ManageIQ

Terms of Use

General Information

Please read these ManageIQ website terms of use (“Terms”) carefully because they apply to your use of the ManageIQ website (https://manageiq.org/) (“Website”). The Terms form a binding legal agreement between you and Red Hat, Inc. (“Red Hat”) concerning your use of the Website.

Your Agreement to the Terms

Your access or use of the Website signifies that you have read, understand and agree to be bound by the Terms. By accessing or using the Website you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Website. If you do not agree to the Terms, you are not authorized to use the Website.

Changes to the Terms

We encourage you to periodically review the Terms. From time to time, Red Hat may change, remove, add to or otherwise modify the Terms (resulting in “Revised Terms”), and reserves the right to do so in its discretion, in which case Red Hat will post the Revised Terms on the Website and indicate the date of revision. Revised Terms take effect immediately upon posting. If you do not agree with the Revised Terms, you may terminate this agreement by ceasing use of the Website. Your continued use of the Website after Revised Terms are effective indicates that you have read, understood and agreed to the Revised Terms.

General Provision of the Website

Red Hat makes the Website available to you under the Terms. You may only use the Website in accordance with the Terms. Moreover, your use of the Website is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations in using the Website. You are solely responsible for compliance with all such laws and regulations.

Location of the Website; Export Control

The Website is controlled by Red Hat from its facilities in the United States. Red Hat makes no representations that the Website is appropriate or available for use in other locations. If you are accessing or using the Website from other jurisdictions, you do so at your own risk, and you are responsible for compliance with local law.

By using the Website, 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 that you will not export or re-export any goods or products unless you have complied with all applicable government export controls and approvals.

User Conduct

“Content” means any material, data or information, such as data files, text, software, audio files, images, or videos.

You agree not to use the Website to:

  1. Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, privacy, or other applicable laws;
  2. Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, spam, or any other form of unwelcome solicitation or advertising;
  3. Post, use or transmit Content that contains software viruses or any other computer programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or otherwise interfere with or disrupt the Website;
  4. Post or transmit Content that is harmful, offensive, obscene, vulgar, abusive, scandalous, pornographic, indecent, invasive of privacy, defamatory, derogatory, hateful, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
  5. Intimidate, threaten, or harass another;
  6. Use or attempt to use another’s account or personal information;
  7. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website;
  8. Attempt to gain unauthorized access to the Website, other accounts, computer systems or networks associated with the Website, or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;
  9. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  10. Post or transmit any personally identifiable information about persons under 13 years of age; or
  11. Use the Website in any manner that could disable, overburden, damage or impair the Website, or interfere with any other party’s use or enjoyment of the Website.

Terms Relating to Content on the Website

  1. Responsibility for Content

    You understand that all Content which you may have access to as part of, or through your use of, the Website is the sole responsibility of the person from which such Content originated. You acknowledge that Red Hat does not make any representations or warranties about the Content, including, without limitation, representations or warranties about the accuracy, integrity, provenance, ownership or quality of the Content made available by users of the Website. You understand that by using the Website you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is Red Hat liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available through the Website.

  2. Trademarks

    The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Red Hat or other parties. You are not permitted to use Marks owned by Red Hat, or any confusingly similar Mark, without the prior written consent of Red Hat, except that you may copy unaltered images of the ManageIQ logo to your computing device solely for personal, educational and non-commercial use. You are not permitted to use Marks owned by third parties without their consent.

  3. Licenses Associated With Content on the Website

    1. Red Hat Content: Unless otherwise indicated, all Content owned by Red Hat that is made available by Red Hat on the Website is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported License) (“CC BY-SA”), except for Marks owned by Red Hat.

    2. Your Content: You hereby agree that all Content you voluntarily post or transmit on or through the Website is licensed under CC BY-SA, is not copyrightable, or is in the public domain. When you post your Content, you designate Red Hat as the “Attribution Party” for purposes of CC BY-SA, as defined therein, and grant permission for the Website URI to be associated with your Content for purposes of that license. If Content you wish to provide is protected by copyright, then, if it is not licensed under CC BY-SA, you must not provide it to the Website. You may otherwise license your Content on any terms or no terms at all, but upon uploading or supplying Content protected by copyright to the Website, you are licensing such Content under CC BY-SA in addition to any such other license that may apply to your Content, and designating Red Hat as the Attribution Party for purposes of that license.

  4. Content You Provide

    You may only submit Content to the Website that you have the right to submit. This means that you may only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through the Website violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. You further represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information about any person who is under 13 years of age. Red Hat may, but is not obligated to, review your submissions and may in its sole discretion delete or remove (without notice) any Content that Red Hat determines violates the Terms, may be offensive or illegal, or might violate the rights, harm or threaten the safety of others. Red Hat does not endorse or support any Content posted by you or any third party on or through the Website.

  5. Use of Content on the Website

    By using the Website, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Website without your own independent evaluation of that Content. Red Hat does not guarantee that Content made available on the Website does not infringe the rights of any third party.

Third Party Websites and Content; Links

The Website contains links to websites not controlled by Red Hat (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than Red Hat (“Third Party Content”). You acknowledge that Red Hat (a) is not responsible or liable for any Third Party Websites, any Third Party Content or information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or noninfringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.

Registered Users

Only persons who are over the age of majority in their jurisdiction and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for and obtain an account on the Website. By registering for an account on the Website, you agree to abide by the Terms.

