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Terms of Use

These Terms of Use (“Terms of Use”) describe the terms upon which you may access and use the Percona LLC (“Percona”) website (“Site”).

By visiting the Site, you affirm that you have read and accept all of the following terms and conditions, which may be updated from time to time without notice to you. Your continued use of this Site after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this Site. If you are an individual acting on behalf of a corporation or other legal entity, you represent that you have authority to agree to these Terms of Use on behalf of the legal entity. If you do not agree to these Terms of Use, then you may not access or use the Site or any materials, documentation, information or software published or otherwise made available on the Site (“Content”).

1. Software. Any software ("Software") that is made available to you to download from this Site is the copyrighted work of Percona and/or one or more third parties. Your use of Software is governed by the terms of the applicable license which accompanies, is included with, or referenced in the Software, such as in a “readme” file ("License"), and you agree to abide by applicable Licenses. These Terms of Use shall not be deemed to replace or otherwise amend any rights or obligations which may exist pursuant to Software licensed pursuant to an applicable version of the GNU General Public License or Lesser General Public License.

2. Trademarks. The trademarks, logos and service marks (“Marks”) displayed on this Site or in Content are the property of Percona or other third parties. You are not permitted to use these Marks without the prior written consent of Percona or the applicable third party owner of the mark. Please see Percona’s Trademark Policy, as found here: Trademark Policy.

3. Copyrights and other Intellectual Property. You acknowledge that Percona or its licensors own the copyright and all other intellectual property rights to this Site and all Content provided on this Site, unless otherwise expressly indicated. All Content and other content on this Site is protected by U.S. and international copyright, trademark and other laws. All rights are reserved by Percona (or its licensors, if applicable), and you agree not to copy, reproduce, download, disseminate, publish, or transfer Content in any form or by any means, except with Percona’s prior written permission or as permitted in a separate written agreement or, in the case of Software, as permitted in an applicable License Agreement. Any unauthorized use is strictly prohibited. Please see Percona’s Copyright Policy, as found here: Copyright Policy.

4. Disclaimer. THIS SITE AND ALL CONTENT, SOFTWARE, PRODUCTS OR SERVICES OFFERED OR PROVIDED IN CONNECTION WITH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PERCONA AND ITS AFFILIATES DISCLAIM ANY AND ALL GUARANTEES OR WARRANTIES WITH RESPECT TO THIS SITE AND ALL CONTENT, SOFTWARE AND ANY OTHER PRODUCTS OR SERVICES OFFERED OR PROVIDED IN CONNECTION WITH THE SITE, INCLUDING ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, NON-INFRINGEMENT, OR SYSTEM INTEGRATION.

PERCONA MAKES NO WARRANTY THAT, (I) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, SOFTWARE, PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY SOFTWARE, PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN ANY CONTENT, SOFTWARE, PRODUCT OR SERVICE WILL BE CORRECTED, OR THAT THIS SITE, OR ANY CONTENT, SOFTWARE, PRODUCT OR SERVICE, OR THE SERVER ON WHICH THE SITE OR ANY CONTENT, SOFTWARE, PRODUCT OR SERVICE ARE MADE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING SOFTWARE OR OTHER CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY PERCONA AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

5. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, PERCONA IS NOT 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 THE SITE OR ANY CONTENT, EVEN IF PERCONA 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 SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS, CONTENT OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) SOFTWARE, CONTENT OR OTHER 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.

6. Rights in Materials. By submitting, posting, displaying, publishing or making available to Percona any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, communications, or any other materials ("Materials"), you give Percona a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, edit, translate, publish, publicly perform, publicly display, distribute, and create derivative and collective works from, any Materials which you submit, post or display on or through the Site. You agree that this license includes a right for Percona to make such Materials available to other companies, organizations or individuals with whom Percona has relationships for the provision of services, and to use such Materials in connection with the provision of those services. You understand that Percona may (a) transmit or distribute your Materials over various public networks and in various media; and (b) make such changes to your Materials as are necessary to conform and adapt that Materials to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Percona to take these actions. You confirm and warrant to Percona that you have all the rights, power and authority necessary to grant the above license. You hereby waive all rights generally known as "moral rights" in your Materials, to the extent they can be waived, under any existing or future law of any jurisdiction.

