terms of use
Welcome to the Zenoss website (the “website”). Please read these terms and conditions of use carefully (“Terms of Use”). These Terms of Use govern how you may access and use the website. By visiting the website, you affirm that you have read and accept all of the following terms and conditions, which we may update from time to time without notice to you. Your continued use of this website after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this website.
Rules of Conduct
When using this website, including (without limitation) when uploading or otherwise transmitting content through this website, you agree not to: (a) violate any applicable local, state, national or international law or regulations; (b) engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, or misrepresenting your affiliation with any person or entity; (c) transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, pornographic, indecent, libelous, invasive of another’s privacy or publicity rights, bigoted, hateful or racially, ethnically or otherwise objectionable; (d) violate or attempt to violate the security of the website, use any device, software or routine to interfere or attempt to interfere with the proper working of the website, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (e) engage in any activity that restricts or inhibits any other user from using or enjoying this website, such as by "hacking", "cracking", "spoofing", or defacing any portions of this website; (f) upload any e-mail addresses, or collect personal information for any commercial use or unlawful purposes; (g) transmit any content which you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (h) transmit any content that contains any viruses, worms, time bombs, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of any software or hardware or equipment or materials used in connection with the website; (i) infringe, misappropriate, or otherwise violate any existing national or international copyright, trademark, service mark, trade name or other intellectual property or proprietary rights of any person or entity whatsoever; (j) encourage or promote illegal activities; (k) give any password used for a function of this website to anyone; (l) transmit advertising or commercial solicitations, promotional materials relating to website or online services or software which are competitive with Zenoss and/or this website; (m) transmit political campaign materials, chain letters, mass mailings or spam mail; (n) transmit any robot, spider, website 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; or (o) harvest or collect information about website visitors without their express written consent. Zenoss reserves the right to seek damages from any person or entity which violates these Terms of Use to the fullest extent permitted by law.
Zenoss has the right and sole discretion, but not the obligation, to monitor the content of this website and to edit, refuse to post, or remove any material submitted to or posted on this website that we find to be in violation of these Terms of Use, or which 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 Zenoss does not have any liability for any action or inaction with respect to any conduct, communication or posting on this website.
Trademarks, Copyrights and other Intellectual Property Rights
Zenoss is a registered trademark of Zenoss, Inc. The trademarks, logos and service marks displayed on this website are the property of Zenoss or other third parties. You are not permitted to use these marks without the prior written consent of Zenoss or such third party which may own the Mark.
Any information, our perspective, methodologies, studies, video files, audio files, software code, photographs, graphics, processes, technologies or other materials (the "Materials") published on the websites may be the subject of intellectual property rights reserved by Zenoss, its subsidiaries or licensors. The site visitors Terms of Use do not grant a license hereunder to otherwise use, copy, distribute or transfer the Materials.
Zenoss either owns the intellectual property rights in the HTML, text, images, audio, video, software or other content that is made available on this website, or has made such materials available with permission of the owner. Without its prior written permission, Zenoss prohibits the redistribution or copying of any part of this website or content on this website. However, Zenoss authorizes you to display on your computer, download and print pages from this website, provided that the pages are unaltered and the content is used only for personal, educational and non-commercial and is not redistributed or copied to any other media.
Software
Any software that is made available to you to download from this website is the copyrighted work of Zenoss and/or third parties. Your use of such software is governed by the terms of the end user license agreement which accompanies or is included with the Software.
Links
Solely as a courtesy to you, this website may contain links to third-party websites and resources. We do not endorse, approve, certify or control any of those websites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. Zenoss believes that you should take all necessary precautions whenever you use or download from a non-Zenoss website and you should take whatever measures you can to ensure that any information or file downloads are free from viruses.
Export Control
By using this website, you represent and warrant that you are not prohibited by the U.S. government from participating in export or re-export transactions, or 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 Materials unless you have complied with all applicable U.S. and foreign government export controls and approvals. Zenoss makes no claim that content contained on this website is appropriate or may be downloaded outside the United States. If you access this website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Indemnification
Any person or entity submitting content or otherwise using this website agrees to defend, indemnify and hold Zenoss and its affiliates and licensors, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of such use, including (without limitation) claims made by third parties related to a violation of any representation or warranty contained in these Terms of Use and any claim related to submitted content, even if such content is reviewed by Zenoss prior to publishing on the website.
Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE VIA THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS WEBSITE AND ANY CONTENT AVAILABLE FROM THIS WEBSITE IS AT YOUR OWN RISK. ZENOSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, NON-INTERFERENCE AND ACCURACY OF INFORMATIONAL CONTENT. ZENOSS 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 THIS WEBSITE OR ANY CONTENT AVAILABLE FROM THIS WEBSITE, 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 THIS WEBSITE OR ANY CONTENT AVAILABLE FROM THIS WEBSITE.
ANY CONTENT DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE 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 SUCH CONTENT. INFORMATION CREATED BY A THIRD PARTY THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY ZENOSS AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZENOSS, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THIS WEBSITE, OR THE CONTENTS THEREOF, OR OF ANY HYPERLINKED WEB SITE, INCLUDING (WITHOUT LIMITATION) ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF ZENOSS, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Privacy
Please see our Privacy Policy, located at https://www.zenoss.com/privacy, which is incorporated herein by reference.
Jurisdiction & Dispute Resolution
Zenoss controls the websites from its offices in Austin, TX, United States of America. Website visitors agree that any legal action, proceeding or other matters relating to their access to or use of the Materials or the websites shall be governed by U.S. federal law and the laws of the State of Texas, U.S.A., without regard to choice of law provisions. YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR ANY MATERIALS SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF TRAVIS IN THE STATE OF TEXAS. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY MATERIALS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
If any provision of these Terms of Use is found to be invalid by a court with competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
