has no responsibility or liability of any kind, for any aspect of Developer Products. Developer will be solely responsible for: * (i) providing End Users instructions on installing and using its Developer Products; @@ -105,7 +105,7 @@ If GitHub is notified by you or otherwise becomes aware and determines, in its s GitHub may: suspend the transfer of Personal Data to your Developer Product; prohibit the collection and processing of Personal Data via your Developer Product; remove the Listing from Marketplace; flag, filter, or modify related materials (including but not limited to descriptions, screenshots, or metadata); or reclassify the Listing at its sole discretion. If GitHub takes any of these actions on your Listing, you may appeal GitHub's action through the [GitHub Appeal and Reinstatement Process](https://docs.github.com/en/site-policy/acceptable-use-policies/github-appeal-and-reinstatement) -**4.3** Developer Product Updates. From time to time, GitHub may check for available updates to any Listing, including but not limited to bug fixes or enhanced functionality. If you update your Listing to Marketplace, you agree that such update will be automatically requested, downloaded, and installed without further notice to you. GitHub makes no guarantees regarding the timing of such updates. Updates to a Listing are subject to the same terms and conditions as the Listing. +**4.3** Developer Product Updates. From time to time, GitHub may check for available updates to any Listing, including but not limited to bug fixes or enhanced functionality. If you update your Listing to Marketplace, you agree that such update will be automatically requested, downloaded, and installed without further notice to you. GitHub makes no guarantees regarding the timing of such updates. Updates to a Listing are subject to the same terms and conditions as the Listing. **4.4** End-User Takedowns. If an End-User uses your Developer Product in a way that violates the Terms, then we have the right to suspend or terminate that End-User's access to the Developer Product without any liability to you. @@ -131,7 +131,7 @@ Developer shall maintain and handle all Personal Data in accordance with privacy **6.1** GitHub will be the merchant of record for Developer Products purchased by End Users via Marketplace. **6.2** Registration. Developer will be required to provide information about yourself (such as identification or contact details) as part of the registration process for Marketplace, or as part of your continued use of Marketplace including, but not limited to: (i) name, (ii) address, (iii) telephone number, (iv) e-mail address, and (v) payment account details. GitHub may publicize Developer’s information on Marketplace and retain Developer’s registration information as required by applicable law. -**6.3** Pricing. Prices for Listings of Developer Applications will be set in US Dollars (USD). Developer has complete control over setting pricing for each Listing. The prices you set for Developer Products will determine the amount of payment you will receive. GitHub will remit 95% of the sale price in USD without reduction for Taxes except for any withholding taxes that are required under applicable law. The remaining 5% of the sales price will be allotted to and retained by GitHub. At the end of each month and upon reaching a minimum value of $500 USD, GitHub will remit your share of payments. +**6.3** Pricing. Prices for Listings of Developer Applications will be set in US Dollars (USD). Developer has complete control over setting pricing for each Listing. The prices you set for Developer Products will determine the amount of payment you will receive. GitHub will remit 95% of the sale price in USD without reduction for Taxes except for any withholding taxes that are required under applicable law. The remaining 5% of the sales price will be allotted to and retained by GitHub. At the end of each month and upon reaching a minimum value of $500 USD, GitHub will remit your share of payments. **6.3** Refunds. You will be responsible for specifying the terms and conditions regarding refunds to your End Users. In no event shall GitHub be responsible for providing any support for refunds, nor shall GitHub be liable for payment of any refund. @@ -165,7 +165,7 @@ Developer acknowledges and agrees that GitHub may modify this Agreement, Marketp ## 12. ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS -**12.1** Developer may not, directly or indirectly, by operation of law or otherwise, assign all or any part of this Agreement or Developer’s rights under this Agreement or delegate performance of Developer’s duties under this Agreement without GitHub’s prior written consent. The rights granted in this Agreement may be assigned or transferred by GitHub without Developer’s prior approval. In addition, GitHub may delegate its responsibilities or obligations under this Agreement without Developer’s consent. +**12.1** Developer may not, directly or indirectly, by operation of law or otherwise, assign all or any part of this Agreement or Developer’s rights under this Agreement or delegate performance of Developer’s duties under this Agreement without GitHub’s prior written consent. The rights granted in this Agreement may be assigned or transferred by GitHub without Developer’s prior approval. In addition, GitHub may delegate its responsibilities or obligations under this Agreement without Developer’s consent. **12.2** This Agreement, together with the ToS, constitute the entire agreement between the parties with respect to the subject matter of this Agreement. GitHub’s failure to enforce at any time any provision of this Agreement does not constitute a waiver of that provision or of any other provision of this Agreement. @@ -175,7 +175,7 @@ If any part of this Agreement is held to be unenforceable, the rest of the Agree ## 14. RELATIONSHIP OF THE PARTIES -The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties. Developer agrees that each member of the group of companies to which GitHub belongs shall be a third party beneficiary to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit