

# Gitpod Self-Hosted Free License Terms and
# Gitpod Enterprise Source Code License


### 1 Preamble

1.1 These Software Licensing Terms (“Terms”) provide the terms and conditions
that govern usage of the Software Gitpod Self-Hosted Free Edition in source and
binary form (“Software”). The Software is provided by Gitpod GmbH, Am
Germaniahafen 1, 24143 Kiel (“Gitpod”). By downloading or using to the
Software, you agree to be bound by the following Terms.

### 2  Scope of Terms

2.1 These Terms apply to the usage of the Software, which is designed to be used
for business purposes.

2.2 These Terms apply to the binary code and to the source code of the Software,
unless the header of a source file explicitly refers to a different license.

2.3 These Terms apply unless you have a separate agreement with Gitpod in
written form that explicitly supersedes these Terms.

### 3 License Fees

3.1 The use of the Software as described in Sec. 2 is free of charge. It is
however limited to the features that are accessible without a license key and
may only take place in accordance with these Terms.

3.2 In case you want to use additional features or distribute the Software or
modifications to it without the restrictions of these Terms, please reach out
for a license key, which is subject to different legal and commercial terms.

### 4 Granting of Rights

4.1 Permission is hereby granted to obtain a copy of the Software and their
accompanying documentation to use, reproduce and execute the Software for
internal purposes in accordance with these Terms and to distribute the
unmodified software without charging a fee for it.

4.2 Subject to the conditions of these Terms, you may modify the Software,
including patching it. You agree that Gitpod retains all right, title and
interest in and to all such modifications and patches (“Modifications”). You may
only use, reproduce and execute the Modifications for internal purposes in
accordance with these Terms. You may not distribute Modifications to any third
party. Nonetheless, you may make such modifications publicly available as fork
of the repository which hosts the original version of the Software, however only
under these Terms and only, if accompanied by the complete machine-readable
source code of the Modifications and of the Software.

4.3 The copyright notices in the Software and this entire statement, including
the above license grant and these Terms must be included in all copies of the
Software (in whole or in part). Copyright notices, serial numbers and other
features aimed at product identification or control may not be removed, altered,
suppressed or otherwise bypassed under any circumstances. For the avoidance of
doubt, the software may neither in source nor in binary form be modified in
order to enable or activate any features of the software that would otherwise
require a valid license key.

4.4 Any other usage of the Software, in particular modifying, combining it with
other software and providing it to third parties on a commercial basis, is
prohibited. This includes any sale, lease, indirect use of the Software to the
benefit of third parties and its provision as a commercial service, or offering
it as a part of a commercial service or platform.

4.5 The Software remains the exclusive intellectual property of Gitpod at all
times. Mandatory rights resulting from applicable copyright law (e.g. related to
decompilation) remain unaffected.

4.6 Gitpod provides the source code of the Software on a voluntary basis and is
not obligated to do so. Furthermore, Gitpod is not obligated to provide any
updates or upgrades it may develop.

4.7 Please consider purchasing a license key (see above Sec. 3) for further
usage rights and additional features.

### 5 Telemetry

5.1 Gitpod intends to collect certain statistical data on the use of the
Software on an anonymized basis in the future with a future version of the
Software. The data will only be used to improve the Software and the data will
not be sold to third parties. Gitpod will inform about this with the future
release.

### 6 Warranty and Liability

6.1 THE SOFTWARE IS PROVIDED FREE OF CHARGE ON AN “AS IS” BASIS, WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.

6.2 IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE
BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF
OR OTHER DEALINGS IN THE SOFTWARE.

6.3 THIS LIMITATION OF LIABILITY DOES NOT EXCLUDE MANDATORY LEGAL GROUNDS FOR
LIABILITY SUCH AS LIABILITY FOR PERSONAL INJURY, GROSS NEGLIGENCE, WILLFUL
INTENT OR LAWS ON PRODUCT LIABILITY.

### 7 Third-party Components

7.1 The Software contains third-party components including open source software
(“Third-Party Components“). Parts of such Third-Party Components are subject to
deviating license terms (“Third-Party License Terms“). A list of such
Third-Party Components and its respective Third-Party License Terms are
available via the files License.third-party.npm.txt and
License.third-party.go.txt. No stipulation in these Terms is intended to impose
further restrictions on your use of such Third-Party Components licensed under
Third-Party License Terms.

7.2 Gitpod reserves the right to introduce deviating or additional Third-Party
License Terms in the course of modifications of the Software and in case of
updates for the Software to the extent necessary due to additional Third-Party
Components or due to changed Third-Party License Terms.