7. Submission of Ideas. Neither Percona nor any of its employees and contractors 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 Percona products or marketing strategies might seem similar to ideas submitted to Percona. Please do not send your unsolicited ideas to Percona or anyone at Percona. If despite our request that you not send us your ideas and materials, you still send them, please understand Percona makes no assurances that your ideas and materials will be treated as confidential or proprietary.

8. Export Control; Availability. By using this Site, 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 U.S. and foreign government export controls and approvals. Percona makes no claim that Content contained on this Site is appropriate or may be downloaded outside the United States. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This Site may be administered and operated from various locations inside and outside the United States. If you use this Site from other locations, you are responsible for compliance with applicable local laws. Percona makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact, certain products and services may not be available worldwide.

9. Acceptable Use. Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate any such laws or regulations. Any attempt by any person to deliberately damage this Site is a violation of criminal and civil laws. Percona reserves the right to seek damages from any such person to the fullest extent permitted by law.

When accessing or using this Site or posting articles, comments or other content, you agree to the following rules/restrictions and acknowledge that violation of any of them constitutes grounds for immediate termination of your access to all or any portion of the Site without further notice, in our sole and absolute discretion:

  • a. You will not engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, misleading, inaccurate or incomplete, or misrepresenting your affiliation with any person or entity.
  • b. You will not use the Site in any manner that may be considered objectionable, such as by using the Site to upload, post, display, or otherwise transmit any Materials or other Content that is false, unlawful, harmful, threatening, abusive, harassing, defamatory, derogatory, obscene, pornographic, libelous, invasive of another’s privacy or public rights, gives rise to civil or criminal liability or otherwise violates any applicable law.
  • c. You will not violate or attempt to violate the security of the Site, use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or take any action that imposes an unreasonable or disproportionately large load on Percona’s infrastructure. Violations of this sort will be prosecuted to the fullest extent of state and federal laws.
  • d. You will not use or launch any automated device, process or system, including "robots," "spiders," "offline readers," or other mechanisms, that (i) accesses the Site in a manner that sends more request messages to Percona servers in a given period of time than can reasonably be produced by an individual in the same period using a conventional on-line web browser, or (ii) seeks to retrieve, index, "data mine," or otherwise access Content.
  • e. You will not harvest, collect, or use information about Site visitors.
  • f. You will not engage in any activity that restricts or inhibits any other user from using or enjoying the Site or any Content, whether by "hacking," "cracking," "spoofing," or defacing any portions of the Site.
  • g. You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and will not use the Site for unlawful purposes.
  • h. You will not post, upload, email, link to, or otherwise transmit any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of the Site or impair others’ ability to enjoy the Site, or the proper functioning of any software, hardware, equipment or materials used in connection with the Site.
  • i. You will not post or transmit through this Site any advertising or commercial solicitations; promotional materials relating to Site or online services which are competitive with Percona and/or this Site; political campaign materials; chain letters; mass mailings, or spam mail.
  • j. You will not infringe, misappropriate, or otherwise violate any existing local, national or international copyright, trademark, service mark, trade name, patent, right of publicity or privacy, or other intellectual property or proprietary rights of any person or entity whatsoever.
  • k. To the extent that Percona requires a password to access any product or service, or any portion of the Site, you agree (i) to provide Percona with accurate, complete and up to date information; (ii) to update your information to keep it accurate, current and complete; and (iii) comply with these Terms of Use. Failure to provide accurate information constitutes a breach of the Terms of Use, which may result in immediate termination of your right to access this Site. Furthermore, you agree that you will not (i) give your password to anyone, (ii) use the Site as the agent of a third party, (iii) allow any third party to use your account, (iv) sell or transfer your use of or access to this Site or permit anyone else whose account was suspended or terminated to use this Site through your user name or password, or (v) select a user name that impersonates someone else, is intended to disguise the user's identity, is or may be illegal, may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. Percona reserves the right to reject any user name in Percona’s sole discretion. If any security breach or unauthorized use of your account occurs, you will notify Percona immediately in writing or via email. Percona 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.
  • l. You will use the Site and its Contents solely for your personal, noncommercial use.
  • m. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site, including any Content, for any public and/or commercial use without the prior written permission of Percona.

