ActiveState Platform Terms of Use and Service Agreement

Agreement Version: November 9, 2018

Thank you for using the ActiveState Platform. By using the ActiveState
Platform (as defined below) and any related software, you ("You" and
or "Your") (as defined below) accept and agree to be bound by the
following terms and conditions and any applicable Addendum (as defined
herein) (collectively the "Agreement"). IF YOU ARE ENTERING INTO THIS
AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT
THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND
CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO
SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE
WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT
AND MAY NOT USE THE ACTIVESTATE PLATFORM.

The Agreement is effective between (a) You and (b) ActiveState
Software Inc., a British Columbia Corporation (“ActiveState”). It is
effective as of the date You accept this Agreement.

ActiveState may update or change this Agreement from time to time and
recommends that you review the Agreement on a regular basis as posted
on ActiveState’s website.  You understand and agree that your
continued use of the ActiveState Platform after the Agreement has
changed constitutes your acceptance of the Agreement as revised.

A.  DEFINITIONS

    1.1 The “Agreement” refers, collectively, to all the terms,
        conditions, notices contained or referenced in this document
        (the “Terms of Service” or the "Terms") and all other
        operating rules, policies for the ActiveState Platform.

    1.2 The “Service” refers to the applications, software, products,
        and services provided by ActiveState and the ActiveState
        Platform.

    1.3 The “ActiveState Platform” refers to ActiveState’s ActiveState
        Platform located at www.activestate.com and all content,
        services, Distributions, Komodo, and any and all products
        provided by ActiveState at or through the ActiveState
        Platform. It also refers to ActiveState-owned subdomains of
        activestate.com. Occasionally, websites and or products owned
        by ActiveState may provide different or additional terms of
        service. If those additional terms conflict with this
        Agreement, the more specific terms apply to the relevant page
        or service.

    1.4 “The User,” “You,” and “Your” refer to the individual person,
        company, or organization that has visited or is using the
        ActiveState Platform and or Service; that accesses or uses any
        part of the account; or that directs the use of the account in
        the performance of its functions. A User must be at least 13
        years of age. Special terms may apply for business or
        government accounts See Section B 4.: Additional Terms.

    1.5 “ActiveState,” “We,” and “Us” refer to ActiveState Software,
        Inc., as well as our affiliates, directors, subsidiaries,
        contractors, licensors, officers, agents, and employees.

    1.6 “Content” refers to content featured or displayed through the
        ActiveState Platform, including without limitation text, data,
        articles, images, photographs, graphics, software,
        applications, designs, features, and other materials that are
        available on the ActiveState Platform or otherwise available
        through the Service. "Content" also includes Services.
        “User-Generated Content” is Content, written or otherwise,
        created or uploaded by our Users. "Your Content" is Content
        that you create or own.

    1.7 “Distribution​” means any of ActivePerl, ActivePython,
        ActiveTcl, ActiveGo, ActiveRuby, ActiveNode, ActiveLua and or
        other custom distributions for any programming language that
        the ActiveState Platform builds, maintains, updates, hosts,
        and distributes to Users of the ActiveState Platform
        including, but not limited to, source code, binary
        executables, documentation, images and scripts, which are
        distributed by ActiveState, and derivatives of that collection
        and/or those files.

    1.8 “User Data” means all information and data collected by the
        ActiveState Platform or otherwise transmitted by the
        ActiveState Platform to ActiveState and or by other
        ActiveState products, including any data, metadata, metrics,
        statistics, or other information relating to the performance,
        operations, resource, health, or other conditions of the
        ActiveState Platform and or resulting language distributions
        created by the ActiveState Platform, any component thereof
        (including third party components), and any related
        infrastructure, such as network host names, IP addresses,
        interpreter used, and system architecture, which includes
        filenames, full path, file size, and content hash.

B. ACCOUNT TERMS
  1. REQUIRED INFORMATION
        You must provide a valid email address in order to complete the
        signup process. Any other information requested, such as your real
        name, is optional, unless you are accepting these terms on behalf
        of a legal entity (in which case we may need more information
        about the legal entity) or if you opt for a paid account (See
        Section I), in which case additional information will be necessary
        for billing purposes.

   2. ACCOUNT REQUIREMENTS
        We have a few simple rules for accounts use of the ActiveState
        Platform and or Service.

