Ksplice Terms of Service
Your use of the Ksplice Uptrack for Ubuntu service and the Ksplice website (the “Services”) is subject to the provisions of these Ksplice Terms of Service (the “Terms”). By accessing or using the Services, you agree to be bound by the Terms. It is important that you take the time to read them carefully.
Some Ksplice software related to the Services is available in source code form under the terms of the GNU General Public License and other open source licenses (collectively, “Open Source Licenses”), as specified with the software. Nothing in this Agreement will be construed to limit any rights granted under the Open Source Licenses.
Software use
Any software (“Software”) that is made available to you to download from the Services is the copyrighted work of Ksplice and/or third parties. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (“License Agreement”). You will not install any Software that is accompanied by or includes a License Agreement, unless you first agree to the terms of the License Agreement.
The Software is warranted, if at all, in accordance with the terms of the License Agreement. Except as set forth in the License Agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid.
Trademarks
The trademarks, logos, and service marks (“Marks”) displayed on the Services and the Software are the property of Ksplice or other third parties. You are not permitted to use these Marks without the prior written consent of Ksplice or such third party which may own the Mark.
Privacy policy
We value your privacy and will take all reasonable steps to protect your personal information. In order to provide the Services and to improve the Services, the Software may contact Ksplice with information about your computer’s operating system, including without limitation the version number of the Linux kernel that you are running. The Software may also report to Ksplice any errors encountered in the operating system kernel, to alert us in case one of our updates causes problems.
We will not share your personal information (including email address) with any third party, except as we, in our sole discretion, believe necessary to (a) comply with the law, (b) enforce terms of service, (c) detect, prevent, or otherwise address fraud, security, or technical issues, or (d) protect against harm to the rights, property, or safety of Ksplice or others. We may also share with third parties aggregated information that does not identify you.
Provision of the Services
Ksplice may permanently or temporarily stop providing any Services, or any features within any Services, to you or to users generally at Ksplice’s sole discretion, without prior notice to you. The form and nature of any Services may change from time to time without prior notice to you.
Disclaimer
The Services, the Software, and all content, materials, and information are provided on an “as is” and “as available” basis. Your use of the Services and the Software is at your own risk. Ksplice makes no warranties or representations, express or implied, as to the functionality or usefulness of the Services, the Software, or any content. Ksplice disclaims all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose. Ksplice 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 Services, the Software, 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 Services, the Software, or any content.
Ksplice makes no warranty that (i) the Services or the Software will be uninterrupted, timely, secure, or error-free, (ii) the results that may be obtained from the use of the Services or the Software will be accurate or reliable, (iii) the quality of any services, software, or content, information, or other materials purchased or obtained by you through the Services or Software will meet your expectations, (iv) any errors in the Services or the Software will be corrected, or that the Services, the Software, their content, and any servers on which the Services, the Software, and content are available are free of viruses or other harmful components.
Any material (including content) downloaded or obtained through the use of the Services or the Software 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 or through the Services or the Software or through links is not adopted or endorsed by Ksplice and remains the responsibility of the third party.
Limitation of liability
To the fullest extent permitted by law, Ksplice 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 Services or the Software, even if Ksplice 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 Services or the Software; (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 Services or the Software; (c) statements or conduct of any third party on the Services or the Software, 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.
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.
General legal terms
This agreement and all claims relating to the relationship between the parties are governed by the laws of the United States and of the State of New York, without regard to choice of law provisions.
If one or more of the provisions contained in the Terms 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.
Ksplice may change the Terms from time to time. When these changes are made, the new version of the Terms will be made available at http://www.ksplice.com/terms. Your continued use of the Services signifies your agreement to the updated Terms.
The Terms constitute the whole legal agreement between you and Ksplice (but excluding any services which Ksplice may provide to you under a separate written agreement), and completely replace any prior agreements between you and Ksplice in relation to the Services.