10. Privacy. Please see Percona’s Privacy Policy, as found here: Privacy Policy.

11. Monitoring. Percona has the right, but not the obligation, to monitor the Content of this Site, to determine compliance with these Terms of Use and any other operating rules established by Percona. Percona has the right in our sole discretion to edit, refuse to post or remove any Material or other Content submitted to or posted on this Site that we find, in our sole discretion, to be in violation of these Terms of Use or otherwise inappropriate, offensive, objectionable or contrary to any Percona policy. You are solely responsible for any Materials you post, transmit or otherwise make available on this Site. You acknowledge and agree that Percona does not have any liability for any action or inaction with respect to any conduct, communication or posting on this Site.

12. Links to Other Sites. For your convenience, the Site may contain links to other sites and resources; we do not control any of those sites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of any information, product or service made available on those sites. Use of those sites or any information, product or service obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. The inclusion of any link to a third party website does not imply endorsement by Percona of the website or the associated organization, information, products or services.

13. Indemnification. You agree to indemnify and hold harmless Percona and its affiliates and its subsidiaries, and their officers, directors, members, shareholders, predecessors, successors in interest, employees, agents and licensors, from any and all claims, losses, liability costs and expenses (including attorneys’ fees) due to or arising from: (i) any Content that you may submit, or (ii) your violation of these Terms of Use, state or federal laws or regulations, or any third party rights, including claims of copyright, trademark or patent infringement, defamation, harassment, invasion of privacy or fraud, claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such Content, claims due to disruption or malfunction of services provided (pertaining to the submitted Content), even if such Content is reviewed by Percona prior to publishing on the Site.

14. Term & Termination. These Terms of Use are effective upon your accessing the Site and shall continue in full force until terminated by Percona. In its sole and absolute discretion and without notice, and at any time and for any reason, Percona reserves the right to: (a) suspend your access to any restricted portion of the Site; and/or (b) remove or disable your access to any restricted portion of the Site. If applicable, upon termination or suspension, your username and password will be immediately deactivated, and you will no longer have access to the relevant portions of the Site.

15. Governing Law/Jurisdiction. Any dispute with respect to the Site or any product or service offered or provided in connection with this Site, including any Content, shall be governed by the laws of the State of Delaware, excluding its conflicts of laws rules and any implementation of the Uniform Computer Information Transactions Act, and without giving effect to the United Nations Convention on Contracts for the International Sale of Goods. All visitors to the Site submit to the exclusive jurisdiction of the state and/or federal courts of the State of Delaware. Either party may enforce a judgment rendered by such court in any court of competent jurisdiction, and Percona may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property rights.

16. Eligibility. Percona products and services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Percona products and services are not available to minors under the age of 18. By visiting this Site or making any purchases through this Site, you represent to us that you can form legally binding contracts under applicable law, and that any and all data you have provided, or will provide, to us via this Site, such as your name, address and billing information, is complete and accurate.

17. Digital Millennium Copyright Act Notice. Please see Percona’s Digital Millennium Copyright Act Notice: Procedure for Making Claims of Copyright Infringement.

18. Revisions. Percona may revise these Terms of Use at any time without notice to you. The revised Terms of Use will be effective when posted. Your continued access to or use of the Site after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of the Site and all Content. In addition, in our sole discretion, we may provide notices of changes to these Terms or other matters by displaying notices or links to notices generally on our Site.

19. Miscellaneous. Any use of the term “include” or “including” shall mean “include without limitation” and “including without limitation,” respectively. You will not assign or sublicense these Terms of Use or any of your rights or obligations hereunder, without the express written consent of Percona, which may be withheld in its sole and absolute discretion. Subject to the foregoing, these Terms of Use will inure to the benefit of, and will be binding upon, the parties, their respective successors and permitted assigns. If any provision of these Terms of Use is deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of these Terms of Use will not be affected. Such provision will be deemed modified to the minimum extent necessary to make the provision consistent with applicable law and, in its modified form, the provision will then be enforceable and enforced. The waiver or failure of any party to exercise rights under these Terms of Use will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and signed by the party to be charged therewith. These Terms of Use contain the entire agreement between you and Percona regarding use of the Site.

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