You agree to (a) provide accurate, current and complete information about yourself, where prompted to do so by the registration process for the Website, (b) maintain the security of your username and password, (c) maintain and promptly update your registration information and any other information you provide when registering an account, and to keep such information accurate and complete, (d) be fully responsible for all use of your account and for any actions that result from use of your account, and (e) immediately notify Red Hat of any unauthorized use of your account or any other breach of security. You may not select a username that impersonates some other person, organization or business, is or may be unlawful, is protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. Red Hat reserves the right to reject any username in its sole discretion. You may not set up an account on behalf of another individual or entity, sell or transfer your account, or permit anyone whose account was suspended or terminated to use your account. Red Hat will not be liable for any loss you incur as a result of someone else using your account with or without your permission.

Red Hat may, at any time: (a) modify, suspend or terminate the operation of or access to your account for any reason; (b) modify or change the Terms, including those elements of the Terms that govern your account, for any reason; (c) interrupt accounts for any reason, and (d) delete and purge any account and all Content associated with it (for example, following any prolonged period of inactivity), all as Red Hat deems appropriate in its complete discretion. Your access to your account, and your use of the Website, may be terminated by you or by Red Hat at any time and for any reason whatsoever, without notice. Red Hat disclaims any and all liability to you and third parties in the event Red Hat exercises its right to terminate your account.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RED HAT OFFERS THE WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. RED HAT DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT RED HAT’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RED HAT DOES NOT PROVIDE ANY WARRANTY OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT WITH RESPECT TO ITS ACCURACY, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL RED HAT, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“RED HAT PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE RED HAT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE RED HAT PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE. IN PARTICULAR, THE RED HAT PARTIES SHALL NOT BE RESPONSIBLE FOR CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITE, FOR YOUR USE OF THE WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE OR OTHERWISE RELATING TO THE WEBSITE.

Indemnification

You agree to indemnify and hold harmless the Red Hat Parties (defined above) from and against any and all loss, expenses, damages, and costs, including attorneys’ fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the Red Hat Parties from and against any and all claims brought by third parties, including without limitation claims for patent, copyright or trademark infringement, arising out of your use of the Website and the Content you make available through the Website by any means, such as through a posting, a link, reference to Content, or otherwise.

Privacy Policy

Red Hat is committed to handling responsibly the information and data it collects through the Website and agrees to use your personal information in accordance with the Privacy Policy (http://www.redhat.com/legal/privacy_statement.html) and the Terms. The Privacy Policy is hereby incorporated by reference into these Terms. In the event of any conflict between these Terms and the Privacy Policy, the Privacy Policy shall control.

Red Hat respects the intellectual property rights of others and prohibits users of the Website from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.

To file a notice of copyright infringement with Red Hat concerning the Website, please provide the following information to the Red Hat-designated copyright agent listed below:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed.
  2. A description of the material that you claim is infringing the copyrighted work listed in item 1.
  3. An address, telephone number, and an email address where the alleged infringing party can contact you.
  4. The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. Your electronic or physical signature.

To file a counter notification with us, please provide the following information to the Red Hat-designated copyright agent listed below:

  1. A description of the material that Red Hat has removed or to which Red Hat has disabled access.
  2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located (or the United States District Court for the Eastern District of North Carolina if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
  3. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  4. Your electronic or physical signature.

Red Hat has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Please send notifications of infringement and counter notifications to the designated agent at:

Assistant General Counsel, Intellectual Property
Red Hat, Inc.
100 East Davie Street
Raleigh, NC 27601
USA
phone: +1 919 754 3700
fax: +1 919-754-3704
email: dmca at redhat dot com

Termination of this Agreement

These Terms will continue to apply until terminated by either you or Red Hat as set forth below. Your right to access and use the Website terminates automatically upon your breach of any of these Terms.

Red Hat may, at any time: (a) modify, suspend or terminate the operation of or access to the Website, or any portion of the Website, for any reason; (b) modify or change the Website, or any portion of the Website, and the Terms, for any reason; (c) interrupt the operation of the Website, or any portion of the Website, for any reason, all as Red Hat deems appropriate in its sole discretion.

Your access to, and use of, the Website may be terminated by you or by Red Hat at any time and for any reason.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions of these Terms, and your warranties and indemnification obligations, shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license.

Miscellaneous Terms

These Terms are governed by the laws of the State of New York, exclusive of its choice of law rules. You and Red Hat agree to submit to the jurisdiction of the state courts located within Wake County, North Carolina and to the jurisdiction of the federal courts located in the United States District Court for the Eastern District of North Carolina.

Red Hat’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right.

If any provision contained in the Terms is held to be invalid or unenforceable by any court of competent jurisdiction, such provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

These Terms constitute the entire agreement between you and Red Hat relating to the subject matter herein and supersede all prior communications, agreements, understandings and arrangements between you and Red Hat, whether oral or written.

The section headings of these Terms are for convenience only and have no legal or contractual effect.

License and Provenance of These Terms

These Terms are licensed under the Creative Commons Attribution 3.0 Unported License (http://creativecommons.org/licenses/by/3.0/). They are based on and a modification of the Creative Commons Terms of Use (http://creativecommons.org/terms), authored by Creative Commons Corporation.

These Terms of Use are effective as of June 6, 2014.