Terms of use

Last Updated: March 10, 2021

Your use of the OpenZeppelin Services is governed by this agreement (the "Terms"). The "Services" mean the websites located at https://openzeppelin.com/, https://defender.openzeppelin.com/, https://docs.openzeppelin.com, http://forum.openzeppelin.com, https://blog.openzeppelin.com/, as well as OpenZeppelin Contracts, OpenZeppelin Starter Kits, OpenZeppelin SDK and OpenZeppelin Defender, which is made available on a software-as-a-service basis ("Defender"), and including any documentation, blog posts, forums, features, tools and other materials offered from time to time by OpenZeppelin.

As used herein, "OpenZeppelin", "we", "our" or "us" means zOS Global Limited and/or its affiliates to the extent involved in providing the Services. Zeppelin Audits Ltd. is the affiliate responsible for Services related to security services and research.

1. Types of Users

1.1 OpenZeppelin has two different types of end users:

  • We call users who use the free versions of the Services "Free Users". While Free Users can access and use certain Services, they may have access to a more limited set of features and functionality than Paid Users.
  • We call users who use Defender as part of a paid subscription plan "Paid Users". The features and functionalities available to Paid Users are determined by the subscription tier.

We refer to these two types of end users of the Services collectively as "Users" or "you" for purposes of these Terms. Regardless of what type of User you are, these Terms create a legally binding agreement between you and OpenZeppelin and explain the rules governing use of the Services. Users of Services requiring accounts are responsible for all activities that occur from respective User accounts and for compliance with these Terms.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You agree to the Terms by clicking or tapping on a button indicating your acceptance, by accessing or using any Services, or by executing or making payment based on an ordering page or document that references these Terms. You understand and agree that OpenZeppelin will treat your use of the Services as acceptance of the Terms from that point onwards.

2.2 PLEASE READ THESE TERMS CAREFULLY AND KEEP A COPY FOR YOUR REFERENCE. THE SERVICES ARE OFFERED BY OPENZEPPELIN. THESE TERMS OF SERVICE GOVERN THE USE OF THE SERVICES AND APPLY TO ALL USERS ACCESSING OR USING THE SERVICES IN ANY WAY. BY ACCESSING THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH OPENZEPPELIN, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE COMPANY ON BEHALF OF WHICH YOU ARE ACTING. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICES.

2.3 PLEASE BE AWARE THAT THE DISPUTE RESOLUTION SECTION OF THESE TERMS BELOW CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION CLAUSE WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.

2.4 ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF CAYMAN ISLANDS, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.

3. Electronic Communications

3.1 Accessing the Services, including visiting the websites, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via the websites, satisfy any legal requirement that such communications be in writing. The foregoing does not affect your statutory rights.

3.2 Please refer to the Data Privacy Notice found on the websites for a complete explanation of how OpenZeppelin processes personal information. If you are under the age of 18, you may not use the Services, unless you have the permission of your parent or guardian.

4. Representations, Warranties, and Risks

4.1 The Services may be accessed from countries around the world and may contain references to Services and content that are not available in your country. OpenZeppelin makes no representations that the Services are appropriate or available for use in all locations. You acknowledge and agree that you may not use the Services if you are a person barred from using the Services under the laws of the country in which you are resident or from which you use the Services. Those who access or use the Services or content agree to do so at their own volition and acknowledge they are responsible for compliance with local law.

4.2 You acknowledge that the Services are subject to flaws and agree that you are solely responsible for evaluating any code provided or made available by OpenZeppelin. This warning and others later provided by OpenZeppelin in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Services.

4.3 By utilizing the Services, you represent and warrant that you understand the inherent risks associated with blockchain-based software systems. Any use or interaction with the Services could require a comprehensive understanding of computer science in order to appreciate inherent risks. You represent and warrant that you possess relevant knowledge and skills.

4.4 You acknowledge that the Services could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of OpenZeppelin to continue to offer or develop the Services, or which could impede or limit your ability to access or use the Services.

