The CyberArk Marketplace (the « Marketplace ») is owned and operated by CyberArk Software Ltd and CyberArk Software, Inc. or one of its affiliated entities (« CyberArk » or « we » or « us »). Marketplace is an online marketplace for downloadable software tools, plug-ins, connectors, integrations, extensions, libraries, configurations and configuration changes, open source tools and applications, and other software applications, including any artifacts, such as code and documentation, provided with the foregoing (collectively « Marketplace Products ») that interoperate with applicable CyberArk Products (as defined below).
We will not be liable if, for any reason, all or any part of the Marketplace is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Marketplace to registered users or another subset of users. You are solely responsible for making all arrangements necessary for you to access the Marketplace.
Marketplace Pilot Program: You acknowledge and agree that you have been invited by CyberArk to participate in a pilot of the Marketplace before the Marketplace is made publicly available. Accordingly, you acknowledge and agree that CyberArk makes no warranties or commitments to you with respect to the Marketplace or the Marketplace Products and disclaim any and all liability to you arising out of your use of the Marketplace and/or the Marketplace Products. For the avoidance of doubt, all disclaimers and limitations of liability set forth herein shall at all times apply to your use of Marketplace and the Marketplace Products whether during or after the pilot program. You acknowledge and agree that in consideration for your participation in the pilot program, you may be asked to provide CyberArk with Feedback (as defined in Section 6.j. below) and any Feedback you provide is licensed to CyberArk pursuant to Section 6.j.
1. The Marketplace
a. Overview. In the Marketplace, you can access, browse, purchase and/or download Marketplace Products. Marketplace Products include any software, content, services, technology, data and other digital materials included in or made available through a Marketplace Product that you download or use via the Marketplace (including after you download it). Marketplace Products may be provided in source code or object code form. Marketplace Products include any updates, upgrades and other changes thereto and versions thereof that you later use or download from the Marketplace. CyberArk may make some Marketplace Products available via the Marketplace at no charge and others for a price. Marketplace Products made available on the Marketplace may be provided and licensed to you by CyberArk or by third parties (“Publishers”).
b. CyberArk Products Purchased Separately. The Marketplace does not include CyberArk Products, as defined in Section 2.b. You must purchase CyberArk Products pursuant to a separate end user license agreement or other agreement with CyberArk (“CyberArk Products End User License Agreement”).
d. Your Marketplace Account. To access portions of the Marketplace or certain resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Marketplace, and you hereby represent and warrant, that you are of the legal age of majority in the jurisdiction in which you reside and that all information you provide is correct, current and complete. If you choose, or you are provided with, a user name, password or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible to us for all activities identified with your account. You agree to immediately notify CyberArk of any unauthorized use of your user name or password or any other breach of security.
2. Marketplace Products
b. Use of Marketplace Products with CyberArk Products. You may use and/or download a Marketplace Product for your use on a device on which you have installed (or otherwise access) a validly licensed CyberArk software product with which the Marketplace Product is designed to interoperate (« CyberArk Product »). Marketplace Products can be used only on devices that also have a validly licensed CyberArk Product installed and meet certain other technical requirements described in the associated documentation in the Marketplace as such documentation is amended from time to time by CyberArk.
c. Evaluation of Marketplace Products.CyberArk may offer free evaluation and/or other limited versions of Marketplace Products so you can preview Marketplace Products before you download and/or purchase the full version. If the Marketplace Product is only provided for evaluation purposes, your rights are limited to an evaluation license which permits you to use, download, install, and/or operate the Evaluation Marketplace Product for a limited period of time (« Evaluation Period »), and it will only be accessible by a limited number of temporary users, in each case as determined by CyberArk or, if applicable, the Publisher. On the expiry of the Evaluation Period, the Evaluation Marketplace Product will cease to function and you will remove and delete all copies of such Marketplace Product in your possession or control.
e. Support and Maintenance of Marketplace Products.Marketplace Products may come with no support and maintenance or may have varying levels of support and maintenance. If CyberArk supports a CyberArk published Marketplace Product, it shall be indicated that the Marketplace Product is supported and a support contact will be listed. Any available support and maintenance of Third Party Products shall be as described in the Marketplace or in the associated documentation for that Marketplace Product and shall be subject to any limitations and restrictions set forth in the Marketplace and/or such documentation. Failure of a Publisher (including CyberArk) to provide support and maintenance will not entitle you to any refund of fees in connection with obtaining the applicable Marketplace Product and/or support and maintenance. In any event, you agree and acknowledge that CyberArk has no responsibility for providing support and maintenance with respect to Third Party Products.
3. License and Restrictions.
b. CyberArk Standard EULA.
(i) License. CyberArk grants you a limited, worldwide, non-transferable, revocable license to use the Marketplace Products published by CyberArk solely for your internal business use and solely for use with the applicable CyberArk Product for which the Marketplace Product was made available and only on hardware systems owned, leased or controlled by you. This license is only valid during the term of your license agreement with CyberArk (the “CyberArk License”) for the applicable CyberArk Product for which the Marketplace Product was made available and shall immediately terminate upon any termination or expiration of that CyberArk License.
