PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. YOU HAVE THE RIGHT TO WITHDRAW ANY CONSENT PROVIDED PURSUANT TO THIS PRIVACY POLICY AT ANY TIME, BY EMAILING US AT: [email protected].

Introduction/General

This Privacy Policy explains what personal data Incredibuild Software Ltd. and its affiliates (“we” or “us”) collects, receives, uses, stores and/or process about you while using our website and the development acceleration technologies we provide (the “Services”) in the following use cases:

When you create an account and when you log in to the Services (including when you request to download our software)

• When you accept usage analytics in the Services
• When you purchase our products/Services
• When you contact us (e.g. customer support, need help, submit a support ticket)
• When you subscribe to our exclusive content
• When we process your job application
• When you attend a marketing event and provide us with your personal data
• When you exchange business cards with us
• When we obtain the personal data from third-party sources
• When we use the personal data of our service providers (e.g. contact details)
• When we use the personal data of our partners and customers (e.g. contact details)
• When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn)

“Personal data” means any information that can be used, alone or together with other data, to uniquely identify any living human being.

Protecting your privacy and personal data are of great importance to us. This Privacy Policy also explains why and what we do with your personal data information and how we handle the information. Please note that this is a master Privacy Policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals. Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.

What Information We Collect, Why We Collect It, and How It Is Used

Specific personal data we collect	Why is the personal data collected and for what purposes	Legal basis (GDPR only, if applicable)	Third parties with whom we share your personal data	Retention period	Consequences of not providing the personal data
When you create an account and when you log in to the Services (including when you request to download our software)
Personal information you provide when you register to open your account for the Services, such as your full name, company name, country and state, email address, user name for the Services, phone number, password for the Services, information on how you heard of us, industry segment, development team number, average compilation schedule, programming language, use of certain technologies, what feature interests you in our Services, organization title.	To open your account.For marketing purposes and adjusting the product to you needs.	Legitimate interest (e.g., to provide you with the Services) Consent.	Marketo (marketing automation) Salesforce (sales operation)	Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws.	Cannot open an account or download free trial. We cannot send marketing communications or adjust the product to your needs.
When you accept usage analytics in the Services
Information about your use the Services, such as technical information on the agent machine including hardware and operating system details, Incredibuild license information, information about the utilization of each coordinator agent such as active time, average cores used, task duration and information about the build processes, including command line, cores utilization and statistical information on tasks execution (available tasks, distribution ratio etc.).Metrics about your service usage and system utilization such as how much time Each Incredibuild Helper is allocated to processing.	To improve the Services and enhance your user experience.To monitor and improve utilization.	Legitimate interest (e.g. to improve the Services)	Amazon Web Services (storing the data)	Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws.	We cannot improve the Services or enhance your user experience.We cannot monitor and improve system utilization.
When you purchase our products and/or Services
Personal information if you make a purchase from us such as licensee’s mailing and email address, company name to be coded onto the license and a contact person on behalf of the licensee and credit card information.	To process your purchase	Legitimate interest (e.g. to complete your purchase) Consent	Non	Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws.	Cannot process your purchase
When you contact us (e.g. customer support, need help, submit a support ticket)
Personal and other information that you may provide if you submit a support ticket: studio name, operating system, Incredibuild major and build versions, Visual Studio version, installed third party products, Incredibuild License ID, XGE Interface used, distribution version.	To provide support and respond to your request	Legitimate interest (e.g. to deal with your requests and questions) Consent	Kayako	Non existing	Cannot respond to support request or respond to your request
When you subscribe to our exclusive content
Email address	To subscribe you to our newsletters, blogs and other exclusive content. To send you marketing communications.	Legitimate interest (e.g. to send you exclusive content) Consent.	Marketo (marketing)	Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws.	Cannot subscribe you to our newsletters, blogs and other exclusive content.
When we process your job application
Full nameEmail addressPhone numberCV / cover letterAny other information that you decide to provide/supply us	To assess you as a candidate. To analyze your application.	Processing is necessary for the performance of a contract (i.e. employment contract) to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract Legitimate interest (e.g. to assess you as a candidate)	Workable HR management	Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws.	Cannot assess you as a candidate. Cannot analyze your application.
When you attend a marketing event and provide us with your personal data
Full nameJob titleEmail addressCompany namePhone numberAny other information that you would provide us	To establish a business connection.	Consent Legitimate interest (e.g., to establish a business connection)	Marketo	Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws.	Cannot establish a business connection.
When you exchange business cards with us
Full nameJob titleEmail addressCompany namePhone numberAny other information that you provide us	To establish a business connection.	Consent Legitimate interest (e.g., to establish a business connection)	Salesforce	Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws.	Cannot communicate with you Cannot perform the applicable agreement
When we use the personal data of our service providers (e.g. contact details)
Full nameEmail addressPhone numberCompany nameAny other information that you decide to provide/supply us	To contact our service providersTo perform the applicable agreement	Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. Legitimate interest (e.g. perform the contract, send contract-related communications)	Salesforce	Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws.	Cannot communicate with you Cannot perform the applicable agreement
When we use the personal data of our Customers
NameLast nameEmail addressJob titleCompany namePhone numberContact informationAny other data you decide to supply in the context of the contract	Performance of the applicable contractContract-related communicationsSending updates	Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contractLegitimate interest (e.g. sending updates about Incredibuild)	Salesforce	Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws.	Cannot perform applicable contract. Cannot make Contract-related communications. Cannot send updates.
When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn)
Full nameEmail addressSocial media channelAny other data you decide to provide/supply	To respond to your requests in our social media channels To send you marketing communications	Legitimate interest (e.g. respond to your requests in our social media channels) Consent	Salesforce Marketo	Until we no longer need the Information and proactively delete it or you send a valid deletion request. Please note that we may retain it for a longer or shorter period in accordance with data retention laws.	Cannot respond your request in our social media channels Cannot send you marketing communications

