Terms of Service

Version 1.5, 8 Aug 2016

The following terms and conditions govern all use of the ScyllaDB web sites (including scylladb.com, osv.io, cloudius-systems.com, and seastar-project.org) and all content, services, and products available at or through the website, including, but not limited to, Scylla documentation, package repositories, and binary downloads (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ScyllaDB’s Privacy Policy) and procedures that may be published from time to time by ScyllaDB (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. If you reside in the United States, your agreement is with ScyllaDB Inc. (US), and if you reside outside of the United States, your agreement is with ScyllaDB Ltd. (Israel).

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by ScyllaDB, acceptance is expressly limited to these terms.

1. ScyllaDB Web site

We use third-party services to measure audience and usage and to collect other data. By using this site you agree to accept all third-party terms of service, listed at: Third-party services.

2. Data collection by Scylla software

The Scylla software reports certain information to us by default, including but not limited to the version of Scylla installed on a node. By installing Scylla software in its default configuration you agree to data collection. You may at any time disable this data collection by reconfiguring Scylla.

3. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the ScyllaDB web sites link, and that link to the ScyllaDB web sites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the dependencies of the ScyllaDB package repositories. ScyllaDB does not have any control over those websites or software repositories, and is not responsible for their contents or their use. By linking to a non-ScyllaDB website, ScyllaDB does not represent or imply that it endorses such website. By specifying a depencency on non-ScyllaDB software, ScyllaDB does not represent or imply that it endorses such software. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ScyllaDB disclaims any responsibility for any harm resulting from your use of non-ScyllaDB websites, webpages, and software.

4. Copyright Infringement and DMCA Policy.

As ScyllaDB asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ScyllaDB violates your copyright, you are encouraged to notify ScyllaDB in accordance with ScyllaDB’s Digital Millennium Copyright Act (“DMCA”) Policy. ScyllaDB will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

5. Intellectual Property.

This Agreement does not transfer from ScyllaDB to you any ScyllaDB or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with ScyllaDB. ScyllaDB, Scylla, and all other trademarks, service marks, graphics and logos used in connection with the site or our Services, are trademarks or registered trademarks of ScyllaDB or ScyllaDB’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any ScyllaDB or third-party trademarks.

6. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. ScyllaDB may change this Agreement from time to time, and in ScyllaDB’s sole discretion. ScyllaDB encourages visitors to frequently check this page for any changes. Your continued use of ScyllaDB sites after any change in this Agreement will constitute your acceptance of such change.

7. Termination.

ScyllaDB may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties.

Our Services are provided “as is.” ScyllaDB and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ScyllaDB nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

9. Limitation of Liability.

In no event will ScyllaDB, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ScyllaDB under this agreement during the twelve (12) month period prior to the cause of action. ScyllaDB shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the ScyllaDB Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

11. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and ScyllaDB reserve the right to terminate accounts or access of those in the event of a breach of this condition.

12. Indemnification.

You agree to indemnify and hold harmless ScyllaDB, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

13. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

14. Miscellaneous.

This Agreement constitutes the entire agreement between ScyllaDB and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ScyllaDB, or by the posting by ScyllaDB of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Alameda County, California.

Creative Commons license

This document is based on the WordPress.com Terms of Service and is available under a Creative Commons license: http://creativecommons.org/licenses/by-sa/2.5/.