or grants a right in favor or GitHub. No other person, company or legal entity shall be a third party beneficiary to the Agreement. +The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties. Developer agrees that each member of the group of companies to which GitHub belongs shall be a third party beneficiary to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit or grants a right in favor or GitHub. No other person, company or legal entity shall be a third party beneficiary to the Agreement. ## 15. NOTICE @@ -189,9 +189,9 @@ This Agreement will be governed by and construed in accordance with the laws of Developer Products distributed via Marketplace may be subject to export controls or restrictions by the United States or other countries or territories. Developer agrees to comply with all applicable US and international export laws and regulations. These laws may include restrictions on destinations, content and/or End Users. -## 18. USAGE DATA +## 18. USAGE DATA -In order to operate and improve Marketplace, GitHub may collect Usage Data from Marketplace or a GitHub API or anywhere previously purchased or downloaded Developer Products are stored on behalf of End Users by GitHub. The Usage Data will be maintained in accordance with GitHub’s then in effect Privacy Statement. Limited Usage Data may be available for use by Developer in GitHub’s sole discretion. +In order to operate and improve Marketplace, GitHub may collect Usage Data from Marketplace or a GitHub API or anywhere previously purchased or downloaded Developer Products are stored on behalf of End Users by GitHub. The Usage Data will be maintained in accordance with GitHub’s then in effect Privacy Statement. Limited Usage Data may be available for use by Developer in GitHub’s sole discretion. ## 19. PRE-RELEASE ACCESS @@ -210,7 +210,7 @@ GitHub maintains Personal Data from individuals all over the world, some of whom * The EU General Data Protection Regulation 2016/679 (“GDPR”), along with any implementing or corresponding equivalent national laws or regulations; * The California Consumer Privacy Act of 2018, Cal. Civ. Code §§1798.100 et seq. ("CCPA"); and * The UK Data Protection Act 2018 and implementation of GDPR contained therein. -* (b) “Personal Data” means any information which relates to an individual GitHub End User, customer or employee which could, alone or together with other information, identify them, whether supplied by GitHub for processing by the Developer or whether generated by the Developer in the course of performing its obligations under this Agreement. +* (b) “Personal Data” means any information which relates to an individual GitHub End User, customer or employee which could, alone or together with other information, identify them, whether supplied by GitHub for processing by the Developer or whether generated by the Developer in the course of performing its obligations under this Agreement. * (c) “Processing” means any operation or set of operations performed on Personal Data, whether by manual or automatic means, including collection, recording, organization, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, blocking, erasure, or destruction. **A1-3. Compliance with Data Transfer Laws** diff --git a/Policies/github-terms/github-marketplace-terms-of-service.md b/Policies/github-terms/github-marketplace-terms-of-service.md index 2a2675cb..8562c7b5 100644 --- a/Policies/github-terms/github-marketplace-terms-of-service.md +++ b/Policies/github-terms/github-marketplace-terms-of-service.md @@ -78,7 +78,7 @@ You agree to indemnify us, defend us, and hold us harmless from and against any 1. **Governing Law.** You agree that these Marketplace Terms and your use of the Developer Products are governed under California law and any dispute related to the Developer Products must be brought in a tribunal of competent jurisdiction located in or near San Francisco, California. -1. **Non-Assignability.** GitHub may assign or delegate these Marketplace Terms and/or the [GitHub's Privacy Statement](/site-policy/privacy-policies/github-privacy-statement), in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Marketplace Terms or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void. +1. **Non-Assignability.** GitHub may assign or delegate these Marketplace Terms and/or the [GitHub's Privacy Statement](/site-policy/privacy-policies/github-privacy-statement), in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Marketplace Terms or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void. 1. **Severability, No Waiver, and Survival.** If any part of these Marketplace Terms are held invalid or unenforceable, that portion of the Marketplace Terms will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. The failure of GitHub to exercise or enforce any right or provision of these Marketplace Terms shall not constitute a waiver of such right or provision. Our rights under these Marketplace Terms will survive any termination of these Marketplace Terms. diff --git a/Policies/github-terms/github-open-source-applications-terms-and-conditions.md b/Policies/github-terms/github-open-source-applications-terms-and-conditions.md index 5451c49e..fa7d2b8e 100644 --- a/Policies/github-terms/github-open-source-applications-terms-and-conditions.md +++ b/Policies/github-terms/github-open-source-applications-terms-and-conditions.md @@ -58,7 +58,7 @@ GitHub reserves the right at any time and from time to time to modify or discont 1. Governing Law. You agree that these Application Terms and your use of the Software are governed under California law and any dispute related to the Software must be brought in a tribunal of competent jurisdiction located in or near San Francisco, California. -1. Third-Party Packages. The Software supports third-party "Packages" which may modify, add, remove, or alter the functionality of the Software. These Packages are not covered by these Application Terms and may include their own license which governs your use of that particular package. +1. Third-Party Packages. The Software supports third-party "Packages" which may modify, add, remove, or alter the functionality of the Software. These Packages are not covered by these Application Terms and may include their own license which governs your use of that particular package. 