GroundWork Open Source, Inc. ("GW") provides access to the information, resources, and materials related to monitoring software on this web site, located at www.monitoringforge.org (the "Site"), subject to the following terms and conditions (the "Terms"). When using the Site, you ("User") will also be subject to any additional posted guidelines or rules applicable to specific services and features (the "Guidelines"), which are hereby incorporated into these Terms. By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by the Terms. If you do not agree to these Terms, please do not use the Site.
Privacy Policy. GW's Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
Ownership; Proprietary Rights. The content, data, and all other elements of the Site provided by GW ("GW Materials") are owned and/or licensed by GW and protected by all relevant intellectual property, proprietary, and other applicable laws and regulations. GW Materials do not include any third-party software hosted on the Site that is generally available under an open source software license ("OSS"), User Submissions (defined below) or any other content owned and submitted by Users. Except as expressly authorized by GW, you agree not to sell, license, distribute, copy, modify, publicly perform or display, or otherwise make unauthorized use of GW Materials. GW reserves all rights not expressly granted in these Terms. You further agree not to (a) intentionally interfere with, damage, impair, or disable the operation of the Site or any User's enjoyment of it, by any means (whether through automated use of the Site or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; or (b) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users.
User Submissions.
General. The Site may now or in the future permit the submission and posting of or linking to OSS, software products, text, commentary or any other content submitted by you and other users ("User Submissions"), and the hosting and/or publishing of such User Submissions. GW may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, GW does not guarantee any confidentiality with respect to any User Submissions.
Grant of Rights. You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to GW, you hereby grant GW and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and otherwise exploit your User Submissions in connection with the Site and GW's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You also agree to irrevocably waive (and cause to be waived) any claims of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use such User Submissions as permitted by the functionality of the Site and these Terms. The aforementioned licenses will terminate when User or GW removes User's Submission(s) from the Site.
Notwithstanding the foregoing, any OSS offered on the Site is licensed subject to the applicable OSS license.
User Submissions Representations and Warranties. In connection with User Submissions, you represent and warrant that: (i) you own, or have the necessary rights to use and authorize GW to use, all intellectual property or other proprietary rights to User Submissions to enable inclusion and use of User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, GW's use of such User Submissions in connection with the Site, and GW's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any intellectual property and proprietary rights; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage GW or any third party; (ii) submit material that is threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate; (iii) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iv) post User Submissions that would be harmful to minors in any manner.
Content Disclaimer. You understand that when using the Site you will be exposed to User Submissions and other content (such User Submissions and other content, collectively, "Content") from a variety of sources, and that GW is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GW with respect thereto. GW does not endorse any User Submission or other Content or any opinion expressed therein. Under no circumstances will GW be liable in any way in connection with any User Submissions or other Content, including, but not limited to, for any inaccuracies, errors or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content displayed or transmitted via the Site.
Non-Monitoring of Users and Content. GW does not control the Content posted by Users and does not have any obligation to pre-screen or monitor such Content. If at any time, GW chooses, in its sole discretion, to pre-screen or monitor the Content, GW nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Without limiting the foregoing, GW and its designees may, at any time and without prior notice, remove any Content, in whole or in part, for any reason. Furthermore, you alone are responsible for your involvement with other Users. GW reserves the right, but has no obligation, to monitor disagreements between you and other Users.
Account Information. In order to access some features of the Site, you will have to create an account. When creating your account, you must provide true, accurate, current, and complete information. You also must ensure that this information is kept accurate and up-to-date at all times. You agree that GW may access, preserve and disclose your account information and User Submission if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any User Submission violates the rights of third parties; (d) to respond if you contact GW; or (e) protect the rights, property or personal safety of GW, the Users and the public.
If you are opening an account on behalf of yourself, you represent that you are the age of majority in your jurisdiction (18 years or older in most states, 19 or older in Nebraska and Alabama) and fully able and competent to enter into these Terms. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are opening an account on behalf of a company, entity, or organization (collectively "Registering Organization"), then you represent and warrant that you are an authorized representative of that Registering Organization with the authority to bind such organization to the Terms, and agree to be bound by the Terms on behalf of such Registering Organization.
GW reserves the right to change these Terms from time to time at its sole discretion. All changes shall be effective immediately. In the event of a material change, we will notify you via e-mail according to your account preferences. Please check these Terms periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes.