        2.1 You must be a human to create an account. Accounts registered by
            "bots" or other automated methods are not permitted. We do permit
            machine accounts: A machine account is an account set up by an
            individual human who accepts the Terms on behalf of the account,
            provides a valid email address, and is responsible for its
            actions. A machine account is used exclusively for performing
            automated tasks. Multiple users may direct the actions of a
            machine account, but the owner of the account is ultimately
            responsible for the machine's actions. You may maintain no more
            than one free machine account in addition to your free personal
            account.

        2.2 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).

        2.3 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 and Canadian law. ActiveState 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 as
            per Section J of this Agreement. If you are a resident of a
            country outside the United States or Canada, your country’s
            minimum age may be older; in such a case, you are responsible for
            complying with your country’s laws.

        2.4 Your login may only be used by one person — i.e., a single login
            may not be shared by multiple people. A paid organization account
            may create separate logins for as many users as its subscription
            allows.

        2.5 Overall, the number of Users must not exceed the number of
            accounts you've ordered from us.

   3. USER ACCOUNT SECURITY
        3.1 You are responsible for keeping your account secure while you
            use our Service. We offer tools such as two-factor
            authentication to help you maintain your account's security,
            but the content of your account and its security are up to
            you.

        3.2 You are responsible for all content posted and activity that
            occurs under your account (even when content is posted by
            others who have accounts under your account).

        3.3 You are responsible for maintaining the security of your
            account and password. ActiveState cannot and will not be
            liable for any loss or damage from your failure to comply with
            this security obligation.

        3.4 You will promptly notify ActiveState if you become aware of
            any unauthorized use of, or access to, our Service through
            your account, including any unauthorized use of your password
            or account.

    4. ADDITIONAL TERMS

        If you have signed up for an addendum for are one or more of the
        Business Edition, Enterprise Edition, Enterprise Edition Limited,
        ActiveState Platform Enterprise Tier, ActiveState Platform OEM
        Distribution License, or a custom signed agreement between you and
        ActiveState then such addendum applies to you, and you agree to its
        provisions (the Addendum). Further you agree to the paid plan with
        ActiveState as per the Quote/Invoice (as defined in the appropriate
        addendum).

C. ACCEPTABLE USE
  1. COMPLIANCE WITH LAWS AND REGULATIONS
    1.1 Your use of the ActiveState Platform and Service must not violate
        any applicable laws, including copyright or trademark laws, export
        control laws, or other laws in your jurisdiction. You are
        responsible for making sure that your use of the Service is in
        compliance with laws and any applicable regulations.

    1.2 If You are located outside of the United States, You further agree
        to comply with Your own local laws regarding online conduct and
        acceptable content.

    1.3 Export Compliance. Each party shall comply with the export laws
        and regulations of the United States and other applicable
        jurisdictions in providing and using the ActiveState Platform.
        Diversion contrary to U.S. law is prohibited. Without limiting the
        foregoing, You agree that (1) You are not, and are not acting on
        behalf of North Korea, Sudan or Syria, or any other country to
        which the United States has prohibited export transactions; (2)
        You are not, and are not acting on behalf of, any person or entity
        listed on the U.S. Treasury Department list of Specially
        Designated Nationals and Blocked Persons, or the U.S. Commerce
        Department Denied Persons List or Entity List; and (3) You will
        not use the ActiveState Platform for, and will not permit the
        ActiveState Platform to be used for, any purposes prohibited by
        law, including, without limitation, for any prohibited
        development, design, manufacture or production of missiles or
        nuclear, chemical or biological weapons.

  2. CONTENT RESTRICTIONS
    You agree that you will not under any circumstances upload, post, host, or
    transmit any content that:

        * is unlawful or promotes unlawful activities;
        * is or contains sexually obscene content;
        * is libelous, defamatory, or fraudulent;
        * is discriminatory or abusive toward any individual or group;
        * contains or installs any active malware or exploits, or uses our
          platform for exploit delivery (such as part of a command and
          control system); or
        * infringes on any proprietary right of any party, including patent,
          trademark, trade secret, copyright, right of publicity, or other
          rights.