4.5 You acknowledge that cryptography and decentralized computing is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers or otherwise may present risks to blockchain-based technologies and the Services, which could result in improper functioning of the Services and the theft or loss of your property or other assets. OpenZeppelin does not guarantee or otherwise represent full security of the Services. By using the Services, you acknowledge these inherent risks.

4.6 You understand that Ethereum and other blockchain technologies and associated services, products and assets are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Ethereum or other blockchains. You acknowledge these risks and agree that OpenZeppelin cannot be held liable for such volatility, fluctuations or increased costs.

5. Intellectual Property

5.1 The content included within our Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in our Services, is the property of OpenZeppelin or its licensors, contributors, and suppliers and is protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, licences, legends or other restrictions contained in any such content, as well as those automatically granted under applicable law and agree not to: (a) distribute, transfer, grant sublicenses to, or otherwise make available the Services to third parties; (b) create modifications to or derivative works of the Services; (c) use or transmit the Services in violation of any applicable law, rule or regulation; or (d) access, use, or copy any portion of the Services (including but not limited to the logic and/or architecture thereof and any trade secrets included therein) to directly or indirectly develop, promote, distribute, sell or support any product or service that is competitive with the Services.

5.2 Some software used in the Services may be offered under an open source license that we will make available to you or we may make code available for download as open source software. You agree to be bound by, and comply with, any license agreement that applies to this open source software. You will not indicate that you are associated with OpenZeppelin in connection with any of your modifications or distributions of this open source software.

5.3 If you choose to provide feedback on Services, by doing so you agree and do thereby grant OpenZeppelin a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into our products and services.

6. Prohibited Uses

6.1 As a condition of your use of the Services, you warrant and covenant to OpenZeppelin that you will not use the Services in any way that (i) is unlawful, tortious or prohibited by these terms, (ii) could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services, (iii) interrupts, interferes with, destroys or limits the functionality of any computer software or hardware, application, blockchain, or telecommunications equipment in any way, or (iv) infringes or misappropriates any patent, trademark, trade secret, copyright or other proprietary rights. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

6.2 The Services were not designed or intended to process or manage any Protected Information. OpenZeppelin will not be responsible for damages associated with Protected Information created, stored, shared or processed through the Services. "Protected Information" means information that is subject to specific regulations or laws that impose increased protections and/or obligations with respect to handling that type of information or that is not appropriate for use in the Services, as intended. Protected Information includes, without limitation, any credit or debit card and magnetic stripe information, social security numbers, driver's license numbers, passport numbers, government issued identification numbers, health-related information, biometric data, financial account information, or information deemed "sensitive" under applicable laws (such as racial or ethnic origin, political opinions, or religious or philosophical beliefs).

7. Third-Party Services

7.1 The Services may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of OpenZeppelin and OpenZeppelin is not responsible or liable for the contents of any Linked Site, including without limitation any link or content contained in a Linked Site, or any changes or updates to a Linked Site. When you click on a link to a Linked Site, we may not warn you that you have left our Services and are subject to the terms and conditions (including privacy policies) of another website or destination. OpenZeppelin is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OpenZeppelin of the site or any association with its operators. You use any Linked Sites at your own risk. When you leave the Services, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of the Linked Sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any interaction or transaction with any third party.

7.2 Certain elements of the Services are delivered by third-party sites and organizations. As with Linked Sites, OpenZeppelin has no control over such third-party services, does not assume (and expressly disclaims) responsibility or liability for any such services, their availability, or any content or other materials available from such third parties.

7.3 To the fullest extent permitted by applicable law, you release OpenZeppelin from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of acts or omissions of any third parties.

8. Access to Services and Termination

8.1 In order to register for and access Defender, you and each user will be required to provide information. You agree that any registration information given to OpenZeppelin, including contact information (e.g., e-mail address) and billing/payment details, will be accurate and kept current.