Finally, please note that some of the abovementioned personal data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your personal data. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).

How We Protect and Retain Your Personal Data

Security – We have implemented appropriate technical, organizational and security measures designed to protect your personal data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

Retention of your personal data – In addition to the retention periods mentioned above, in some circumstances we may store your personal data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your personal data or dealings. We have an internal data retention policy to ensure that we do not retain your personal data perpetually.

How We Share Your Personal Data

In addition to the recipients described above, we may share your personal data as follows:

• With our authorized resellers either with your consent or in accordance with our legitimate interests which are balanced against your rights and freedoms for the purposes of establishing a business relationship and so that they can contact you regarding our services and product.
• To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
• If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your personal data to such third party (whether actual or potential) in connection with the foregoing events;
• In the event that we are acquired by, or merged with, a third-party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your personal data in connection with the foregoing events; and/or
• Where you have provided your consent to us sharing or transferring your personal data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).

If you want to receive the list of the current recipients of your personal data, please make your request by contacting us at [email protected].

Transfers of Personal Data

• Storage: Google Cloud in EMEA, Salesforce CLOUD EMEA
• Access from Israel: Access from Israel is covered by the European Commission’s Adequacy Decision regarding Israel. You can read more here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
• Internal transfers: Transfers within the Incredibuild Groupwill be covered by an internal processing agreement entered into by members of the Incredibuild Group(an intra-group agreement) which contractually obliges each member to ensure that personal data receives an adequate and consistent level of protection wherever it is transferred to.
• External transfers: Where we transfer your personal data outside of EU/EEA (for example to third parties who provide us with services), we will obtain contractual commitments from them to protect your personal data. Some of these assurances are well recognized certification schemes like the EU – US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States.

Your Rights

The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR:

• You have the right to access personal data we maintain about you – your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
• You have the right to request that we rectify any personal data we hold that is inaccurate or misleading.
• You have the right to request the erasure/deletion of your personal data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your personal data, for example for the establishment, exercise or defense of legal claims.
• You have the right to object, to or to request restriction, of the processing;
• You have the right to data portability. This means that you may have the right to receive your personal data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
• You have the right to object to profiling;
• You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
• You also have a right to request certain details of the basis on which your personal data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
• You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence). We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.

You can exercise your rights by contacting us at https://www.incredibuild.com/privacy-control-center. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

Deleting your account: Should you ever decide to delete your account, you may do so here. If you terminate your account, any association between your account and personal data we store will no longer be accessible through your account. However, given the nature of sharing on certain services, any public activity on your account prior to deletion will remain stored on our servers and will remain accessible to the public.

Information Regarding Children

We do not offer our products or services for use by children and, therefore, we do not knowingly collect personal data from, and/or about children under the age of eighteen (18). If you are under the age of eighteen (18), do not provide any personal data to us without involvement of a parent or a guardian. For the purposes of the GDPR, we do not intend to offer information society services directly to children. In the event that we become aware that you provide personal data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at [email protected].

If we become aware that a child under age 18 has provided us with personally identifiable information, we will remove it.

Interaction with Third Party Products

We enable you to interact with third party websites, mobile software applications and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third-Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third-Party Service.

Log Files

We use log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information.

Analytic Tools

Google Analytics. The Website and Services uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with personal information we collect. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

Specific Provisions Applicable Under California Privacy Law

California Privacy Rights:California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]. Please note that we will respond to one request per customer each year, unless otherwise required by law.

Our California Do Not Track Notice: We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Services.

Deletion of Content from California Residents:If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or personal information you have publicly posted. If you wish to remove such content or personal information and you specify which content or personal information you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you may not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or personal information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

Changes to This Policy

We may update this policy from time to time at our sole discretion. We will notify you about significant changes in the way we treat information by sending a notice to the primary email address specified you provided us and by placing a prominent notice on our website for a certain period of time, and require your consent if required by law, in light of the nature of the changes.

If you do not agree to be bound by the terms of the new or modified Privacy Policy, you agree to stop using the Services or the application, as applicable.

