Third-Party Code Policy

Third-Party Code in Starhive Products

This document is a supplement to and an integral part of the Starhive Cloud Terms of Service (the “Agreement”). Any capitalized terms used but not defined below have the meanings in the Agreement. Our Products contain code and libraries that we license from third parties. Some of these licenses, typically open source, require us to flow certain terms down to you.

Commercial third-party code in Products

The Products include components that we license commercially from third parties (“Commercial  Software”). All of all of the restrictions for the Products in the Agreement also apply to Commercial Software, but Commercial Software are also subject to some additional requirements as set forth below.

• You may use Commercial Software only in conjunction with, as part of, and through the Products as provided by Starhive. You may not install, access, configure or use any Commercial Software (including any APIs, tools, databases or other aspects any Commercial Software) separately or independently of the rest of the Product, whether for production, technical support or any other purposes, or otherwise attempt to gain direct access to any portions of the Commercial Software, or permit anyone else (including your customers) to do any of these things.
• Some Commercial Software may include source code that is provided as part of its standard shipment. Commercial Software source code will be governed by the terms for Commercial Software in this supplement. Accordingly, notwithstanding any other terms of the Agreement, you may not modify any Commercial Software. You will be financially responsible to the applicable third-party licensor ("Commercial Software Licensor") for all damages and losses resulting from your or your Authorized User’s breach of this provision. You may not “benchmark” or otherwise analyze performance information for individual Commercial Software elements.
• You understand that the applicable Commercial Software Licensor retains all ownership and intellectual property rights to the Commercial Software. Commercial Software Licensors (and any other third-party licensors of any components of the Products) are intended third party beneficiaries of the Agreement with respect to the items they license and may enforce the Agreement directly against you. However, to be clear, Commercial Software Licensors do not assume any of Starhive's obligations under the Agreement.  To the maximum extent permitted by applicable law, no Commercial Software Licensor(s) will be liable to you for any damages whatsoever.
• Commercial Software Licensors may also require that you accept their licensing, terms of service, privacy policies, etc. terms before use. Below are such terms and policies that we are required to explicitly state in the Agreement (which this document forms an integral part of) that will apply to you if you use the relevant application/feature contained in or in connection with our Product:
  
  Third-party: Google
  Application/feature: Google Maps platform
  Terms of service: https://cloud.google.com/maps-platform/terms
  Privacy policy: https://policies.google.com/privacy?hl=en

Open-source software in the Products

The Products include components subject to the terms and conditions of “open source” software licenses (“Open Source Software”). To the extent applicable, we will identify Open Source Software included in a Product in or through the Product itself. Some of these licenses require us to provide the Open Source Software to you on the terms of the open source license instead of the terms of the Agreement. In that case, the terms of the open source license will apply, and you will have the rights granted in such licenses to the Open Source Software itself, such as access to source code, right to make modifications, and right to reverse engineer. Notwithstanding the foregoing, if you are using the Products in the form provided to you, in accordance with your permitted scope of use, with no distribution of software to third parties, then none of these open source licenses impose any obligations on you beyond what is stated in the Agreement.

Combining the Products with Open Source Software

A requirement of some open source licenses, sometimes known as “copyleft licenses,” is that any modifications to the Open Source Software, or combinations of the Open Source Software with other software (such as by linking), must be made available in source code form under the terms of the copyleft license. Examples of copyleft licenses include the GPL or LGPL, Affero, CPL, CDDL, Eclipse or Mozilla licenses.

You may not combine or otherwise modify our Products unless we expressly give you the right to do so under the Agreement. To the extent you are separately and expressly authorized by Starhive to combine and distribute Products with any other code, you must make sure that your use does not: (i) impose, or give the appearance of imposing, any condition or obligation on us with respect to our Products (including, without limitation, any obligation to distribute our Products under an open source license); or (ii) grant, or appear to grant, to any third party any rights to or immunities under our intellectual property or proprietary rights in our Products.