1. No Modifications; Complete Agreement. These Application Terms may only be modified by a written amendment signed by an authorized representative of GitHub, or by the posting by GitHub of a revised version. These Application Terms, together with any applicable Open Source Licenses and Notices and GitHub's Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. These Application Terms supersede any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms. diff --git a/Policies/github-terms/github-registered-developer-agreement.md b/Policies/github-terms/github-registered-developer-agreement.md index 5acd1dbd..82c10c29 100644 --- a/Policies/github-terms/github-registered-developer-agreement.md +++ b/Policies/github-terms/github-registered-developer-agreement.md @@ -9,23 +9,23 @@ topics: - Policy - Legal --- -GitHub is fortunate to have many developers integrating with our platform. We think that’s awesome, and we want to make that experience even better. GitHub’s Developer Program (the “Program”) helps us to connect with you, share information with you, and support your creative efforts better than ever before. The special relationship between GitHub and the developer community that the Program creates requires a special set of terms. Welcome to the Registered Developer Agreement (“Agreement”). +GitHub is fortunate to have many developers integrating with our platform. We think that’s awesome, and we want to make that experience even better. GitHub’s Developer Program (the “Program”) helps us to connect with you, share information with you, and support your creative efforts better than ever before. The special relationship between GitHub and the developer community that the Program creates requires a special set of terms. Welcome to the Registered Developer Agreement (“Agreement”). -This Agreement is a legal agreement between you (“you”) and GitHub, Inc. (“GitHub”, “we”, or “us”). Be sure to read this Agreement carefully - it governs your participation in the Program, and we’re only willing to let you participate in the Program if you accept all the terms of this Agreement. By clicking “I Agree” below, or by participating in the Program in any way – for example, by accessing information about GitHub products or features that aren’t yet available to the general public – you’re agreeing to be bound by all the terms of this Agreement. IF YOU’RE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, IN WHICH CASE "YOU" WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON’T HAVE SUCH AUTHORITY, OR IF YOU DON’T AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT THE "CANCEL" BUTTON AND YOU MAY NOT PARTICIPATE IN THE PROGRAM. IF YOU’RE A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT THE PERSON CLICKING “I AGREE” HAS THE AUTHORITY TO BIND YOU TO THIS AGREEMENT. +This Agreement is a legal agreement between you (“you”) and GitHub, Inc. (“GitHub”, “we”, or “us”). Be sure to read this Agreement carefully - it governs your participation in the Program, and we’re only willing to let you participate in the Program if you accept all the terms of this Agreement. By clicking “I Agree” below, or by participating in the Program in any way – for example, by accessing information about GitHub products or features that aren’t yet available to the general public – you’re agreeing to be bound by all the terms of this Agreement. IF YOU’RE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, IN WHICH CASE "YOU" WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON’T HAVE SUCH AUTHORITY, OR IF YOU DON’T AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT THE "CANCEL" BUTTON AND YOU MAY NOT PARTICIPATE IN THE PROGRAM. IF YOU’RE A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT THE PERSON CLICKING “I AGREE” HAS THE AUTHORITY TO BIND YOU TO THIS AGREEMENT. 1. **GitHub.com’s Terms of Use Will Apply** - You need to have an account on GitHub.com in order to participate in the Program. By clicking “I Agree” at the bottom of this Agreement, you are also agreeing to be bound by the GitHub.com [Terms of Service](/site-policy/github-terms/github-terms-of-service) (the “TOS”). In the event of a direct conflict between this Agreement and the TOS, this Agreement will control; otherwise, both agreements will apply to you concurrently. + You need to have an account on GitHub.com in order to participate in the Program. By clicking “I Agree” at the bottom of this Agreement, you are also agreeing to be bound by the GitHub.com [Terms of Service](/site-policy/github-terms/github-terms-of-service) (the “TOS”). In the event of a direct conflict between this Agreement and the TOS, this Agreement will control; otherwise, both agreements will apply to you concurrently. 1. **Program Terms** - We post the [Program’s benefits and guidelines](/get-started/exploring-integrations/github-developer-program) (the “Program Overview”). As you might expect, the Program Overview will change from time to time. These changes will apply to you as a participant in the Program, so we encourage you to periodically review the Program Overview to keep apprised of any changes. For a variety of reasons, we might need to change, suspend, or discontinue the Program, or some of the benefits we offer. You agree that we can do those things without liability to you, except as specified in Section 9. + We post the [Program’s benefits and guidelines](/get-started/exploring-integrations/github-developer-program) (the “Program Overview”). As you might expect, the Program Overview will change from time to time. These changes will apply to you as a participant in the Program, so we encourage you to periodically review the Program Overview to keep apprised of any changes. For a variety of reasons, we might need to change, suspend, or discontinue the Program, or some of the benefits we offer. You agree that we can do those things without liability to you, except as specified in Section 9. 