1. Applicability
1.1 These Terms and Conditions (“Repo T&Cs”) supplement the following: (i) Master Subscription Terms, and (ii) MAGIC Platform Terms of Use (together, the “Platform Terms“) and apply when you use a third party repository service provider such as GitHub (“Repository“) in conjunction with the Platform (as defined under the Platform Terms). By electing to use the Repository in conjunction with the Platform, you agree to be bound by these Repo T&Cs. The Platform will only work with specific Repositories as stated in clause 1.3 of these Repo T&Cs.
1.2 Unless expressly stated in these Repo T&Cs, capitalised terms shall have the meaning given to them in the Platform Terms. In the event of any conflict between the Platform Terms and these Repo T&Cs, these Repo T&Cs shall prevail.
1.3 The Bring Your Own Repository service is available to Users (as that term is defined in the Platform Terms) who also subscribe to the following repository service providers only: Github.
2. Use of the Repository
2.1 If you use the Repository in conjunction with the Platform, you acknowledge and agree to the following:
(i) You must use your own account with the Repository, and SigTech is not a party to any agreement between you and GitHub governing your access to and use of the Repository;
(ii) The fact that you are permitted to use the Repository in conjunction with the Platform, does not imply our endorsement of, or association with the provider of the Repository or its Affiliates;
(iii) SigTech does not operate the Repository and is not responsible or liable to you for any errors or disruptions in or to the Repository or the content in the Repository (“Repository Content“) and does not guarantee that the Repository will be continuously available;
(iv) Sigtech disclaims all representations or warranties, whether express or implied including any warranties of title, non-infringement, freedom to use, merchantability, satisfactory quality or fitness for a particular purpose relating to: (a) the Repository, (b) Repository Content, and (c) any output that is created through the Platform when using the Repository;
(v) Sigtech is not responsible for providing any support in connection with the Repository;
(vi) You are fully responsible and liable for the Repository Content, and when uploading Repository Content to the Platform or including in any Customer Data, you must ensure that the Repository Content does not:
(a) contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable; or
(b) transmit or distribute any virus and/or other code that has contaminating or destructive elements;
(vii) You shall indemnify, defend, and hold harmless SigTech and its respective subsidiaries, Affiliates, divisions, successors and assigns from and against any third party claims, demands, obligations, costs, losses and liabilities, including reasonable attorney fees arising from or related to your Repository Content or any breach of these Repo T&Cs; and
(viii) Failure to comply with these Repo T&Cs constitutes a material breach of our Platform Terms upon which you are permitted to use the Platform, and Sigtech may:
(a) Suspend your access to the Platform; and/or
(b) Terminate the Contract in accordance with the Platform Terms.