8.2 Defender includes the features and functionality applicable to the version selected. OpenZeppelin may update the content and functionality of Defender in its sole discretion. Some features and functionality may be available only with certain versions of Defender. OpenZeppelin does not represent or warrant that particular content, functionality, or subscription plans will be offered indefinitely and reserves the right to change or alter the features and options, including the right to put reasonable usage limitations on Defender, without prior notice. OpenZeppelin will use reasonable best efforts to provide advance notice of any such usage restrictions or any material change in offerings.

8.3 If you want to downgrade or terminate your subscription to Defender and close your account, you may do so at any time by (a) notifying customer support at least 10 business days in advance, or (b) cancelling your subscription in the account settings page, if this option is available to you. Paid Users will continue to have access to their paid tier of Defender through the end of any pre-paid and unused Subscription Terms. Paid Users will not receive any refunds or credits for amounts that have already been paid prior to account termination, including any amounts pre-paid for unused Subscription Terms.

8.4 OpenZeppelin may terminate your access to any Services, including Defender, immediately if: (a) you violate these Terms; (b) you cease business operations or become subject to insolvency proceedings; or (c) it is required to do so by law.

8.5 OpenZeppelin may suspend your access to any Services, including Defender, immediately if: (a) you have undisputed amounts more than 5 days past due; (b) there is reason to believe that your use of Services is fraudulent or that you or any of your users are using the Services in a way that creates a security vulnerability or may disrupt others' use of the Services; (c) there is scheduled or emergency maintenance; or (d) OpenZeppelin determines, in its sole discretion, that providing the Services is prohibited by applicable law, or it has become impractical or unfeasible for any legal or regulatory reason to the provide the Services.

9. Billing, Payment and Renewal

9.1 If you select a paid tier of Defender, OpenZeppelin will bill you in advance for use of the Services on a monthly basis. All paid subscription terms begin on the 1st day of the month and continue to the last day of the month (each, a "Subscription Term"). Your subscription will automatically renew on a monthly basis until terminated pursuant to these Terms.

9.2 If you select a paid tier of Defender in the middle of a calendar month, you may be given free access to such paid tier functionality prior to your first Subscription Term. Such early access is determined by OpenZeppelin at its sole discretion.

9.3 Current pricing for the paid tiers of Defender are published on the websites and/or within Defender. OpenZeppelin reserves the right to modify pricing at any time for renewal Subscription Terms, provided that OpenZeppelin will notify you prior to any price increase affecting your account. If you upgrade to a higher tier of paid account, OpenZeppelin will credit any remaining balance from your previous subscription payment to your new tier.

9.4 All payments due are in U.S. dollars unless otherwise indicated on the account settings page, order or invoice. Credit card and debit card forms of payment are due 20 business days in advance of the next Subscription Term. Cryptocurrency forms of payment are due one month in advance of the next Subscription Term. For convenience, you may make pre-payment for future Subscription Terms. OpenZeppelin will charge you for all fees when due. OpenZeppelin may enable other forms of payment in the account billing page, which may be subject to additional terms.

9.5 Your subscription will automatically renew on a monthly basis and you authorize OpenZeppelin to charge the credit card, debit card or other form of payment in advance for the next Subscription Term. All renewals are subject to the applicable Services continuing to be offered and will be charged at the then-current rates. If you wish to change your subscription tier, number of users, or other functionality you must change the settings in the account settings page provided in Defender, if available to you, or contact our customer support team at least 10 business days prior to the next Subscription Term. Any downgrade will take effect on the first day of the next Subscription Term.

9.6 Billing disputes must be notified to OpenZeppelin in writing before the due date. Delinquent payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by OpenZeppelin in collecting delinquent amounts. If delinquent fees are not paid, OpenZeppelin will automatically downgrade your account to a free account and/or suspend or terminate your use of the Service. Downgrading your account may cause the loss of features, functionality or capacity. If you require a purchase order, vendor registration form, or other documentation, such requirement will in no way relieve, affect or delay your obligation to pay amounts when due.