1. **API License** So long as you remain compliant with the TOS, this Agreement, and the Program Terms, we grant You a limited, worldwide, non-exclusive, non-transferable license during the term of this Agreement to access and use our API (as defined in the [TOS](/site-policy/github-terms/github-terms-of-service)) solely for the purpose of developing, demonstrating, testing and supporting interoperability and integrations between your products and services and our products and services. - You promise not to do bad things with our API. Among other things, this means you won’t – and won’t allow or permit others to – modify, publish, sell, lease, license, distribute, or sublicense our API; decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from our API; reproduce, modify or create derivative works from our API; use our API to provide service bureau, application hosting, or processing services to third parties; incorporate or otherwise combine or integrate our API with any of your products or services; or use our API to engage in, support, or enable any kind of illegal activity. + You promise not to do bad things with our API. Among other things, this means you won’t – and won’t allow or permit others to – modify, publish, sell, lease, license, distribute, or sublicense our API; decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from our API; reproduce, modify or create derivative works from our API; use our API to provide service bureau, application hosting, or processing services to third parties; incorporate or otherwise combine or integrate our API with any of your products or services; or use our API to engage in, support, or enable any kind of illegal activity. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part of it) with or without notice. It’s your sole responsibility to ensure that your use of the API is compatible with the then-current API. Other than the rights we expressly give you in this Agreement or the TOS, We don’t grant you any rights or licenses to our API, or to any other GitHub products or services. @@ -35,7 +35,7 @@ This Agreement is a legal agreement between you (“you”) and GitHub, Inc. ( 1. **Your Products, Services, and Integrations** - Your products, services, and integrations (collectively, your “Products”) are your responsibility. That means that you’re solely responsible for developing, operating, and maintaining all aspects of your Products; ensuring that all materials used with or in your Products are legal in all the jurisdictions where your Products are used, and don’t promote illegal activities; obtaining any rights or licenses necessary to use and/or distribute any third-party software that you use, include, integrate, or distribute with your Products; and providing your end user customers with the same high-quality technical support for your Products when they operate in conjunction with our API or any other of our products and services as you do when they operate on their own. + Your products, services, and integrations (collectively, your “Products”) are your responsibility. That means that you’re solely responsible for developing, operating, and maintaining all aspects of your Products; ensuring that all materials used with or in your Products are legal in all the jurisdictions where your Products are used, and don’t promote illegal activities; obtaining any rights or licenses necessary to use and/or distribute any third-party software that you use, include, integrate, or distribute with your Products; and providing your end user customers with the same high-quality technical support for your Products when they operate in conjunction with our API or any other of our products and services as you do when they operate on their own. 1. **Marketing and Publicity** @@ -59,7 +59,7 @@ This Agreement is a legal agreement between you (“you”) and GitHub, Inc. ( The obligations in this Section 7 won’t apply to information that you can prove: (i) was generally available to the public before we disclosed it to you; (ii) became generally available to the public after we disclosed it to you, through no action or inaction on your part, or on the part of your employees or contractors; (iii) you knew about before we disclosed it to you; (iv) was disclosed to you by a third-party, who didn’t have any confidentiality obligations with respect to it; (v) you independently developed without breach of any confidentiality obligation to us or any third-party; or (vi) we gave you permission to disclose, in a writing signed by one of our authorized representatives. - If We give you any pre-release software or related documentation or materials, which may include videos or other forms of content (“Pre-release Materials”), then subject to your compliance with the terms and conditions of this Agreement and the TOS, we hereby grant you a nonexclusive, nontransferable, revocable right and license to use the Pre-release Materials solely to support your testing and/or development of products or services that are designed to operate in combination with the systems or programs for which the Pre-release Materials are designed. If the Pre-release Materials are accompanied by a separate license agreement, you agree that the separate license agreement (in addition to any more restrictive provisions contained in this Agreement or the TOS) will apply. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce the Pre-release Materials to a human-perceivable form, and you promise not to modify, network, rent, lease, transmit, sell, or loan the Pre-release Materials, in whole or in part. You understand that we’re under no obligation to provide any Pre-release Materials to you, to provide you with updates, enhancements, or corrections to the Pre-release Materials, or to notify you of changes that we make to our products and services, now or in the future. + If We give you any pre-release software or related documentation or materials, which may include videos or other forms of content (“Pre-release Materials”), then subject to your compliance with the terms and conditions of this Agreement and the TOS, we hereby grant you a nonexclusive, nontransferable, revocable right and license to use the Pre-release Materials solely to support your testing and/or development of products or services that are designed to operate in combination with the systems or programs for which the Pre-release Materials are designed. If the Pre-release Materials are accompanied by a separate license agreement, you agree that the separate license agreement (in addition to any more restrictive provisions contained in this Agreement or the TOS) will apply. