This analysis describes what GitHub's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The requirement for express written permission sets a high bar—verbal or implied permission is insufficient—and the prohibition covers not just the Service itself but also use of and access to the Service.
You are prohibited from reproducing, copying, selling, reselling, or exploiting any part of the Service, or access to it, unless you have GitHub's express written permission.
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"Frame" or "mirror" or otherwise incorporate part of the services into any website, or "deep-link" to any portion of the services without our express written permission...
Utilize automated means, including scraping, data mining, or similar data gathering and extraction tools, to access, query, or collect information from Upwork's Recruitment Services without express written permission...
Customer may not indicate that a product or service developed with the Software is sponsored or endorsed by NVIDIA unless expressly authorized in writing by NVIDIA.
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"You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.— Excerpt from GitHub's GitHub Acceptable Use Policies
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The requirement for express written permission sets a high bar—verbal or implied permission is insufficient—and the prohibition covers not just the Service itself but also use of and access to the Service.
You are prohibited from reproducing, copying, selling, reselling, or exploiting any part of the Service, or access to it, unless you have GitHub's express written permission.
ConductAtlas has identified this type of provision across 285 platforms. See the full comparison.
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