Last updated: May 23, 2022
Although Haiba Skript is still in Alpha stage of its development, we are providing it for early evaluation on an invite-only basis.
Please note that this toolset is still in development, subject to change, and that you use it at your own risk. The Haiba Skript toolset may contain errors and defects that can result in serious damage to your computer systems, devices and data.
1. Introduction
1.1 Haiba Skript (referred to in the License Agreement as the "Skript" and specifically including the Skript webtools, packaged binary files, sample and tutorial content, plug-ins, chrome extensions, and mobile apps) is licensed to you subject to the terms of the License Agreement. The License Agreement forms a legally binding contract between you and Haiba LLC in relation to your use of the Skript toolset.
1.2 "Haiba" means Haiba LLC., a Delaware limited liability corporation with principal place of business at 10450 Oakville Ave, Cupertino, CA 95014, United States.
2. Accepting the License Agreement
2.1 In order to use Skript, you must first agree to this License Agreement. You may not use Skript if you do not accept this License Agreement.
2.2 You may not use Skript and may not accept the License Agreement if you are a person barred from receiving Skript under the laws of the United States or other countries including the country in which you are resident or from which you use Skript.
2.3 If you will use Skript internally within your company or organization, you agree to be bound by the License Agreement on behalf of your employer or other entity, and you represent and warrant that you have full legal authority to bind your employer or such entity to the License Agreement. If you do not have the requisite authority, you may not accept the License Agreement or use Skript on behalf of your employer or other entity without authorized acceptance of the License Agreement by your employer or other relevant entity.
3. Skript License from Haiba
3.1 Subject to the terms of the License Agreement, Skript grants you a royalty-free, non-assignable, non-exclusive, non-sublicensable, limited, revocable license to use Skript, personally or internally within your company or organization.
3.2 You agree that Haiba or third parties own all legal right, title and interest in and to the Skript toolset, including any Intellectual Property Rights that subsist in Skript. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. Haiba reserves all rights not expressly granted to you.
3.3 You may not use Skript for any purpose not expressly permitted by the License Agreement.
3.4 Unless expressly authorized in writing by Haiba, you may not distribute Skript and/or any data, content, or resources that you create or develop using the Skript toolset.
3.5 You agree that all information, data, and material you receive from Haiba in connection with Skript, including the License Agreement, is Confidential Information and is the sole property of Haiba. You will use Confidential Information solely for the purposes permitted by the License Agreement. You will not disclose or make Confidential Information available to any third party, except as specifically authorized by Haiba in writing. Upon Haiba’s written request, you will promptly return all Confidential Information and copies, and/or certify in writing that you have destroyed all such materials. Confidential Information does not include information that: (i) was known to you without restriction before receipt from Haiba; (ii) is publicly available through no fault of your own; (iii) is rightfully received by you from a third party without a duty of confidentiality; or (iv) is independently developed by you without reference to any Confidential Information. You may disclose Confidential Information when compelled to do so by law if you provide reasonable prior notice to Haiba.
3.6 Use, reproduction and distribution of components of Skript licensed under an open source software license are governed solely by the terms of that open source software license and not the License Agreement. You agree to remain a licensee in good standing in regard to such open source software licenses under all the rights granted and to refrain from any actions that may terminate, suspend, or breach such rights.
3.7 You agree that the form and nature of Skript that Haiba provides may change without prior notice to you and that future versions of Skript may be incompatible with content created on previous versions of Skript. You agree that Haiba may stop (permanently or temporarily) providing Skript (or any features within Skript) to you or to users generally at Haiba's sole discretion, without prior notice to you.
3.8 Nothing in the License Agreement gives you a right to use any of Haiba's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
3.9 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within Skript.
4. Use of Skript by You
4.1 Haiba agrees that nothing in the License Agreement gives Haiba any right, title or interest from you (or your licensors) under the License Agreement in or to any content that you develop using Skript, including any Intellectual Property Rights that subsist in that content.
4.2 You agree to use Skript and create content only for purposes that are permitted by (a) the License Agreement, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree that you will not engage in any activity with Skript, including the development or distribution of content, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of Haiba or any third party.