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce the Pre-release Materials to a human-perceivable form, and you promise not to modify, network, rent, lease, transmit, sell, or loan the Pre-release Materials, in whole or in part. You understand that we’re under no obligation to provide any Pre-release Materials to you, to provide you with updates, enhancements, or corrections to the Pre-release Materials, or to notify you of changes that we make to our products and services, now or in the future. 1. **Fees and Payment** @@ -71,7 +71,7 @@ This Agreement is a legal agreement between you (“you”) and GitHub, Inc. ( Either you or GitHub may terminate this Agreement for any reason, without cause, upon thirty (30) days prior written notice to the other. If we terminate this Agreement or discontinue your access to the Program for any reason other than your breach of this Agreement, the Program Terms, or the TOS, we will, as your sole remedy and our sole obligation for such termination, refund you the pro rata portion of the Program Fees you paid us for the current term of this Agreement. This Agreement will terminate immediately, without the requirement of notice, if you breach any term of this Agreement, the Program Terms, or the TOS. - The rights and obligations in Sections 1, 2, 3 (second and third paragraphs), 4, 5, 6 (second and last paragraphs), 7, 8, and 10 through 22 of this Agreement will survive the termination or expiration of this Agreement. Upon termination or expiration of this Agreement all of the rights and licenses we granted you in this Agreement will immediately cease to exist, you will return (or, at our request, destroy) all of our Confidential Information and any copies (including electronic copies) which are in your possession or control, and you will certify in writing that you’ve complied with these requirements. + The rights and obligations in Sections 1, 2, 3 (second and third paragraphs), 4, 5, 6 (second and last paragraphs), 7, 8, and 10 through 22 of this Agreement will survive the termination or expiration of this Agreement. Upon termination or expiration of this Agreement all of the rights and licenses we granted you in this Agreement will immediately cease to exist, you will return (or, at our request, destroy) all of our Confidential Information and any copies (including electronic copies) which are in your possession or control, and you will certify in writing that you’ve complied with these requirements. 1. **Warranties and Disclaimers** @@ -97,7 +97,7 @@ This Agreement is a legal agreement between you (“you”) and GitHub, Inc. ( 1. **Government Users** - If you are a Government entity, this Section applies to you. Certain of our Confidential Information may be considered “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. GitHub, Inc. 88 Colin P. Kelly Street, San Francisco, CA 94107. + If you are a Government entity, this Section applies to you. Certain of our Confidential Information may be considered “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. GitHub, Inc. 88 Colin P. Kelly Street, San Francisco, CA 94107. 1. **Independent Development** @@ -125,4 +125,4 @@ This Agreement is a legal agreement between you (“you”) and GitHub, Inc. ( 1. **Entire Agreement** - This Agreement, the TOS, and the Program Terms contain the entire agreement of the parties with respect to its subject matter and supersede all prior communications, representations, understandings and agreements, whether written or oral. The terms or conditions of any of your purchase orders, acknowledgements, or other documents that you send us in connection with this Agreement will be null and void, and of no effect. + This Agreement, the TOS, and the Program Terms contain the entire agreement of the parties with respect to its subject matter and supersede all prior communications, representations, understandings and agreements, whether written or oral. The terms or conditions of any of your purchase orders, acknowledgements, or other documents that you send us in connection with this Agreement will be null and void, and of no effect. diff --git a/Policies/github-terms/github-research-program-terms.md b/Policies/github-terms/github-research-program-terms.md index bc7a8362..aaed1163 100644 --- a/Policies/github-terms/github-research-program-terms.md +++ b/Policies/github-terms/github-research-program-terms.md @@ -30,7 +30,7 @@ The obligations in this Section 2 won’t apply to information that you can prov ## C. Reservation of Rights -All Confidential Information remains the sole and exclusive property of GitHub. Neither party acquires any intellectual property rights under this Agreement, unless expressly specified herein. +All Confidential Information remains the sole and exclusive property of GitHub. Neither party acquires any intellectual property rights under this Agreement, unless expressly specified herein. ## D. Privacy diff --git a/Policies/github-terms/github-sponsors-additional-terms.md b/Policies/github-terms/github-sponsors-additional-terms.md index 64e2adf1..3bfcd74e 100644 --- a/Policies/github-terms/github-sponsors-additional-terms.md +++ b/Policies/github-terms/github-sponsors-additional-terms.md @@ -286,7 +286,7 @@ The terms and conditions of this Agreement are the Confidential Information of b ## B. Publicity. -GitHub may issue press releases, blog posts, social media posts, and/or other public communication related to Sponsor’s (with Sponsor’s permission) or Sponsored Developer’s participation in the Program. Other than as necessary for such use, GitHub shall acquire no rights to use or refer to, or interest in, such Sponsor’s logo, name or names under this Agreement. +GitHub