  3. Conduct Restrictions
    Prohibited Uses of the ActiveState Platform. Please note the following
    prohibitions apply to the ActiveState Platform, as provided to you by
    ActiveState. Nothing in this Section prevents you from creating your own
    service with different terms and conditions. You may not access the
    ActiveState Platform for the purpose of monitoring its availability,
    performance and functionality, or for any other benchmarking or
    competitive purposes. You agree that You are responsible for your own
    conduct and content while using the ActiveState Platform and for any
    consequences thereof. You agree to use the ActiveState Platform only for
    purposes that are legal, proper and in accordance with this Agreement and
    any applicable policies or guidelines. By way of example, and not as a
    limitation, You agree that when using the ActiveState Platform, You will
    not, and will not permit users or other third parties to:

    (i) defame, abuse, harass, stalk, threaten or otherwise violate the
    legal rights (such as rights of privacy and publicity) of others;
    (ii) upload, post, email or transmit or otherwise make available any
    inappropriate, defamatory, infringing, obscene, or unlawful content;
    (iii) upload, post, email or transmit or otherwise make available any
    content that infringes any patent, trademark, copyright, trade secret
    or other proprietary right of any party, unless You (or the user
    posting the content) are the owner of the rights or have the
    permission of the owner to post such content;
    (iv) upload, post, email or transmit or otherwise make available
    messages that promote pyramid schemes, chain letters or disruptive
    commercial messages or advertisements, or anything else prohibited by
    applicable law, this Agreement, or any applicable policies or
    guidelines.
    (v) distribute any file posted by another that You know, or reasonably
    should know, cannot be legally distributed in such manner;
    (vi) impersonate another person or entity, or falsify or delete any
    author attributions, legal or other proper notices or proprietary
    designations or labels of the origin or source of software or other
    material;
    (vii) restrict or inhibit any other user from using and enjoying the
    ActiveState Platform;
    (viii) use the ActiveState Platform for any illegal or unauthorized
    purpose;
    (ix) remove any copyright, trademark or other proprietary rights
    notices contained in or on the ActiveState Platform;
    (x) interfere with or disrupt the ActiveState Platform or servers or
    networks connected to the ActiveState Platform, or disobey any
    requirements, procedures, policies or regulations of networks
    connected to the ActiveState Platform;
    (xi) create User Accounts by automated means or under false or
    fraudulent pretenses;
    (xii) promote or provide instructional information about illegal
    activities or promote physical harm or injury against any group or
    individual; or
    (xiii) transmit any viruses, worms, defects, trojan horses, or any
    items of a destructive nature.

  4. SERVICES USAGE LIMITS
    You agree not to reproduce, duplicate, copy, sell, resell or exploit any
    portion of the Service, use of the Service, or access to the Service
    without ActiveState's express written permission.

  5. PRIVACY
    5.1 Misuse of ActiveState Users' Personal Information is
        prohibited.
    5.2 Any person, entity, or service collecting data from
        ActiveState must comply with the ActiveState Privacy
        Statement, particularly in regards to the collection of our
        users' personal information. If you collect any ActiveState
        user's personal information from ActiveState, you agree that
        you will only use the personal information you gather for the
        purpose for which our User has authorized it. You agree that
        you will reasonably secure any personal information you have
        gathered from ActiveState, and you will respond promptly to
        complaints, removal requests, and "do not contact" requests
        from ActiveState or ActiveState Users.

  6. EXCESSIVE RESOURCE USE
    If we determine your bandwidth, storage, and or compute usage to
    be significantly excessive in relation to other Users, we reserve
    the right to suspend your account or throttle your usage of the
    ActiveState Platform until you can reduce your resource
    consumption.

  7. USER PROTECTION
    You agree not to engage in activity that significantly harms our
    Users. We will resolve disputes in favor of protecting our Users
    as a whole.

D. USER-GENERATED CONTENT
  1. RESPONSIBILITY FOR USER-GENERATED CONTENT
    You may create or upload User-Generated Content while using the
    Service. You are solely responsible for the content of, and for
    any harm resulting from, any User-Generated Content that you post,
    upload, link to or otherwise make available via the Service,
    regardless of the form of that Content. We are not responsible for
    any public display or misuse of your User-Generated Content.

  2. ACTIVESTATE MAY REMOVE CONTENT
    We do not pre-screen User-Generated Content, but we have the right (though
    not the obligation) to refuse or remove any User-Generated Content that,
    in our sole discretion, violates any ActiveState terms or policies.

  3. OWNERSHIP OF CONTENT, RIGHT TO POST, AND LICENSE GRANTS
    You retain ownership of and responsibility for Content you create or own
    ("Your Content"). If you're posting anything you did not create yourself
    or do not own the rights to, you agree that you are responsible for any
    Content you post; that you will only submit Content that you have the
    right to post; and that you will fully comply with any third party
    licenses relating to Content you post. Because you retain ownership of and
    responsibility for Your Content, we need you to grant us — and other
    ActiveState Users — certain legal permissions, listed in Sections D.4 —
    D.8. These license grants apply to Your Content. If you upload Content
    that already comes with a license granting ActiveState the permissions we
    need to run our Service, no additional license is required. You understand
    that you will not receive any payment for any of the rights granted in
    Sections D.4 — D.8. The licenses you grant to us will end when you remove
    Your Content from our servers, unless other Users have forked it. 