9.7 You are responsible for any taxes, duties, and customs fees associated with the sale of the Services (other than OpenZeppelin's income tax) (collectively "Taxes"), and you will pay OpenZeppelin for the Services without any reduction for Taxes. If OpenZeppelin is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide OpenZeppelin with a valid tax exemption certificate.

9.8 Except when required by law, all fees are non-cancellable and once paid are non-refundable, even in the case of unused paid Subscription Terms.

10. Indemnification

10.1 You agree to indemnify OpenZeppelin, its officers, directors and employees, from and against any liabilities, losses, damages and expenses, including court costs and reasonable attorneys' fees, associated with any claim or action of any kind whatsoever by a third party or User relating to or arising out of your use of the Services or inability to use the Services, your violation of any these Terms or your violation of any rights, including intellectual property rights, of a third party, or your violation of any applicable laws, rules or regulations. OpenZeppelin reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OpenZeppelin in asserting any available defenses.

11. Disclaimer of Certain Liabilities

11.1 OPENZEPPELIN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE QUALITY, SUITABILITY, RELIABILITY, SECURITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES AND ANY SOFTWARE, APPLICATIONS, PRODUCTS, INFORMATION, TOOLS AND GRAPHICS PROVIDED THEREIN FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES AND ANY SOFTWARE, APPLICATIONS, PRODUCTS, INFORMATION, TOOLS AND GRAPHICS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPENZEPPELIN AND/OR ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES AND ANY SOFTWARE, APPLICATIONS, PRODUCTS, INFORMATION, TOOLS AND GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPENZEPPELIN, OPENZEPPELIN'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AFFILIATES, SUCCESSORS AND ASSIGNS, AND/OR OPENZEPPELIN'S AFFILIATES, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OPENZEPPELIN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

12. Terms and Conditions of the Forum

12.1 The following terms only govern your use of Services related to the OpenZeppelin forum found at http://forum.openzeppelin.com:

  • You may not use or try to use another's account on the forum without their specific permission.
  • You may not buy, sell, or otherwise trade in user names or other unique identifiers on the forum.
  • You may not send advertisements, chain letters, or other solicitations through the forum, or use the forum to gather addresses or other personal data for commercial mailing lists or databases.
  • You may not automate access to the forum, or monitor the forum, such as with a web crawler, browser plug-in or add-on or other computer program that is not a web browser. You may crawl the forum to index it for a publicly available search engine, if you run one.
  • You may not use the forum to send e-mail to distribution lists, newsgroups, or group mail aliases.
  • You may not falsely imply that you're affiliated with or endorsed by OpenZeppelin.
  • You may not hyperlink to images or other non-hypertext content on the forum on other webpages.
  • You may not remove any marks showing proprietary ownership from materials you download from the forum.
  • You may not show any part of the forum on other websites with \<iframe\>.
  • You may not disable, avoid, or circumvent any security or access restrictions of the forum.
  • You may not strain infrastructure of the forum with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the forum.
  • You may not impersonate others through the forum.
  • You may not encourage or help anyone in violation of these terms.
  • You may not submit content to the forum that is illegal, offensive, or otherwise harmful to others. This includes content that is harassing, inappropriate, or abusive.
  • You may not submit content to the forum that violates the law, infringes anyone's intellectual property rights, violates anyone's privacy, or breaches agreements you have with others.
  • You may not submit content to the forum containing malicious computer code, such as computer viruses or spyware.
  • You may not submit content to the forum as a mere placeholder, to hold a particular address, user name or other unique identifier.
  • You may not use the forum to disclose information that you don't have the right to disclose, like others' confidential or personal information.

12.2 Nothing in these Terms gives OpenZeppelin any ownership rights in intellectual property that you share in our forum, such as your account information, posts or other content you submit to the forum. You remain solely responsible for content you submit to the forum. You agree not to wrongly imply that content you submit to the forum is sponsored or approved by OpenZeppelin. These Terms do not obligate OpenZeppelin to store, maintain or provide copies of content you submit, and to change it, according to these Terms.