Contact Us

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at [email protected].

• Data controller: Incredibuild Software Ltd

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND REGISTERING FOR, ACCESSING AND/OR USING THE INCREDIBUILD SOFTWARE (“SOFTWARE“).

BY SELECTING THE BOX “I AGREE”, OR OTHERWISE DOWNLOADING, ACCESSING AND/OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU, ON YOUR OWN BEHALF AS AN INDIVIDUAL AND ON BEHALF OF YOUR EMPLOYER OR ANOTHER LEGAL ENTITY (COLLECTIVELY “LICENSEE“), HAVE READ AND UNDERSTOOD AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE “AGREEMENT“), AND ARE ENTERING INTO A BINDING LEGAL AGREEMENT WITH INCREDIBUILD SOFTWARE LTD. (“INCREDIBUILD“). LICENSEE REPRESENTS AND WARRANTS THAT LICENSEE IS AT LEAST 18 YEARS OLD AND, IF LICENSEE IS ENTERING INTO THIS AGREEMENT ON BEHALF OF ITS EMPLOYER OR OTHER LEGAL ENTITY, THAT LICENSEE HAS FULL AUTHORITY TO BIND SAID EMPLOYER OR OTHER LEGAL ENTITY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT OR DO NOT HAVE AUTHORITY TO BIND YOUR EMPLOYER OR OTHER LEGAL ENTITY, PLEASE DO NOT ACCEPT THIS AGREEMENT OR ACCESS OR USE THE SOFTWARE. LICENSEE HEREBY WAIVES ANY APPLICABLE RIGHTS TO REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT NOT PROHIBITED UNDER APPLICABLE LAW.

1. LICENSE

The specific use rights granted to Licensee are as follows, depending on the type of license Licensee has acquired under the applicable Quote. For the purpose of this Agreement Quote means, any written or electronic order form (i) issued by Incredibuild and agreed to by Licensee by execution, or (ii) issued by Licensee pursuant to a proposal made by Incredibuild to Licensee.

1.1 Subscription License. Subject to Licensee’s compliance with the terms and conditions of this Agreement (including payment obligations), Incredibuild grants to Licensee a non-exclusive, non-sublicensable, non-transferable license to use the Software during the License Term for Licensee’s internal business purposes. The license to the Software is limited to the number of agents and solutions and any other software editions or modules as designated in the Quote.

1.2 Evaluation License. Subject to Licensee’s compliance with the terms and conditions of this Agreement, Incredibuild may grant Licensee, at its sole discretion, a non-exclusive, non-sublicensable, non-transferable, free of charge limited license to use Incredibuild Free Dev Software for a period of 30 days (unless terminated earlier by either party according to Section ‎11 below) (“Evaluation Period”), for Licensee’s internal trial use and evaluation purposes in order evaluate if to purchase a subscription license. The evaluation license to the Software is limited to 5 agents and solution for VS, Make&Build and Dev Tools. At any time during the Evaluation Period, or upon expiration of the Evaluation License, Incredibuild and Licensee may agree in writing by execution of an applicable Quote to enter into a License to the Software, subject to payment of the applicable License Fee, the terms of this Agreement and the term set forth in the said Quote.

1.3 FreeDev License. Subject to Licensee’s compliance with the terms and conditions of this Agreement, Incredibuild may grant Licensee, at its sole discretion, a non-exclusive, non-sublicensable, non-transferable, free of charge limited license to use 1 agent of up to 16 logical cores and certain solutions of the Software as defined by Incredibuild for a period specified by Incredibuild, provided the terms of Section ‎11 below, for Licensee’s internal business purposes. The free license to the Software is limited to one copy of the Software into a single computer of the Licensee per corporation.

FOR THE AVOIDANCE OF DOUBT THE SOFTWARE PROVIDED UNDER THE EVALUATION AND/OR FREEDEV LICENSE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. INCREDIBUILD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL INCREDIBUILD BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INCREDIBUILD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. PROHIBITED USES.

Except as specifically permitted herein, without the prior written consent of Incredibuild, Licensee must not, and shall not allow any Permitted User (as defined below) or any third party to, directly or indirectly: (i) copy, modify, create derivative works of or distribute any part of the Software (including by incorporation into its products) other than expressly permitted by law notwithstanding a contractual obligation to the contrary; (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share Licensee’s rights under this Agreement with any third party; (iii) use the Software in connection with any “open source” or “copyleft” software in a manner that would require Incredibuild to disclose the source code of the Software to any third party; (iv) disclose the results of any testing or benchmarking of the Software to any third party; (v) disassemble, decompile, reverse engineer or attempt to discover the Software’s source code or underlying algorithms other than expressly permitted by law notwithstanding a contractual obligation to the contrary; (vi) knowingly use the Software in a manner that violates or infringes any rights of any third party, including but not limited to, privacy rights, publicity rights or intellectual property rights; (vii) remove or alter any trademarks or other proprietary notices related to the Software; (viii) circumvent, disable or otherwise interfere with security-related features of the Software or features that enforce use limitations; (ix) export, make available or use the Software in any manner prohibited by applicable laws (including without limitation export control laws); and/or (x) knowingly transmit any malicious code (i.e., software viruses, Trojan horses, worms, malware or other computer instructions, devices, or techniques that erase data or programming, infect, disrupt, damage, disable, or shut down a computer system or any component of such computer system) or other unlawful material in connection with the Software.

