The plain-language summaries provided in italics and green content boxes throughout these Embedded End Customer Terms are for readability only. They are not legally binding and do not replace the full legal terms. In case of any conflict between the summaries and the actual terms, the full legal text will control. These summaries are not legal advice.
This document explains the additional terms that apply when you use Anaconda through a third-party integration or embedded solution.
By downloading, installing, or using the Anaconda Platform or any Offering through a Partner Solution, you (“End Customer“) agree to be bound by these Embedded End Customer Terms (the “Supplemental Terms”), which amend and are incorporated into the Anaconda Terms of Service (“Terms”), solely with regard to the Anaconda Platform and Offerings hosted and provided by Anaconda, Inc. (“Anaconda”) through a Partner Solution. These Supplemental Terms, together with the Terms, as applicable, govern all integrations to and from the Anaconda Platform and Offerings. In the event of any inconsistency between the Terms and these Supplemental Terms, these Supplemental Terms shall prevail with respect to your use of the Anaconda Platform and Offerings through a Partner Solution.
By downloading, installing, or using the Anaconda Platform or any Offering through a Partner Solution, End Customer represents and affirms that End Customer has read, understands, and agrees to be legally bound by and comply with these Supplemental Terms. If End Customer does not agree with these Supplemental Terms, End Customer is not authorized to use the Anaconda Platform or any Offering in any manner through a Partner Solution.
NOTWITHSTANDING THE FOREGOING, IF END CUSTOMER HAS NEGOTIATED A SEPARATE COMMERCIAL AGREEMENT WITH ANACONDA, WHICH GOVERNS END CUSTOMER’S USE OF THE ANACONDA PLATFORM OR OFFERINGS, THE TERMS AND CONDITIONS OF THESE SUPPLEMENTAL TERMS SHALL SUPERSEDE THE TERMS AND CONDITIONS OF SUCH NEGOTIATED AGREEMENT TO THE EXTENT THEY ARE INCONSISTENT.
Capitalized terms used in these Supplemental Terms and not otherwise defined herein are defined in the Terms.
1. Definitions
Important terms used in these Supplemental Terms.
“Customer Agreement” means the agreement between End Customer and Partner governing End Customer’s use of the Partner Solution.
“Embedded Agreement” means the agreement between Anaconda and Partner governing Partner’s embedding of or integration with the Anaconda Platform or Offerings in the Partner Solution.
“Partner” means a third party that has entered into an Embedded Agreement with Anaconda to embed or integrate the Anaconda Platform or Offerings into the Partner’s solution or service.”Partner Solution” means the solution or service offered by Partner to End Customer that embeds or integrates the Anaconda Platform or Offerings.
2. Use Of The Anaconda Platform And Offerings.
What you can do with Anaconda when accessed through a Partner Solution.
2.1 GENERAL GRANT. Anaconda shall own and retain all right, title, and interest in and to the Anaconda Platform, Offerings, and all derivatives, features, modifications, and updates thereto. During the term of the End Customer Agreement and subject to End Customer’s compliance with the provisions of the End Customer Agreement and these Supplemental Terms, End Customer (and its Affiliates) will have a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable right to use the Anaconda Platform and Offerings via the Partner Solution. Except as provided in Section 1.2 of these Supplemental Terms, End Customer’s use of the Anaconda Platform and Offerings shall only occur through the Partner Solution made available to End Customer by Partner.
2.2 END CUSTOMER USAGE. Anaconda grants to End Customer (and its Affiliates) a limited, revocable, royalty-free, nontransferable, non-assignable, nonexclusive license to access and use the Anaconda Platform and Offerings in End Customer’s environment solely to develop, integrate, and test the Anaconda Platform and Offerings for End Customer’s use with the Partner Solution. End Customer acknowledges and agrees: (i) any access to the Anaconda Platform and Offerings furnished to End Customer under this Section 1.2 is provided solely as a convenience for development, demonstration, trial, marketing, integration, testing, and training purposes; (ii) this temporary license will not be construed as a license to the Anaconda Platform or Offerings outside of these Supplemental Terms; (iii) Anaconda retains the exclusive right to choose whether to provide access to the Anaconda Platform or Offerings, in whole or in part; and (iv) Anaconda may, in its sole discretion and without any notice to End Customer, suspend or terminate End Customer’s access to the Anaconda Platform and Offerings, if End Customer exceeds the scope of this grant, without a separate written agreement with Anaconda.
