Solutions Engineering Support Supplemental Terms

Welcome to the Golioth, Inc. (“Golioth”) Solutions Engineering Support Supplemental Terms of Service ("Supplemental Terms"). 

These Supplemental Terms are designed to supplement any Statement of Work, Order Form, or similar agreement (collectively, "Agreement") in which Golioth provides Solutions Engineering support. They are intended to augment, and not replace, Golioth’s Terms of Use and Privacy Policy. In the event of any inconsistency or conflict between these Supplemental Terms and the Terms of Use or Privacy Policy, these Supplemental Terms shall prevail, but solely with respect to the Solutions Engineering support provided under the relevant Agreement. Unless otherwise defined in these Supplemental Terms, all terms used herein shall have the meanings ascribed to them in the Terms of Use and Privacy Policy. 

By engaging with Golioth’s Solutions Engineering support, you acknowledge and agree to these Supplemental Terms as part of your overall agreement with Golioth.

1. Scope of Solutions Engineering Support Services. Golioth's Solutions Engineering support is intended to assist in the development and optimization of customer's projects, and includes without limitation firmware, cloud logic, and applications services for use in customer testing environments. As part of the Solutions Engineering support, Golioth may suggest modifications or improvements to customer’s software products and code subject to Solutions Engineering support under this Agreement ("Code"), including without limitation by providing sample code, corrective code updates for minor bug resolution, custom scripts, and similar assistance to improve customer’s integration with or use of the Golioth Platform. These contributions are meant for guidance and illustrative purposes only and should not be directly implemented in customer's production environment without appropriate review and adaptation by customer. Solutions Engineering support does not include, and is not intended to provide, code for use in customer's production products. Customer acknowledges and agrees that it remains solely responsible for the content, functionality, and performance of the Code, and for ensuring that any Code complies with all applicable laws, standards, and regulations. 
2. Intellectual Property Ownership. All of customer’s pre-existing rights to the Code are retained by customer. Golioth's provisioning of Solutions Engineering support does not transfer any ownership rights in the Code to Golioth, and customer retains full and exclusive ownership of the Code, including any modifications or improvements made by Golioth thereto. Except for the limited rights and licenses expressly granted in these Supplemental Terms, nothing herein grants to customer or any third party any intellectual property rights or other right, title, or interest in or to any of the Golioth Properties. For the avoidance of doubt, none of the rights granted herein shall impact or hinder in any way Golioth’s right to use, reproduce, modify, adapt, publish, translate, distribute, sublicense, open source license, create derivative works of, and otherwise exploit the Golioth Properties.‍
3. DISCLAIMER OF WARRANTIES AND CONDITIONS; LIMITATION OF LIABILITY. GOLIOTH PROVIDES ITS SOLUTIONS ENGINEERING SUPPORT "AS IS" AND MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED. GOLIOTH DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT GOLIOTH DOES NOT GUARANTEE THAT THE SOLUTIONS ENGINEERING SUPPORT WILL RESULT IN CODE BEING ERROR-FREE, FULLY FUNCTIONAL, OR SECURE. CUSTOMER AND GOLIOTH AGREE THAT THE DISCLAIMER OF WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY SECTIONS OF THE TERMS OF USE APPLY TO THE SOLUTIONS ENGINEERING SUPPORT, MUTATIS MUTANDIS. 
4. ‍Indemnification. In addition to customer’s indemnification obligations as set forth in the Terms of Use, customer shall indemnify, defend, and hold harmless Golioth and its officers, directors, employees, agents, successors, and assigns from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the Code, including without limitation following the provision of Solutions Engineering support and any modifications to the Code resulting therefrom. Customer’s indemnification obligation shall survive the termination of this Agreement.