EULA Effective Date: April 24, 2024

Please read this EULA carefully before using the Bitrise Runner.

By accessing and using the Bitrise Runner, as defined below, you (1) acknowledge your acceptance of this EULA, (2) represent that you are authorized to enter into this EULA on behalf of Customer, and (3)  agree  that  this  EULA  is  a  binding  and  enforceable  part  of  the  agreement  between  Bitrise  and Customer together with the Governing Agreement (as defined below).

The terms and conditions of this EULA and the Governing Agreement apply to your access and usage of the Runner.  In the event of any conflict between this EULA and the Governing Agreement, this EULA shall control and govern your download, installation, access and use of the Runner only.

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This  EULA,  as  may  be  amended  from  time  to  time,  is  between  you  or  the  entity  you  represent (hereinafter “Customer” or “you”) and Bitrise, and supplements the Governing Agreement, and made effective between the parties as of the EULA Effective Date or the Runner Effective Date, whichever is later.

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1. Definitions.

The following definitions apply in this EULA.  Any capitalized terms used in this EULA but not defined in this document have the meanings assigned them in the Governing Agreement. Where this EULA mentions “Services” it shall be understood as referring to “Bitrise Services” if “Services” is not defined in the Governing Agreement.

1.1 “Bitrise Add-on” has the meaning set forth in the Governing Agreement.  If for any reason “Bitrise Add-on” is not defined in your Governing Agreement, then “Bitrise Add-on” shall have the meaning set forth in the ToS.

1.2 "Build” means a specific and configurable Workflow set up by Customer for one of Customer’s apps.

1.3 “Customer Machines” mean the hardware or virtual environment, owned, controlled or provided by Customer or its licensors, on which Customer will install the Runner.

1.4  “Governing Agreement” means the terms and conditions governing your use of the Services, which are either (a) the currently effective ToS available at https://www.bitrise.io/terms, or (b) any other terms, other than the ToS, if such other terms are specified in a signed Order for Customers who are using the Services pursuant to a current Order.

1.5 “Runner” means the software component provided by Bitrise that enables Customer to connect to computing resources and run Bitrise Workflows.

1.6 “Runner concurrency” means the number of Builds that Customer can run simultaneously using the Runner.

1.7 “Runner Effective Date” means the date upon which the Customer downloads the Runner.

1.8  “Workflow”  means  a  set  of  Bitrise  Steps  (and  Add-ons,  if  applicable)  selected  and  ordered by Customer for one of Customer’s apps.

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2. Use of the Bitrise Runner Add-on.

2.1. Subject to Customer’s compliance at all time with this EULA and the Governing Agreement, including,  without  limitation,  payment  of  all  applicable  Fees,  Bitrise  grants  Customer  a  personal, limited, non-exclusive, non-transferable, revocable and terminable license to install and use the Runner on Customer Machines for the sole purpose of enabling  Customer to use the Services together with Customer Machines and not to exceed the number of Runner concurrencies licensed by Customer and set forth in the Plan or the Order.  Bitrise reserves the entire right, title, and interest in and to the Runner, and you do not acquire any ownership interest in, or any other Intellectual Property Rights to the Runner.

2.2. Runners  are  intended  solely  for  Customer’s  use  on  Customer  Machines.  Bitrise  has  no responsibility  for  the  Customer  Machines,  or  any  infrastructure  or  other  technology  of  any  kind contracted  for  between  Customer  and  its  suppliers  and  used  in  connection  with  the  Runner.    You represent and warrant that: (a) you own or license rights to any Customer Machines on which the Runner is installed, and (b) you will not violate the Bitrise Acceptable Use Policy. You agree that you are solely responsible for the provision, configuration, security, maintenance, and costs of Customer Machines, including, without limitation, for providing a working internet connection.

2.3. Runners are intended solely for use in conjunction with the Services pursuant to this EULA and the Governing Agreement. Unless Bitrise specifically notifies Customer in writing on a case-by-case basis  that  it  is  permissible  for  Customer  to  use  the  Runners  with  any  third-party  service  providing competitor services to Bitrise, that use is prohibited.

2.4. The Runner shall be considered Bitrise Add-ons under the Governing Agreement; pursuant to the Governing Agreement, the Runners are a part of the Services.

2.5. If  Customer  accesses  and  uses  the  Services  (including  the  Runners)  for  proof-of-concept purposes, Customer’s use of the Services shall be governed by the provisions of the ToS as applicable to Beta and Evaluation Offerings.

2.6. Customer will not, directly or indirectly through a third party, in whole or in part: (a) copy the Runner (except for a reasonable number of backup and archival copies of the Runner); or (b) use the Runner in a service bureau or application service provider environment, in a commercial time share arrangement,  or  for  purposes  of  providing  services  to  a  third  party.  Customer  shall  install  Runner updates promptly. Customer may only use Runners without installing updates at its own risk.

2.7. You acknowledge and agree that (a) the Runners may be inaccessible or inoperable due to periodic maintenance or repairs that Bitrise makes from time to time or due to force majeure events, and Bitrise has no control over, and assume no liability for, the availability of the Runners on a continuous or uninterrupted basis; (b) the Runners may not work on all Customer Machines available now or in the future; (c) Bitrise does not provide support for the Customer Machines; (d) Bitrise shall have no liability to you for any damage caused to Customer Machines resulting from your installation and/or use of the Runners.

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3. Termination

3.1 On any termination or expiration of a Plan or Order, Customer agrees to terminate the use of the Runners, and to permanently delete such Runners (and any copies thereof), including by permanently removing  such  Runners  from  any  Customer  Machines  on  which  the  Runners  are  installed.  Upon Bitrise’s request, Customer shall certify the above in writing.