BLOCKY provides application services hosted on trusted execution environments ("TEEs"). Our services produce attestations over an application’s output and its runtime environment. Our technology is designed to enable anyone receiving a BLOCKY attestation to inspect the source code of the application that produced it and verify that it was produced on a TEE. While the process for doing so may vary among our services, the BLOCKY Source Available Reference License 1.0 Agreement below (the "Agreement") makes a portion of the source code poweringour services available for you to inspect, compile, and measure for identifying the application source code running on a TEE. However, the Agreement does not permit you to modify, distribute or use the software for other purposes. The precise terms and conditions of the Agreement are set forth below.
Date Last Updated: Nov. 4, 2024
This Agreement sets forth the terms and conditions on which BLOCKY makesavailable the Licensed Materials.
BY DOWNLOADING, RECEIVING, ACCESSING, INSTALLING, SAVING, INSPECTING, COMPILING, BUILDING OR OTHERWISE USING THE LICENSED MATERIALS, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND, AND ARE ACCEPTING AND AGREEING TO BE BOUND BY, ALL TERMS AND CONDITIONS OF THIS AGREEMENT (AND THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED HEREIN). IF YOU DO NOT ACCEPT (AND AGREE TO BE BOUND BY) THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE LICENSED MATERIALS.
If You are Referencing the Licensed Materials on behalf of an entity (including any commercial, non-profit, or governmental entity), You represent and warrant that You have the authority to agree to this Agreement on behalf of such entity.
The terms below have the meanings set forth below for purposes of this Agreement:
"Agreement" means this BLOCKY Source Available Reference License 1.0 Agreement.
"Binaries" means the machine-readable, binary code that results from the compilation of source code.
"BLOCKY" means BLOCKY, Inc.
"BLOCKY Website" means https://blocky.rocks or any successor website designated by BLOCKY.
"Code Measurement" means the result of a process that (a) takes as its input a given set of code, (b) compiles given set of code to create Binaries, (c) builds an Image that includes such Binaries, and (d) produces as its output a digest of such Image using a cryptographic hash function (e.g., SHA256).
"Distribution" means (and "Distribute" refers to), regardless of means or methods, conveyance, transfer, providing, or making available, to third parties the Licensed Materials (or portions thereof) (including, but not limited to, making available to third parties by means of downloading or through linking, whether or not any third party downloads or links to the Licensed Materials (or any portion thereof)) including Binaries or Images based on any of the Licensed Materials.
"Documentation" means the end-user documentation for the Software that BLOCKY makes available on the BLOCKY Website from time to time.
"Image" means, with respect to a given application, a file that is a template for loading into an enclave the code, Binaries, libraries, dependencies, runtime environment, system tools and settings needed to run such an application.
"Licensed Materials" means the Software, Documentation and other software, scripts, texts, and accompanying files made available by BLOCKY under this Agreement (as may be indicated by, but is not limited to, copyright notice(s) attached to or included in any of the foregoing items), including in each instance, all copies of the original and Modified versions of any of theforegoing items.
"Modification" means (and "Modify" refers to) any modification, alteration of, derivative work based upon, or other changes to, Licensed Materials, including, but not limited to, addition to or deletion from the substance or structure of the Licensed Materials, translation into another language, repackaging, alteration or removal of any file included with the Licensed Materials, and addition of any new files to the Licensed Materials. For the avoidance of doubt, compiling the source code form of the Software for the Permitted Purpose is not a Modification.
"Permitted Purpose" means (a) inspecting the source code form of the Software, (b) compiling the source code form of the Software into Binaries, (c) putting such Binaries into an Image, (d) producing a first Code Measurement of such Image, and (e) comparing such first Code Measurement to a second Code Measurement included in a given attestation produced on a TEE (whether contained on BLOCKY’s servers or made available by a third party), solely for the purpose of verifying that such first and second Code Measurements are identical and, therefore, the source code of the Software used to generate such Code Measurements is identical, in each instance in accordance with the Documentation.
"Referencing" means (and "Reference" refers to), with respect to any applicable Licensed Materials, downloading, receiving, accessing, installing, saving, compiling, building or otherwise referencing such, but excluding the use or execution of any software included in the Licensed Materials.
"Software" means the BLOCKY proprietary software components made available to You under this Agreement.
"TEE" means a trusted execution environment.
"You" means (and "Your" refers to) the recipient of the Software or the other Licensed Materials, the individual or legal entity on whose behalf you are agreeing to this Agreement.
BLOCKY grants You a non-exclusive, personal, revocable, non-transferable, non-assignable, non-sublicensable license to Reference the Licensed Materials only for the Permitted Purpose (but not any other purpose), in each instance subject to Your compliance with the terms and conditions of this Agreement.
You will not (and will not attempt to), or permit any third party to (or attempt to), do any of the following:
Modify, Distribute, sublicense or sell the Licensed Materials (or any portion or copy thereof or any related intellectual property rights), or any Binaries or Image built from the Licensed Materials;
remove, obscure or modify any proprietary marking or restrictive legends placed or displayed in any of the Licensed Materials; or
Reference or otherwise use the Licensed Materials for or in connection with (i) any illegal activity, or (ii) the development of any product or service that is similar to or competitive with the Licensed Materials or any service or software made available by BLOCKY.
All rights not expressly granted to You in this Agreement are expressly reserved by BLOCKY. Nothing in this Agreement will be deemed to grant, by implication, estoppel, or otherwise, any license or right under any of BLOCKY’s or its licensors’ existing or future rights, including any intellectual property rights, in or to the Licensed Materials, except for the licenses expresslygranted to You in this Agreement.