Password. When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you should immediately notify GW. You may be liable for the losses incurred by GW or others due to any unauthorized use of your account.
Links to Third Party Sites. The Site may contain links to third party sites which are not under the control of and are not maintained by GW ("Reference Sites"). Access to any Reference Sites is at the User's own risk and GW is not responsible for the accuracy or reliability of information, opinions, or statements on Reference Sites. GW provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement.
Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. You agree that GW will not be responsible or liable for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site.
Availability of the Site. GW may make changes to or discontinue the Site or any part thereof at any time, and without notice. The Site, and any part thereof, may be out of date, and GW makes no commitment to update these materials on the Site.
Termination. You agree that GW, in its sole discretion and for any or no reason, may terminate any User account (or any part thereof) or your use of the Site at any time, and you agree that GW shall not be liable to you or any third-party for any such termination. You may terminate these Terms at any time by closing your account, if any, and discontinuing your use of the Site.
Indemnification; Hold Harmless. You agree to indemnify and hold harmless GW, and its parent, subsidiaries, affiliates or any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney's fees) arising out of (i) your use or misuse of the Site; (ii) your User Submissions, including GW's use, display or other exercise of its license rights granted herein with respect to your User Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third party intellectual property rights; and (v) your breach of the foregoing representations, warranties, and covenants. GW reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GW. GW will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.
Disclaimer. THE SITE, OSS, USER SUBMISSIONS AND ANY CONTENT MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GW AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GW AND ITS AFFILIATES DO NOT WARRANT THAT THE GW MATERIALS, OSS, USER SUBMISSIONS, THE SITE, OR ANY OTHER INFORMATION OFFERED THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. GW AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF USE OF THE SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL GW OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING UNDER THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE GW MATERIALS, OSS, USER SUBMISSIONS, OR THE SITE, EVEN IF GW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GW'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL GW OR ITS AFFILIATES TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OR IN CONNECTION WITH THE SITE EXCEED ONE HUNDRED DOLLARS.
Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof, and believe that any User Submission or other content hosted on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works from the Site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GW to locate the material; (iv) Information reasonably sufficient to permit GW to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GW's designated Copyright Agent to receive notifications of claimed infringement is: Tara Spalding, email: dmca@gwos.com, telephone: +1 415 992 4500, fax: +1 415 947 0684.
Trademarks. GroundWork, GroundWork Open Source, GroundWork Monitor Enterprise Edition, GroundWork Monitor Starter Edition, GroundWork Monitor Community Edition, GroundWork Monitor Professional, GroundWork Monitor Open Source, MonitoringForge, Seurat View, GroundWork Foundation, GroundWork Status Viewer, MonArch, and GroundWork Guava are trademarks of GroundWork Open Source, Inc. In addition to these, other trademarks, logos and service marks (each, a "Mark") found on the Site may be the property of GW or other third parties. Users are not permitted to use these Marks without the prior written consent of GW or the third party that owns the respective Mark. GW bears no responsibility or liability for, and disclaims sponsorship of or affiliation with, any third party Marks uploaded to or displayed by Users through the Site. GW is generally unable to evaluate the merits of Mark disputes and encourages Users to resolve any such disputes directly.
Disclosures. The Site is offered by GW, located at 139 Townsend St., Ste. 500, San Francisco CA 94107 and email: info@groundworkopensource.com.. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Survival. Sections 2-5, 11-16, 18, and 19 will survive any termination of these Terms or your account.
Miscellaneous. These Terms are the entire agreement between the parties on the subject matter hereof. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any provision hereof. The relationship of the parties hereunder is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venturer of the other. In the event that any provision of these Terms is held to be unenforceable, these Terms will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties. These Terms will be governed by the laws of the State of California, without regard to its conflict of laws principles. The parties consent to the personal and exclusive jurisdiction of the state and federal courts located in Santa Clara County, California. You may not assign these Terms without the prior written consent of GW, and any prohibited assignment will be null and void. Waiver by either party of a breach of any provision of these Terms or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
IMPORTANT DISCLAIMER: This website includes trademarks of third parties that are not affiliated with or sponsors of GroundWork Open Source, Inc. Any such third party trademarks are used for identification purposes only. Please see the Terms of Use for additional information regarding use of trademarks on this website. Nagios is a registered trademark of Nagios Enterprises.
