TERMS OF USE
By using Mirantis, Inc. (“Mirantis”, “Our”, or “We”) websites, portals, or online services provided by Mirantis (“Online Services”) you agree to these terms and conditions (“Terms of Use”). Do not use the Online Services if you do not accept the Terms of Use. We may modify all or any part of these Terms of Use from time to time without notice to you, therefore you should check back often so you are aware of your current rights and responsibilities. Your continued use of Online Services (after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If the current Terms of Use are no longer acceptable to you, then you should stop using the Online Services immediately.
MIRANTIS ONLINE SERVICES RULES
Your use of Online Services is subject to all applicable local, state, national and international laws and regulations. You agree to comply with all such laws and regulations.
You agree not to post or transmit through Online Services any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, malicious, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability, or otherwise violates any applicable law. You may not engage in any activity on this website that restricts or inhibits any other user from using or enjoying this Online Services by "hacking", "cracking", "spoofing", or defacing any portions of the Online Services.
You may not post or transmit through or using Online Services, any software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents. You may not harvest or collect information about Online Services visitors without their express written consent.
You agree not to sell or transfer your use of or access to Online Services or permit anyone else whose account was suspended or terminated to use this website through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify Mirantis of any unauthorized use of your account or any other breach of security. Mirantis will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.
We make no representation that Online Services, or any of the products and services referenced herein, are appropriate, or available, worldwide and in fact certain products and / or services may not be available worldwide.
We do not promise that Online Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in the use of such online services such as the Online Services that could result in the loss of your privacy, data, confidential information, and/or property.
We may monitor the content of Online Services, to determine compliance with these Terms of Use and any other operating rules established by Mirantis. We have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on Online Services that we find to be in violation of these Terms of Use or is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website. You acknowledge and agree that Mirantis does not have any liability for any action or inaction with respect to any conduct, communication or posting on the Online Services.
We reserve the right to reject any user name in our sole discretion that may that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion.
We reserve the right, at our sole discretion and for any reason, to terminate your access to Online Services.
SOFTWARE USE
Any software that is made available to you to download or use from Online Services is the copyrighted work of Mirantis and third parties. Your use of such software is governed by the terms of the applicable end user or license agreement. You will not install any software that is accompanied by or includes an end user or license agreement, unless you first agree to the terms of such agreement(s).
SUBMISSION OF IDEAS
We welcome and value your submissions to Online Services so long as you adhere to the Terms of Use. By transmitting or posting any submissions to any area of the Online Services, you grant Mirantis a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such submissions for any purpose whatsoever, commercial or otherwise, without compensation to you. None of your submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on Mirantis’ part and Mirantis will not be liable for any use or disclosure of any submissions. You represent, warrant and covenant that you own or have all necessary rights to post and transmit your submissions; that your submissions are accurate; that your submissions will not violate the Terms of Use and will not infringe or violate any copyright, trademark, trade secret, privacy, publicity right or any other right of any third party; and that you will indemnify and hold harmless Mirantis and its affiliates, officers, employees, agents and licensors for all claims resulting or arising from your Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICALLY AVAILABLE IN A SUBMISSION OR OTHERWISE IN CONNECTION WITH THE ONLINE SERVICES, YOU DO SO AT YOUR OWN RISK. You acknowledge that other users may occasionally post submissions, that, whether intentionally or unintentionally, are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such submissions, or for any opinion, advice, information or other content made or displayed on the website by any third parties. Mirantis has no obligation to monitor any submissions or other materials that you or other users transmit or post on Online Services. You acknowledge and agree that Mirantis has the right (but not the obligation) to monitor any submissions that you or other users transmit or post and to alter or remove any such Submissions. Under no circumstances will Mirantis or its affiliates, officers, employees, agents or licensors be liable for any submissions transmitted or posted on the Online Services or for any loss or damage caused by your reliance on such submissions.
LINKS
The Online Services may contain links to other websites and resources and are provided for convenience only. Mirantis is not responsible for the content or availability of any linked websites. The inclusion of any link to Online Services does not imply endorsement by Mirantis of the website or their entities, products, or services.
EXPORT CONTROL
By using the Online Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. Mirantis makes no claim that content contained on or in the Online Services is appropriate or may be downloaded outside the United States. If you access the Online Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
INDEMNIFICATION
You agree to defend, indemnify and hold Mirantis and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of submitted content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such content, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided (pertaining to the submitted content), and any violation of the Terms of Use including, but not limited to unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions.
DISCLAIMER
THE ONLINE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE ONLINE SERVICES IS AT YOUR OWN RISK. MIRANTIS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THE ONLINE SERVICES, THIS WEBSITE OR ANY CONTENT. MIRANTIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIRANTIS DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE ONLINE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THE ONLINE SERVICES OR ANY CONTENT. MIRANTIS MAKES NO WARRANTY THAT, (I) THE ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE SERVICES WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE SERVICES WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE ONLINE SERVICES, ITS CONTENT, AND THE SERVER ON WHICH THE ONLINE SERVICES AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THE ONLINE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE ONLINE SERVICES OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY MIRANTIS AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, MIRANTIS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SERVICES, EVEN IF MIRANTIS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE ONLINE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; ( c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ONLINE SERVICES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. MIRANTIS’ AGGREGATE LIABILITY ARISING FROM OR IN CONNECTION WITH THE ONLINE SERVICES OR THE SUBJECT MATTER HEREOF, UNDER ANY LEGAL THEORY (WHETHER IN ACTION, IN CONTRACT, OR TORT INCLUDING NEGLIGENCE), WILL NOT EXCEED THE GREATER OF $1,000 (USD) OR THE AMOUNT OF FEES PAID BY YOU TO MIRANTIS FOR USE OF THE ONLINE SERVICES IN THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
TRADEMARKS
The trademarks, logos, and service marks displayed on the Online Services are the property of Mirantis or other third parties. You are not permitted to use them without our prior written consent of the party who owns each such trademarks, logos, and service marks.
COPYRIGHTS
Mirantis and others owns the intellectual property rights in the HTML, text, images audio, video, software or other content that is made available on the Online Services, or has obtained the permission of the owner of the intellectual property to make it available on the Online Services. Except as may be allowed by an applicable open source license, You may not redistribute or copy any part of the Online Services or content on the Online Services without written permission from Mirantis. We authorize you to display on your computer, download and print pages from this website provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal, educational and non-commercial use, and (d) you do not redistribute or copy the information to any other media. Please contact Mirantis if you believe that your work has been copied in a way that constitutes copyright infringement.
PRIVACY
Except as provided in the Terms of Use You agree to the Mirantis Privacy Policy found at https://www.mirantis.com/company/privacy-policy/.
JURISDICTION
The Terms of Use will be governed by and construed in accordance with the laws of the State of California, without reference to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded, will not govern the Terms of Use. Any dispute regarding the Terms of Use will be subject to the exclusive jurisdiction of the state courts in and for Santa Clara County, California, U.S.A. (or, if there is federal jurisdiction, the United States District Court for the Northern District of California), and the parties hereby irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts. The Uniform Computer Information Transactions Act (UCITA) or any similar laws or regulations do not apply to this Agreement and the governing law will remain as if such law or regulation had not been enacted.
If one or more of the provisions contained in the Terms of Use is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
