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Linux on Power Terms of Use




Linux on Power is provided by Site Ox in partnership with IBM.

Please read the following Site Ox agreement for the Linux on Power remote access (called the 'Agreement') carefully.


The Agreement

Under this Agreement Site Ox shall grant access to operate on certain Site Ox systems by using the hosted service (referred to as 'Service'). You register for the Service, by creating an account on the Site Ox web site, and creating an order for the Service through the shopping cart. After you create the order, you will be provided will connection information, which you will need to access the Service.


Permitted use

Under this Agreement, you may at Site Ox's discretion, use the Service only for your personal, lawful, internal use purposes solely to enable your Software to operate on Site Ox systems, and to verify that such Software operates on Site Ox systems. Any other use (including distribution, reproduction, resale, publication or transmission) is not permitted.  You will ensure that anyone who uses the Service on your behalf does so only in compliance with the terms of this Agreement. Site Ox grants you a nonexclusive, nontransferable, revocable license to access and execute code Site Ox provides access to on certain Site Ox systems solely in connection with the Services as provided under this Agreement. Except as specifically set forth in this Agreement, Site Ox does not grant you a license, either expressed or implied, to any Site Ox intellectual property, including patents copyrights or trademarks. You may not download or otherwise copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or disassemble any aspect of the Service or code Site Ox provides access to.  SYSTEMS ARE PERMITTED FOR DEVELOPMENT ONLY:  At no time should you load production data, personal, or sensitive information on the systems.


Indemnification

You agree to fully indemnify, defend, and hold Site Ox and/or IBM harmless against 1) any claim that the Software, or any preexisting work from which the Software is prepared, infringes on any intellectual property right of any third party or 2) any other claims arising from the Software.


No warranty

Site Ox does not make any warranty in connection with this Agreement. The Service is being provided on an 'AS IS' basis. In addition, Site Ox makes no warranties or conditions, either express or implied, including without limitation, warranties of title, non-infringement and the implied warranties of merchantability and fitness for a particular purpose, concerning the Service, or any information accessed using the Service.


Limitation of liability

Site Ox and/or IBM will not be liable for any damages, including without limitation, lost profits, lost savings, or any incidental, special or indirect damages or other economic consequential damages, even if Site Ox has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

This limitation also applies to any of Site Ox subcontractors, suppliers, program developers, vendors, business partners, etc.


General

Under this Agreement, Site Ox is providing the Service, but is not providing you with any information end-products.

Site Ox will use commercially reasonable efforts to maintain adequate security on the systems used to provide the Service, and to prevent intentional or inadvertent access by third parties. Your communications using the Service will occur in a restricted-access environment (through the user ID and password you set). Site Ox monitors the level of utilization of the Service, but does not routinely monitor communications or data generated through use of the Service or any of your data transmissions occurring through it.

Despite the Service's restricted-access environment, Site Ox does not guarantee the security of your Software and data against detection by third parties. You are responsible for the security of your Software and data, and for the security and maintenance of your user ID and password. Therefore, you agree to employ industry standard security measures to protect your confidential Software, data, userid, and password. You agree to notify Site Ox immediately if you learn that your user ID or password security has been compromised.

This Agreement does not grant Site Ox a license to any of your copyrights in the Software. Site Ox will not copy or access your Software, except to provide system back-up or, at your request, to render technical assistance to you. Occasionally, Site Ox may need to perform system maintenance on the hardware and or Site Ox-provided software within the Service. However, during your normal use of the Service, Site Ox will not intentionally seek to discover or be exposed to your confidential Software or other data on the Service. Other than through your normal use of the Service, unless expressly provided for in a separate Site Ox Agreement for Exchange of Confidential Information signed by both you and Site Ox, you will not provide Site Ox with any information, including that incorporated in your Software, that is confidential to you or any other third party.

Neither Site Ox nor its Suppliers are responsible for: 1) the accuracy, completeness, timeliness, reliability, content or availability of the Service or any information retrieved; 2) loss or damage to your records or data; or 3) your use of or results achieved from the Service or any information retrieved.

This Agreement is the complete and exclusive agreement regarding the Service and replace any prior oral or written communications between you and Site Ox. Site Ox may modify this Agreement at any time by providing notice of the modification to you via the Service. If you do not accept the modification, you must immediately terminate your use of the Service. By continuing to use the Service, you accept the modification.

Site Ox may, at any time, 1) revoke your access to the Service and terminate this Agreement, or 2) modify, change or withdraw the Service, in whole or in part.

You must be 18 years of age or older to register to use the Service. You are responsible for restricting the use of the Service by persons under 18 years of age. Neither of us will bring a legal action, under this Agreement, more than two years after the cause of action arose.

This Agreement is entered into in the State of Tennessee, U.S.A. and governed by the laws of the State of Tennessee. Site Ox provides this Service to you in the United States. You agree to comply with all applicable United States laws, including those regarding the export of data.

This service is provided via agreements and a business partnership between Site Ox and IBM. Any parties who choose to abuse this Service, will be prosecuted by Site Ox and IBM to the fullest extend of the law.

For more information, please contact us.



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