SUSE Conversations


Terms and Conditions

The SUSE Communities portion of the SUSE.com website (“suse.com/communities”) and its associated discussion forum and community support services (collectively, the “Services”) are provided by SUSE  (“SUSE”, “us”, and “our”). By creating a SUSE Login and using the site, you (on behalf of both yourself and your company) agree to be legally bound by the following Terms of Use. You represent and warrant that you have the right and authority to legally bind your company to these Terms of Use. As used in these Terms of Use, “user”, “you”, and “your” refer to both you and the company that you represent. These Terms of Use only apply to your use of the Online Communities Website and the Services, except where expressly stated otherwise. Other websites operated by SUSE may have their own terms and conditions.

1. UPDATES TO THESE TERMS OF USE

You can review the most current version of these Terms of Use here. These Terms of Use may be updated or changed by SUSE from time to time without prior notice. In the event SUSE does change these Terms of Use, SUSE will notify you about those changes by email newsletter, postings of update notices on the SUSE Communities, or otherwise. The notice will give you the opportunity to “opt out” of the changes by taking certain action specified in the notice. However, please note that if you do elect to “opt out,” SUSE will terminate your access to the Online Communities Website and the Services. In any event, you agree that (a) your failure to opt-out of the changes to these Terms of Use within ten (10) days after SUSE provides notice thereof, or (b) your continued use of or access to the Online Communities Website or the Services after SUSE provides such notice, will constitute your acceptance of such changes.

2. DESCRIPTION OF THE ONLINE COMMUNITIES WEBSITE AND THE SERVICES

The Online Communities Website and Services are designed to create and support an online community where, subject to all of their obligations under the applicable Enterprise Services Agreement, or other pertinent SUSE-related agreements: (a) SUSE customers or partners can share their experiences about SUSE services and about business in general and (b) SUSE customers, partners, developers, and end-users can more easily receive information from SUSE about SUSE services or any related business processes. Certain services or areas of the Online Communities Website may not be available to all SUSE customers or partners. You agree not to use any services, or access any areas of the Online Communities Website, that SUSE has not specifically authorized you to use or access.

3. REGISTRATION

To access the Online Communities Website and the services, you may be required to register for an account by completing SUSE’s user registration form. After SUSE’s review of your registration information, SUSE in its sole discretion may issue a User ID and password to you, in which case you shall become a “Registered User” after acceptance of these Terms of Use. You represent and warrant that all of the information that you provide to SUSE in the user registration form is truthful and accurate. If you provide any false, inaccurate, or incomplete information in your user registration form, SUSE may immediately terminate your account. In addition, you may be invited to provide personal profile information that may be used by SUSE in accordance with SUSE’s privacy policy and viewed by other users. Further information about registration, personal profiles, and our use of your information can be found in SUSE’s privacy policy.

Registered Users are responsible for maintaining the confidentiality of their passwords, and are not to share their User IDs or passwords with any other individuals. You agree to immediately notify SUSE of any unauthorized use of any User ID or password. You will be solely responsible and liable for any and all access to and use of the Online Communities Website or Services (including all activities and transactions) by any person logging in under your account.

4. DISCUSSION FORUMS

SUSE may offer you access to one or more discussion forums (“Discussion Forums”), where users may post questions and discuss issues related to SUSE software with other customers, and, in certain appropriate forums, post scripts or sample code for discussion purposes (collectively, “Forum Content”). You acknowledge that all Forum Content may be viewed by other visitors to this Online Communities Website, and that you are responsible for understanding and complying with all of your legal obligations about protecting the proprietary and confidential nature of SUSE products and services in choosing what to post or upload. In addition, you hereby grant to SUSE a perpetual, irrevocable, world-wide, royalty free, non-exclusive, and fully sublicenseable license to use, reproduce, distribute, publicly perform, publicly display, and create derivative works of all non SUSE-owned materials, including Forum Content, that you post or upload to, or send to SUSE through, the Online Communities Website. By posting or uploading any Forum Content, you represent and warrant that you have all of the rights, including intellectual property rights, necessary to do so, and to grant to SUSE the license set forth in the preceding sentence.