The usage of the Software is subject to usage limits as defined in Quote. If Licensee wishes to exceed its contractual usage limit, Licensee shall request additional usage scope of the applicable service of the Software and submit such request to Incredibuild through email or the online store. Incredibuild may approve or reject the submission at its sole discretion in 7 days. Any extra charges and fees shall be provided by Incredibuild and Licensee shall pay the invoice for excess usage.

Licensee will prevent unauthorized access to or use of the Software and notify Incredibuild promptly of any such unauthorized access or use.

3. PERMITTED USER.

The Software may be used only by Licensee’s employees who are explicitly authorized by Licensee to use the Software (each, a “Permitted User”). Licensee will ensure that the Permitted Users comply with the terms of this Agreement; and will be fully responsible for any breach of this Agreement by a Permitted User. Unauthorized access or use of the Software must be immediately reported to Incredibuild.

4. INTELLECTUAL PROPERTY RIGHTS.

The Software is not for sale and is the Incredibuild’s sole property. All right, title, and interest, including any intellectual property rights evidenced by or embodied in, attached, connected, and/or related to the Software and any and all improvements and derivative works thereof are and shall remain owned solely by Incredibuild or its licensors. This Agreement does not convey to Licensee any interest in or to the Software other than a limited right to use the Software in accordance with Section ‎1. Nothing herein constitutes a waiver of Incredibuild’s intellectual property rights under any law.

If Incredibuild receives any feedback (e.g., questions, comments, suggestions or the like) regarding the Software (collectively, “Feedback”), all rights, including intellectual property rights in such Feedback shall belong exclusively to Incredibuild and that such shall be considered Incredibuild’s Confidential Information and Licensee hereby irrevocably and unconditionally transfers and assigns to Incredibuild all intellectual property rights it has in such Feedback and waives any and all moral rights that Licensee may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Company at its sole discretion, and that Incredibuild in no way shall be obliged to make use of any kind of the Feedback or part thereof.

Portions of the Software include third party open source software that is subject to third party terms and conditions (“Third Party Terms“). A list of any third party open source software and related Third Party Terms is available at https://docs.incredibuild.com/win/latest/windows/open_sources.html (Windows), https://docs.incredibuild.com/lin/latest/linux/open_sources.html (Linux) as may be updated from time to time. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Agreement to the contrary, Company makes no warranty or indemnity hereunder with respect to any open source software.

Any generic and anonymous information, which is derived from the use of the Software (i.e., metadata, aggregated and/or analytics information) which is not personally identifiable information is Incredibuild’s exclusive property and may be used for any purpose including, but not limited to for development and/or for statistical purposes.

5. SUPPORT.

During the License Term (as defined below) of a Subscription License, subject to Licensee’s  compliance with its obligations under this Agreement (including payments obligations) hereunder, Incredibuild will provide Licensee the following maintenance and support services for all Software products listed in the Quote referencing this Agreement: (i) assisting in the operation of the Software, and (ii) assisting in verifying the causes of suspected errors. Maintenance and support services shall be available by e-mail based only during the operating hours of Incredibuild at the local support center (Sun-Thu, 9:00 am – 5:00 pm, GMT+2, not including holidays). Incredibuild will use commercial reasonable efforts to respond to Licensee as soon as reasonably possible after receipt of Licensee’s request for support. Nothing in this Agreement shall be construed as to require Incredibuild to dispatch personnel to Licensee’s site or otherwise provide on-site services.

Incredibuild maintenance and support obligation shall not apply if the failure of the Software results from or is otherwise attributable to: (i) repair, maintenance or modification of the Software by persons other than Incredibuild or its authorized contractors; (ii) accident, negligence, abuse or misuse of the Software; (iii) use of the Software other than in accordance with the Software’s documentation; (iv) Licensee’s failure to implement Revision provided by Incredibuild specifically to avoid such failure; or (v) the combination of the Software with equipment or software not authorized or provided by Incredibuild. Incredibuild may from time to time provide updates or upgrades to the Software (each a “Revision“), but are not under any obligation to do so.  Such Revisions will be supplied according to Incredibuild’s then-current policies. All references herein to the Software shall include Revisions.  This Agreement shall govern any Revisions that replace or supplement the original Software, unless the Revision is accompanied by a separate license agreement which will govern the Revision.

6. PAYMENT.

6.1 License Fee. Licensee’s use of the Software is subject to up-front payment in full of the license fees set forth in the Quote. Licensee acknowledges that the license fee during any Renewal Term will, unless set forth in the Quote, be determined by Incredibuild’s then-current license fees.