(ii) Additional Restrictions. You may not (i) modify, (ii) reverse engineer, decompile or disassemble, (ii) create any derivative works of or (iv) distribute, transfer, resell, rent, lease, or sublicense any rights in the Marketplace Products published by CyberArk, unless otherwise expressly authorized in writing by CyberArk. You may only use the Marketplace Products with CyberArk Products for which you have a valid license. If CyberArk makes available a source code version of the Marketplace Product, notwithstanding the foregoing, you may modify the source code versions; provided, that CyberArk will have no obligation to provide support for any modified versions and you shall have the sole responsibility for supporting and maintaining such modified source code versions.
(iii) Ownership. The Marketplace Products are protected by copyright and other intellectual property laws and treaties. CyberArk or its licensors own all right, title, and interest in and to the Marketplace Products published by CyberArk and all intellectual property rights therein and thereto. The Marketplace Products are licensed and not sold.
4. Privacy and Your Data.
a. Information Provided to Third Party Publisher.You hereby explicitly acknowledge, agree, consent and authorize CyberArk to, in connection with your download of one or more Marketplace Product(s), provide the third party Publisher with the personal information provided by you in completing the purchase (including without limitation, your name, your IP address, company name (if any), addresses (including e-mail address) and phone number).
b. Consent to Use Data and Personal Information. You hereby expressly acknowledge, agree and consent that Publishers and CyberArk (if CyberArk is not the Publisher) may collect and use personal information, technical data and related information, (including without limitation, your name, your IP address, company name (if any), addresses (including e-mail address) and phone number) as well as technical information relating to your device, system, Marketplace Product, and CyberArk Product that is gathered periodically to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Marketplace Products and/or CyberArk Products. Publishers and CyberArk (if CyberArk is not the Publisher) may use this information, as long as it is in a form that does not personally identify you, to improve its products and services and/or to provide services or technology to you (including with respect to CyberArk, the Marketplace, Marketplace Products and CyberArk Products).
5. Reviews of Marketplace Products
The Marketplace allows you to post reviews of Marketplace Products you have used, and to post comments on such reviews. Such reviews and comments will be posted under your name as submitted to the applicable CyberArk.com web pages. If you do not want your name to appear with any reviews or comments, do not post any reviews or comments on the Marketplace. To be useful to other users, those reviews and comments you post must be made in good faith after reasonable evaluation of the full MarketPlace Product. If you do post reviews or comments, and unless we indicate otherwise, you grant CyberArk a nonexclusive, royalty-free, fully paid up, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media.
You acknowledge and agree that:
- You may post only one review per application, unless the later review reflects a good-faith rating change based on further evaluation.
- If you post a review of, or comment on, a Marketplace Product for which you are the Publisher, you must disclose your affiliation.
- If you post a review of, or comment on, a competitor’s Marketplace Product, you must disclose your affiliation.
We may, but are under no obligation to, monitor or censor reviews or comments made by users or content provided by contributors and we are not responsible for the accuracy, completeness, appropriateness or legality of anything posted, depicted or otherwise provided by third‑party users and we disclaim any and all liability relating thereto. Notwithstanding the foregoing, CyberArk reserves the right, in its sole discretion and for any reason at any time, without obligation, to remove or edit any review or comment on the Marketplace. Content unrelated to a review or comment of the relevant Marketplace Product – for example, discussing CyberArk’s employees, business or stock, or those of other companies, or unrelated products or services – is prohibited. In addition, reviews and comments may not contain content that:
- is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;
- is false, fraudulent or misleading;
- violates applicable laws, rules, regulations or guidelines or rights of third parties; including without limitation any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
- constitutes advertising or any other form of commercial solicitation; or
- impersonates any other person or entity, including any of CyberArk’s employees.
a. Prohibited Uses. You agree not to access or use the Marketplace in any manner:
- That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
- To develop or create a competitive product or to otherwise compete with CyberArk.
- To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- To monitor or attempt to gain unauthorized access to: (a) any data, information or communications on any network or system not owned by you, without authorization; or (b) any system or network user accounts or passwords of other users, without authorization.
- That is false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity; (b) to misrepresent your identity or affiliation with any person or organization; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
- To monitor or copy materials from the Marketplace for any unauthorized purpose or access the Marketplace via any automatic device, process or means of access such as a robot or spider.
- That is in violation of export or import laws, rules or regulations. You acknowledge that the Marketplace Products are subject to the U.S. Export Administration Regulations (the “EAR”) and that you shall comply with the EAR and the provisions of Section 6.e. below.