You agree that SUSE is not responsible for and will have no liability in connection with any Forum Content posted or uploaded to the Discussion Forum by you or other users. Without limiting the foregoing, SUSE has and shall have no liability regarding the accuracy of such Forum Content, and you use such Forum Content entirely at your own risk. You hereby release SUSE, and our officers, directors, agents, subsidiaries, joint ventures, and employees, from claims, demands, and damages, including actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any and all Forum Content. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

5. ACCEPTABLE USE AND CONDUCT

You are solely responsible for your interactions with others through the Online Communities Website and the Services. You acknowledge and agree that your conduct, and the form and content of Forum Content that you post or upload to the Online Communities Website, are your sole responsibility. SUSE cannot and does not make any guarantee with respect to the accuracy, inoffensiveness, or suitability of any content that appears on the Online Communities Website.

SUSE, however, reserves the right to improve the Online Communities Website and the Services by prohibiting certain conduct and Forum Content, and by administering and moderating the Online Communities Website. Consequently, you agree not to:

a. upload, post, email, transmit, or otherwise make available any Forum Content that is unlawful, harmful (including Forum Content that is harmful to SUSE’s reputation), threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; b. impersonate any person or entity; c. violate the legal rights of another party, such as by infringing another’s copyright through the posting or uploading of Forum Content which you lack the legal right to post or upload; d. forge email headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Online Communities Website or the Services; e. use the Online Communities Website or the Services to compile commercial, political, or charitable mailing lists or to otherwise in any way facilitate the transmission of spam, junk mail, or chain letters; f. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising or promotional materials (including sweepstakes materials); or g. “stalk”, harass, threaten any other individual, or engage in other disruptive conduct in a Discussion Forum.

In addition to these Terms of Use, you will comply with all supplementary rules and policies applicable to the Online Communities Website or the Services, either posted on the Online Communities Website or provided to you from time to time, including without limitation the then-current Usage Guidelines. Such rules and policies are hereby incorporated by reference into these Terms of Use.

SUSE reserves the right to investigate and take appropriate legal or other appropriate action without further notice against anyone who violates this provision, which may include without limitation the removal of any inappropriate Forum Content, the revocation of access to certain Discussion Forums, immediate termination of your account, and removal from the Online Communities Website and the Services.

6. SUSE INTELLECTUAL PROPERTY

This Online Communities Website, including the Discussion Forums, contains the valuable intellectual property of SUSE. You may use such intellectual property as necessary for you to view the Online Communities Website and participate in the Discussion Forums, as otherwise authorized under these Terms of Use. However, you receive no other licenses or rights, whether express or implied, in any SUSE intellectual property that you may access through this Online Communities Website.

Without limiting the foregoing, you may not redistribute any content that appears on this Online Communities Website without SUSE’s written permission. To the extent that you receive access to any scripts or other code that are posted in the Discussion Forums, these Terms of Use provide no express or implied rights with respect to such code, except as necessary to view and discuss such code in the Discussion Forums.

From time to time, you also may be granted download access to executable software code via the Online Communities Website. You understand and agree that your use of that software is subject to the terms and conditions of the applicable Software License and Services Agreement or other agreement executed by you or your company, and that these Terms of Use do not grant you any rights with respect to such software.

SUSE, the SUSE Logo, and other related graphics, logos, service marks, and trade names used on the Online Communities Website are the trademarks of SUSE and may not be used without express written permission. Other identifiers that may appear on the Online Communities Website may be the property of their respective owners.

7. TERM AND TERMINATION

You understand that the Online Communities Website and the Services are provided by SUSE as a convenience, but that SUSE may modify, alter, suspend, or discontinue any or all of the Services or the Online Communities Website at any time in its sole discretion.

