Cloud Compute Program

Rust Maintainer Cloud Compute Access Agreement #

This Rust Maintainer Cloud Compute Access Agreement (together with the other policies below, the “Agreement”) is a legal contract between (1) the Rust Foundation (“Foundation,” “we,” or “us”); and (2) you, the individual using the Services provided under this agreement. The Agreement governs your access to and use of the cloud compute services (the “Services”) made available by the Foundation to Rust maintainers for the purpose of developing, testing, researching, and debugging the Rust compiler and related tools (together, “Rust”).

By using the Services, you agree to be bound by this Agreement. You also agree to be bound by the Rust Foundation Privacy Policy (the “Privacy Policy”), and Code of Conduct (the “Code of Conduct”), each of which are incorporated into this Agreement. We may change the terms of this Agreement from time to time and will notify you of changes by posting new terms on the Foundation website. If you continue to use the Services following notice of any modifications, you acknowledge and agree to be bound by the modifications.

1. Services. #

1.1. Purpose. Foundation makes the Services available to you to support your contributions to the development and maintenance of Rust. Your use of the Services is subject to your compliance with the terms of this Agreement.

1.2. Accounts. To be eligible for an account, you must be at least 13 years old. You may not share your account with others; each individual person who uses the Services must use their own account. You are responsible for ensuring the security of your user login credentials, including the use of secure passwords. You agree to promptly notify us if you believe your account has been misused, or if your credentials are compromised.

1.3. Not a Backup or Storage Site. The Services are intended solely to provide access to compute resources to enable your contributions to Rust. They are not intended for use as a data backup or storage service and you are responsible for ensuring that you maintain copies of any materials uploaded to the Services.

1.4. Modifications. We may make changes to the Services or discontinue some or all of the Services without prior notification to you.

2. Use of the Services. #

2.1. Acceptable Use. The Services are intended to support your contributions to the open source Rust Project, including:

(a) development of improvements to the Rust language;

(b) development of tests for Rust and associated tools hosted by the Rust Project; and

(c) development of documentation for incorporation into the Rust code base.

2.2. Unacceptable Use. You agree not to use the Services to:

(a) violate any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;

(b) stalk, harass, or harm any individual or group;

(c) perform any resource-intensive activity unrelated to your Rust contributions, including data mining, cryptocurrency mining, or operating robots or similar data gathering or extraction methods;

(d) attempt to gain unauthorized access to any system, whether through hacking, password mining, or any other means; or

(e) infringe any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other right.

2.2. Suspension. If you use the Services in a manner that we determine is (a) contrary to the Acceptable Use Policy or Code of Conduct, or (b) harmful to the Services or other users of the Services, then we may suspend your account or limit your use of the Services.

3. Intellectual Property Rights. #

3.1. Your Content. “Content” means any materials you upload to the Services, whether they are owned by you or a third party, including text, data, information, software, graphics, videos, photographs, and other materials. As between you and the Foundation, you retain ownership of all Content that you post to the Services. You grant us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, and translate the Content, in whole or in part, solely as necessary to provide the Services to you and to improve the Services over time.

3.2. Third-Party Content. You agree that you will not post content owned by third parties (“Third-Party Content”) to the Services unless you have the right to do so. You agree to comply with the requirements of any license applicable to the Third-Party Content you post to the Services.

3.3. Feedback. If you send us any feedback related to the Services, including ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, or recommendations (collectively, “Feedback”), you grant us a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.

4. Data Privacy; Compliance with Laws. #

4.1. Data Privacy. Foundation’s use of personal information is subject to the Privacy Policy. You will not upload the personal information of any third party unless such third party has consented for you to provide it to us, and for us to use it consistent with the Privacy Policy. 

4.2. Compliance with Laws. You agree to comply with all laws and regulations that apply to your use of the Services, including without limitation all United States export controls, import controls, sanctions, anti-boycott, money laundering, data privacy, and other laws. If you use the Services outside the United States of America, you are solely responsible for following applicable local laws.

4.3. Electronic Communications. By using the Services, you consent to receiving electronic communications from Foundation. These electronic communications may include notices about the Services or updates to this Agreement. These electronic communications are part of your relationship with Foundation. You agree that any notices, agreements, disclosures or other communications that Foundation sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you do not want to communicate with Foundation electronically in the future, you must discontinue use of your account and the Services.

5. Term and Termination. #

5.1. Term. This Agreement takes effect on the date that you first access the Services and will remain in effect until terminated according to this Section.

5.2. Termination by you. You may terminate this Agreement at any time by notifying us that you wish to close your account and ceasing all use of the Services.

5.3. Termination by Foundation. If you breach this Agreement, it will terminate automatically without notice as of the date of your breach. We may terminate this Agreement at any time by closing your account; by otherwise disabling your access to the Services; or by attempting to provide you with notice of termination.

5.4. Effect of Termination. Upon the termination of the Agreement, you agree to cease all use of the Services. If the Agreement was terminated by you without breach, then you may request to have your account reinstated at any time, provided you are a Rust maintainer at the time of the request, and subject to the terms of this Agreement.

5.5. Survival. Sections 3, 5.4, 6.4, 7, 8, 9, and 10 of this Rust Maintainer Cloud Compute Access Agreement shall survive the termination of the Agreement.

