license.txt

Copyright 2018 salesforce.com (https://app.salesforceiq.com/r?target=5aa041084cedfd007a609a0c&t=AFwhZf0GOvrkITUEGk_9Frn8rtTOQ_JcR3V1bPtHyKCQMx9cWuf92b6O6w9dz1LpYaK8lPgjNZvweaqC9W9fv2K3zv4BJWd_VftkdaL13QYpqzPyITBhy9poAZwbKc3bge5ItzFU2Lwc), inc. All rights reserved. 

 These Terms of Use are between *You*, (being the Customer that purchased Commerce Cloud Services) and salesforce.com, inc. or its Affiliate (“*SFDC*”) that entered into a subscription agreement (the “*Agreement*”) with You that governs Your purchase of Commerce Cloud Services (formerly known as “Demandware Services”).
 
These Terms of Use were last updated on June 5, 2018 and constitute a legally binding agreement between You and SFDC effective upon Your first download or use of the Storefront Reference Architecture source code (“*Source Code*”), whichever is earliest. If You do not have authority to bind the Customer that entered into the Agreement or You do not agree to these Terms of Use, You may not download or otherwise use the Source Code.* *

SFDC grants You a limited, non-exclusive, non­transferable, non-sublicensable, revocable license to use, copy, modify, run, and creative derivative works of the Source Code solely in conjunction with Your subscription to Commerce Cloud Services.

You acknowledge that all right, title, and interest in and to all copies of the Source Code and related Documentation and any other materials made available by SFDC under these Terms of Use; including all intellectual property rights therein, will remain the exclusive property of SFDC. You must not take any action, and shall ensure that any third-parties to whom You have provided access to the Source Code, do not take any action to jeopardize, limit, or interfere in any manner with SFDC's ownership of the Source Code. 

To the extent You create any derivative works to the Source Code or any changes to the Source Code are created by or on behalf of You (such changes collectively referred to as “*Modifications*”), You shall own such Modifications. To the extent that You provide any Modifications to SFDC, You grant to SFDC an irrevocable, perpetual, royalty-­free, license to the Modifications, with the right to copy, use, modify, sublicense (pursuant to terms determined by SFDC), transfer and otherwise distribute, disclose and sell Modifications together with parameters, settings, metadata and code incorporating those Modifications as determined by SFDC. For the avoidance of doubt, this Agreement does not confer any rights in or to Your products or software that is related to or connected with the Source Code, other than the Modifications. 

Subject to the limited rights expressly granted hereunder, SFDC reserves all rights, title and interest in and to all intellectual property rights subsisting in the Source Code. No rights are granted to You hereunder other than as expressly set forth herein.  Users residing in countries on the United States Office of Foreign Assets Control sanction list, or which are otherwise subject to a US export embargo, may not use the Source Code.
 
SFDC reserves the right at any time to modify or discontinue, temporarily or permanently, the Source Code (or any part thereof) with or without notice. You agree that SFDC shall not be liable to You or to any third party for any modification, suspension or discontinuance.

The Source Code is not part of the Commerce Cloud Services. Implementation of the Source Code requires development work and appropriate configuration and permissions within Your instance of Commerce Cloud for which You are responsible. The Source Code may contain bugs, errors and incompatibilities with Your configuration of Commerce Cloud Services and is made available on an AS IS basis without support, updates, or service level commitments. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SOURCE CODE IS NOT SUPPORTED, AND IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IN NO EVENT SHALL  SFDC HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, IN CONNECTION WITH THE SOURCE CODE OR THE MODIFICATIONS TO THE SOURCE CODE, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These Terms of Use shall be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules. Each party hereby consents to the exclusive jurisdiction of the state and federal courts located in San Francisco County,California to adjudicate any dispute arising out of or relating to this Agreement. Except as expressly stated in these Terms of Use, these Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. No modification, amendment, or waiver of any provision of these Terms of Use shall be effective unless it is by an update to these Terms of Use that we make available on this website, or is in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.