"Content" means any material, data or information, including data files, text and software.
"Red Hat" means Red Hat, Inc.
"Red Hat Parties" means Red Hat, its employees, officers, directors, affiliates and agents.
"Terms" means the terms and conditions set forth in this document.
"Website" means this website, including the services provided through this website.
Your use of the Website is subject to the Terms, which form a binding legal agreement between you and Red Hat concerning your use of the Website.
Your use of the Website signifies that you have read, understand and agree to be bound by the Terms. By accessing or using the Website you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Website. If you do not agree to the Terms, you are not authorized to use the Website.
We encourage you to periodically review the Terms. From time to time, Red Hat may change, remove, add to or otherwise modify the Terms (resulting in "Revised Terms"), in which case Red Hat will post the Revised Terms on the Website and indicate the date of revision. Revised Terms take effect immediately upon posting. If you do not agree to the Revised Terms, you may terminate this agreement by ceasing use of the Website. Your continued use of the Website after Revised Terms are effective indicates that you have read, understood and agreed to the Revised Terms.
You may only use the Website in accordance with the Terms. You may not use the Website for any purpose that is unlawful or prohibited by these Terms. You access and use the Website at your own risk. You are responsible for compliance with applicable law. Red Hat may, at any time and for any reason, modify, suspend or terminate the Website, or the operation of or access to the Website.
You agree not to use the Website to:
Upload Content that you do not have the right to distribute or use under applicable law, or which infringes the rights of any third party;
Upload Content comprising advertising or promotional materials;
Upload Content that contains malware or other software designed to interrupt, destroy or limit the functionality of any software or hardware or otherwise interfere with or disrupt the Website;
Upload Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, or hateful, incites an illegal act, is designed to intimidate or harass another, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website;
Attempt to gain unauthorized access to the Website, other accounts, systems or networks associated with the Website, or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;
Upload any personally identifiable information about persons under 13 years of age; or
Use the Website in any manner that could disable, overburden, damage or impair the Website, or interfere with any other party's use of the Website.
You understand that all Content which you may have access to through your use of the Website is the sole responsibility of the person who uploaded the Content. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they upload or reference in Content that they upload.
Red Hat's trademarks and logos may only be used with permission, apart from lawful uses under applicable law that do not require permission.
Red Hat Content: All Content (other than Red Hat logos and software code) copyrighted by Red Hat and/or its affiliates and made available through the Website is licensed under the Creative Commons Attribution-ShareAlike 4.0 International license, unless marked otherwise. All software code copyrighted by Red Hat and/or its affiliates and made available through the Website is licensed under the GNU Affero General Public License (Version 3), unless marked otherwise.
Content Uploaded by You: You retain your ownership of Content that you upload to the Website. You agree that all Content copyrighted by you that you upload to the Website is made available under the terms of the MIT license if you do not explicitly indicate an alternative license for such Content. In such a case, you agree that Red Hat is under no condition or obligation to provide notice of such licensing, or your ownership of such Content, apart from publication of these Terms. If you upload Content that is explicitly licensed, such licenses shall include only licenses selected from the appropriate categorical sublist of the full list of acceptable licenses for the Fedora Project, as that list may be revised from time to time by the Fedora Project Board. You must not upload to the Website copyrighted Content that is not licensed in a manner consistent with the foregoing requirements, regardless of whether such Content is copyrighted by you or a third party.
You represent and warrant that no Content uploaded by you to the Website violates or infringes upon the rights of any third party, including copyright, patent, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Red Hat may, but is not obligated to, review Content uploaded by you and may delete or remove (without notice) any Content in its sole discretion for any reason. Red Hat does not endorse or support any Content uploaded by you or anyone else through the Website.
You represent and warrant that you will use Content available through the Website in accordance with its applicable license. You agree that you are solely responsible for your use of Content made available through the Website. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. Red Hat does not guarantee that Content made available through the Website does not infringe the rights of any third party.
By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable government export controls and approvals. Red Hat makes no claim that Content made available through the Website is appropriate or may be accessed outside the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The Website may contain links to websites not controlled by Red Hat ("Third Party Websites"). You acknowledge that Red Hat is not responsible or liable for any Third Party Websites or information made available at any Third Party Website.
To the fullest extent permitted by applicable law, Red Hat offers the Website as-is and makes no representations or warranties of any kind concerning the Website, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantibility, fitness for a particular purpose, or noninfringement. Red Hat does not warrant that the functions or content associated with the Website will be uninterrupted or error-free, that defects will be corrected, or that the servers used to make the Website available are free of harmful components. Red Hat does not warrant or make any representation regarding use or the result of use of Content with respect to accuracy, reliability, or otherwise.
Except to the extent required by applicable law, in no event will the Red Hat Parties be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the Website (or the termination or modification of any aspect of the Website), even if the Red Hat Parties have been advised of the possibility of such damages.
You agree to indemnify and hold harmless the Red Hat Parties from and against all loss, expenses, damages, and costs, including reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the Red Hat Parties from and against all claims brought by third parties arising out of your use of the Website and the Content you make available through the Website.
Red Hat agrees to use your personal information in accordance with its Privacy Statement. The Privacy Statement is incorporated by reference into these Terms. In the event of any conflict between these Terms and the Privacy Statement, the Privacy Statement shall control.
To file a notice of copyright infringement with Red Hat concerning the Website, please provide the following information to the Red Hat-designated copyright agent listed below:
A description of the copyrighted work that you claim has been infringed.
A description of the material that you claim is infringing the copyrighted work listed in item 1.
An address, telephone number, and an email address at which the alleged infringing party can contact you.
The following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Your electronic or physical signature.
To file a counter notification, please provide the following information to the Red Hat-designated copyright agent listed below:
A description of the material that Red Hat has removed or to which Red Hat has disabled access.
Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located (or the United States District Court for the Eastern District of North Carolina if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Your electronic or physical signature.
Red Hat has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Please send notifications of infringement and counter notifications to the designated agent at:
Vice President, Intellectual Property
Red Hat, Inc.
100 East Davie Street
Raleigh, NC 27601
phone: +1 919 754 3700
fax: +1 919 754 3704
email: dmca at redhat dot com
These Terms will continue to apply until terminated by either you or Red Hat. Your right to access and use the Website terminates automatically upon your breach of any of these Terms.
Sections 9, 10, 11 and 15 of the Terms, and your warranties under the Terms, shall survive any termination.
The Terms are governed by the laws of the State of New York, exclusive of its choice of law rules. You agree that any disputes or proceedings between you and Red Hat concerning the Terms and/or the Website shall be brought in a federal or state court of competent jurisdiction sitting in the Eastern District of North Carolina. You consent to the personal jurisdiction and venue of such court.
Red Hat's failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The Terms constitute the entire agreement between you and Red Hat relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by Red Hat from time to time) between you and Red Hat.