1. ACCEPTANCE OF TERMS
UNIX Packages, LLC. provides the information and services on the unixpackages.com the (“Site”) to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use applicable to the Site. Your use of the Site constitutes agreement with the terms and conditions of use set forth herein (the “Terms”). Before using the Site, please carefully read this agreement relating to your use of the Site. By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site. UNIX Packages reserves the right, at their sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes). Your continued use of the Site following the posting of changes to these Terms will mean that you accept those changes. Use of the Site constitutes full acceptance of and agreement to the Terms; if a user does not accept these Terms, he or she is not granted rights to use the Site as defined herein, and should refrain from accessing the Site. UNIX Packages reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof). UNIX Packages shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using the Site, you warrant to UNIX Packages that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Site automatically terminates.
3. DESCRIPTION OF SERVICES
The Site is owned and operated by UNIX Packages for the purpose of providing software applications, technology news, and information the IT community.
4. REGISTRATION OBLIGATIONS
Under no circumstances will UNIX Packages be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Some software on this site may have hooks to cryptography. The standard statement (taken from the OpenSSL statement) applies to any such software from this Site.
“PLEASE REMEMBER THAT EXPORT/IMPORT AND/OR USE OF STRONG CRYPTOGRAPHY SOFTWARE, PROVIDING CRYPTOGRAPHY HOOKS OR EVEN JUST COMMUNICATING TECHNICAL DETAILS ABOUT CRYPTOGRAPHY SOFTWARE IS ILLEGAL IN SOME PARTS OF THE WORLD. SO, WHEN YOU IMPORT ANY PACKAGE TO YOUR COUNTRY, RE-DISTRIBUTE IT FROM THERE OR EVEN JUST EMAIL TECHNICAL SUGGESTIONS OR EVEN SOURCE PATCHES TO THE AUTHOR OR OTHER PEOPLE YOU ARE STRONGLY ADVISED TO PAY CLOSE ATTENTION TO ANY EXPORT/IMPORT AND/OR USE LAWS WHICH APPLY TO YOU. THE AUTHORS ARE NOT LIABLE FOR ANY VIOLATIONS YOU MAKE HERE. SO BE CAREFUL, IT IS YOUR RESPONSIBILITY”.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT ON THE SITE:
Use, reproduction, modification, and other intellectual property rights to packages stored on the Site will be subject to licensing arrangements that may or may not be approved by UNIX Packages. License information for the packages themselves can be found by viewing the source code and/or by visiting the developers website.
7. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Site, use of the Site, or access to the Site without express agreement by UNIX Packages.
8. GENERAL PRACTICES REGARDING USE
UNIX Packages reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. UNIX Packages reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above. In addition, you will use the Sites in compliance with all applicable international, state, federal and local laws and in accordance with these Terms. In addition to the above, you may not access or use the Site for any purpose other than that for which UNIX Packages makes it available. Without limiting any other remedies, UNIX Packages may suspend or terminate your account if we suspect that you have engaged in unlawful or prohibited activity in connection with the Site. UNIX Packages reserves the right, in its sole discretion to investigate and take appropriate legal action against anyone who, in UNIX Packages’s sole discretion violates this provision. Prohibited activity includes, but is not limited to: illegal or tortious activity, including, harassment (including using any information obtained on or via the Site to harass, abuse, or harm another person), spamming, copyright infringement, patent infringement, or theft of trade secrets; using any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without such user’s prior explicit consent (including non-commercial contacts like chain letters); compiling or collecting Associated Content, Site Materials, or Sponsor Content from the Site as part of a database or other work; interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site, including, without limitation, any attempt to circumvent the access controls or security measures of the Site; accessing the Site by any means other than through interfaces provided by UNIX Packages, unless otherwise specifically authorized by UNIX Packages in a separate, prior written agreement; circumventing, disabling or otherwise interfering with security-related features of the Site, or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials therein; attempting to impersonate another user or person, using the user account of another person, and selling or otherwise transferring your user account, or otherwise misrepresenting your affiliation with a person or entity; and, selling, reselling or offering for any commercial purposes, any portion of, use of, or access to the Site, except where specifically endorsed or approved by UNIX Packages.
UNIX Packages may terminate a user’s account in UNIX Packages’s absolute discretion and for any reason. UNIX Packages is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an UNIX Packages Site in a manner inconsistent with the Purpose; (4) a user’s request for such termination; or (4) as required by law, regulation, court or governing agency order. UNIX Packages’s termination of any user’s access to any or all the Site may be effected without notice and, on such termination, UNIX Packages may immediately deactivate or delete user’s account and/or bar any further access to such files. UNIX Packages shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. UNIX Packages reserves the right to delete, or not delete, a user’s account at UNIX Packages’s sole discretion, as well as to delete, or not delete, content at UNIX Packages’s sole discretion.
UNIX Packages, or a third party may provide links to other websites. UNIX Packages exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. UNIX Packages shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The Site’ Privacy Statement is applicable only when you are on an UNIX Packages Site. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless UNIX Packages, and its parent corporation and affiliates and their respective officers, employees and agents, and each of UNIX Packages’s website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the the Site; his or her submission, posting or transmission of Content or his or her violation of the Terms. EACH USER’S USE OF THE the Site IS AT HIS OR HER SOLE RISK. THE the Site ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND UNIX Packages ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNIX Packages EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, UNIX Packages MAKES NO WARRANTY THAT (i) THE the Site OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF UNIX Packages’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, UNIX Packages SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UNIX Packages HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE ANY the Site OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL UNIX PACKAGES’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN UNIX Packages AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, UNIX Packages DOES NOT AND CANNOT CONTROL THE ACTIONS OF UNIX Packages SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO the Site. OPERATION OF the Site MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY UNIX Packages. Any claim or cause of action arising out of or related to use of the Sites or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. TRADEMARK INFORMATION
UNIX Packages, the UNIX Packages logo and other UNIX Packages trademarks including, service marks, and product and service names are UNIX Packages trademarks or registered trademarks in the United States and in other countries (the “UNIX Packages Marks”).
UNIX is a registered trademark of The Open Group
Oracle, Java, Sun, SPARC, Solaris, and OpenSolaris are registered trademarks of Oracle and/or its affiliates.
Intel is a trademark of Intel Corporation.
All other names and designs may be trademarks of their respective owners.
UNIX Packages respects the intellectual property rights of others, and requires that the people who use the Site do the same. It is our policy to respond promptly to claims of intellectual property misuse.
The Terms constitute the entire agreement between each user and UNIX Packages and govern each user’s use of the Site, superseding any prior and contemporaneous agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and UNIX Packages shall be governed by the laws of the State of Washington without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of King, Washington. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. In our sole discretion, we may assign these Terms, in whole or in part, by providing notice in accordance with the notice provision in this Section should UNIX Packages ever file for bankruptcy or in the event of a sale, merger, acquisition or other transfer of all or substantially all of the Site. You may not assign these Terms, in whole or in part, without UNIX Packages’s prior written consent.