Terms of Participation

BY ACCESSING, BROWSING OR USING THIS WEB SITE, ANY OF THE SOFTWARE OR RELATED MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE WEB SITE TERMS OF PARTICIPATION. IF YOU DO NOT AGREE TO ALL OF THESE WEB SITE TERMS OF PARTICIPATION, DO NOT USE THIS WEB SITE.

1. This web site is made available by Linspire, Inc. ("Linspire"). Software code and related materials on this web site ("Posted Materials") are subject to these web site Terms of Participation ("Terms of Participation"). Posted Materials may be provided as code, code samples, technical materials, articles, white papers, FAQs, emails, discussion thread postings, weblogs ("blogs"), wikis and other sources of information found on this web site. Posted Materials may be contributed by other users of this web site ("Users") or by Linspire. You agree to be bound by any other licenses, terms, proprietary right notices and copyright notices, if any, found on this web site or accompanying the Posted Materials, which apply to software code or any other content or materials that you use and/or download from this web site. You also agree to be bound by the Freespire.org terms of use ("Terms of Use") presently found at: http://wiki.freespire.org/Terms and Conditions.
2. In the event of any conflict between these Terms of Participation and the Terms of Use, these Terms of Participation prevail. In the event of any conflict between these Terms of Participation and any other license applicable to specific software, such other license prevails.
3. You agree that all software, related materials, technical materials, information and/or content of any sort submitted by you to this web site ("Submissions") may be made available on this web site (at Linspire's sole discretion) under these Terms of Participation. Submissions of source code stored (a) in a CVS tree or (b) as a file release ("Source Code") may also be after posted subject to one of the following licenses: (i) the OSI-approved license which you are allowed to chose as applicable to such Source Code; or (ii) such other licensing arrangements as may be approved by Linspire (collectively the "Software License"). You acknowledge that these Terms of Participation rely upon the User who downloads Posted Materials or Source Code to (i) download the applicable copyright notice and (ii) download the applicable Software License, and then (iii) accompany the Posted Material with such legal documents during distribution in compliance with the Software License. You agree to assume all risk and consequences, including potential loss of legal rights, resulting from a User's failure to reproduce applicable copyright notices and/or the Software License within Posted Materials before distribution.
4. You agree to assume all risk in downloading any Posted Materials and from any use thereof you may choose to make. You must take precautions (e.g., virus scans, etc.) to ensure that whatever Posted Materials you download do not contain viruses, worms or other items of a destructive nature. Linspire provides no assurances that the Posted Materials do not contain any viruses, problems or errors, nor that any such issues will be resolved.
5. You agree that Submissions made by you to this web site are not confidential and are not trade secrets. You agree to waive any right of privacy for all such Submissions, including information you provide in connection with Submissions. In all other respects your privacy rights are governed by the Privacy Policy found at http://freespire.org/home/privacy and you agree to be bound by this Privacy Policy.
6. As between Linspire and you, it is you, not Linspire who has full responsibility for your Submissions, including their legality. You acknowledge that you, not Linspire, are liable for all claims arising out of your Submissions or the use thereof, including but not limited to alleged violations of: (a) any party's legal or intellectual property rights; or (b) any statute, regulation or law of any country. You agree to indemnify and hold Linspire and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, (i) made by any third party due to or arising out of any Submission you submit, post to or transmit through this web site; (ii) your violation of these Terms of Participation; or (iii) your violation of any rights of another.
7. IN NO EVENT WILL LINSPIRE OR THE OTHER USERS BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO YOUR DOWNLOAD OR USE OF POSTED MATERIALS FROM THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS DATA EVEN IF LINSPIRE OR THE OTHER USERS ARE EXPRESSLY ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
8. POSTED MATERIALS ARE PROVIDED FOR DOWNLOAD AND/OR USE BY YOU ON AN "AS IS" BASIS. YOU ASSUME ALL RISK OF LOSS FOR THE DOWNLOAD OR USE OF POSTED MATERIALS. THE USERS AND LINSPIRE PROVIDE NO REPRESENTATIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR NON-INFRINGEMENT FOR THE DOWNLOAD OR USE OF POSTED MATERIALS.
9. Linspire is committed to respecting others' intellectual property rights, and asks Users to do the same. Linspire may, in its sole discretion, terminate the access rights of Users who are allegedly infringing or otherwise violating others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our web site, please follow the procedure set forth in Section 8 of the Terms of Use.