  4. USER DATA
    You acknowledge, agree, and expressly consent to ActiveState’s
    collection of Your User Data through the Service. ActiveState does
    not claim ownership of any User Data. You hereby grant to
    ActiveState and its sublicensees a royalty-free, perpetual,
    irrevocable, transferable, worldwide non-exclusive right to
    reproduce, analyse, review, process, diagnose, or otherwise use
    the User Data (in whole or in part) for the purpose of supporting,
    maintaining, and providing the ActiveState Platform, the
    maintenance and support, if any, and any related services provided
    by ActiveState relating to the ActiveState Platform (the “User
    Data License”). ActiveState will not disclose the User Data to any
    third parties and will only use the User Data in accordance with
    the User Data License, except that ActiveState may provide Your
    User Data to third parties providing services relating to the
    ActiveState Platform to ActiveState (which will protect the User
    Data on terms and conditions that are commensurate in scope with
    this Agreement). In addition to the rights granted under the User
    Data License, You acknowledge and agree that ActiveState has the
    right to (i) publicly disclose, in any manner whatsoever, User
    Data that have been anonymized; and (ii) review or analyze the
    User Data and publicly disclose any results of such review or
    analysis, including in the form of reports, blog posts,
    newsletters, marketing materials, or otherwise, provided You will
    not be identified in such publicly disclosed materials.

  5. LICENSE GRANT TO US
    We need the legal right to do things like host Your Content,
    publish it, and share it. You grant us and our legal successors
    the right to store, parse, and display Your Content, and make
    incidental copies as necessary to render the ActiveState Platform
    and provide the Service. This includes the right to do things like
    copy it to our database and make backups; show it to you and other
    users; parse it into a search index or otherwise analyze it on our
    servers; share it with other users; and perform it, in case Your
    Content is something like music or video.

    This license does not grant ActiveState the right to sell Your
    Content or otherwise distribute or use it outside of our provision
    of the Service.

  6. LICENSE GRANT TO OTHER USERS
    Any User-Generated Content you post publicly, including issues,
    comments, and contributions to other Users' projects, may be
    viewed by others. By setting your projects to be viewed publicly,
    you agree to allow others to view and "fork" your projects (this
    means that others may make their own copies of Content from your
    projects in projects they control).

    If you set your projects to be viewed publicly, you grant each
    User of ActiveState a non-exclusive, worldwide license to use,
    display, and perform Your Content through the ActiveState Service
    and to reproduce Your Content solely on ActiveState as permitted
    through ActiveState's functionality (for example, through
    forking). If you are uploading Content you did not create or own,
    you are responsible for ensuring that the Content you upload is
    licensed under terms that grant these permissions to other
    ActiveState Users.

  7. CONTRIBUTIONS UNDER PROJECT LICENSE
    Whenever you make a contribution to a project containing notice of
    a license, you license your contribution under the same terms, and
    you agree that you have the right to license your contribution
    under those terms. If you have a separate agreement to license
    your contributions under different terms, such as a contributor
    license agreement, that agreement will supersede.

  8. MORAL RIGHTS
    8.1 You retain all moral rights to Your Content that you upload,
        publish, or submit to any part of the Service, including the
        rights of integrity and attribution. However, you waive these
        rights and agree not to assert them against us, to enable us
        to reasonably exercise the rights granted in Section D.5, but
        not otherwise.

    8.2 To the extent this agreement is not enforceable by applicable
        law, you grant ActiveState the rights we need to use Your
        Content without attribution and to make reasonable adaptations
        of Your Content as necessary to render the ActiveState
        Platform and provide the Service.

E. PRIVATE PROJECTS
    1.  CONTROL OF PRIVATE PROJECTS.
        Some accounts, such as paid accounts, may have private projects,
        which allow the User to control access to Content.

    2.  CONFIDENTIALITY OF PRIVATE PROJECTS.
        ActiveState considers the contents of private projects to be
        confidential to you. ActiveState will protect the contents of
        private projects from unauthorized use, access, or disclosure in
        the same manner that we would use to protect our own confidential
        information of a similar nature and in no event with less than a
        reasonable degree of care.

