Developer License Terms

Last Updated Date: September 26, 2016

PLEASE READ THIS DEVELOPER LICENSE TERMS (“AGREEMENT”) CAREFULLY. BY CLICKING A BOX INDICATING ACCEPTANCE, DOWNLOADING OR USING THE LICENSED SOFTWARE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE LICENSED SOFTWARE.

1. Software License

Subject to the terms and conditions of this Agreement, Realm hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, royalty-free license to use the unmodified Licensed Software, without the right to re-distribute to any third party, only for the purposes of integrating Licensed Software as backend for mobile application and deploying commercial production versions of such integrated applications. The “Licensed Software” shall mean a specific component of Realm’s server-side product (the “Realm Object Server”); specifically, it shall mean the Realm Object Server, in binary form. The Licensed Software does not include other Realm software products or other components of the Realm Mobile Platform, some of which Realm may make available under open source software licenses such as the Apache License, version 2.0, and the Realm Binary License. A list of some of Realm’s software products, and some of the other components of the Realm Mobile Database, and the licenses under which Realm makes them available, is available at:

2. Restrictions

All rights in the Licensed Software not expressly granted under this Agreement are reserved to Realm or its licensors. Without limiting the foregoing (except to the extent such restriction is expressly prohibited by applicable law), Customer shall not, and shall not permit others under its control to: (1) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract the source code of the Licensed Software or any component thereof; (2) assign, sublicense, transfer, lease, rent or otherwise distribute or make available the Licensed Software to any third party; or (3) use the Licensed Software to create, deliver training on, improve (directly or indirectly) or offer a substantially similar product or service, or use the Licensed Software for commercial time-sharing or service bureau use.

3. Ownership

The Licensed Software is licensed, not sold. Realm retains title, ownership, and all associated intellectual property rights in, of, and to Licensed Software, including but not limited to all copyright, patent, and trade secret rights, and any changes, modifications or corrections thereof. You hereby irrevocably assign to Realm any and all rights you may be deemed to have in any changes, modifications or corrections to the Licensed Software, including but not limited to copyright rights, and agree to execute all documents necessary to implement and effect such assignment.

You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Licensed Software as delivered to you. If the Licensed Software is being used by or on behalf of the U.S. Government, then the U.S. Government’s rights in them will be only those specified in this Agreement, consistent with FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable.

4. Term

This Agreement is effective until terminated. Realm reserves the right, in its sole discretion, to terminate this Agreement upon 30-days’ written notice. You may terminate this Agreement at any time by destroying all copies of Licensed Software. This Agreement will terminate immediately without notice from Realm if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Licensed Software become, or in either party’s opinion be likely to become, the subject of a claim of infringement of any third party intellectual property right. Notwithstanding anything to the contrary in this Agreement, any termination of this Agreement shall not relieve either party hereto of any of its obligations or liabilities accrued hereunder prior to such termination. Upon termination, you must destroy all copies of Licensed Software.

5. Feedback

If you provide any suggestions, feedback, or improvements to the Licensed Software, Realm will have the right to use and have others use such suggestions, feedback, and improvements for any purpose. You hereby irrevocably assign to Realm all rights, title and interest in such suggestions, feedback, or improvements.

6. Email

Realm will require you to input your email address as part of the registration process. Realm will collect your email address and may use it to send you information, including without limitation information about software updates, or about products or services Realm thinks you may be interested in. You can opt out of additional emails by clicking “Unsubscribe” in the body of the email.

7. Usage Reporting

Realm Object Server sends usage statistics back to Realm (the company). All usage statistics are anonymized. Usage data is kept confidential and is never sold to third parties.

8. Disclaimer of Warranty

UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, REALM PROVIDES LICENSED SOFTWARE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, REALM PROVIDES NO OTHER WARRANTIES REGARDING THE LICENSED SOFTWARE, AND TO THE FULLEST EXTENT PERMITTED BY LAW DISCLAIMS ALL OTHER WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES, TERMS AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM REALM OR ELSEWHERE WILL CREATE ANY WARRANTY, TERM OR CONDITION UNLESS EXPRESSLY STATED IN THIS AGREEMENT. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY LICENSED SOFTWARE, OR THAT USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, OR THAT ANY ERRORS OR DEFECTS IN THE LICENSED SOFTWARE WILL BE CORRECTED, OR THAT THE LICENSED SOFTWARE’S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE YOUR RESPONSIBILITY TO: (i) REGULARLY BACK UP DATA MAINTAINED ON ANY HARDWARE USING THE LICENSED SOFTWARE; AND (ii) ADEQUATELY TEST PRIOR TO DEPLOYMENT EACH VERSION OF THE LICENSED SOFTWARE IN A CONFIGURATION WHICH REASONABLY SIMULATES YOUR PLANNED ENVIRONMENT.

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Realm be liable for the cost of procurement of substitute goods or technology, loss of profits, or for any indirect, special, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort, strict liability or otherwise, even if advised of the possibility of such damages. To the fullest extent permitted by applicable law, in no event shall the total liability of Realm to you under this Agreement exceed one hundred US dollars ($100.00).

10. Miscellaneous

10.1. Assignment.

You may not assign this Agreement by operation of law or otherwise. Realm may assign this Agreement upon written notice.

10.2. Entire Agreement.

This Agreement constitutes the complete Agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

10.3. Export Controls.

By using the Licensed Software, you agree to comply with all import, export, and re-export restrictions and regulations of the United States and other countries.

10.4. Governing Law.

This Agreement is to be construed in accordance with the laws of the State of California and controlling U.S. federal laws, without regard to the choice of law rules of any jurisdiction.

10.5. Severability and Waiver.

If any provision of this Agreement (or any portion hereof) is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach.

10.6. Third Party Code.

Additional copyright notices and license terms that may be applicable to portions of the Licensed Software are set forth, if any, in a license.txt file.

11. Questions

If you have questions, please contact us using the information at www.realm.io/contact.