BIGFIX USER TO USER FORUMS LEGAL AGREEMENT
1. GENERAL
1.1 This Agreement governs your use of the BigFix User to User Forums ("Forums") which are operated by BigFix Incorporated ("BigFix").
1.2 BigFix reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Forums. Your continued use of the Forums constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by BigFix as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Forums.
2. USE OF CONTENT
2.1 You acknowledge that the Forums contain information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of BigFix or third parties. All Content on the Forums is copyrighted as a collective work of BigFix pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Forums.
2.2 You may post on the Forums any Content owned by you (such as your original statements), Content for which you have received express permission from the owner, and Content in the public domain (collectively, "User Content") and you assume all risk for determining whether any such User Content is in the public domain. You grant to BigFix the right to edit, copy, publish, distribute, translate and otherwise use in any medium (whether now known or hereafter discovered), any User Content that you place on the Forums, without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence. You may not advertise or solicit your own goods or services on the Forums.
2.3 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any Content other than the User Content ("Third Party Content"), in whole or in part, except as otherwise expressly permitted in this Agreement. Third Party Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright unless and to the extent permitted under applicable law.
2.4 You may download or copy the Third Party Content only for your own personal, noncommercial use, provided that you maintain all copyright and other notices contained in such Third Party Content. You shall not store electronically any significant portion of such Third Party Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of such Third Party Content is permitted without the express permission of BigFix or the owners of such Third Party Content or their authorized persons, if other than BigFix. You may download from the Forums any Third Party Content in the public domain for your own personal use or for non-commercial redistribution; provided, however, that you assume all risk and responsibility for determining whether such Third Party Content is in the public domain.
3. RULES OF CONDUCT
You shall not post on the Forums any User Content which (a) is libelous, defamatory, obscene, pornographic, profane, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as User Content which infringes any copyright, trademark, patent, trade secret or any other intellectual property right or which violates any right of privacy or publicity, (e) violates any laws regarding unfair competition, or (e) otherwise violates any applicable law. You may not post on the Forums any links to any external Internet sites that are obscene or pornographic. You shall not use the Forums for any commercial purpose or to distribute any advertising or solicitation of funds or goods.
4. MANAGING CONTENT
BigFix is not responsible for and assumes no liability with respect to the Content posted by users on the Forums. However, BigFix reserves the right to delete, move or edit any Content that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. BigFix shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion. You shall remain solely responsible for all User Content.
5. NO ENDORSEMENT
5.1 BigFix does not represent or endorse the accuracy or reliability of any Content posted in any Forum and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed in any Forum by users are the views of the user posting the statement, and do not represent the views of BigFix.
5.2 The Forums may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that BigFix is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
6. INDEMNITY
You agree to indemnify, defend and hold BigFix and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the " BigFix Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any BigFix Party in connection with any use or alleged use of the Forums under your password by any person, whether or not authorized by you. BigFix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with BigFix defense of such claim.
7. TERMINATION OF FORUMS
BigFix reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Forums at any time for any reason without prior notice or liability. Without limiting the preceding sentence, your access to the Forums will be suspended, in appropriate circumstances, if you post materials that infringe the intellectual property rights of others. BigFix may change, suspend or discontinue all or any aspect of the Forums at any time, including the availability of any feature, database, or Content, without prior notice or liability.
8. NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide BigFix Copyright Agent a Notice containing the following elements:
a. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
b. a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
c. a description of where the material that you claim is infringing is located on the BigFix site;
d. information sufficient to permit BigFix to contact you, such as your physical address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
f. a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
BigFix's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail:
6121 Hollis Street
Emeryville, California 94608
By telephone: (510) 652-6700
By fax: (510) 652-6742
By email: forumadmin@bigfix.com
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
9.1 BIGFIX DOES NOT WARRANT THAT THE FORUMS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES BIGFIX MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE FORUMS OR THE CONTENT. THE FORUMS AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. BIGFIX DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FORUMS, ANY CONTENT OR ANY PRODUCTS MENTIONED IN THE FORUMS. NEITHER BIGFIX NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE FORUMS WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATING OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE FORUMS AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
9.2 NEITHER BIGFIX, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FORUMS EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 Some states may not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. Some states may also not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. In such states, the liability of BigFix, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
10. GOVERNING LAW
This Agreement will be governed and construed in accordance with the laws of the State of California without giving effect to principles of conflict of laws. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. BigFix's failure to act with respect to a breach by you does not waive BigFix's right to act with respect to subsequent breaches.
11. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding and agreement of the parties as to the subject matter of this Agreement.
I am authorized to, and do, agree to the terms and conditions of the BigFix User to User Forums Legal Agreement.
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