All fees are stated, and shall be paid, in US Dollars, are non-refundable and are exclusive of all taxes, levies, or duties, which are Licensee’s responsibility. The payment methods are set forth in the Quote.

6.2 Late Payment. If Licensee does not pay by the due date, the overdue amount shall be subject to a late fee equal to 1% per month or, if less, the maximum amount allowed by applicable law and/or Incredibuild may also stop providing the services through the Software until the whole amount is paid and require guarantee at its discretion as a condition for continuing the provision of the services.

6.3 Taxes. All amounts payable hereunder shall not be subject to any set-off or deduction. All fees are exclusive of any applicable taxes, duties and similar governmental charges, and, except with respect to income taxes of Incredibuild, Licensee is responsible for payment of all such amounts, including sales tax, value added tax (VAT), withholding taxes, export, import and other duties imposed by any governmental agency in connection with this Agreement. Licensee agrees to hold harmless Incredibuild from all claims and liability arising from Licensee’s failure to report or pay such taxes, duties or other governmental charges.

7. MUTUAL WARRANTIES.

Each party represents and warrants that it is duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or organization; and that the execution and performance of this Agreement will not conflict with other agreements to which it is bound or violate applicable law.

8. CONFIDENTIALITY.

Each party may have access to certain non-public and/or proprietary information of the other Party, in any form or media, including without limitation trade secrets and other information related to the products, software, technology, data, know-how, or business of the other party, and any other information that a reasonable person should have reason to believe is proprietary, confidential, or competitively sensitive (the “Confidential Information”). Each party shall take measures, at least as protective as those taken to protect its own confidential information, but in no event less than reasonable care, to protect the other party’s Confidential Information from disclosure to a third party. The receiving party’s obligations under this Section, with respect to any Confidential Information of the disclosing Party, shall not apply to and/or shall terminate if such information: (a) was already lawfully known to the receiving party at the time of disclosure by the disclosing party; (b) was disclosed to the receiving party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the receiving party has become, generally available to the public; or (d) was independently developed by the receiving party without access to, or use of, the disclosing party’s Confidential Information. Neither party shall use or disclose the Confidential Information of the other Party except for performance of its obligations under this Agreement (“Permitted Use”). The receiving party shall only permit access to the disclosing party’s Confidential Information to its respective employees, consultants, affiliates, agents and subcontractors having a need to know such information in connection with the Permitted Use, who either (i) have signed a non-disclosure agreement with the receiving Party containing terms at least as restrictive as those contained herein or (ii) are otherwise bound by a duty of confidentiality to the receiving party at least as restrictive as the terms set forth herein. The receiving party will be allowed to disclose Confidential Information to the extent that such disclosure is required by law or by the order or a court of similar judicial or administrative body, provided that it notifies the disclosing party of such required disclosure to enable the disclosing party to seek a protective order or otherwise prevent or restrict such disclosure. All right, title and interest in and to Confidential Information are and shall remain the sole and exclusive property of the disclosing Party.

LIMITED WARRANTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ALL RELATRED SERVICES ARE PROVIDED ON AN “AS IS” BASIS. INCREDIBUILD HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INCREDIBUILD DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

9. LIMITATION OF LIABILITY.

LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. INCREDIBUILD ASSUMES NO LIABILITY FOR THE COST OF ANY SERVICE OR REPAIR IF THE SOFTWARE IS DEFECTIVE. INCREDIBUILD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, REPUTATION, OR PROFITS, DATA, OR DATA USE.

EXCEPT FOR THE INCREDIBUILD’S INDEMNIFICATION OBLIGATION UNDER SECTION ‎10; INCREDIBUILD’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID TO INCREDIBUILD IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. FOR CLARITY, THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO PAYMENTS DUE TO INCREDIBUILD UNDER THIS AGREEMENT.

THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO LICENSEE.

10. INDEMNIFICATION.

Incredibuild agrees to defend, at its expense, any third party action or suit brought against the Licensee alleging that the Software, when used as permitted under this Agreement, infringes intellectual property rights of a third party (“IP Infringement Claim”); and Incredibuild will pay any damages awarded in a final judgment against the Licensee that are attributable to any such claim, provided that (i) the Licensee promptly notifies Incredibuild in writing of such claim; and (ii) Licensee grants Incredibuild the sole authority to handle the defense or settlement of any such claim and provides Incredibuild with all reasonable information and assistance, at Incredibuild’s expense. Incredibuild will not be bound by any settlement that the Licensee enters into without Incredibuild’s prior written consent.

If the Software becomes, or in Incredibuild’s opinion is likely to become, the subject of an IP Infringement Claim, then Incredibuild may, at its sole discretion: (a) procure for Licensee the right to continue using the Software; (b) replace or modify the Software to avoid the IP Infringement Claim; or (c) if options (a) and (b) cannot be accomplished despite Incredibuild’s reasonable efforts, then Incredibuild may terminate this Agreement and in such event accept return of the affected Software and provide a refund for any amount pre-paid by Licensee for such returned Software for the remaining unused period of the license.

