This license applies to the Foxglove Studio product. Source code for Foxglove Studio is available on GitHub under the MPL-2.0 license. Our Contributor License Agreement for contributions made to Foxglove Studio by any person or entity can be found here.
Last Updated: November 12, 2021
These license terms are an agreement between you and Foxglove Technologies Inc. ("Foxglove," "we," or "us"). They apply to the Foxglove Studio software ("Software") that is made available to you on our website or for download to your computer. The terms also apply to any Foxglove services or updates for the Software, except to the extent those have different terms.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
INSTALLATION AND USE RIGHTS.
(a) General. You may use any number of copies of the Software to analyze, visualize and debug your robotics data for your internal business purposes.
(b) Third-Party Components. The Software may include third-party components with separate legal notices or governed by other agreements, as may be described in the NOTICE file accompanying the Software.
(c) Extensions. You may have the option to download other Foxglove and third-party software tools or extensions. Those third-party tools and extensions are under their own licenses, and not this agreement. Foxglove does not distribute, license or provide any warranties for any third-party tools or extensions. By accessing or using such tools or extensions, you agree to our Terms of Service.
(c) Disclaimer. Foxglove is not responsible for the quality, performance, or results obtained from any information, data (e.g., robotics data), content, comments, and/or files you transmit, upload, or store using the Software or other Foxglove services (collectively, "User Data"), and Foxglove will not use, access, view, store, copy, delete, or otherwise process such User Data, in each case, except as agreed to by you and Foxglove for any SaaS Services (as specified in the Foxglove Terms of Service) or as otherwise agreed to by you and Foxglove in a separate agreement.
UPDATES. The Software may periodically check for updates and download and install them for you. You may obtain updates only from Foxglove or authorized sources. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing Software features, services, or peripheral devices.
FEEDBACK. If you give feedback about the Software to Foxglove, you give to Foxglove, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires Foxglove to license its Software or documentation to third-parties because we include your feedback in them. These rights survive this agreement.
SCOPE OF LICENSE. This license applies to the Foxglove Studio product. Source code for Foxglove Studio is available at https://github.com/foxglove/studio under the MPL-2.0 license. The Software is licensed, not sold. This agreement only gives you some rights to use the Software. Foxglove reserves all other rights. You may use the Software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Software that only allow you to use it in certain ways. You may not:
- reverse engineer, decompile or disassemble the Software, or otherwise attempt to derive the source code for the Software (except as provided by Foxglove), except and solely to the extent required by third-party licensing terms governing use of certain open source components that may be included in the Software;
- remove, minimize, block or modify any notices of Foxglove or its suppliers in the Software;
- use the Software in any way that is against the law;
- share, publish, rent or lease the Software, or provide the Software as a stand-alone offering for others to use.
SUPPORT SERVICES. Because the Software is "as is," we have no obligation to provide support services for it, apart from any separate, signed, written agreement entered into between you and us.
ENTIRE AGREEMENT. This Agreement, together with the Foxglove Terms of Service, incorporated herein by reference, constitutes the sole and entire agreement for the Software and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.
EXPORT REGULATION. The Software, including any tools or extensions, may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Software to, or make the software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software available outside the US.
US GOVERNMENT RIGHTS. Each of the Software and its associated documentation is a "commercial item" 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. Accordingly, if you are an agency of the US government or any contractor therefor, you only receive those rights with respect to the Software and its documentation as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
APPLICABLE LAW. If you acquired the Software in the United States, California law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the Software in any other country, its laws apply. Any dispute between you and us that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California.
CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. This agreement does not change those other rights if the laws of your state or country do not permit it to do so.
DISCLAIMER OF WARRANTY. The Software is licensed "as-is." You bear the risk of using the Software and any results obtained through use of the Software. Foxglove gives no express warranties, guarantees or conditions. To the extent permitted under your local laws, Foxglove excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Foxglove and its suppliers only direct damages up to US $5.00. To the fullest extent provided by law, in no event will Foxglove, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any other damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Software, including any indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data.
This limitation applies to (a) anything related to the Software, services, or third-party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Foxglove knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.