M204wiki:Terms of use

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SirWiki provides users with online access to Sirius Software product documentation and a procedure to collaboratively contribute and edit product documentation content. SirWiki is owned and operated by Sirius Software, Inc. ("Sirius" or "we"). These Terms of Use ("Agreement") between you and Sirius set forth the terms on which we make SirWiki available to you, "You" meaning any person or entity who uses SirWiki and/or posts User Content to SirWiki. By using SirWiki and/or posting User Content you agree to be bound by the terms and conditions of this Agreement.

Proprietary materials and ownership

SirWiki is the property of Sirius. Without limitation of the foregoing, all the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than User Content as defined below (collectively, the "Site Content"), and all software embodied in SirWiki ("Software") is proprietary to us or to third parties and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content (collectively, the "Sirius Property") is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.

The marks SIRIUS SOFTWARE, SIRWIKI, and other Sirius marks used on SirWiki are registered or unregistered trademarks of Sirius, and they may not be used in connection with any service or products other than those provided by Sirius, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Sirius. SirWiki may also feature the trademarks, service marks, and logos of Sirius or third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on SirWiki, will inure solely to the benefit of their respective owners.

License to use SirWiki

Sirius authorizes you to access, view and use SirWiki to further your understanding of Sirius products. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Sirius Property. Changing, copying, redistributing, republishing, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Sirius Property, or any portion of the Sirius Property, is strictly prohibited without the prior written permission of Sirius, unless this Agreement otherwise expressly allows you to do so.

You warrant and agree that your use of SirWiki will be consistent with this Agreement and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties. You will comply with all applicable laws, regulations and ordinances relating to SirWiki, the Sirius Property or your use of them, and in using SirWiki you will not engage in any conduct that restricts or inhibits any other person from using or enjoying SirWiki.

User Content

In connection with using SirWiki, you may upload, post, or submit to SirWiki screenshots, text, graphics, and other materials and information (collectively, "User Content") pertinent to the purpose of SirWiki. The User Content remains your property, and Sirius does not claim any ownership of the copyright or other proprietary rights in such User Content. Notwithstanding the foregoing, you agree to all of these:

  • You are publishing and making your User Content publicly available for viewing by third parties on a non-confidential basis, your User Content may be associated with your username and so will be attributable to you, third parties will gain access to your User Content through SirWiki, and Sirius shall in no event be liable to you for any use or misuse of your User Content by any third party;
  • You grant Sirius a worldwide, non-exclusive, perpetual, irrevocable, royalty- free, transferable license, with right to sublicense through multiple tiers, to copy, edit, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content in connection with operation of SirWiki, promotion of Sirius products and services, and any other purposes reasonably related to using SirWiki and participation in promotions and advertising of Sirius and its partners.
  • All users of SirWiki have the right to access your User Content, and to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content for personal, non-commercial use.

Restrictions

You agree to not use SirWiki to do any of the following:

  1. Upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  3. Upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  4. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  5. Harm minors in any way;
  6. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. Interfere with or disrupt SirWiki or servers or networks connected to SirWiki, or disobey any requirements, procedures, policies or regulations of networks connected to SirWiki;
  8. Intentionally or unintentionally violate any applicable local, state, national or international law;
  9. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
  10. Collect or store personal data about other users.

You acknowledge that Sirius may or may not pre-screen User Content, but that Sirius shall have the right (but not the obligation) in its sole discretion for any reason to pre-screen, refuse, delete, or move any User Content that is available via SirWiki. Without limiting the foregoing, Sirius shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

Limitation of content accuracy

Insofar as SirWiki is a collaborative environment for documentation of Sirius Software products that contains edits and contributions of content by users of SirWiki other than Sirius, Sirius does not guarantee the accuracy, integrity or quality of SirWiki Content. Under no circumstances will Sirius be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via SirWiki.

Indemnity

You agree to indemnify and hold Sirius, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, demand, action, suit, proceeding, liability, losses, damages, costs and expenses, including reasonable attorneys' fees, arising out of User Content you submit, post, transmit or make available through SirWiki, your use of SirWiki, your connection to SirWiki, your violation of this Agreement, or your violation of any rights of another.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF SIRWIKI IS AT YOUR SOLE RISK. SIRWIKI IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIRIUS 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.
  2. SIRIUS MAKES NO WARRANTY THAT (i) SIRWIKI WILL MEET YOUR REQUIREMENTS, (ii) SIRWIKI WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SIRWIKI WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SIRWIKI WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SIRWIKI IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIRIUS OR THROUGH OR FROM SIRWIKI SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  5. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY SIRIUS AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIRIUS SHALL NOT BE LIABLE TO YOU 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 SIRIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SIRWIKI; (ii) 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 SIRWIKI; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SIRWIKI; OR (v) ANY OTHER MATTER RELATING TO SIRWIKI.

Digital Millennium Copyright Act

Sirius complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. '512, as amended). If you have any complaints or objections to material posted on SirWiki you may contact our Designated Agent at the following address:

James Lapierre Sirius Software, Inc. 875 Massachusetts Avenue Cambridge, MA Telephone: 617-876-6677 ext 219 Email: jal@sirius-software.com

Any notice alleging that materials hosted by or distributed through SirWiki infringe intellectual property rights must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of the material that you claim is infringing and where it is located on SirWiki;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the use of the materials on SirWiki of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    Counter notices

    If material that you have posted to SirWiki has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. '512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:

  7. A physical or electronic signature of the subscriber;
  8. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  9. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  10. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Sirius may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. '512 (c)(1)(C) or an agent of such person.

Modification and termination

Sirius reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, SirWiki (or any part thereof) with or without notice. You agree that Sirius shall not be liable to you or to any third party for any modification, suspension or discontinuance of SirWiki.

Sirius may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Use page of the web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use SirWiki after the notice is posted, you are indicating your acceptance of those changes.

Sirius reserves the right to refuse or discontinue access to SirWiki by any user for non-compliance with this Agreement.

General

Except as otherwise expressly provided herein, this Agreement, including the Privacy policy and all other operating rules, policies and procedures that may be published on SirWiki from time to time, sets forth the entire agreement between you and Sirius regarding the use of SirWiki, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. This Agreement will be governed by and construed and enforced in accordance with the substantive law of the Commonwealth of Massachusetts, USA, without regard to its principles of conflicts of law.

No delay or omission by Sirius in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Sirius of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. Any waiver of any right of Sirius under this Agreement must be given in writing and signed on behalf of Sirius to be enforceable. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

Your registration, this Agreement and your rights and obligations hereunder are not assignable or transferable by you to any third party without the prior written consent of Sirius. We may assign this Agreement to any purchaser of the Sirius business. This Agreement may be executed electronically, and your electronic assent or use of the Service shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes. Email to your registered email address shall constitute effective notice by Sirius to you for all purposes under or in connection with this Agreement.

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