10. You acknowledge that Linspire does not pre-screen Submissions or Posted Materials and can delete Posted Materials, Submissions or your access to this web site at any time for any reason or for no reason at all. The Posted Materials on this web site may contain technical inaccuracies or typographical errors. You understand that the Posted Materials, including the blogs and wikis, contain opinions that are the personal opinions of the authors and not the opinions of Linspire even if the authors are employees of Linspire. The Posted Materials and/or these Terms of Participation may be changed or updated without notice. You acknowledge that Linspire may establish general practices and limits concerning use and storage of content on the web site and that they reserve the right to change these general practices and limits at any time, in their sole discretion, with or without notice. You agree that the Linspire has no responsibility or liability for the deletion, failure to store or the backup of any Submissions or Posted Materials maintained or transmitted on this web site.
11. Posted Materials and Submissions may be subject to U.S. export controls or the trade laws of other countries. You will comply with all such laws and obtain such licenses as may be required. You will not export or re-export Posted Materials to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls. You will not use or provide Posted Materials for nuclear, missile, chemical or biological weaponry end uses. Posted Materials containing encryption software, technology and/or technical assistance involving encryption (collectively "Encryption Technology ") can be subject to U.S. Export restrictions. You agree not to submit any Encryption Technology in a Submission you make to this web site.
12. Linspire does not claim ownership of Submissions you post or make available for inclusion on this web site. However, with respect to such Submissions, notwithstanding any other provision of these Terms of Participation, you grant Linspire and Linspire's designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on Linspire part and Linspire will not be liable for any use or disclosure of any Submissions. Without in any way limiting the foregoing and except as otherwise provided in these Terms of Participation or in the Freespire wiki, content (including Submissions) on the Freespire wiki will be licensed under the Creative Commons Attribution-ShareAlike 2.5 License. A direct link back to the Freespire wiki content satisfies Linspire's credit requirement. You represent that you are legally entitled to grant the rights and privileges conveyed by this section and warrant that your Submissions do not violate any other party's patents, copyrights, trademarks or other intellectual property rights.
13. You may provide a "Copyright Notice" applicable to each Submission you make in the following format at the time that you make a Submission:
    • Copyright Claimed: Copyright (c) [Year] [Copyright Owner]. All Rights Reserved.
    • The "Year" is the year of first publication of that particular version of the Submission.
14. This web site may provide, or third parties may provide, links to other World Wide Web ("WWW") sites or resources. You acknowledge and agree that Linspire is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on, or available from, such sites or resources. You further agree that Linspire shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such site or resource.
15. These Terms of Participation shall be governed by, and construed in accordance with, the laws of the State of California and applicable U.S. Federal law without application of choice of law rules. These Terms of Participation are not governed by either (i) the United Nations Convention on the International Sale of Goods or (ii) the Uniform Computer Information Transactions Act ("UCITA"), as such may be adopted by various states. Any dispute relating in any way to these Terms of Participation or to your visit to this web site shall be submitted to confidential arbitration in San Diego County, California, U.S.A., except that, to the extent you have in any manner violated or threatened to violate Linspire's intellectual property rights or other proprietary rights or the licenses granted pursuant to these Terms of Participation, Linspire may seek injunctive or other appropriate relief in any state or federal court, and you irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator shall not have the power to alter, modify, amend, add to or subtract from any term or provision of these Terms of Participation, to rule upon or grant any extension, renewal or continuance of these Terms of Participation, or to award damages or other remedies expressly prohibited by these Terms of Participation, including, without limitation, punitive or exemplary damages. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Participation shall be joined to an arbitration involving any other party subject to these Terms of Participation, whether through class arbitration proceedings or otherwise. If, as a matter of law, the foregoing arbitration provision is not enforceable as to a particular claim brought by one party against the other, then that claim shall be instituted solely in a court situated in San Diego County, California, U.S.A.; for this purpose, both you and Linspire irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts.
16. Upon distribution by you, the Posted Materials are subject to the terms of the applicable Software License as described in section 3. You must follow the terms of the applicable Software License for such distribution. The Copyright Notice and, in some cases, the Software License, can be found on the web page from which you downloaded the Posted Materials and/or in the Posted Materials themselves.

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