12.3 Content you submit to the forum belongs to you, and you decide what permission to give others for it. But at a minimum, you agree to grant OpenZeppelin a perpetual non-exclusive license to provide content that you submit to the forum to other users of the forum. That special license allows OpenZeppelin to copy, publish and analyze content you submit to the forum.

12.4 When content you submit is removed from the forum, whether by you or by OpenZeppelin, OpenZeppelin's special license ends when the last copy disappears from OpenZeppelin's backups, caches and other systems. Other licenses you apply to content you submit may continue after your content is removed. Those licenses may give others, or OpenZeppelin itself, the right to share your content through the forum again. Others who receive content you submit to the forum may violate the terms on which you license your content. You agree that OpenZeppelin will not be liable to you for those violations or their consequences.

13. Notice and Procedure For Making Claims of Copyright Infringement

13.1 If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide a written notice to legal@openzeppelin.com containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

14. Changes to Terms

14.1 OpenZeppelin reserves the right, in its sole discretion, to change these Terms. The most current version of these Terms will supersede all previous versions. OpenZeppelin encourages you to periodically review these Terms to stay informed of our updates.

14.2 You understand and agree that if you are a Free User and you use the Services after the date on which the Terms have changed, OpenZeppelin will treat your continued use of the Services as acceptance of the updated Terms. If you are a Paid User, the new Terms will apply upon the sooner of your acceptance of the new Terms or upon renewal.

15. Dispute Resolution; Binding Arbitration

15.1 Any dispute, claim, suit, action, cause of action, demand or proceeding arising out or in connection with these Terms (any of the foregoing occurrences, a "Dispute"), or the breach, termination or invalidity thereof shall first be endeavored to be settled through amicable negotiations in good faith by you and OpenZeppelin. If you and OpenZeppelin cannot agree how to resolve such Dispute within thirty (30) consecutive calendar days after the date a notice with respect to such Dispute is received by the other party, then either you or OpenZeppelin may, as appropriate, commence an arbitration proceeding. Such Dispute shall subsequently (and exclusively) be submitted to three arbitrators. The nomination of the arbitrators and the rules of arbitration shall be in accordance with the Rules of Arbitration of Cayman Islands. The seat of the arbitral tribunal shall be Cayman Islands. Language of the proceedings shall be English. The arbitral award is final and binding upon the parties. The arbitration fees will be borne by the losing party except otherwise awarded by the arbitral tribunal. The parties undertake to carry out the arbitral award in accordance with the modalities of said reward. Any Dispute that is not or cannot be subject to arbitration will be resolved by the courts of Cayman Islands governed by the laws of the Cayman Islands.

15.2 A printed version of the most recent version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms were drafted in the English language and such English language version of these Terms shall control any interpretation of these Terms.

16. General Legal Terms

16.1 The failure of either party to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or of any other right or provision.

16.2 You agree that OpenZeppelin may provide you notices by email, regular mail, or postings on the Services. You may provide notice to OpenZeppelin by emailing legal@openzeppelin.com.

16.3 The parties are independent contractors. This Agreement does not create or imply any agency, partnership, or franchise relationship. This Agreement is intended for the benefit of the parties and not any third-party. Neither party has the authority to assume or create any obligation on behalf of the other party.

16.4 The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without OpenZeppelin's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. OpenZeppelin shall be free to assign these Terms without notice or consent in connection with an acquisition of stock or assets, merger, or other corporate reorganization.

16.5 Neither party is liable for delay or default hereunder if caused by conditions beyond its reasonable control, including natural disasters, acts of God, hacker attacks, acts of terror or war, riots, pandemics, actions or decrees of governmental bodies, changes in applicable laws, or communication or power failures.

16.6 These Terms constitute the whole legal agreement between you and OpenZeppelin related to the use of the Services and supersede all prior or contemporaneous representations, agreements or understandings (written or verbal) relating to the subject matter hereof. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.