For avoidance of doubt, and subject to the terms and conditions contained herein, End Customer is permitted to modify the Offerings to develop bug fixes, customizations, or additional features, solely for the purpose of using the Partner Solution as defined in, and during the term of, these Supplemental Terms and the Customer Agreement. Under no circumstance may End Customer Embed or distribute the Anaconda Platform or any Offering without entering into a separate agreement with Anaconda. End Customer shall also not copy elements of the Anaconda Platform or Offerings into other applications. In addition, the Anaconda Platform and Offerings include license protection mechanisms that are designed to manage and protect the Intellectual Property Rights of Anaconda. End Customer must not modify or alter those features to try to defeat the use rules that the license protection mechanisms are designed to enforce.
2.3 NO FURTHER USE. Except as expressly set forth herein, no other right, title, or interest is granted to End Customer, express or implied, with respect to the Intellectual Property Rights of Anaconda and/or its licensors. If End Customer wishes to use the Anaconda Platform or any of its functionalities or services other than those included in the Partner Solution, or outside of the Partner Solution, End Customer may visit https://www.anaconda.com/pricing to contract directly with Anaconda for such functionalities or services.
3. End Customer’s Responsibilty; Rrestrictions.
What you cannot do with the Anaconda Platform and Offerings through a Partner Solution.
End Customer will not, and will not authorize any third party to:
(a) interfere or attempt to interfere with the proper working of the Anaconda Platform or Offerings or any other User’s use of the Anaconda Platform, including through abuse of server capacity;
(b) use the Anaconda Platform or Offerings for any fraudulent or unlawful purpose;
(c) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Anaconda Platform or Offerings or any software or data related to the Anaconda Platform or Offerings;
(d) copy, alter, modify, or create derivative works of the Anaconda Platform or Offerings or any software, source code, object code or underlying structure, design, look and feel, expression, ideas or algorithms, or documentation related to the Anaconda Platform or Offerings, or otherwise use the Anaconda Platform or Offerings in any way that violates the use restrictions contained in these Supplemental Terms, the Terms, or the Documentation;
(e) sell, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Anaconda Platform or Offerings;
(f) remove or otherwise alter any proprietary notices or labels from the Anaconda Platform or Offerings or any portion thereof;
(g) bypass any measures Anaconda may use to prevent or restrict access to the Anaconda Platform or Offerings (or other accounts, computer systems or networks connected to the Anaconda Platform);
(h) scan or test vulnerability of the Anaconda Platform or Offerings or related products and services without Anaconda’s prior written consent; or
(i) use the Anaconda Platform or Offerings in violation of any applicable local, state, national and foreign laws, treaty or regulation, including any export control, sanctions regulations or other laws and regulations of the United States or any other jurisdiction, or a third party’s proprietary or contractual rights.
Anaconda competitors or individuals acting on behalf of an Anaconda competitor may not access the Anaconda Platform or Offerings through a Partner Solution. The Anaconda Platform and Offerings may not be accessed for the benefit of third parties, including as service bureau, time-sharing or managed services arrangement, or for any benchmarking, comparative or competitive purposes unless preauthorized in writing by Anaconda.
4. Partner Solution.
Your relationship with the Partner providing access to the Anaconda Platform and Offerings.
4.1 NO LIABILITY FOR PARTNER SOLUTION. Notwithstanding any access End Customer may have to the Anaconda Platform or Offerings via the Partner Solution, Partner is the sole provider of the Partner Solution. Partner and End Customer alone are entering into a contractual relationship in relation to the Partner Solution. In the event that Partner ceases operations or otherwise ceases or fails to provide the Partner Solution, Anaconda cannot provide the Partner Solution to End Customer nor refund End Customer any fees paid by End Customer to Partner. Anaconda does not charge End Customer any fees for End Customer’s use of the Anaconda Platform or Offerings via the Partner Solution in accordance with these Supplemental Terms.
4.2 NO OBLIGATION FOR SUPPORT. All technical support, questions, complaints, or claims related to the Partner Solution and the Anaconda Platform and Offerings included within the Partner Solution will be provided by Partner. End Customers may not contact Anaconda for any technical support, questions, complaints, or claims for the Partner Solution and Anaconda Platform or Offerings included within the Partner Solution.
5. Termination And Suspension.
When Anaconda can terminate or suspend your access to the Anaconda Platform and Offerings through a Partner Solution.
End Customer’s access to, or use of, the Anaconda Platform or Offerings (including all of End Customer’s rights granted in these Supplemental Terms) may be terminated and/or suspended upon written notice if:
(a) End Customer and/or any of its Users are in breach of these Supplemental Terms or the Terms, or otherwise engaging in any actions that threaten the security, integrity, availability, or stability of the Anaconda Platform,
(b) the Embedded Agreement between Anaconda and Partner is expired or earlier terminated, or
(c) Partner is in breach of the Embedded Agreement (including any late payment to Anaconda).