    3.  ACCESS.
        ActiveState employees may only access the content of your private
        projects in the following situations:
        3.1 With your consent and knowledge, for support reasons. If
            ActiveState accesses a private repository for support reasons,
            we will only do so with the owner’s consent and knowledge.

        3.2 When access is required for security reasons.

        3.3 You may choose to enable additional access to your private
            projects. For example: You may enable various ActiveState
            services or features that require additional rights to Your
            Content in private projects. These rights may vary depending
            on the service or feature, but ActiveState will continue to
            treat your private project Content as confidential. If those
            services or features require rights in addition to those we
            need to provide the ActiveState Service, we will provide an
            explanation of those rights.

        3.4 You may also grant a third-party application authorization to
            use, access, and disclose the contents of your private
            projects. Your use of third-party applications is at your sole
            risk; ActiveState is not liable for disclosures to third
            parties that you authorize to access a private repository.

    4.  EXCLUSIONS.
        If we have reason to believe the contents of a private project are
        in violation of the law or of these Terms, we have the right to
        access, review, and remove them. Additionally, we may be compelled
        by law to disclose the contents of your private projects.

F. COPYRIGHT INFRINGEMENT AND DMCA POLICY

  If you believe that content on our website violates your copyright,
  please contact us at support@activestate.com. If you are a copyright
  owner and you believe that content on ActiveState violates your
  rights, please contact us. There may be legal consequences for
  sending a false or frivolous takedown notice. Before sending a
  takedown request, you must consider legal uses such as fair use and
  licensed uses. We will terminate the accounts of repeat
  infringers of this policy.

G.  INTELLECTUAL PROPERTY NOTICE
    1.  ACTIVESTATE'S RIGHTS TO CONTENT
        1.1 ActiveState and our licensors, vendors, agents, and/or our
            content providers retain ownership of all intellectual
            property rights of any kind related to the ActiveState
            Platform and Service and the Distributions. We reserve all
            rights that are not expressly granted to you under this
            Agreement or by law. The look and feel of the ActiveState
            Platform, the Service, the Distributions are copyright ©
            ActiveState Software, Inc. All rights reserved. You may not
            duplicate, copy, or reuse any portion of the HTML/CSS,
            Javascript, or visual design elements or concepts without
            express written permission from ActiveState.

        1.2 Reservation of Rights. Subject to the limited rights expressly
            granted hereunder, ActiveState reserves all right, title and
            interest in and to the ActiveState Platform and Distributions,
            including all related intellectual property rights. No rights
            are granted to You hereunder other than as expressly set forth
            herein.

        1.3 Restrictions. You shall not (i) create derivative works based
            on the ActiveState Platform and or the Distributions, (ii)
            copy, frame or mirror any part or content of the ActiveState
            Platform, other than copying or framing on Your own intranets
            or otherwise for Your own internal business purposes, (iii)
            copy, frame or mirror any part or content of the Distributions
            except as specified in applicable license agreement
            attributable to the relevant Distribution, (iv) reverse
            engineer the ActiveState Platform and or any Distributions,
            or (v) access the ActiveState Platform in order to (a) build a
            competitive product, or (b) copy any features, functions or
            graphics of the ActiveState Platform. You will be governed by
            the applicable license agreements included with the
            Distributions.

        1.4 Restrictions. You shall not (i) permit any third party to
            access the ActiveState Platform or (ii) frame or mirror any
            third party content of the ActiveState Platform, other than
            copying or framing on Your own intranets or otherwise for Your
            own internal business purposes.

        1.5 Ownership of User Data. As between ActiveState and You, You
            exclusively own all right, title and interest in and to all of
            Your User Data. You will be solely responsible for the
            accuracy, quality, integrity and legality of Your User Data
            and of the means by which You acquired User Data.

    2. ACTIVESTATE TRADEMARKS AND LOGOS
        2.1 Any trademarks, logos and ActiveState marks displayed on the
            ActiveState sites are the property of their owners, whether
            ActiveState or third parties.

        2.2 If you’d like to use ActiveState’s trademarks, you must follow
            all of our trademark guidelines and seek written permission
            from ActiveState prior to use of any of ActiveState’s
            trademarks.