- That may have a detrimental effect on the Marketplace’s functionality, performance, availability, integrity, or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Marketplace or any server, computer or database connected to or accessed by the Marketplace; (d) modifying, blocking or otherwise interfering with the display of the Marketplace; (e) interfering with another user’s ability to access, use and enjoy the Marketplace; (f) accessing another user’s registration information or user account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Marketplace such as a spyware program, virus, Trojan horse, worm or logic bomb; (h) performing, without CyberArk’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Marketplace; and (i) engaging in any activities that results in any server serving the Marketplace being the target of a denial of service attack.
b. DISCLAIMER. THE MATERIALS MADE AVAILABLE IN THE MARKETPLACE, INCLUDING WITHOUT LIMITATION THE MARKETPLACE PRODUCTS AND THEIR RELATED DOCUMENTATION, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THESE MATERIALS AND THE MARKETPLACE PRODUCTS. CYBERARK ASSUMES NO LIABILITY FOR YOUR USE OF THESE MATERIALS, THE MARKETPLACE PRODUCTS OR ANY ASSISTANCE PROVIDED BY CYBERARK. CYBERARK AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL EXPRSS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. CYBERARK MAKES NO WARRANTY AS TO THE RELIABILITY, USEFULNESS, COMPLETENESS, TIMELINESS, QUALITY, SECURITY, SUITABILITY, AVAILABILITY OR ACCURACY OF ANY MARKETPLACE PRODUCT OR THAT THE MARKETPLACE PRODUCTS WILL BE ERROR FREE OR OPERATE WITHOUT INTERRUPTION. The Third Party Products and other third party content made available through the Marketplace are the sole responsibility of the Publisher of those Third Party Products and that content. CyberArk is not responsible for any Third Party Products or third party content, whether or not it reviewed or moderated such products or content. You agree that you bear all risks associated with using or relying on Marketplace Products from the Marketplace. For the avoidance of doubt, CyberArk does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any Marketplace Products (including without limitation any applications or content contained therein), regardless of who originated that content (including CyberArk’s employees, partners, affiliates or moderators). THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
d. LIMITATION OF LIABILITY. You must review and thoroughly test in a non‑production environment any Marketplace Product prior to its use in any production instance of the CyberArk Products. You agree that you bear all risks associated with using any Marketplace Product. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYBERARK OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL OR BUSINESS, LOSS OR CORRUPTION OF DATA, OR COSTS TO PROCURE SUBTITUTE GOODS OR SERVICES, HOWEVER CAUSED, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF OR UNAVAILABILITY OF THE MARKETPLACE OR THE MARKETPLACE PRODUCTS OR ARISING OUT OF THE USE OR PERFORMANCE OF THE MATERIALS OR MARKETPLACE PRODUCTS AVAILABLE IN THE MARKETPLACE, REGARDLESS OF WHETHER CYBERARK OR AN AUTHORIZED CYBERARK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY TO YOU EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
f. U.S. Government Users.If you are a U.S. Government end user, the Publisher is providing the Marketplace Products to you as a « Commercial Item » as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights granted to you by the Publisher for the Marketplace Products are the same as the rights the Publisher customarily grant to others under the applicable EULA.
f. DMCA Process.If you believe that any content in the Marketplace violates your copyright, please notify CyberArk’s copyright agent in writing. The contact information for CyberArk’s copyright agent is at the bottom of this section. CyberArk cannot take action unless you give us all the required information. In order for CyberArk to take action, you must do the following in your notice:
- provide your physical or electronic signature;
- identify the copyrighted work that you believe is being infringed;
- identify the item that you think is infringing and include sufficient information about where the material is located (including which website) so that CyberArk can find it;
- provide CyberArk with a way to contact you (such as address, telephone number, or email);
- provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by CyberArk; and
- provide a statement that the information you provide in the notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for CyberArk’s copyright agent:
CyberArk Software, Inc.
i. Weblinks. Certain links provided herein permit you to leave this site and enter non-CyberArk sites. These linked sites are not under CyberArk‘s control. CyberArk is not responsible for the contents of any linked site or any changes or updates to such sites. CyberArk is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by CyberArk of any linked site. CYBERARK’S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY CyberArk PRODUCT OR SERVICE. Linking to this site is subject to CyberArk’s Linking Policy. If you would like to link to CyberArk’s web site, please contact us at: [email protected]
j. Feedback & Suggestions. Direct feedback, comments, suggestions, requests for support and other communications relating to the Marketplace can be sent to: [email protected] CyberArk shall have a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any feedback and suggestions for improvements or enhancements to the Marketplace and the Marketplace Products (“Feedback”) without obligation of confidentiality or otherwise.
k. Copyright to Marketplace. All content included on the Marketplace website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CyberArk or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Marketplace website is the exclusive property of Cyberark and protected by U.S. and international copyright laws. The Marketplace website or any portion of the Marketplace website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CyberArk. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Marketplace website without express written consent. You may not use any meta tags or any other “hidden text” utilizing CyberArk’s name or trademarks without the express written consent of CyberArk. Any unauthorized use terminates the permissions and licenses granted hereunder by CyberArk.