This is an Agreement between You (as defined below) and The Linux Foundation, an Oregon nonprofit corporation. In exchange for The Linux Foundation’s provision of the Service, You agree to the following:
- “Members” means any members of The Linux Foundation;
- “Agreement” means these Terms and Conditions for Linux Foundation Certification Verification Tool;
- “Service” means the Linux Foundation Certification Verification Tool;
- “You” and “Your” for purposes of this Agreement, means the person using the Service, or if the person using this service is doing so as an employee or agent of a corporation, limited liability company, or other legal entity (including non-registered entities such as unincorporated associations or general partnerships), then “You” shall mean such legal entity.
- Relationship to Terms of Service. The Terms of Service of linuxfoundation.org (“Terms of Service”) are made a part of this Agreement, and by agreeing to this Agreement you also agree to the Terms of Service. This Agreement supplements the Terms of Service. In the event of a conflict between the Terms of Service and this Agreement, the Terms of Service shall prevail.
- Rules Regarding Use of the Service
- You agree to use the information retrieved from the tool only for your own personal purposes, or if You are an entity, only for the internal purposes of Your organization.
- You agree not to republish the information in a manner accessible to the public.
- You agree not to attempt to download either the entirety or substantial portions of the information that the Service provides.
- You agree not to download or access information from the Service using a “bot”, script, or other computer program.
- Disclaimer and Limitation of Liability
IN NO EVENT WILL THE LINUX FOUNDATION AND/OR THE MEMBERS BE LIABLE TO YOU (AN INDIVIDUAL OR ENTITY) OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO ANY USE OF THIS WEB SITE, THE CONTENT, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF THE LINUX FOUNDATION OR THE MEMBERS ARE EXPRESSLY ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.ALL CONTENT IS PROVIDED BY THE LINUX FOUNDATION AND/OR THE MEMBERS ON AN “AS IS” BASIS ONLY. THE LINUX FOUNDATION AND THE MEMBERS PROVIDE NO REPRESENTATIONS, CONDITIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
- No Warranty of Accuracy. The Linux Foundation and its Members assume no responsibility regarding the accuracy of the Service and use of the Service is at Your own risk. The Linux Foundation and the Members provide no assurances that any reported problems with the Service will be resolved.
- No Recommendation and No Endorsement. The Service is provided for informational purposes only and The Linux Foundation makes no endorsement or recommendation related to the information provided.
- Access to Service. The Linux Foundation reserves the right to take any measures necessary to ensure that You and other users comply with this Agreement, and may terminate the Service at any time, or may terminate access to the Service for certain geographic regions, networks, or place other limitations on the Service as The Linux Foundation deems fit.
- No Waiver. The Linux Foundation will not be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than (i) by an officer of The Linux Foundation and (ii) in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
- Choice of Law & Jurisdiction. This Agreement will be governed solely by the internal laws of the State of California, without reference to such State’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of San Francisco, California.
- Entire Agreement; Severability. This Agreement sets forth the entire Agreement of the parties relating to the Service and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
- Injunctive Relief. You agree that violation of the provisions of this Agreement might cause the Linux Foundation irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, the Linux Foundation will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.