1. Red Hat Portals and Content.
Through various Red Hat websites and portals, including but not limited to Red Hat Network, the JBoss Customer Support Portal and the Red Hat Customer Portal (collectively, "Red Hat Portals"), Red Hat, Inc. ("Red Hat") provides you – as a Red Hat customer – with access to a variety of software, services, web pages, text, documents and other works of authorship, images, graphics, audio and video content, forums, discussion groups, blogs and other content (collectively, the Red Hat Portals and foregoing content are referred to as "Red Hat Content").
2. Terms Applicable to Red Hat Content.
The trademarks, logos, trade names and service marks ("Marks") displayed on Red Hat Content are the property of Red Hat or other third parties. You are not permitted to use these Marks
without the prior written consent of Red Hat or such third party which may own the Mark. Please see the Red Hat Trademark Guidelines and Policies at
www.redhat.com/about/corporate/trademark/ , which govern any permitted use of Red Hat Marks.
5. Use of Software.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON - INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. Use of Content.
Red Hat Content may contain information that is designated as "confidential" and you agree not to disclose such information without Red Hat's prior written consent.
8. Submission of Ideas.
Red Hat or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Red Hat products or marketing strategies might seem similar to ideas submitted to Red Hat. Please do not send your unsolicited ideas to Red Hat or anyone at Red Hat. If despite our request that you not send us your ideas and/or materials, you still send them, please understand Red Hat will not treat them as confidential or proprietary.
The Red Hat Portals contain links to other websites and resources and are provided for convenience only. Red Hat has not necessarily reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by Red Hat of the website or their entities, products or services.
10. Rules of Conduct.
Your use of Red Hat Content is subject to all applicable laws and regulations, and you agree not to violate such laws and regulations. Any attempt to deliberately damage a Red Hat Portal or Red Hat Content is a violation of criminal and civil laws. Red Hat reserves the right to seek damages from any such person to the fullest extent permitted by law. In addition, you agree not to post or transmit through a Red Hat Portal any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities; which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise could violate any applicable law.
You may not engage in any activity on a Red Hat Portal that restricts or inhibits any other user from using or enjoying the Red Hat Portal or Red Hat Content, whether by "hacking", "cracking", "spoofing", or defacing any portions of a Red Hat Portal. You agree not to attempt to gain unauthorized access to any parts of a Red Hat Portal or any user accounts, computer systems or networks. Access to and use of password protected or secure areas of a Red Hat Portal is restricted to authorized users only. You agree not to access or use a Red Hat Portal in any manner that could damage, disable, overburden, or impair (or interfere or attempt to interfere with the proper working of) any user accounts, Red Hat computer systems or networks.
You may not post or transmit through a Red Hat Portal any advertising or commercial solicitations; promotional materials relating to services that are competitive with Red Hat; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other potentially harmful or disruptive components; political campaign materials; chain letters; mass mailings, or spam mail. You may not use any robot, spider, site scraper, or other automatic device or process to retrieve, index, "data mine", or otherwise access Red Hat Content. You may not harvest, collect or use information about Red Hat Portal visitors.
11. User Name and Password.
You may not select a user name that impersonates someone else, is intended to disguise the user's identity, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. Red Hat reserves the right to reject any user name in our sole discretion. You agree (1) not to share your password(s), account information, or access to Red Hat Content and (2) that you are responsible for maintaining the confidentiality of password(s) and account information and for all activities that occur under your password(s) or account(s) or as a result of your access to a Red Hat Portal. You agree to notify immediately Red Hat of any unauthorized use of your account or any other breach of security. Red Hat will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.
13. Rights in Your Content.
By displaying, publishing and/or making available for download and use of any content, you represent and warrant that you are the owner of all rights in the content. You further grant Red Hat a perpetual, irrevocable, worldwide, royalty - free, and non - exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the content which you submit, post or display on or through a Red Hat Portal. You agree that this license includes a right for Red Hat to make such content available to other companies, organizations or individuals with whom Red Hat has relationships for the provision of services, and to use such content in connection with the provision of those services. You understand that Red Hat may (a) transmit or distribute the content over various public networks and in various media; and (b) make such changes to the content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Red Hat to take these actions. You confirm and warrant to Red Hat that you have all the rights, power and authority necessary to grant the above license.
THE FOLLOWING SHALL APPLY EXCEPT WHERE EXPRESSLY PROHIBITED BY APPLICABLE LAW. RED HAT PORTALS AND RED HAT CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF RED HAT CONTENT IS AT YOUR OWN RISK. RED HAT MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USE FULNESS OF RED HAT CONTENT. RED HAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON - INFRINGEMENT. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF A RED HAT PORTAL IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR FUNCTIONALITY THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON A RED HAT PORTAL OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY RED HAT AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
17. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER RED HAT NOR ITS AFFILIATES IS LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH A RED HAT PORTAL OR RED HAT CONTENT, EVEN IF RED HAT OR ITS AFFILIATES HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE RED HAT PORTAL OR RED HAT CONTENT; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON A RED HAT PORTAL, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS OR (c) RED HAT CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
Any personal information collected on a Red Hat Portal may be accessed and stored globally and will be treated in accordance with the Red Hat Privacy Statement located at
19. Term and Termination.
21. General Terms.
22. Notice and Procedure for Making Claims of Copyright Infringement.
To file a notice of infringement with us, please provide the following information to the Red Hat - designated copyright agent listed below:
1 . A description of the copyrighted work or other intellectual property that you claim has been infringed.
2 . A description of the material that you claim is infringing the copyrighted work listed in item #1.
3. An address, telephone number, and an email address where the alleged infringing party can contact you.
4. 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."
5 . 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."
6. Your electronic or physical signature. To file a counter notification with us, please provide the following information to the Red Hat - designated copyright agent listed below:
7. A description of the material that Red Hat has removed or to which Red Hat has disabled access.
8 . Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Wake County, 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.
9. 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."
10. 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:
Red Hat, Inc.
1801 Varsity Drive
Raleigh, NC 27606
fax: 1 919 - 754 - 3704