Code Sharing Terms of Service
Last Updated: August 1, 2020
Your Agreement with CircleCI Regarding Use of the CircleCI Code Sharing
Service and Shared Content
- All use of the Service is subject to your acceptance of these Terms. By accessing or using the Service, or any content or services provided on the Service, you are agreeing to these Terms. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind, and do hereby bind, that entity to these Terms. You may not use the Service if you are a person barred from using the Service under the laws of the United States or other countries, including the country in which you are resident or from which you use the Service, or international laws or treaties. You may not use the Service if you are or represent an entity that is listed on any U.S. Government Denied Party/Person List. You affirm that you are over the age of 13, as the Service is not intended for children under 13. IF YOU ARE YOUNGER THAN 13 YEARS OLD, YOU MAY NOT USE THE SERVICE. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR UNDER THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT THEY MAY INCUR.
- You agree that your use of the Service is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by CircleCI or any third party regarding future functionality or features.
Your Account and Use of the Service
- You agree not to (i) access (or attempt to access) the administrative interface of the Service by any means other than through the interface that is provided by CircleCI in connection with the Service, unless you have been specifically allowed to do so in a separate written agreement with CircleCI, or (ii) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
- You may not access or use the Service for the purpose of bringing an intellectual property infringement claim against CircleCI or for the purpose of creating a product or service competitive with the Service. By accessing the Service, you expressly waive any and all claims alleging intellectual property infringement based on or related to any aspect of the Service or any Shared Content obtained through your use of the Service.
- You agree that the Service shall not be used as the basis to deploy systems that must be hardened or highly secure, or involve mission-critical business operations, the operation of nuclear facilities, aircraft navigation, important communication systems, medical devices, air traffic control devices, real time control systems or other situations in which an inaccuracy or error in a report or in the Service could lead to death, personal injury, or physical property or environmental damage.
Privacy and Restrictions on Use
- You agree that you are responsible for your own conduct while accessing or using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not and may not allow any third party to:
- Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
- Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any content;
- Upload, post, transmit or otherwise make available through the Service any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- Download any content posted by another user that you know, or reasonably should know, that cannot be legally distributed in such manner;
- Submit content that falsely expresses or implies that such content is sponsored or endorsed by CircleCI;
- Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;
- Promote or encourage illegal activity;
- Interfere with other users’ enjoyment of the Service;
- Exploit the Service for any unauthorized commercial purpose;
- Modify, adapt, translate, or reverse engineer any portion of the Service;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Service or any content posted thereon;
- Reformat or frame any portion of the web pages that are part of the Service’s administration display;
- Use the Service in connection with illegal peer-to-peer file sharing;
- Display any content on the Service that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights;
- Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or the content posted thereon or to collect information about its users for any unauthorized purpose;
- Create user accounts by automated means or under false or fraudulent pretenses; or
- Use the Service, or any interfaces provided with the Service, to access any CircleCI product or service in a manner that violates the Terms or other terms and conditions for use of such CircleCI product or service.
- We reserve the right to reclaim namespaces on behalf of businesses or individuals that hold legal claim or trademark to those namespaces. Accounts using business names and/or logos that may be considered misleading to others may be permanently suspended. We also reserve the right to reclaim namespaces using CircleCI trademarks or namespaces that violate any CircleCI trademark right.
- Namespace Squatting. You may not and may not allow any third party to engage in namespace squatting. Namespaces that are inactive for more than three (3) months may be terminated at our discretion and without further notice. We take into account several factors when determining what conduct is considered to be namespace squatting including, without limitation:
- The number of namespaces created;
- Whether namespaces were created for the purpose of preventing others from using those namespaces; and
- Whether namespaces were created for the purpose of selling those namespaces.
- Selling Namespaces. You may not and may not allow any third party to buy or sell namespaces; provided, however, that such prohibition shall not apply in connection with a sale or transfer of all or substantially all of your company to another entity that any associated namespaces used by your company may be transferred as part of such transaction, provided that your other CircleCI-related assets, including your organization’s account, is also included in such a transfer.
- The Service allows you and other users to submit, post, transmit, and share content with other users, which may include, without limitation, data files, text, documents, computer software or code, images, informational materials and any other assets uploaded or otherwise submitted by you or other third parties to the Service (collectively, “User Content”). For the avoidance of doubt, User Content shall not include the Service. You are prohibited from incorporating your personal information or the personal information of any other person (including name, email address, IP address, device identifiers or other personal identifiers) in any User Content that you upload to the Service to be shared publicly with other users. You retain all your ownership rights in your User Content. CircleCI simply displays or makes the User Content available to users of the Service and does not otherwise control the content thereof. CircleCI does not guarantee any accuracy or confidentiality with respect to any information contained in any User Content, and strongly recommends that you think carefully about what you transmit, submit or post to or through the Service. You understand that all information contained in User Content is the sole responsibility of the person from whom such User Content originated. This means that you, and not CircleCI, are entirely responsible for all User Content that you upload, post, transmit, or otherwise make available through the Service, as well as for any actions taken by CircleCI or other users as a result of such User Content.