    3. OPEN SOURCE SOFTWARE. 

        The ActiveState Platform may include or use open source software
        components and or you may utilize additional open source software
        components from the ActiveState Platform, each of which is
        licensed to You under its own applicable license terms and
        conditions, which can be found in the license file or the
        corresponding source files for such software component. You
        acknowledge that Your own distribution or deployment of instances
        containing or linking to the Distribution and or Service including
        the open source components, or any other open source software, may
        trigger open source license requirements for which You are
        responsible. Nothing in this Agreement limits Your rights under or
        grants rights to You that supersede the terms of any applicable
        open source software license for the applicable open source
        components. You are responsible for complying with open source
        license requirements.

    4. LICENSE TO THIS AGREEMENT

        This Agreement is licensed under the Creative Commons Zero
        license.

    5. CONFIDENTIAL INFORMATION

        "Confidential Information" shall mean all trade secrets, know-how,
        inventions, techniques, processes, algorithms, software programs,
        hardware, schematics, planned product features, functionality,
        performance and software source documents relating to ActiveState,
        and other information provided by ActiveState, whether disclosed
        orally, in writing, or by examination or inspection, other than
        information which You can demonstrate (i) was already known to
        You, other than under an obligation of confidentiality, at the
        time of disclosure; (ii) was generally available in the public
        domain at the time of disclosure to You; (iii) became generally
        available in the public domain after disclosure other than through
        any act or omission of You; (iv) was subsequently lawfully
        disclosed to You by a third party without any obligation of
        confidentiality; or (v) was independently developed by You without
        use of or reference to any information or materials disclosed by
        ActiveState or its suppliers. You shall not use any Confidential
        Information for any purpose other than as expressly authorized
        under this Agreement. In no event shall You disclose any
        Confidential Information to any third party. Without limiting the
        foregoing, You shall use at least the same degree of care that You
        use to prevent the disclosure of your own confidential information
        of like importance, but in no event less than reasonable care, to
        prevent the disclosure of such Confidential Information.

H.  API TERMS
    1.  NO ABUSE OR OVERUSE OF THE API
        1.1 Abuse or excessively frequent requests to ActiveState via the
            API may result in the temporary or permanent suspension of
            your account's access to the API. ActiveState, in our sole
            discretion, will determine abuse or excessive usage of the
            API. We will make a reasonable attempt to warn you via email
            prior to suspension.

        1.2 You may not share API tokens to exceed ActiveState's rate
            limitations.

        1.3 You may not use the API to download data or Content from
            ActiveState for spamming purposes, including for the purposes
            of selling ActiveState users' personal information, such as to
            recruiters, headhunters, and job boards.

        1.4 All use of the ActiveState API is subject to these Terms of
            Service.

        1.5 ActiveState may offer subscription-based access to our API for
            those Users who require high-throughput access or access that
            would result in resale of ActiveState's Service.

I.  PAYMENT
    1.  PRICING
        Our pricing and payment terms, subject to features and User
        limits, are available on our website at www.activestate.com. If
        you agree to a subscription price, that will remain your price for
        the duration of the payment term; however, prices are subject to
        change at the end of a payment term.

    2.  UPGRADES, DOWNGRADES, AND CHANGES
        2.1 We will immediately bill you when you upgrade from the free
            plan to any paying plan.
        2.2 ActiveState will always bill you for a full year for use of
            the Service.
        2.3 If you upgrade to a higher level of service, we will bill you
            for the upgraded plan immediately.
        2.4 You may change your level of service at any time by. If you
            choose to downgrade your account, you may lose access to
            Content, features, or capacity of your account at the end of
            the term. Please see our section on Cancellation for
            information on getting a copy of that Content.

    3.  BILLING SCHEDULE; NO REFUNDS
        3.1 For yearly payment plans, the Service is billed in advance on
            a yearly basis respectively and is non-refundable. There will
            be no refunds or credits for partial months of service,
            downgrade refunds, or refunds for months unused with an open
            account; however, the service will remain active for the
            length of the paid billing period.

        3.2 In order to treat everyone equally, no exceptions will be
            made.

    4.  AUTHORIZATION
        By agreeing to these Terms, you are giving us permission to charge
        your on-file credit card, PayPal account, or other approved
        methods of payment for fees that you authorize for ActiveState.

    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
        ActiveState any charge incurred in connection with your use of the
        Service. If you dispute the matter, contact ActiveState Support at
        support@activestate.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.

J.  CANCELLATION AND TERMINATION
    1.  ACCOUNT CANCELLATION
        It is your responsibility to properly cancel your account with
        ActiveState. You can cancel your account at any time by sending an
        email to support@activestate.com and requesting cancellation of
        your account.

