The following are terms of a legal agreement (the “Agreement”) between you and Nagios Enterprises, LLC (“Nagios Enterprises”). By accessing, browsing and/or using this or others web sites owned or operated by Nagios Enterprises (“Sites”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use our web sites.
Prohibited Uses. Aside from the publicly available Open Source software and documentation offered on this website, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from our Sites. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. You will not provide to Nagios Enterprises and/or any of our affiliates any untrue, inaccurate or false user information or impersonate or falsely represent your affiliation with any person or entity. Except with the written permission of Nagios Enterprises, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of our Sites. Unauthorized individuals attempting to access prohibited areas of our Sites may be subject to prosecution.
Proprietary Rights. Copyrights and other intellectual property rights in writings, drawings, photographs and other materials within our Sites are owned by Nagios Enterprises or third parties. Our Sites may contain other proprietary notices and copyright information, the terms of which must be observed and followed. By furnishing information, Nagios Enterprises does not grant any licenses to any copyrights, patents or any other intellectual property rights.
No Unlawful or Prohibited Use. As a condition of your use of our Sites, you warrant to Nagios Enterprises that you will not use our Sites for any purpose that is unlawful or prohibited by these terms, conditions and notices. If you violate any of these terms, conditions or notices, your permission to use our Sites automatically terminates.
Disclaimer of Warranties and Limitations of Liability. You use our Sites at your own risk. Information on our Sites may contain technical inaccuracies or typographical errors. Nagios Enterprises assumes no responsibility regarding the accuracy of the information that is provided by Nagios Enterprises and use of such information is at the recipient’s own risk. Nagios Enterprises provides no assurances that any reported problems may be resolved with the use of any information that Nagios Enterprises provides.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON OUR SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NAGIOS ENTERPRISES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO OUR SITES AT ANY TIME. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER NAGIOS ENTERPRISES NOR ITS AFFILIATES GUARANTEE THAT THEIR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. NAGIOS ENTERPRISES IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED BY MEANS OF INTERNET CARRIERS. NAGIOS ENTERPRISES MAKES ITS SITES AVAILABLE “AS IS” AND MAKES NO WARRANTY THAT ITS SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NAGIOS ENTERPRISES DISCLAIMS ANY LIABILITY OR RESPONSIBILITY ARISING OUT OF ANY CLAIM THAT YOUR ACCESS OR USE OF OUR SITES INFRINGES ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL NAGIOS ENTERPRISES AND/OR ITS AFFILIATES BE LIABLE FOR A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ITS SITES OR WITH THE DELAY OR INABILITY TO USE ITS SITES, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF ITS SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NAGIOS ENTERPRISES, OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES; OR B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Trademark Policy. You have read and agree to all of the terms and conditions of our Trademark Policy, which is located at: https://www.nagios.org/legal/trademarkpolicy/.
Severability. If any provision of this Agreement is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby. Such invalid or unenforceable provision shall be deemed modified to the extent necessary to render it valid and enforceable, and if no modification shall render it valid and enforceable, this Agreement shall be construed as if not containing such provision and the rights and obligations of the parties shall be construed and enforced accordingly.
Governing Law and Jurisdiction. Any action related to this Agreement or our Sites, including disagreement, disputes regarding the terms and conditions, alleged breaches of contract, and remedies under contract, shall be governed by the laws of the State of Minnesota and the laws of the United States of America and shall be adjudicated exclusively by a court of competent jurisdiction in Ramsey County, Minnesota and the parties consent to the exclusive jurisdiction of such court.
Miscellaneous. Failure by Nagios Enterprises or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. 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 our Sites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.