4.4 You agree that you are solely responsible for (and that Haiba has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit or display, and for the consequences of your actions (including any loss or damage which Haiba may suffer) by doing so.
4.5 You agree that you are solely responsible for (and that Haiba has no responsibility to you or to any third party for) any breach of your obligations under the License Agreement, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which Haiba or any third party may suffer) of any such breach.
4.6 Skript is in development, and your testing and feedback are an important part of the development process. By using Skript, you acknowledge that implementation of some features are still under development and that you should not rely on Skript having the full functionality of a stable release.
5. Your Developer Credentials
You agree that you are responsible for maintaining the confidentiality of any developer credentials that may be issued to you by Haiba or which you may choose yourself and that you will be solely responsible for all content that is developed under your developer credentials.
6. Privacy and Information
6.1 In order to continually innovate and improve Skript, Haiba may collect certain usage statistics from the software including but not limited to a unique identifier, associated IP address, version number of the software, and information on which tools and/or services in Skript are being used and how they are being used.
6.2 The data collected is examined in the aggregate to improve Skript.
7. Terminating the License Agreement
7.1 This License Agreement will continue to apply until terminated by either you or Haiba as set out below.
7.2 If you want to terminate this License Agreement, you may do so by ceasing your use of Skript and any relevant developer credentials.
7.3 Haiba may at any time, terminate this License Agreement with you if:
(A) you have breached any provision of this License Agreement; or
(B) Haiba is required to do so by law; or
(C) Haiba decides to no longer provide Skript or certain parts of Skript to users in the country in which you are resident or from which you use the service, or the provision of Skript or certain Skript services to you by Haiba is, in Haiba's sole discretion, no longer commercially viable.
7.4 When this License Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Haiba have benefited from, been subject to (or which have accrued over time whilst this License Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 12.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
8. DISCLAIMERS
8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF SKRIPT IS AT YOUR SOLE RISK AND THAT SKRIPT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM Haiba.
8.2 YOUR USE OF Skript AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SKRIPT IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT SKRIPT IS NOT A STABLE RELEASE AND MAY CONTAIN ERRORS, DEFECTS AND SECURITY VULNERABILITIES THAT CAN RESULT IN SIGNIFICANT DAMAGE, INCLUDING THE COMPLETE, IRRECOVERABLE LOSS OF USE OF YOUR COMPUTER SYSTEM OR OTHER DEVICE.
8.3 HAIBA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAIBA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT HAIBA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
10. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Haiba, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) your use of Skript, (b) any content you develop on Skript that infringes any Intellectual Property Rights of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you of the License Agreement.
11. Changes to the License Agreement
Haiba may make changes to the License Agreement as it distributes new versions of Skript. When these changes are made, Haiba will make a new version of the License Agreement available on the website where Skript is made available.
12. General Legal Terms
12.1 The License Agreement constitutes the whole legal agreement between you and Haiba and governs your use of Skript (excluding any services which Haiba may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Haiba in relation to Skript.
12.2 You agree that if Haiba does not exercise or enforce any legal right or remedy which is contained in the License Agreement (or which Haiba has the benefit of under any applicable law), this will not be taken to be a formal waiver of Haiba's rights and that those rights or remedies will still be available to Haiba.
12.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the License Agreement is invalid, then that provision will be removed from the License Agreement without affecting the rest of the License Agreement. The remaining provisions of the License Agreement will continue to be valid and enforceable.
12.4 You acknowledge and agree that each member of the group of companies of which Haiba is the parent shall be third party beneficiaries to the License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the License Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the License Agreement.
12.5 EXPORT RESTRICTIONS. SKRIPT IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO SKRIPT. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
12.6 The License Agreement may not be assigned or transferred by you without the prior written approval of Haiba, and any attempted assignment without such approval will be void. You shall not delegate your responsibilities or obligations under the License Agreement without the prior written approval of Haiba.
12.7 The License Agreement, and your relationship with Haiba under the License Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Haiba agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the License Agreement. Notwithstanding this, you agree that Haiba shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Have any questions regarding the Alpha program or your participation in it? We'd like to make sure everything is as clear as we can make it, so please contact the Haiba team at info@haibalabs.com with any questions before proceeding.