    2.  UPON CANCELLATION
        2.1 We will retain and use your information as necessary to comply
            with our legal obligations, resolve disputes, and enforce our
            agreements, but barring legal requirements, we will delete
            your full profile and the Content of your projects within 90
            days of cancellation or termination (though some information
            may remain in encrypted backups). This information cannot be
            recovered once your account is cancelled.

        2.2 We will not delete Content that you have contributed to other
            Users' projects or that other Users have forked.

        2.3 Upon request, we will make a reasonable effort to provide an
            account owner with a copy of your lawful, non-infringing
            account contents after account cancellation, termination, or
            downgrade. You must make this request within 90 days of
            cancellation, termination, or downgrade.

    3.  ACTIVESTATE MAY TERMINATE

        ActiveState has the right to suspend or terminate your access to
        all or any part of the ActiveState Platform at any time, with or
        without cause, with or without notice, effective immediately.
        ActiveState reserves the right to refuse service to anyone for any
        reason at any time.

    4.  SURVIVAL

        All provisions of this Agreement which by their nature should
        survive termination will survive termination, including, without
        limitation, ownership provisions, warranty disclaimers, indemnity,
        and limitations of liability.

K. COMMUNICATIONS WITH ACTIVESTATE
    1.  ELECTRONIC COMMUNICATION REQUIRED

        For contractual purposes, you (1) consent to receive
        communications from us in an electronic form via the email address
        you have submitted or via the Service; and (2) agree that all
        Terms of Service, agreements, notices, disclosures, and other
        communications that we provide to you electronically satisfy any
        legal requirement that those communications would satisfy if they
        were on paper. This section does not affect your non-waivable
        rights.

    2.  LEGAL NOTICE TO ACTIVESTATE MUST BE IN WRITING

        Communications made through email or ActiveState Support's
        messaging system will not constitute legal notice to ActiveState
        or any of its officers, employees, agents or representatives in
        any situation where notice to ActiveState is required by contract
        or any law or regulation. Legal notice to ActiveState must be in
        writing and served at legal@activestate.com.

L.  DISCLAIMER OF WARRANTIES
    1.  ActiveState provides the ActiveState Platform and the Service
        “as is” and “as available,” without warranty of any kind.
        Without limiting this, we expressly disclaim all warranties,
        whether express, implied or statutory, regarding the
        ActiveState Platform and the Service including without
        limitation any warranty of merchantability, fitness for a
        particular purpose, title, security, accuracy and
        non-infringement.

    2.  ActiveState does not warrant that the Service will meet your
        requirements; that the Service will be uninterrupted, timely,
        secure, or error-free; that the information provided through
        the Service is accurate, reliable or correct; that any defects
        or errors will be corrected; that the Service will be
        available at any particular time or location; or that the
        Service is free of viruses or other harmful components. You
        assume full responsibility and risk of loss resulting from
        your downloading and/or use of files, information, content or
        other material obtained from the Service.

    3.  No advice or information, whether oral or written, obtained by
        you from ActiveState or through or from the ActiveState
        Platform shall create any warranty not expressly stated in
        this Agreement.

M.  LIMITATION OF LIABILITY

    You understand and agree that ActiveState will not be liable to
    you or any third party for any loss of profits, use, goodwill, or
    data, or for any incidental, indirect, special, consequential or
    exemplary damages, however arising, that result from:

    1.  the use, disclosure, or display of your User-Generated Content;

    2.  your use or inability to use the Service;

    3.  any modification, price change, suspension or discontinuance of
        the Service;

    4.  the Service generally or the software or systems that make the
        Service available;

    5.  unauthorized access to or alterations of your transmissions or
        data;

    6.  statements or conduct of any third party on the Service;

    7.  any other user interactions that you input or receive through your
        use of the Service; or

    Our liability is limited whether or not we have been informed of
    the possibility of such damages, and even if a remedy set forth in
    this Agreement is found to have failed of its essential purpose.
    We will have no liability for any failure or delay due to matters
    beyond our reasonable control.

N.  RELEASE AND INDEMNIFICATION

    If you have a dispute with one or more Users, you agree to release
    ActiveState from any and all claims, demands and damages (actual and
    consequential) of every kind and nature, known and unknown, arising
    out of or in any way connected with such disputes.