may issue press releases, blog posts, social media posts, and/or other public communication related to Sponsor’s (with Sponsor’s permission) or Sponsored Developer’s participation in the Program. Other than as necessary for such use, GitHub shall acquire no rights to use or refer to, or interest in, such Sponsor’s logo, name or names under this Agreement. ## C. Notices. diff --git a/Policies/github-terms/github-terms-for-additional-products-and-features.md b/Policies/github-terms/github-terms-for-additional-products-and-features.md index 1c439bf7..b81adc21 100644 --- a/Policies/github-terms/github-terms-for-additional-products-and-features.md +++ b/Policies/github-terms/github-terms-for-additional-products-and-features.md @@ -14,7 +14,7 @@ topics: - Legal --- -Version Effective Date: August 1, 2024 +Version Effective Date: September 9, 2024 When you use GitHub, you may be given access to lots of additional products and features ("Additional Products and Features"). Because many of the Additional Products and Features offer different functionality, your Agreement with us (the "Agreement") includes the specific terms for that product or feature combined with your main agreement — the GitHub Terms of Service or GitHub Customer Agreement, or the GitHub Corporate Terms of Service or other legacy GitHub contract, or a Microsoft volume licensing agreement. Below, we've listed those products and features, along with the corresponding additional terms that apply to your use of them. @@ -101,9 +101,12 @@ With GitHub Connect, you can share certain features and data between your GitHub ## GitHub Copilot -For GitHub Copilot Business and Copilot Enterprise users, your use of GitHub Copilot is governed by the [GitHub Copilot Product Specific Terms](https://github.com/customer-terms/github-copilot-product-specific-terms). +For GitHub Copilot Business and Copilot Enterprise license holders, your use of GitHub Copilot is governed by the [GitHub Copilot Product Specific Terms](https://github.com/customer-terms/github-copilot-product-specific-terms). -To use GitHub Copilot in your code editor, you need to install the GitHub Copilot extension to that editor. To use GitHub Copilot in the CLI (Command Line Interface), you need to install the GitHub Copilot CLI extension. To use GitHub Copilot Chat on GitHub Mobile, you need to install the GitHub Mobile application. The code you write using GitHub Copilot (“**Your Code**”) is not “Content” under the Agreement until you upload it to GitHub.com. +For GitHub Copilot Individual license holders, your use of GitHub Copilot is governed by the following terms: +To use GitHub Copilot in your code editor, you need to install the GitHub Copilot extension to that editor. To use GitHub Copilot in the CLI (Command Line Interface), you need to install the GitHub Copilot CLI extension. To use GitHub Copilot Chat on GitHub Mobile, you need to install the GitHub Mobile application. To use GitHub Copilot on the website, you must access the website. The code you write using GitHub Copilot (“**Your Code**”) is not “Content” under the Agreement until you upload it to GitHub.com{% ifversion ghec %} or GHE.com{% endif %}. + +If you customize GitHub Copilot by using a GitHub Copilot Extension (Extension), your use may be subject to the Extension's terms of use and privacy policy. The code, functions, and other output returned to you by GitHub Copilot are called “**Suggestions**.” GitHub does not own Suggestions. You retain ownership of Your Code and you retain responsibility for Suggestions you include in Your Code. diff --git a/Policies/github-terms/github-terms-of-service.md b/Policies/github-terms/github-terms-of-service.md index 9d9572cc..fe3cf4d1 100644 --- a/Policies/github-terms/github-terms-of-service.md +++ b/Policies/github-terms/github-terms-of-service.md @@ -79,7 +79,7 @@ We have a few simple rules for Personal Accounts on GitHub's Service. * One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine). * You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. GitHub does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will [terminate that User’s Account immediately](#l-cancellation-and-termination). If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. * Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many Personal Accounts as your subscription allows. -* You may not use GitHub in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use GitHub if you are or are working on behalf of a [Specially Designated National (SDN)](https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. GitHub may allow persons in certain sanctioned countries or territories to access certain GitHub services pursuant to U.S. government authorizations. For more information, please see our [Export Controls policy](/site-policy/other-site-policies/github-and-trade-controls). +* You may not use GitHub in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use GitHub if you are or are working on behalf of a [Specially Designated National (SDN)](https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. GitHub may allow persons in certain sanctioned countries or territories to access certain GitHub services pursuant to U.S. government authorizations. For more information, please see our [Export Controls policy](/site-policy/other-site-policies/github-and-trade-controls). ### 4. Account Security @@ -260,7 +260,7 @@ By agreeing to these Terms, you are giving us permission to charge your on-file ### 5. Responsibility for Payment -You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay GitHub any charge incurred in connection with your use of the Service. If you dispute the matter, contact us through the [GitHub Support portal](https://support.github.com/). You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information. +You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay GitHub any charge incurred in connection with your use of the Service. If you dispute the matter, contact us through the [GitHub Support portal](https://support.github.com/). You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information. ## L. Cancellation