GitLab for Education Program Agreement
Education Program Agreement
Date of last revision: 2022/11/16
This Education Program Agreement (“Agreement”) is between GitLab Inc. with offices at 268 Bush Street, Suite 350, San Francisco, CA 94104 (“GitLab”), and the Educational Institution (as defined below) electronically accepting this Agreement (“Member”). This Agreement is entered into on the earlier of, (a) Member clicking “Agree” or “Yes” to the terms of this Agreement to gain initial access to, or use of, the Software or (b) Member is given access to the Software pursuant to the requirements of the GitLab for Education Program (“Effective Date”).GitLab and Member each shall be referred to as a “Party” and collectively as the “Parties”.
1. DEFINITIONS
“Affiliate” means any entity(ies) controlling, controlled by, and/or under common control with a party hereto, where “control” means the ownership of more than 50% of the voting securities in such entity.
“Commercial Terms” means the GitLab Subscription Agreement located at https://about.gitlab.com/terms/, which shall only be applicable in the event: (i) Member wishes to purchase the Software, or (ii) Member uses the Software in any manner other than the Acceptable Purpose (as set forth in Section 2 below).
“Community Edition Software” means the publicly available, community-developed open-source software and components which may be provided with the Software.
“Educational Institution” means an organization that: (i) has been accredited or officially recognized by an authorized governmental agency within its applicable local, state, provincial, federal or national government; (ii) has the primary purpose of providing structured, formal education and training to its enrolled students or participants; (iii) issues recognized credentials, which may include degrees (such as associate, bachelor’s, or graduate degrees), diplomas, certificates, or similar formal qualifications; and (iv) is a non-profit organization.
“GitLab for Education Program” means the program guidelines and overview as found at https://about.gitlab.com/solutions/education/join/ as updated from time to time, which include directions, rules and requirements for participation.
“Software” means software, and other branded offerings made available by GitLab or its Affiliate(s), including but not limited to, GitLab’s DevOps Lifecycle Application Platform.
“Instructional Use” means activities directly related to learning, training, or development including academic instruction that are part of the instructional functions of the Educational Institution.
“Intellectual Property Rights” means all intellectual property rights throughout the world, including, without limitation, patents, copyrights, Trademarks, trade secrets and contractual or other rights in confidential information, moral rights, rights of privacy and publicity, and any other intellectual and industrial property and proprietary rights including registrations, applications, renewals and extensions of such rights worldwide.
“Non-Commercial Academic Research” means not-for-profit research projects, which are not intended to, or do not in fact, produce results, works, services, or data for commercial use or the sole benefit of the Educational Institution or any third-party.
“Member Content” is all software, information, content and data provided by or on behalf of Member or made available or otherwise distributed through the use of the Software.