SALESFORCE.COM TERMS OF USE FOR THE FORCE.COM SECURITY SCANNER

By checking the box below, you agree to the terms below (“Terms”) governing your use of the Force.com Security Scanner (the “Security Scanner”) with the salesforce.com service. If you are accepting these Terms on behalf of a company or other organization, you represent that you have the authority to bind that organization to these Terms, and the words “you” and “your” will refer to that organization. If you do not have that authority, or you do not agree to these Terms, you should not check the box below and you may not use Security Scanner with the salesforce.com service.

Security Scanner Is Not Part of the Salesforce.com Service. Security Scanner, including any successor applications thereto, is provided by Cherkmarx Ltd., not by salesforce.com, and is not part of the salesforce.com Service (as “Service” is defined in your master subscription agreement with salesforce.com). Salesforce.com does not support or maintain Security Scanner.
Security Scanner May Become Unavailable. The availability of Security Scanner with the salesforce.com Service, and of the salesforce.com Service features that interoperate with Security Scanner, depend on the continuing availability to salesforce.com of Security Scanner and certain related technologies for use with the salesforce.com Service. If Cherkmarx Ltd. ceases to make the Security Scanner and those related technologies available on reasonable terms for the salesforce.com Service, you may no longer be able to use Security Scanner with the salesforce.com Service. If this happens, you will not be entitled to any refund, credit, or other compensation.

Salesforce.com Not Responsible for Data Entered Into Security Scanner. Salesforce.com is not responsible for the security or privacy of any data, including any code, submitted to Security Scanner, and shall not be liable for any loss, corruption or unauthorized use or disclosure of such data. You agree not to enter into Security Scanner any data that infringes the intellectual property rights, or otherwise violates the legal rights, of a third party.

Your Compliance with Laws. You agree to comply with all applicable laws and regulations in using Security Scanner, including but not limited to U.S. export laws and regulations.

Your Indemnification of Salesforce.com. You shall defend salesforce.com against any claim by a third party to the extent the claim alleges facts that, if true, would constitute a breach by you of these Terms, and you shall indemnify salesforce.com from and against any damages, costs, losses and expenses (including attorneys' fees and costs) arising out of or in connection with any such claim.

No Warranties. SALESFORCE.COM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF SECURITY SCANNER. SALESFORCE.COM DOES NOT REPRESENT OR WARRANT THAT (A) SECURITY SCANNER WILL BE AVAILABLE, SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH THE SALESFORCE.COM SERVICE OR ANY OTHER APPLICATION, SOFTWARE, HARDWARE, SYSTEM OR DATA, (B) SECURITY SCANNER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY DATA, INCLUDING CODE, SUBMITTED TO SECURITY SCANNER WILL BE ACCURATE, RELIABLE, OR SECURE, (D) ERRORS OR DEFECTS IN SECURITY SCANNER WILL BE CORRECTED, OR (E) SECURITY SCANNER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS BETWEEN YOU AND SALESFORCE.COM, SECURITY SCANNER IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SALESFORCE.COM DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO SECURITY SCANNER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Salesforce.com Not Liable Regarding Security Scanner. IN NO EVENT SHALL SALESFORCE.COM HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RELATED TO SECURITY SCANNER, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Who You Are Contracting With, Governing Law, and Jurisdiction. Who you are contracting with, what law will apply in any lawsuit under these Terms, and which courts can adjudicate any such lawsuit, depend on where you are domiciled.

You agree to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.

Entire Agreement. These Terms are the complete agreement, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, between you and salesforce.com, concerning their subject matter.