- CircleCI intends to, but does not guarantee that it will, display or make any User Content available on or through the Service, and CircleCI reserves the right to refuse to allow any User Content on the Service, or to edit or remove any User Content at any time with or without prior notice, if CircleCI reasonably believes that it is necessary for CircleCI to comply with applicable law, including privacy law, or you or your User Content are in violation of these Terms or your User Content otherwise disrupts or threatens the operation of the Service. Without limiting the generality of the preceding sentence, CircleCI will remove User Content from the Service upon receipt of a compliant copyright infringement notice in accordance with its Copyright Infringement Notice and Takedown Policy (currently published at https://circleci.com/legal/copyright-infringement-policy/). The terms of CircleCI's Copyright Infringement Notice and Takedown Policy are incorporated in their entirety into these Terms by this reference. You agree to immediately take down any User Content that violates the Terms, including pursuant to a take-down request from CircleCI. In the event that you elect not to comply with a request from CircleCI to take down certain User Content, CircleCI reserves the right to directly take down such User Content, or to suspend or terminate your use of the Service.
- By uploading or submitting your User Content through the Service, you hereby grant CircleCI and its affiliates, partners and users of the Service (collectively, the “CircleCI Licensees”) a free, worldwide, perpetual, unconditional, irrevocable, non-exclusive, sub-licensable, transferable, fully paid-up, royalty-free license to use, reproduce, reformat, modify, merge, publish, distribute, create derivative works from, publicly perform and display and/or sell your User Content, in any medium or format, whether now known or later developed, for any purpose and without restriction. No other license terms shall apply to User Content uploaded or submitted through the Service with regard to CircleCI.
- You are solely responsible for your own User Content and the consequences of posting or publishing them. In connection with your User Content, you affirm, represent, and warrant that: (i) you either own your User Content or have the necessary licenses, rights, consents, and permissions to grant the rights and licenses granted in these Terms, and (ii) the CircleCI Licensee’s exercise of the license rights set forth in this Section 5, does not and will not require obtaining a license from or paying any fees and/or royalties by CircleCI to any third party for the exercise of any rights granted in these Terms.
- You understand that CircleCI may scan User Content at any time to check for potential security vulnerabilities and other issues. CircleCI may request that you immediately remedy any issue it discovers in your User Content and retains the right to remove any User Content at any time without notice for any valid business or technical reasons, such as if security vulnerabilities are identified in such User Content.
- YOU UNDERSTAND AND AGREE THAT USER CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL SHARED CONTENT, COMES FROM A VARIETY OF SOURCES AND SUCH USER CONTENT IS PROVIDED TO YOU “AS IS,” AND THAT CIRCLECI DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT. You understand that CircleCI cannot, and does not, review all User Content and does not endorse any User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, misleading, infringing, or otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CircleCI, its Shared Content providers, and the Third Party Orb Application providers with respect thereto. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- You agree that CircleCI has no responsibility or liability for the deletion or failure to store any User Content and other communications maintained on or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up any User Content or other communication you upload or transmit to or through the Service.
- You acknowledge and agree that CircleCI (or CircleCI’s licensors) own all legal right, title and interest in and to the Service. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Service (collectively, the “CircleCI Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content owned and/or posted by you or other users, all CircleCI Materials are the copyrighted property of CircleCI or its licensors. Furthermore, all trademarks, service marks, and trade names contained in the CircleCI Materials are proprietary to CircleCI or its licensors. Except as expressly set forth herein, your use of the Service does not grant to you ownership of or any other rights with respect to any content, code, data, user comments or other materials that you may access on or through the Service. CircleCI reserves all rights to the CircleCI Materials not expressly granted in these Terms.
Modification and Termination
- CircleCI is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you and that CircleCI may add new features and change any part of the Service at any time without notice.
- You agree that CircleCI, in its sole discretion and for any or no reason, may terminate these Terms and your account for the Service. You agree that any termination of your access to the Service may be without prior notice, and you agree that CircleCI will not be liable to you or any third party for such termination. If CircleCI terminates these Terms or your access or use of the Service due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms shall be in addition to any other remedies CircleCI may have at law or in equity.
- Upon any termination or expiration of these Terms, whether by you or CircleCI, ANY INFORMATION (INCLUDING YOUR USER CONTENT) THAT YOU HAVE POSTED OR SUBMITTED ON OR THROUGH THE SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU and CircleCI will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party; PROVIDED THAT WE WILL NOT DELETE YOUR USER CONTENT THAT CONSTITUTES CODE OR FILES THAT YOU PUBLISHED AS PART OF THE SERVICES AND SUCH CONTENT WILL REMAIN IN THE SERVICE AND AVAILABLE FOR USE BY CIRCLECI AND ITS USERS IN ACCORDANCE WITH THE LICENSES GRANTED BY YOU IN THESE TERMS. You are solely responsible for retrieving your User Content from the Service prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your User Content.