As between You and BLOCKY, the Licensed Materials and all intellectual property rights embodied therein, are and will remain the sole and exclusive property of BLOCKY. BLOCKY will own all rights in any Modification of the Software or other Licensed Materials, including any improvement or development thereof, and You will execute such assignment documents as BLOCKY reasonably requests to perfect, confirm, or transfer such ownership rights.This Agreement does not grant permission to use any trade names, trademarks, service marks, titles, and logos associated with (or applying to) the Licensed Materials (collectively, "Marks"). BLOCKY Marks are owned exclusively by, and all goodwill from the use thereof will inure solely to the benefit of, BLOCKY. You will not use any of the BLOCKY Marks for any purpose without the prior written consent of BLOCKY.
THE LICENSED MATERIALS ARE PROVIDED "AS IS" AND WITH ALL FAULTS, AND BLOCKY EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, NON-INFRINGEMENT OR TITLE, OR THAT THE LICENSED MATERIALS ARE ERROR-FREE. USE OF THE LICENSED MATERIALS IS AT YOUR SOLE RISK. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to You. In such an event, such warranties are limited to the minimum warranty period allowed by the applicable law.
IN NO EVENT WILL BLOCKY OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION OF THE LICENSED MATERIALS BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, CORRUPTION OR LOSS OF DATA OR PROFITS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR BUSINESS INTERRUPTION), WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE LICENSED MATERIALS (OR ANY PORTION THEREOF), EVEN IF THE POSSIBILITY OF SUCH DAMAGES WERE FORESEEABLE OR KNOWN. Because some states and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, those particular limitations may not apply to You.
You will and hereby do now and forever irrevocably waive and release any and all claims You now have, or may in the future possess, against BLOCKY directly or indirectly related to the Licensed Materials (including, but not limited to, any prior version of the Licensed Materials or any portion thereof), of the foregoing arising under any prior agreement between You and BLOCKY, whether known or unknown, and such claims are hereby forever and irrevocably waived and released in their entirety.
You will indemnify and hold harmless BLOCKY and its affiliates, and its and their respective officers, directors, employees, suppliers, licensors, agents and representatives from and against any and all liability, damages, losses, settlements, penalties, fines, costs, expenses (including, but not limited to, reasonable attorneys fees), demands, causes of action, claims, actions,proceedings, and suits, related to or arising out of your use, inability to use, import and/or export of the Licensed Materials (or any portion thereof) and/or your breach of any of the terms and conditions of this Agreement.
Referencing the Software may require or depend upon the availability of certain "open source software" or other third-party software ("Third-Party Dependent Software"). Third-Party Dependent Software are not a part of the Software and are not to be licensed to You by BLOCKY under this Agreement. Third-Party Dependent Software may, in certain instances, be made available with the Software; however, any Third-Party Dependent Software will be subject to the terms of a separate license agreement provided with such software or a separateagreement between You and the applicable third-party software vendor or distributor, and not between You and BLOCKY. You will comply with all applicable agreements governing the use of the Third-Party Dependent Software.
The Software may incorporate implementations of cryptographic algorithms that are regulated (e.g., subject to export/import control regulations) or illegal in some countries. It is solely Your responsibility to verify that it is legal to import and/or export and/or use the Software (or any portion thereof) in countries where You intend to use it and/or to which You intend to import itand/or from which You intend to export it, and it is solely Your responsibility to comply with any applicable regulations, restrictions, and laws.
Your failure to comply with the terms and conditions of this Agreement or to perform any applicable obligation imposed by this Agreement, or Your unauthorized use of any BLOCKY Mark, automatically and immediately terminates your license under this Agreement and may cause or be considered copyright infringement (which may be prosecuted). In addition, if You or Your company make any written claim that the Software or any other Licensed Materials (or anyportion thereof) infringes or contributes to infringement of any patent, the license granted to You under this Agreement will terminate immediately. Upon termination of this Agreement or the license granted in this Agreement for any reason, You will cease all Referencing of and will destroy the Licensed Materials and all copies thereof in Your possession or under Your control.
Except as otherwise provided in this Agreement, if any provision of this Agreement, or a portion thereof, is found to be invalid or unenforceable under applicable law, it will not affect the validity or enforceability of the remainder of this Agreement, and such invalid or unenforceable provision will be construed to reflect the original intent of the provision and will be enforced to the maximum extent permitted by applicable law so as to effect the original intent of the provision as closely as possible.
BLOCKY reserves the right to update this Agreement from time to time. However, the version of this Agreement that was included in or with the Licensed Materials (e.g., as a BLOCK-SARL-1_0.txt file) at the time You downloaded the Licensed Materials will continue to apply even if BLOCKY updates this Agreement.
This Agreement constitutes the entire agreement of You and BLOCKY with respect to the subject matter hereof, and supersedes all prior agreements or understandings, representations, or warranties, whether oral or written, with respect to such subject matter; provided, however, that if a separate written agreement between You and BLOCKY sets forth terms governing Your use of the Software and expressly supersedes this Agreement, then the terms of suchseparate written agreement will take precedence over the terms of this Agreement.
This Agreement will be construed and enforced in all respects in accordance with the laws of the State of California, without reference to its choice of law rules. If You attempt to bring a claim against BLOCKY based on or relating to this Agreement or the Licensed Materials, You acknowledge and agree that the courts located in the Gallatin County, Montana will have exclusive jurisdiction for all purposes relating to this Agreement and You will not assert that suchforum is improper or not convenient.