Notwithstanding the foregoing, Incredibuild shall have no responsibility for IP Infringement Claims resulting from or based on: (i) modifications to the Software made by a party other than Incredibuild or its designee; (ii) the Licensee’s failure to implement software updates provided by Incredibuild specifically to avoid infringement; or (iii) combination or use of the Software with equipment, devices or software not supplied by Incredibuild or not in accordance with its documentation.

This Section states Incredibuild’s entire liability, and Licensee’s exclusive remedy, for claims or alleged or actual infringement.

This Section shall not apply to Licensee for Evaluation License and/or FreeDev License.

11. TERM AND TERMINATION.

This Agreement shall enter into force and effect on the earlier of: (i) the date that Licensee commences access to or use of the Software; or (ii) the date that Incredibuild receives payment of any applicable License Fee, and, unless terminated earlier in accordance with the terms of this Section, shall continue until expiration of the initial license period specified in the Quote (the “Initial License Term“). Thereafter, this Agreement shall automatically renew for successive license of one (1) year periods (each a “Renewal Term“, and together with the Initial Term, the “License Term“) unless Incredibuild or Licensee provides written notice to the other party within sixty (60) days prior to the expiration of the then current term of its intention not to renew this Agreement. If Licensee continues to use the Software past any license period renewal date, Licensee shall be deemed to have renewed this Agreement for the corresponding Renewal Term.

Notwithstanding the above, the duration of the Evaluation License and the FreeDev License shall be in accordance with the provisions of Section 1 provided that Incredibuild may at any time terminate the Evaluation License and the FreeDev License immediately upon notice to Licensee (email acceptable).

Either Party may terminate this Agreement with immediate effect if: (a) the other party materially breaches this Agreement and such breach remains uncured fifteen (15) days after having received written notice thereof; or (b) the other party is unable to pay its debts or becomes insolvent, is the subject of an order made or a resolution passed for its administration, winding-up or dissolution (otherwise than for the purpose of a solvent amalgamation or reconstruction), or is the subject of any events or circumstances analogous to the foregoing; or (c) Licensee has received the Software pursuant to an Evaluation and/or FreeDev License.

Upon termination or expiration of this Agreement Licensee will: (i) immediately cease use of the Software; (ii) return the Software and all copies thereof, as well as the documentation to Incredibuild; (iii) erase or otherwise destroy all copies of the Software in its possession, which is fixed or resident in the memory or hard disks of its computers; and (iv) return to Incredibuild any and all Confidential Information then in its possession. Termination of this Agreement shall be without prejudice to the rights and remedies of either Party which have accrued up to the date of termination. Sections ‎4 (Intellectual‎12 Property Rights), ‎8 (Confidentiality), ‎0 (Limited Warranties)‎9 (Limitation of Liability), ‎13 (Verifying Compliance) and ‎15 (Miscellaneous) shall survive the termination of this Agreement.

12. USE OF DATA.

Upon registration to use the license to the Software, Incredibuild may request that Licensee provide, inter alia, contact information, full name, organization name, phone number, valid email address. Incredibuild uses this information to provide Licensee with the license file to the Software and contact Licensee to provide Licensee with important information, software updates, required notices and marketing promotions. Incredibuild also reserves the right to use Licensee name and logo to present Licensee as a customer in Incredibuild’s website and other social media advertising or marketing promotions Incredibuild makes from time to time.

13. VERIFYING COMPLIANCE.

Licensee agrees to keep all usual and proper records relating to the Software Licensee runs. Incredibuild may request that Licensee conduct an internal audit of all copies of the Software in use throughout Licensee’s organization, comparing the number of copies of the Software in use to the number of effective licenses issued in Licensee’s name under the Quote, at any time up to one year after the termination or expiration of the applicable License granted. Following any audit, Licensee agrees to deliver to Incredibuild a written statement signed by Licensee’s authorized representative, certifying that either (i) Licensee has sufficient licenses to permit all usage disclosed by the audit or (ii) Licensee has ordered sufficient licenses to permit all usage disclosed by the audit. By requesting an audit, Incredibuild does not waive its rights to enforce this Agreement or to protect our intellectual property by any other means permitted by law.

14. EXPORT CONTROL.

Licensee acknowledges that the laws and regulations of the United States, as well as other foreign authorities, may restrict the export and re-export of certain commodities and technical data, including the Software and documentation. Licensee agrees not to export or re-export the Software and documentation in any form without the appropriate United States and foreign governmental licenses.

15. MISCELLANEOUS.

This Agreement represents the complete agreement concerning the subject matter hereof and may be amended only by a written agreement executed by both parties. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that Party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any use of the Software by an agency, department, or other entity of the United States government shall be governed solely by the terms of this Agreement. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by Licensee but may be assigned by Incredibuild without restriction or notification. Any assignment in breach of this Agreement shall be null and void. This Agreement shall be governed by and construed under the laws of the State of Israel. The competent courts of Tel- Aviv, Israel shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to this Agreement. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties. Incredibuild will not be liable for any delay or failure to provide the Services resulting from circumstances or causes beyond the reasonable control of the Company.