and Termination diff --git a/Policies/other-site-policies/guidelines-for-legal-requests-of-user-data.md b/Policies/other-site-policies/guidelines-for-legal-requests-of-user-data.md index c2488ea5..2513d307 100644 --- a/Policies/other-site-policies/guidelines-for-legal-requests-of-user-data.md +++ b/Policies/other-site-policies/guidelines-for-legal-requests-of-user-data.md @@ -43,29 +43,29 @@ Before asking us to disclose data, it may be useful to understand how our system GitHub hosts millions of data repositories using the [Git version control system](https://git-scm.com/video/what-is-version-control). Repositories on GitHub—which may be public or private—are most commonly used for software development projects, but are also often used to work on content of all kinds. -* [**Users**](/get-started/learning-about-github/github-glossary#user) — +* [**Users**](/get-started/learning-about-github/github-glossary#user): Users are represented in our system as personal GitHub accounts. Each user has a personal profile, and can own multiple repositories. Users can create or be invited to join organizations or to collaborate on another user's repository. -* [**Collaborators**](/get-started/learning-about-github/github-glossary#collaborator) — +* [**Collaborators**](/get-started/learning-about-github/github-glossary#collaborator): A collaborator is a user with read and write access to a repository who has been invited to contribute by the repository owner. -* [**Organizations**](/get-started/learning-about-github/github-glossary#organization) — +* [**Organizations**](/get-started/learning-about-github/github-glossary#organization): Organizations are a group of two or more users that typically mirror real-world organizations, such as businesses or projects. They are administered by users and can contain both repositories and teams of users. -* [**Repositories**](/get-started/learning-about-github/github-glossary#repository) — +* [**Repositories**](/get-started/learning-about-github/github-glossary#repository): A repository is one of the most basic GitHub elements. They may be easiest to imagine as a project's folder. A repository contains all of the project files (including documentation), and stores each file's revision history. Repositories can have multiple collaborators and, at its administrators' discretion, may be publicly viewable or not. -* [**Pages**](/pages/getting-started-with-github-pages/about-github-pages) — +* [**Pages**](/pages/getting-started-with-github-pages/about-github-pages): GitHub Pages are public webpages freely hosted by GitHub that users can easily publish through code stored in their repositories. If a user or organization has a GitHub Page, it can usually be found at a URL such as `https://username.github.io` or they may have the webpage mapped to their own custom domain name. -* [**Gists**](/get-started/writing-on-github/editing-and-sharing-content-with-gists/creating-gists) — +* [**Gists**](/get-started/writing-on-github/editing-and-sharing-content-with-gists/creating-gists): Gists are snippets of source code or other text that users can use to store ideas or share with friends. Like regular GitHub repositories, Gists are created with Git, so they are automatically versioned, forkable and downloadable. Gists can either be public or secret (accessible only through a known URL). Public Gists cannot be converted into secret Gists. @@ -75,7 +75,7 @@ Gists can either be public or secret (accessible only through a known URL). Publ Here is a non-exhaustive list of the kinds of data we maintain about users and projects on GitHub. * -**Public account data** — +**Public account data:** There is a variety of information publicly available on GitHub about users and their repositories. User profiles can be found at a URL such as `https://github.com/username`. User profiles display information about when the user created their account as well their public activity on GitHub.com and social interactions. @@ -96,7 +96,7 @@ All user public profiles display: * Organizations to which the user is a member (_depending on either the organizations' or the users' preferences_) * -**Private account data** — +**Private account data:** GitHub also collects and maintains certain private information about users as outlined in our [Privacy Policy](/site-policy/privacy-policies/github-privacy-statement). This may include: * Private email addresses @@ -107,7 +107,7 @@ This may include: To get a sense of the type of private account information that GitHub collects, you can visit your {% data reusables.user-settings.personal_dashboard %} and browse through the sections in the left-hand menubar. * -**Organization account data** — +**Organization account data:** Information about organizations, their administrative users and repositories is publicly available on GitHub. Organization profiles can be found at a URL such as `https://github.com/organization`. Public organization profiles can also include additional information that the owners have chosen to share publicly. @@ -124,7 +124,7 @@ All organization public profiles display: * Collaborators * -**Public repository data** — +**Public repository data:** GitHub is home to millions of public, open-source software projects. You can browse almost any public repository (for example, the [GitHub Docs](https://github.com/github/docs)) to get a sense for the information that GitHub collects and maintains about repositories. This can include: @@ -139,11 +139,11 @@ This can include: * Statistics and graphs showing contributions to the project and the network of contributors * -**Private repository data** — +**Private repository data:** GitHub collects and maintains the same type of data for private repositories that can be seen for public repositories, except only specifically invited users may access private repository data. * -**Other data** — +**Other data:** Additionally, GitHub collects analytics data such as page visits and information occasionally volunteered by our users (such as communications with our support team, survey information and/or site registrations). ## We will notify any affected account owners @@ -158,11 +158,11 @@ Where GitHub agrees to produce non-public information in response to a lawful re Here are the kinds of information we will agree to produce, depending on the kind of legal process we are served with: * -**With user consent** — +**With user consent:** GitHub will provide private account information, if requested, directly to the user (or an owner, in the case of an organization account), or to a designated third party with the user's written consent once GitHub is satisfied that the user has verified his or her identity. * -**With a subpoena** — +**With a subpoena:** If served with a valid subpoena, civil investigative demand, or similar legal process issued in connection with an official criminal or civil investigation, we can provide certain non-public account information, which may include: * Name(s) associated with the account @@ -177,7 +177,7 @@ In the case of organization accounts, we can provide the name(s) and email addre Please note that the information available will vary from case to case. Some of the information is optional for users to provide. In other cases, we may not have collected or retained the information. * -**With a court order _or_ a search warrant** — We will not disclose account access logs unless compelled to do so by either +**With a court order _or_ a search warrant:** We will not disclose account access logs unless compelled to do so by either (i) a court order issued under 18 U.S.C. Section 2703(d), upon a showing of specific and articulable facts showing that there are reasonable grounds to believe that the information sought is relevant and material to an ongoing criminal investigation; or (ii) a search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures, upon a showing of probable cause. In addition to the non-public account information listed above, we can provide account access logs in response to a court order or search warrant, which may include: @@ -188,7 +188,7 @@ In addition to the non-public account information listed above, we can provide a * Security access logs other than account creation or for a specific time and date * -**Only with a search warrant** — +**Only with a search warrant:** We will not disclose the private contents of any account unless compelled to do so under a search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures upon a showing of probable cause. In addition to the non-public account information and account access logs mentioned above, we will also provide private account contents in response to a search warrant, which may include: @@ -199,7 +199,7 @@ In addition to the non-public account information and account access logs mentio * Any security keys used for authentication or encryption * -**Under exigent circumstances** — +**Under exigent circumstances:** If we receive a request for information under certain exigent circumstances (where we believe the disclosure is necessary to prevent an emergency involving danger of death or serious physical injury to a person), we may disclose limited information that we determine necessary to enable law enforcement to address the emergency. For any information beyond that, we would require a subpoena, search warrant, or court order, as described above. For example, we will not disclose contents of private repositories without a search warrant. Before disclosing information, we confirm that the request came from a law enforcement agency, an authority sent an official notice summarizing the emergency, and how the information requested will assist in addressing the emergency. ## Cost reimbursement diff --git a/Policies/privacy-policies/github-general-privacy-statement.md b/Policies/privacy-policies/github-general-privacy-statement.md index bfe74c14..250550ba 100644 --- a/Policies/privacy-policies/github-general-privacy-statement.md +++ b/Policies/privacy-policies/github-general-privacy-statement.md @@ -147,15 +147,15 @@ GitHub stores and processes Personal Data in a variety of locations, including y ## Data Privacy Framework (DPF) -GitHub also complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. GitHub has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. GitHub has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy statement and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit . +GitHub also complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. GitHub has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. GitHub has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy statement and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit . GitHub has the responsibility for the processing of Personal Data it receives under the Data Privacy Framework (DPF) Principles and subsequently transfers to a third party acting as an agent on GitHub’s behalf. GitHub shall remain liable under the DPF Principles if its agent processes such Personal Data in a manner inconsistent with the DPF Principles, unless the organization proves that it is not responsible for the event giving rise to the damage. ### Dispute resolution process -In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, GitHub commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension, and the Swiss-U.S. DPF should first contact GitHub at: dpo[at]github[dot]com. +In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, GitHub commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension, and the Swiss-U.S. DPF should first contact GitHub at: dpo[at]github[dot]com. -If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit for more information or to file a complaint. The services of the International Centre for Dispute Resolution are provided at no cost to you. +If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit for more information or to file a complaint. The services of the International Centre for Dispute Resolution are provided at no cost to you. An individual has the possibility, under certain conditions, to invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other DPF mechanisms. For additional information visit . @@ -212,11 +212,11 @@ For translations of this statement into other languages, please visit