This AppMarket Submission Agreement (“Agreement”) is between Appian Corporation and You (as an individual contributor) or, if You are submitting on behalf of your organization, Your organization (collectively, “You” or “Your”).  By submitting files containing an application, plug-in, solution, or utility (collectively, a “Submission”), You agree to the following.

1. SUBMISSION REVIEW AND USE

1.1 Review. Once You have developed a Submission, You may provide a copy to Appian for review to determine whether the Submission is appropriate for inclusion in the AppMarket.  Upon receiving the Submission, Appian will review the same in accordance with Appian’s then current Review standards. You agree to cooperate with Appian, in good faith, during the review process.  If Appian determines that the Submission passes its review standards, Appian may place the Submission for view in the AppMarket. Appian shall have full and complete discretion to include a Submission in the AppMarket or reject that Submission for any or no reason.  

1.2 Submissions Marked as “Private” . If You select the Submission as "private" in the AppMarket, You grant Appian a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable right to access and review the Submission for the purpose of evaluating and facilitating the AppMarket submission process and grant Appian the right to retain the plug-in’s source code. This access does not grant Appian the right to display the Submission in the public AppMarket, nor does it grant third parties access to or use of the Submission. The “private” status indicates that the Submission is being made available for internal Appian review and consideration only.

1.3 License for Submissions Marked as “Free”.  If You select that the Submission is available for “free” in the AppMarket, You grant Appian a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable right to display the applicable Submission in the AppMarket and to grant third parties a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable right to access and to use the Submission as made available in the AppMarket.

1.4 Paid Submission License.  If You select that the Submission is available on a “paid” basis in the AppMarket, you grant Appian a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable right to display information about the Submission in the AppMarket and to provide Your contact information to any Appian customers who would like access to the Submission.   Appian’s provision of customer leads with respect to Submissions is provided on a voluntary and “as-is” basis with no warranty as to the nature, accuracy, or completeness of the customer leads.

2. NON-EXCLUSIVITY AND APPIAN SOFTWARE CHANGES

2.1 You acknowledge that this Agreement does not restrict Appian from marketing and selling the Appian Software, any application or solution developed on it, or any other product or service, either wholly or partially, directly or indirectly, to any third party. This includes configuring the Appian Software to execute functions similar to those found in any Submission.

2.2 Appian reserves the right, at its sole discretion and without incurring any liability to You:

(a) modify the specifications for the Appian Software;

(b) cease the development of new applications and/or features, regardless of whether such applications or features have been publicly announced; and

(c) begin developing new applications with features that may render the Appian Software wholly or partially obsolete or incompatible with any Submission.

3. WARRANTIES 

You represent and warrant that:

3.1 the Submission does not infringe, violate or misappropriate any rights of Appian or any third party;

3.2 the Submission does not engage in, promotes or facilitates illegal activities;

3.3 the Submission does not engage in spamming or other impermissible advertising, marketing or other activities, including, without limitation, any deceptive practices such as posing as another service for the purposes of phishing or pharming, altering or obscuring any mail headers, creating forged or non-standard protocol headers, such as altering source addresses, etc., assuming the identify of any user of the Appian Cloud without that user’s permission; or

3.4 the Submission does not interfere or attempt to interfere with the functionality or proper working of the Appian Cloud, including but not limited to participating in any flooding or denial or service activities of any kind;

3.5 You have the necessary rights and licenses, consents, permissions, waivers and releases to use and display the Submission.

3.6 the Submission does not contain malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

3.7 for plug-ins, the submission compiles with the AppMarket Submission Policies for Plug-ins

4. Termination and Suspension

4.1 Termination. This Agreement may be terminated immediately in the event the AppMarket is discontinued or for any reason upon 10 days’ notice to You.