    You agree to indemnify us, defend us, and hold us harmless from and
    against any and all claims, liabilities, and expenses, including
    attorneys’ fees, arising out of your use of the ActiveState Platform
    and the Service, including but not limited to your violation of this
    Agreement, provided that ActiveState (1) promptly gives you written
    notice of the claim, demand, suit or proceeding; (2) gives you sole
    control of the defense and settlement of the claim, demand, suit or
    proceeding (provided that you may not settle any claim, demand, suit
    or proceeding unless the settlement unconditionally releases
    ActiveState of all liability); and (3) provides to you all
    reasonable assistance, at your expense.

O.  CHANGES TO THE THESE TERMS

    We reserve the right, at our sole discretion, to amend these Terms
    of Service at any time and will update these Terms of Service in the
    event of any such amendments.

    We reserve the right at any time and from time to time to modify or
    discontinue, temporarily or permanently, the ActiveState Platform
    (or any part of it) with or without notice.  You agree that
    ActiveState shall not be liable to You or any third party for any
    modification or cessation of the ActiveState Platform. You
    acknowledge that ActiveState has no express or implied obligation to
    provide, or continue to provide, the ActiveState Platform, or any
    part thereof, now or in the future.

P.  MISCELLANEOUS
    1. GOVERNING LAW
      Except to the extent applicable law provides otherwise, this
      Agreement between you and ActiveState and any access to or use of
      the ActiveState Platform or the Service are governed by the laws of
      the British Columbia without regard to its conflict of law
      provisions. You and ActiveState agree to submit to the personal and
      exclusive jurisdiction of the courts located within the Province of
      British Columbia, Canada.

    2. NON-ASSIGNABILITY
      ActiveState may assign or delegate these Terms of Service, in whole
      or in part, to any person or entity at any time with or without your
      consent, including the license grant in Section D.5. You may not
      assign or delegate any rights or obligations under the Terms of
      Service or Privacy Statement without our prior written consent, and
      any unauthorized assignment and delegation by you is void.

    3. SECTION HEADINGS AND SUMMARIES
      Throughout this Agreement, each section includes titles and brief
      summaries of the following terms and conditions. These section
      titles and brief summaries are not legally binding.

    4. SUGGESTIONS
      As part of using the ActiveState Platform, you agree to submit
      comments, suggestions and other feedback regarding your use of the
      ActiveState Platform. You agree that ActiveState will be free to use
      any feedback you provide for any purpose and that ActiveState shall
      have a royalty-free, worldwide, transferable, sublicensable,
      irrevocable, perpetual license to use, and exploit without
      restriction, any suggestions, enhancement requests, recommendations
      or other feedback provided by You.

    5. SEVERABILITY, NO WAIVER, AND SURVIVAL
      If any part of this Agreement is held invalid or unenforceable, that
      portion of the Agreement will be construed to reflect the parties’
      original intent. The remaining portions will remain in full force
      and effect. Any failure on the part of ActiveState to enforce any
      provision of this Agreement will not be considered a waiver of our
      right to enforce such provision. Our rights under this Agreement
      will survive any termination of this Agreement.

    6. PRODUCT REFERENCE AND PUBLICITY RIGHTS
      You agree, upon request and with reasonable notice from ActiveState,
      to act in the capacity of a reference, discussing ActiveState’s
      ActiveState Platform utilized and received by you, with potential
      ActiveState’s resellers or business partners (the “Product
      Reference”).  Notwithstanding this Product Reference you grant
      ActiveState the right to include your name and or company name and
      logo as a user and or customer in product promotional material.
      Further You hereby grant to ActiveState a nontransferable,
      nonexclusive license to use your trademark to advertise that You are
      using the ActiveState Platform. You can deny ActiveState this right
      at any time by submitting a written request via email to
      marketing@activestate.com, requesting to be excluded from product
      promotional material.

    7. RELATIONSHIP OF THE PARTIES
      This Agreement does not create a partnership, franchise, joint
      venture, agency, fiduciary or employment relationship between
      ActiveState and You.

    8. AMENDMENTS; COMPLETE 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, appendices and attachments. ActiveState reserves the
      right to change this Agreement at any time, which change shall be
      effective as of the effective date for the terms and conditions of
      this Agreement as shown at the top of this Agreement (the “Change
      Effective Date”). Your continued use of the ActiveState Platform
      after the Change Effective Date constitutes Your acceptance of such
      changes. This Agreement may not be otherwise amended without
      ActiveState's prior written agreement. You agree to periodically
      review the terms and conditions of this Agreement as updated from
      time to time on ActiveState’s website.