- Upon any termination of these Terms or your account, Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 shall survive.
EXCLUSION OF WARRANTIES
- NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CIRCLECI’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ANY SHARED CONTENT OBTAINED PURSUANT TO YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND ANY SHARED CONTENT OBTAINED VIA THE SERVICE ARE EACH PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CIRCLECI, ITS SUBSIDIARIES AND AFFILIATES, ITS LICENSORS, ITS SHARED CONTENT PROVIDERS, AND THE THIRD PARTY ORB APPLICATION PROVIDERS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE, USER CONTENT OR ANY APPLICATIONS OR EXTERNAL SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT CORRECTNESS, ACCURACY AND RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CIRCLECI, ITS SUBSIDIARIES AND AFFILIATES, ITS LICENSORS, ITS SHARED CONTENT PROVIDERS, AND THE THIRD PARTY ORB APPLICATION PROVIDERS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE AND/OR ANY SHARED CONTENT WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE AND/OR ANY SHARED CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE OR (D) THE SERVICE OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY SHARED CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
- NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CIRCLECI’S, ITS SHARED CONTENT PROVIDERS', OR THE THIRD PARTY ORB APPLICATION PROVIDERS' LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
- SUBJECT TO SECTION 8 ABOVE, YOU UNDERSTAND AND AGREE THAT CIRCLECI, ITS SUBSIDIARIES AND AFFILIATES, ITS LICENSORS, ITS SHARED CONTENT PROVIDERS, AND THE THIRD PARTY ORB APPLICATION PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, EVEN IF THE PARTIES LISTED ABOVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- SUBJECT TO SECTION 8 ABOVE, YOU AGREE THAT THE AGGREGATE LIABILITY OF CIRCLECI, ITS SUBSIDIARIES AND AFFILIATES, ITS LICENSORS, ITS SHARED CONTENT PROVIDERS, AND THE THIRD PARTY ORB APPLICATION PROVIDERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO ONE HUNDRED DOLLARS ($100).
- YOU ACKNOWLEDGE AND AGREE THAT CIRCLECI HAS MADE AVAILABLE THE SERVICE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CIRCLECI, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CIRCLECI. CIRCLECI WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.
- You agree to hold harmless and indemnify CircleCI and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, partners, users, Shared Content providers, and Third Party Orb Application providers from and against any third-party claim arising from or in any way related to (a) your breach of the Terms, (b) your violation of applicable laws, rules or regulations in connection with the Service, or (c) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such case, CircleCI will provide you with written notice of such claim, suit or action; will provide you the opportunity to control the defense and/or settlement of such claim, suit or action; and will provide you reasonable assistance in such defense or settlement, upon reasonable request.
- You alone are responsible for your involvement and interactions with other users of the Service. CircleCI reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with any other users of the Service, you irrevocably and forever release CircleCI (and CircleCI’s affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- The Service may include hyperlinks to other web sites or resources (collectively, “External Sites”) solely as a convenience to its users. CircleCI has no control over any External Sites which are provided by companies or persons other than CircleCI.
- You acknowledge and agree that CircleCI is not responsible for the availability of any External Sites, and does not endorse any advertising, products or other materials on or available from the External Sites.
- You acknowledge and agree that CircleCI is not liable for any loss or damage which may be incurred as a result of the availability of the External Sites, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, the External Sites.
Changes to the Terms
- CircleCI may make changes to the Terms from time to time. When such changes are made, CircleCI will make the updated Terms available on or through the Service. Please check these Terms periodically for changes. Unless otherwise agreed to between you and CircleCI in writing, your continued use of the Service after such changes have been published on or through the Service shall constitute your binding acceptance of such changes. Unless otherwise agreed to between you and CircleCI in writing, in the event that such changes materially alter your rights or obligations hereunder such amended Terms will automatically be effective upon the earlier of (i) your continued use of the Service with actual knowledge of such modifications, or (ii) 30 days from the date such modified Terms are made available on or through the Service. Notwithstanding the foregoing, the resolution of any dispute that arises between you and CircleCI will be governed by the Terms in effect at the time such dispute arose.
Binding Arbitration and Class Action Waiver
- Binding Arbitration and Class Action Waiver If You Live In (or, if a Business, your Principal place of business is in) the United States. We hope we never have a dispute, but if we do, you and we agree to try for sixty (60) days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED. NOR IS COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES. “WE,” “OUR,” AND “US” INCLUDES CIRCLECI AND CIRCLECI’S AFFILIATES.
- Disputes Covered—Everything Except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the Service, the software related to the Service, the Service’s price, your CircleCI account, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
- Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see Section 14(a)) within one (1) year from when it first could be filed. Otherwise, it’s permanently barred.
- Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of Section 14 is found to be illegal or unenforceable, that provision will be severed but the rest of Section 14 still applies.