Master Services Agreement

I am ready to purchase Black Duck software. What do I do?

Your Black Duck account representative will generate an Order Schedule for you once you have determined your business needs. The Order Schedule has the details about the license and maintenance services. The Product License Agreement terms will apply to your order unless a master agreement has been executed between your company and Black Duck. The Order Schedule must be signed by Black Duck and your company.

What is the Product License Agreement and how is it different from an Order Schedule?

The Product License Agreement is a master end-user license agreement. Each time you would like to purchase a specific license, an Order Schedule will need to be signed. The Product License Agreement contains all of the legal terms regarding a license transaction, and each Order Schedule will contain the business terms. Once a Product License Agreement is signed, you can purchase licenses or on-site support services under an Order Schedule.

What terms govern Maintenance and Support Services?

The Order Schedule contains a URL which links to Black Duck's Standard Maintenance Terms. By signing the Order Schedule that refers to this URL, you are agreeing to these terms.

What if my company wants on-site support installing and configuring Black Duck’s software products?

In addition to Black Duck’s Standard Maintenance Terms, Black Duck offers On-Site Support Services to help install and configure Black Duck’s software, customize deployments for any unique customer environment, and integrate Black Duck's solutions with existing Customer processes. On-Site Support Services can be purchased under an Order Schedule and statement of work. For more information, speak to your Black Duck account representative, or visit our website.

What if my company wants services that do not align with Black Duck’s Maintenance Support Services or On-Site Support Services?

Black Duck offers additional configuration and deployment services contracted on a time and materials basis, subject to the Services Terms for Time and Materials Work. Ask your account representative for time and materials services rates.

Why are there no details about the license I am purchasing in the Product License Agreement?

All details about the specific type of license you are purchasing are located in the Order Schedule. You may have multiple Order Schedules if you have purchased multiple licenses. For example, if you have signed a Product License Agreement and purchased a one year license for a specific product under one Order Schedule, and then, six months later, decide you want to purchase an additional license for a separate product offering, you can purchase the additional license under an additional Order Schedule, provided the new Order Schedule references the original Product License Agreement.

What is the duration of a Product License Agreement?

Product License Agreements generally last for as long as the parties are doing business with each other. It is only terminated if one party gives notice to the other party of its intent to terminate. Once it is terminated, the Product License Agreement expires at the time all applicable Order Schedules under it terminate.

Is the Product License Agreement’s duration different from the Order Schedule’s term?

Yes. The Product License Agreement generally lasts as long as the parties are doing business with each other. Order Schedules may be limited to a number of months or years.

Can a subsidiary of my company order Black Duck software under my company’s Product License Agreement?

Yes, if the subsidiary agrees to be bound by the terms and conditions of that Product License Agreement and the Order Schedule signed by such subsidiary refers to the terms and conditions of that Product License Agreement.