Linaro Developer Cloud Terms and Conditions

Information about Linaro

The “Linaro Developer Cloud” shall mean the cloud service operated by or on behalf of Linaro Limited (hereinafter “We/Us/Our”) for your use, whether as a guest or a registered user.  Linaro Limited is a private limited company registered in England and Wales with company number 07180318.  VAT No: 990 0273 24.  Registered Office Address Harston Mill Royston Rd Harston Cambridge CB22 7GG, United Kingdom.

By using Linaro Developer Cloud, you agree to comply with these Terms and Conditions.

Fair Use Policy

What does this Fair Use Policy mean?

The Linaro Developer Cloud is a shared service and this Fair Use Policy is in place to ensure that Linaro is not hosting any illegal activity and that the actions of any individual user will not negatively influence the system performance for others. Some types of activities are obviously violations, such as the uploading of illegal content onto a Linaro Developer Cloud instance or the use of the Developer Cloud to attack other parties and we retain the right to shutdown the instance to prevent this type of activity. The full range of unacceptable activities is difficult to summarize in a policy and so we retain the right to intervene whenever seen fit in order to uphold the overall Linaro Developer Cloud high-quality user experience.

You agree not to (a) access or attempt to access the administrative interface of the Developer Cloud unless you have been specifically allowed to do so in a written agreement with Us or (b) engage in any activity that interferes with or disrupts the Developer Cloud performance (or the servers and networks that host and are connected to the Developer Cloud).

When do we invoke the Fair Use Policy?

  1. Linaro Developer Cloud retains the right to limit or halt service to any user placing dangerous or illegal content in the instance.  Laws that prohibit accommodating this particular use bind the Linaro Developer Cloud.
  2. Linaro Developer Cloud retains the right to limit or halt service to any user imposing excessive load on the Linaro Developer Cloud system so that this will compromise the system performance for the majority.  E.g., don’t turn your Linaro Developer Cloud instance(s) into an OpenStack stress test benchmark for ARM, that impacts all users of the Developer Cloud
  3. Linaro Developer Cloud retains the right to limit or halt service to any user, in the rare event that We are not able to keep up with the overall storage and compute growth.
  4. Linaro Developer Cloud regularly runs usage statistics on its infrastructure; we use the 99th percentile to benchmark excessive consumption.  Such users, that are beyond par, might be contacted by our team with a tailored commercial proposal.
  5. This service is provided as is with no guarantees of uptime/availability

What happens when We invoke the Fair Use Policy?

Linaro Developer Cloud wishes to keep its members and partners satisfied, even those who are in violation of the Fair Use Policy, because We acknowledge that this might not be intentional.  Therefore, when We invoke the Fair Use Policy, by limiting or halting the service, We will get in touch with the impacted users to find a mutually agreeable solution. If your service has been withdrawn and you are not sure why, please contact devcloud@linaro.org

Export and Import Control

Your access to the Developer Cloud must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You should also be aware that certain postings of open source encryption code are controlled by EU and US law. You are responsible for ensuring that you have the relevant permissions before use or hosting of such code and, if you are based in Cuba, Iran, North Korea, Sudan or Syria or you are on the Denied Persons List administered by the US Department of Commerce or the equivalent list managed within the EU, you agree not to use, host or download said code.

We reserve the right to refuse assignment of, assign or reassign registered usernames at our sole discretion if said username violates any third-party rights or is considered to be inappropriate.

Indemnity

You will defend, indemnify, and hold harmless us, our partners and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning: (a) your or any End Users’ use of the Developer Cloud (including any activities under your Developer Cloud account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you or any End User; (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or (d) a dispute between you and any End User. If We or our Partners are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.

Delivery Policy

Delivery of services ‘access to the Linaro developer cloud purchased’ will be begin within 48 hours of receipt of payment to Linaro.  Service will be provisioned and activated, the user will need to ensure that they have completed the initial requirements stated during the signup process.

Disclaimers

LINARO DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT LINARO WILL CORRECT ALL SERVICES ERRORS, (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY LINARO, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT LINARO DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. LINARO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. LINARO IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT, YOUR APPLICATIONS OR THIRD PARTY CONTENT. LINARO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTY CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT.

FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND LINARO’S ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF LINARO CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND LINARO WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO LINARO FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION.

TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitations of Liability

WE AND OUR PARTNERS OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR PARTNERS OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE DEVELOPER CLOUD OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE DEVELOPER CLOUD OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (c) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR PARTNERS AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

Terms and Conditions (T&C)

Information about Linaro™

The “Linaro Website” shall mean the web site operated by or on behalf of Linaro Limited (hereinafter “We/Us/Our”) for your use, whether as a guest or a registered user.  Linaro Limited is a private limited company registered in England and Wales with company number 07180318.  VAT No: 990 0273 24.  Registered Office Address Harston Mill Royston Rd Harston Cambridge CB22 7GG

Accessing Our site

Access to the Linaro Website is permitted on a temporary basis, and We reserve the right to withdraw or amend the information We provide on the Linaro Website without notice. We will not be liable if for any reason the Linaro Website is unavailable at any time or for any period.  From time to time, We may restrict access to some parts of the Linaro Website, or the entire Linaro Website, to users who have registered with us.

Declaration of peaceful purpose

By accessing our site you declare that you will not be using the computing resource to create work which will be used for purposes associated with development of chemical, biological or nuclear weapons or missiles capable of delivering such weapons, nor will it so far as you know or suspect be sold or passed on for such a purpose.

Use of and reliance on information posted

We grant you permission to download the information on to a computer and to make one hard copy of the information for reference purposes only.  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

With respect to material, including but not limited to still images, video footage, audio product or visual representations, contained within the Linaro Website, We only grant you permission to download the material for personal use.  We do not grant you a right for republication, retransmission, reproduction or other use of such material.

Any of the material on the Linaro Website may be out of date or include omissions, inaccuracies or other errors at any given time, and We are under no obligation to update such material. Commentary and other materials posted on the Linaro Website site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Linaro Website, or by anyone who may be informed of any of its contents.

Our liability

Except where expressly provided otherwise in an agreement between you and us, all information provided directly on the linaro website or indirectly through the Linaro website by hypertext link or otherwise is provided “as is” without warranty of any kind. We hereby disclaim all warranties with respect to this information, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. In no event shall we be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in contract, tort or otherwise, arising from your access to, use of, or reliance upon information obtained from or through the Linaro website. We reserve the right to make changes, updates or corrections to the information on the Linaro website at any time without notice.

Information about you and your visits to Our site

We process information about you gained from your use of the Linaro Website in accordance with Our privacy policy.

Transactions concluded through Our site

Contracts for the supply of goods, services or information formed through Our site or as a result of visits made by you are governed by Our terms and conditions notified to you during each individual transaction.

Cancellation and refund policy

All subscriptions will be on a rolling monthly basis and payments will be charged automatically, on a monthly basis, directly to your credit/debit card unless you unsubscribe through your My Account page https://www.linaro.cloud/my-account/ before the end of your current month’s subscription period. Cancellation will take effect from the last day of the month’s subscription period in which the cancellation was requested and therefore Linaro will not refund any subscription fees already paid by you.

Links from Our site

Where Our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Thank you for visiting Our site.

LEC-ELA-00989-V1.0, 03 May 2010. Address updated September 2012. Copyright (c) 2010 Linaro Limited