Last update: May 14, 2020
Please read these Terms of Service carefully before accessing or using Progress Sitefinity Marketplace (“Marketplace”). The Marketplace is a platform that allows you to offer add-on and integration with Progress Sitefinity (“Your Products”). Your register, access and use of the Marketplace is subject to these Terms of Service and any other terms and conditions referenced below.
The Marketplace is provided by Progress Software Corporation (“Progress”), and is governed by this Terms of Service and by the Progress Terms of Use available at https://www.progress.com/legal/terms-of-use (collectively, “Marketplace Terms”). By registering, accessing or using the Marketplace, you are agreeing to be bound by these Marketplace Terms.
In order to use the Marketplace, you must be 13 years of age or older (if you live in the United States; if you live in another country, you must comply with your country's minimum age laws), fill the application form to access the Marketplace, and have agreed to these Marketplace Terms.
If you are agreeing to these Marketplace Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity, its affiliates, and all users who access the Marketplace on its behalf to these Marketplace Terms. If you do not have authority, you must not accept these Marketplace Terms and you may not use the Marketplace.
You must fill and submit an application form for each Product that you wish to publish and make available in Marketplace. Progress may approve or reject any proposed Product in its sole discretion. Progress may condition its approval on your submission and may require modifications to the Product.
Progress may require you to provide one or more samples of Your Product, or subject testing prior to approval for publication.
Once Your Product is published in Marketplace, Progress may periodically test Your Product at its own discretion. Progress also may, at our sole discretion, make minor changes to the promoted information of Your Product to correct error(s) or for other similar reasons so that customers can properly use Your Products.
You shall regularly ensure that Your Product supports the latest Progress Sitefinity version.
Progress may, at its own discretion, remove Your Product from the Marketplace.
Your use of the Marketplace will be for the term that the Marketplace is made available by Progress. Progress will terminate your use of the Marketplace in case of any breach of these Marketplace Terms.
Your use of the Marketplace will be free of charge. You will not publish Your Products in retribution of payments, nor will collect payments associated to it.
Progress may collect information regarding Your Products, your use of the Marketplace, and other data related to Your Products and your use of the Marketplace, as further described in the current version of Progress Privacy Policy available at https://www.progress.com/legal/privacy-policy. BY YOUR USE OF THE MARKETPLACE, YOU AUTHORIZE THE COLLECTION, USE AND DISCLOSURE OF THIS DATA FOR THE PURPOSES PROVIDED FOR IN THESE MARKETPLACE TERMS AND/OR THE PROGRESS PRIVACY POLICY.
Your use of Marketplace is at your sole risk. Other than as expressly stated, Progress provides Marketplace “AS IS” and “AS AVAILABLE.” Progress does not make or imply any warranties or commitments about the Marketplace, including but not limited to the specific functionality available through Marketplace, its reliability, availability, commitment to publish Your Product or ability to meet your need.
Progress reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Marketplace (or any part of it) with or without notice.
IN NO EVENT PROGRESS WILL BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DAMAGES, LOSS OR LIABILITY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGE, LOSS OR LIABILITY, TIME, MONEY OR GOODWILL, LOSS OF BUSINESS, PROFITS OR DATA, WHICH MAY ARISE DIRECTLY OR INDIRECTLY FROM OR RELATED TO YOUR USE OF THE MARKETPLACE OR YOUR PRODUCTS WHETHER IN CONTRACT, TORT, OR BREACH OF STATUTORY DUTY OR OTHERWISE TO THE EXTENT PERMITTED BY LAW.
You are responsible for ensuring that the information associated with Your Product is accurate and does not violate third parties’ rights, mainly third parties’ intellectual property rights, including third-party rights in trademarks or icons.
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 Products, your use of Marketplace, including but not limited to your violation of these Marketplace Terms, provided that Progress (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 Progress of all liability); and (3) provides to you all reasonable assistance, at your expense.
Non-Assignability. Progress may assign or delegate these Marketplace Terms, in whole or in part, to any person or entity at any time. You may not assign or delegate any rights or obligations under the Marketplace Terms.
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 Progress to exercise or enforce any right or provision of these Marketplace Terms shall not constitute a waiver of such right or provision. Progress’ rights under these Marketplace Terms will survive any termination of these Marketplace Terms.
Governing Law and Jurisdiction. Any litigation or other dispute resolution between you and Progress arising out of or relating to these Marketplace Terms or your use of the Marketplace will take place in the Commonwealth of Massachusetts, and you and Progress hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within Massachusetts with respect to any such litigation or dispute resolution. These Terms will be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts, except that body of Massachusetts law concerning conflicts of law.