LICENSEE EXPRESSLY ACKNOWLEDGES THAT LICENSEE HAS READ THE TERMS OF THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY SIGNING THIS AGREEMENT, OR CLICKING “I AGREE”, “ACCEPT” OR SIMILAR BUTTON, AND/OR CONTINUING TO DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE (AS APPLICABLE), LICENSEE EXPRESSLY CONSENTS TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

This topic describes the end-of-life policy for Incredibuild Software Ltd.’s (“Incredibuild”) products, as may be amended from time to time by Incredibuild.

OVERVIEW

As part of any technology products’ lifecycle, products will eventually reach their natural end of life, mainly due to adoption and development of new and improved technologies, or outdated code and technology. Incredibuild is committed to ensuring a seamless and transparent end of life process to set the appropriate expectations of both our customers and partners.

This policy outlines Incredibuild’s development and support guidelines for each product version’s lifecycle. The objective of this policy is to assist our customers in making informed purchase, support and upgrade decisions.

Incredibuild regularly releases new product versions with new features and security fixes. We recommend upgrading to the latest version/Patch release when it is available in order to benefit from improved security and stability, and also to maintain support for backward compatibility in future upgrades.

Incredibuild’s support and maintenance services are provided according to Incredibuild’s End User License Agreement and are subject to payment of applicable fees.

RELEASE CONTENT

Type of Release	Description
Major	Usually includes major new features and/or significant software architectural changes.
Minor	Usually includes minor functionality modifications, enhancements and minor software architectural changes.
Patch	Usually includes bug fixes and minimal software adjustments, if needed.

VERSION SUPPORT LEVELS

Type of Version Support	Description
Standard Term Support (STS)	The products below are considered STS versions and have applicable end-of-life dates, as indicated under End of Life Dates below and in an applicable End of Life Notice.Incredibuild backports newly released critical security bug fixes through patches to STS versions during their development life.

END OF LIFE DEFINITIONS

Definition	Description
End of Support Date	Refers to the final date on which Incredibuild ceases to provide helpdesk technical support for a product version.Note that in some cases, resolving an issue in a certain version may require upgrading to a newer version. Incredibuild will make commercially reasonable efforts to work with customers that require porting fixes back to older versions. However, architectural changes between versions may be too significant or may include significant changes to third party software dependencies, which makes delivering a Patch to an older version impractical. In addition, architectural changes between versions may require upgrading through an intermediate version and a direct upgrade will not be available.
End of Sale Date	Refers to the date after which the version is no longer offered for sale. Following the End of Sale Date, no subscriptions (including renewals) with a term exceeding beyond such licenses applicable End of Support Date, will be sold.

END OF LIFE DATES

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INCREDIBUILD FOR WINDOWS

End of Support.  Incredibuild for Windows End of Support Date is the earlier of:

1. twelve (12) months following a newer Minor version release date, provided that in the first six (6) months following any version release date, support includes bugs and security fixes; and in the seventh through twelfth months following any version release date, support includes only security and critical Patches; or
2. a specific date, communicated in a designated notice.

End of Sale. Unless specifically communicated otherwise by Incredibuild, Incredibuild for Windows End of Sale Date is three (3) months following the applicable End of Life Date of any version, as communicated by Incredibuild in a designated notice.

Incredibuild for Windows Version 9. Incredibuild for Windows version 9 End of Life Date is December 31, 2023 (“v9 EOL Date”). Following the v9 EOL Date, the foregoing End of Support and End of Sale terms will apply. Additional information available at: https://dewv.incredibuild.com/eol-notice.

Note: Different Incredibuild for Windows versions support different Windows OS and/or Microsoft Visual Studio versions, all according to their then-in-effect terms, for as long as such versions are technically and commercially operatable and supported, and according to Incredibuild’s Supported Tools list, available at: https://docs.incredibuild.com/win/latest/windows/supported_tools.htm.

For more information, see our documentation site at: https://docs.incredibuild.com/, or contact us at: https://dewv.incredibuild.com/contact-us.

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INCREDIBUILD FOR LINUX

End of Support. Incredibuild for Linux End of Support Date is the earlier of:

1. twelve (12) months following a newer Minor version release date, provided that in the first six (6) months following any version release date, support includes bugs and security fixes; and in the seventh through twelfth months following any version release date, support includes only security and critical Patches; or
2. a specific date, communicated in a designated notice.

End of Sale. Unless specifically communicated otherwise by Incredibuild, Incredibuild for Linux End of Sale Date is three (3) months following the applicable End of Life Date of any version, as communicated by Incredibuild in a designated notice.