SUSE may suspend or terminate your account for any reason, including your failure to comply with the Usage Guidelines or other aspects of these Terms of Use. Upon termination of your account for any reason, all your access rights to the Online Communities Website and the Services will immediately cease to exist, and you must promptly discontinue all further use of the Online Communities Website and the Services.

8. THIRD-PARTY SITES

The Online Communities Website and the Services may provide links to other World Wide Web sites or resources. Because SUSE has no control over such sites and resources, you acknowledge and agree that SUSE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Your correspondence or business dealings with third parties found through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You further acknowledge and agree that SUSE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party site or resource.

9. INDEMNITY

You agree to indemnify, defend, and hold harmless SUSE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, or liability, including reasonable attorneys’ fees, arising out of or relating to (a) any Forum Content you submit, post, transmit, or make available through the Online Communities Website or the Services; (b) your use or misuse of the Online Communities Website or the Services; (c) your connection to the Online Communities Website or the Services; (d) your violation of these Terms of Use; or (e) your violation of any rights, including intellectual property rights, of a third party.

10. DISCLAIMER OF WARRANTIES

YOUR USE OF THE ONLINE COMMUNITIES WEBSITE AND THE SERVICES ARE AT YOUR SOLE RISK. THE ONLINE COMMUNITIES WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUSE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SUSE MAKES NO WARRANTY THAT (i) THE ONLINE COMMUNITIES WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE ONLINE COMMUNITIES WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM THE USE OF THE ONLINE COMMUNITIES WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE COMMUNITIES WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE ONLINE COMMUNITIES WEBSITE OR THE SERVICES WILL BE CORRECTED.

11. LIMITATION OF LIABILITY

YOU AGREE THAT SUSE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE ONLINE COMMUNITIES WEBSITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SUSE WILL NOT BE LIABLE TO YOU IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE ONLINE COMMUNITIES WEBSITE OR THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ONLINE COMMUNITIES WEBSITE OR THROUGH THE SERVICES. IN NO EVENT SHALL SUSE’S CUMULATIVE AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THE ONLINE COMMUNITIES WEBSITE OR THE SERVICES EXCEED FIFTY U.S. DOLLARS (U.S. $50).

12. Digital Millennium Copyright Act

SUSE respects the intellectual property of others. It is our policy to respond promptly to claims of intellectual property misuse and, where applicable, remove the potentially infringing material.

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (“Act”), SUSE has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a SUSE customer or other third party on the Online Communities Website or through the Service, please fax a Notice of Infringement to SUSE addressed to the following person at the following fax number: Chief Legal Officer at 801.722.0120. The Notice of Infringement must substantively comply with the safe harbor provisions of the Digital Millennium Copyright Act and must contain the following information as set forth in 17 U.S.C. § 512(c)(3)(A), which provides:

To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

(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 at a single online site are covered by a single notification, a representative list of such works at that 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 the service provider to locate the material. (iv) Information reasonably sufficient to permit the service provider 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. (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.

Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Please provide a separate Notice of Infringement each time you wish to report alleged acts of infringement and fax it to the number provided.

13. GENERAL INFORMATION

These Terms of Use constitute the entire agreement between you and SUSE governing your use of the Online Communities Website and the Services, superceding any prior agreements, whether written or oral, between you and SUSE regarding the subject matter hereof. Of course, you also may be subject to additional and separate terms and conditions that apply when you use or purchase other SUSE products, services, or affiliate services, or third-party content or software.

These Terms of Use shall be governed by the laws of the State of Utah without giving effect to any conflict of law principles that may require the application of the law of another jurisdiction. In connection with any dispute or proceeding arising from or relating to the Online Communities or the Services, you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Salt Lake, Utah.

The failure of SUSE to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

You agree that your SUSE account is non-transferable and these Terms of Use are non-assignable.

The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Communities Website or the Services or these Terms of Use must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

 

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