6. Your Representations and Warranties. #

6.1. Authority. You represent that you are at least 13 years of age, and that you have all necessary authority and capacity to enter into this Agreement.

6.2. Your Account. You represent and warrant that all information you provide to Foundation in connection with your account and your use of the Services is true, complete, accurate and not misleading.

6.3. Your Content. You represent and warrant that you have all necessary rights, title and licenses to make the license grants specified herein with regards to Your Content, including all Third-Party Content. You represent and warrant that Your Content shall not violate the Acceptable Use Policy or the Code of Conduct.

6.4. Taxes. You are solely responsible for the payment of any and all taxes relating to your use of the Services, or to your receipt of anything of value in connection with the Services. You represent and warrant that under no circumstances will you take, or cause Foundation to take, any action that is inconsistent with the tax-exempt status or purpose of Foundation.

7. Disclaimer. #

THE SERVICES ARE PROVIDED ‘AS IS’, ‘AS-AVAILABLE’ AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM AND THE SERVICES IS WITH YOU, AND YOUR USE OF THE PLATFORM AND THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. FOUNDATION DISCLAIMS ALL WARRANTIES AND MAKES NO WARRANTIES, AND YOU ACKNOWLEDGE THAT YOU RECEIVE NO WARRANTIES WITH RESPECT TO THE PLATFORM AND THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. FOUNDATION PROVIDES NO GUARANTEE OF SUPPORT FOR THE PLATFORM OR THE SERVICES; NO COMMITMENT FOR A PARTICULAR SERVICE LEVEL, AVAILABILITY, UPTIME, RESPONSIVENESS OR CORRECTNESS; AND NO COMMITMENT THAT THE PLATFORM AND THE SERVICES WILL BE ERROR-FREE, FREE FROM VULNERABILITIES OR DEFECTS, UNINTERRUPTED, TIMELY, SECURE, OR THAT THE PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. FOUNDATION IS NOT RESPONSIBLE FOR ANY LOST OR MODIFIED CONTENT; YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND THE SERVICES, AND FOR MAKING ANY NECESSARY BACKUPS OF YOUR CONTENT.

8. Limitation of Liability. #

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOUNDATION AND ITS SERVICE PARTNERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, REVENUE, PROFITS, GOODWILL, USE OR OTHER ECONOMIC ADVANTAGE, OR FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE PLATFORM OR THE SERVICES OR ANY USE THEREOF, OR THIS AGREEMENT OR ANYTHING RELATING HERETO. THE FOREGOING LIMITATIONS OF LIABILITY ARE AN ESSENTIAL BASIS OF FOUNDATION’S DECISION TO OFFER THE PLATFORM AND THE SERVICES, AND SHALL APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH DAMAGES MAY BE CLAIMED; REGARDLESS OF WHETHER A PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND REGARDLESS OF WHETHER THE FOREGOING LIMITATIONS OF LIABILITY CAUSE ANY REMEDY TO FAIL IN ITS ESSENTIAL PURPOSE.

9. Indemnification. #

You agree to indemnify, defend and hold harmless Foundation and its directors, officers, employees, agents and representatives (the “Indemnified Parties”) from and against any and all costs, fees, damages, losses, liabilities, expenses, awards, claims, actions of any kind penalties, and expenses, including attorneys’ fees (collectively, “Losses”) arising from or relating to (a) your breach of the Agreement; (b) any claims that Your Content infringes or misappropriates any third party’s intellectual property rights, or that you violate any data privacy rights or other rights of a third party; or (c) your violation of any applicable laws or regulations. Foundation reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification hereunder and, in such case, you agree to cooperate with Foundation’s defense of such claim.

10. Miscellaneous. #

10.1. Entire Agreement. The Agreement constitutes the final, entire understanding and agreement of you and Foundation regarding your use of the Services. Any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. The Agreement may be modified by Foundation from time to time as set forth above, and shall not be modified by you except in a writing signed by both you and Foundation. In the event of a conflict between the terms comprising the Agreement, the following order of precedence shall apply: (1) the Privacy Policy; (2) the Code of Conduct; (3) the Acceptable Use Policy; and (4) this Rust Maintainer Cloud Compute Access Agreement.

10.2. Severability. If any provision of the Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of the Agreement shall nevertheless remain in full force and effect.

10.3. Waiver. Foundation’s failure or delay in exercising its rights under the Agreement shall not operate as a waiver of those rights or constitute a waiver of any prior, concurrent, or subsequent breach.

10.4. Choice of Law; Venue. Except to the extent applicable law provides otherwise, this Agreement shall be governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions.

10.5. Assignment. You may not assign the Agreement without Foundation’s prior written consent, and any purported assignment shall be null and void. Foundation may assign the Agreement in its discretion.

10.6. Force Majeure. Foundation shall not be liable for any delay, breach or failure to perform for reasons that are beyond its reasonable control.

10.7. Notices. Foundation may deliver legal notices required or permitted under the Agreement by sending written notice to you by electronic mail to the email address associated with your account, or by other notification to you within the Services. You may deliver legal notices to Foundation by email to contact@rustfoundation.org.