Note: Different Incredibuild for Linux versions support different coordinator machine OS, all according to their then-in-effect terms, for as long as such versions are technically and commercially operatable and supported, and according to Incredibuild’s Supported Tools list, available at: https://docs.incredibuild.com/lin/latest/linux/supported_platforms_tools.html?Highlight=tools. For more information, see our documentation site at: https://docs.incredibuild.com/index.html, or contact us at: https://dewv.incredibuild.com/contact-us.

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INCREDIBUILD FOR MAC

End of Support. Incredibuild for Mac End of Support Date is the earlier of:

1. twelve (12) months following a newer Minor version release date, provided that in the first six (6) months following any version release date, support includes bugs and security fixes; and in the seventh through twelfth months following any version release date, support includes only security and critical Patches; or
2. a specific date, communicated in a designated notice.

End of Sale. Unless specifically communicated otherwise by Incredibuild, Incredibuild for Mac End of Sale Date is three (3) months following the applicable End of Life Date of any version, as communicated by Incredibuild in a designated notice.

Note:Different Incredibuild for Mac versions support different coordinator machine OS and/or Xcode versions, all according to their then-in-effect terms, for as long as such versions are technically and commercially operatable and supported, and according to Incredibuild’s Supported Tools list, available at: https://docs.incredibuild.com/mac/latest/mac/supported_platforms_tools.html?Highlight=tools. For more information, see our documentation site at: https://docs.incredibuild.com/index.html, or contact us at: https://dewv.incredibuild.com/contact-us.

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INCREDIBUILD CLOUD.

Incredibuild Cloud support different cloud providers, according to their applicable then-in-effect terms, and as specifically stated in our documentation site, available at: https://docs.incredibuild.com/index.html.

End of Support. Incredibuild Cloud End of Support Date is the earlier of:

1. twelve (12) months following: (a) Incredibuild’s termination of any cloud provider’s files, products or features; (b) Cloud provider’s termination of any files, products or features; or (c) Incredibuild’s change of any on-prem settings, which require change of Incredibuild Cloud settings; provided that in the first six (6) months following any version release date, support includes bugs and security fixes; and in the seventh through twelfth months following any version release date, support includes only security and critical Patches; or
2. a specific date, communicated in a designated notice.

End of sale. Incredibuild Cloud End of Sale Date is subject to the applicable End of Sale Date of the corresponding Incredibuild on-prem product’s End of Sale Date (i.e., Incredibuild for Windows/Linux).

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BUILD CACHE.

Incredibuild Build Cache is available in different versions to support Incredibuild for Windows (version 10 only), and Incredibuild for Linux, and is subject to their applicable End of Support and End of Sale Dates.

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Last update: October 2023

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Except as specifically permitted herein, no portion of the information on this website may be reproduced in any form or by any means without the prior written permission from Incredibuild.

Use of software

The software and any related user documentation or printed materials that are made available by and through this website are the copyrighted work and trade secrets of Incredibuild. Use of the software is governed by the terms and conditions of the end-user software license agreement, which accompanies or is included with such software. You may not download, install, or copy any software unless you agree to the terms and conditions of the end-user software license agreement. If you do not agree to these terms and conditions, you are not authorized to use the software.

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2. The document may not be modified or altered in any way;
3. Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and
4. Incredibuild reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from Incredibuild.

Documents specified above do not include the design or layout of this website. Elements of this website are protected by intellectual property laws, and may not be copied, modified, or imitated in whole or in part.

Links to third party websites

The Incredibuild website may contain links to third party websites, which are not under the control of Incredibuild. Incredibuild has no responsibility or liability for and makes no representations whatsoever about any other website that you may have access to through the Incredibuild website. These linked sites are only for your convenience, and therefore, you access them at your own risk. The inclusion of such links does not imply that Incredibuild endorses or accepts any responsibility for the content or uses of such websites. Nonetheless, Incredibuild seeks to protect the integrity of its website and the links placed upon it, and therefore requests any feed back on not only its own site, but also third party links as well. Please email your feedback, including if a specific link does not work, to [email protected].

Warranties and Disclaimers

INCREDIBUILD DOES NOT WARRANT THE INFORMATION ON THIS WEBSITE, WHICH IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF DESIGN, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WITHOUT WARRANTY AS TO NON-INFRINGEMENT OR THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE INFORMATION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OBTAINED FROM USING THE INFORMATION ON THIS WEBSITE IS ASSUMED BY YOU. INCREDIBUILD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY PECUNIARY LOSS, ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION REFERENCED BY OR LINKED TO THIS WEBSITE, EVEN IF INCREDIBUILD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. INCREDIBUILD PERIODICALLY CHANGES THE INFORMATION HEREIN WHICH WILL BE INCORPORATED INTO NEW ADDITIONS OF THE WEBSITE. INCREDIBUILD MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCTS AND/OR INFORMATION DESCRIBED IN THIS WEBSITE AT ANY TIME AND WITHOUT PRIOR NOTICE.

 Last updated and effective as of May 24, 2018.