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# GitHub CodeQL Terms and Conditions
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These GitHub CodeQL Terms and Conditions ("**Terms**") are a legal
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agreement between you (either as an individual or on behalf of an
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entity) and GitHub, Inc. regarding your use of the GitHub CodeQL
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software and associated documentation (collectively, the
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"**Software**"). By using the Software, you accept these Terms.
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**Please read all of these Terms;** in many cases, provisions set
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forth later in the Terms limit and qualify provisions set forth
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earlier in the Terms. If you do not accept these Terms, do not
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download, install, use, or copy the Software.
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## Definitions
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In these Terms:
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- "OSI-approved License" means an Open Source Initiative
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(OSI)-approved open source software license.
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- "Open Source Codebase" means a codebase that is released under an
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OSI-approved License.
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## Use Rights; Scope of License
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The Software is licensed on a per user basis. Here's what you may do
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with the Software, but subject to License Restrictions provisions
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below:
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- Use the Software to perform academic research.
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- Use the Software to demonstrate the Software.
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- Test CodeQL queries that are released under an OSI-approved
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License to confirm that new versions of those queries continue to
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find the right vulnerabilities.
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Here's what you may also do with the Software, but only with an Open
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Source Codebase and subject to the License Restrictions provisions
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below:
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- Perform analysis on the Open Source Codebase.
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- If the Open Source Codebase is hosted and maintained on
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GitHub.com, generate CodeQL databases for or during automated
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analysis, CI, or CD.
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## License Restrictions
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These Terms do not authorize, and the Software may not be used for any
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purpose not expressly set forth above, including:
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- To otherwise or in any other context generate any CodeQL database
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for or during automated analysis, CI or CD, whether as part of
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normal engineering processes or another context.
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- To otherwise or in any other context use the Software in
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connection with any codebase that is not an Open Source Codebase
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(e.g., code in a private repo in GitHub).
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_**Please note:** if your use of the Software is under a paid customer
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license for GitHub Advanced Security, the restrictions with respect to
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automated analysis, CI, and CD and use in connection with non-Open
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Source Codebases do not apply._
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At all times, except (and only to the extent) permitted by applicable
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law or applicable third-party license, you will not (and have no right
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to):
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- work around any technical limitations in the Software that only
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allow you to use it in certain ways;
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- reverse engineer, decompile or disassemble the Software;
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- remove, minimize, block, or modify any notices of GitHub or its
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suppliers in the Software;
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- use the Software in any way that is against the law; or
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- share, publish, distribute or lend the Software, provide or make
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available the Software as a hosted solution (whether on a
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standalone basis or combined, incorporated or integrated with
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other software or services) for others to use, or transfer the
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Software or these Terms to any third party.
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The Software is licensed, not sold. GitHub reserves all rights not
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expressly granted in these Terms.
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## Open Source Software
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The Software may include components licensed under open source
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software licenses. Any such licenses are included in the "Open Source
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Notices" documentation that is included with the Software. Such
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documentation also includes copies of all applicable open source
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licenses.
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To the extent the terms of the licenses applicable to open source
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components require GitHub to make an offer to provide source code in
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connection with the Software, such offer is hereby made, and you may
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exercise it by contacting GitHub: https://github.com/contact.
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Unless otherwise agreed to in writing with GitHub, your agreement with
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GitHub will always include, at a minimum, these Terms. Open source
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software licenses for the Software's source code constitute separate
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written agreements. To the limited extent that any open source
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software license expressly supersedes these Terms, such open source
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license governs your use of the applicable component(s) of the
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Software subject to such license.
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## GitHub Trademarks
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These Terms do not grant any right or license to use any of GitHub's
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trademarks or logos, including, without limitation, the names GitHub
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and CodeQL and any Software logo designs in the "logos" folder of the
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Software. You agree not to display or use any of these trademarks or
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logos in any manner without GitHub's prior written permission, except
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as allowed by GitHub's Logos and Usage Policy located at
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https://github.com/logos. GitHub reserves all right, title and
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interest in and to all GitHub trademarks and logos.
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## Additional Services
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Auto-Updates: The Software may include an auto-update service. If the
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Software automatically enables such service (or, if it is not
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automatically enabled and you choose to use it), GitHub will
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automatically update the Software when a new version is available.
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## Support
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Because the Software is "as-is," GitHub may not provide support for it.
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## Export Control
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Customer will comply with all applicable export and import laws and
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regulations that apply to the Software.
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## Disclaimer; Limitations of Liability
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THE SOFTWARE, INCLUDING ANY ADDITIONAL SERVICES, IS PROVIDED ON AN
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"AS-IS" BASIS, AND GITHUB GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
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CONDITIONS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GITHUB
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DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE SOFTWARE IS
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AT YOUR SOLE RISK.
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TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND
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AND AGREE THAT (1) YOU CAN RECOVER DIRECT DAMAGES RELATING TO THE
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SOFTWARE, INCLUDING ANY ADDITIONAL SERVICES, UP TO U.S. $5.00 FROM
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GITHUB AND ITS SUPPLIERS, AND (2) GITHUB WILL NOT BE LIABLE FOR ANY
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INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
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INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF PROFITS,
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GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GITHUB HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATING TO THE
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SOFTWARE, INCLUDING ANY ADDITIONAL SERVICES.
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## Miscellaneous
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_No Waiver._ The failure of GitHub to exercise or enforce any right or
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provision of these Terms will not constitute a waiver of such right or
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provision.
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_Entire Agreement._ These Terms, together with any open source
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software licenses referenced above, constitute the entire agreement
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between you and GitHub regarding your use of the Software, superseding
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any prior agreements between you and GitHub (including, but not
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limited to, any prior versions of these Terms) regarding such use.
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_Governing Law._ You agree that these Terms and your use of the
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Software are governed by the laws of the State of California and any
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dispute relating to the Software or your use thereof must be brought
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in a tribunal of competent jurisdiction located in or near San
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Francisco, California.
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_Modifications._ These Terms may only be modified by a written
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amendment signed by an authorized representative of GitHub, or by the
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posting by GitHub of a revised version.
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_Contact Us._ Questions about these Terms? Contact us at
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https://support.github.com/contact.

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