TERMS AND CONDITIONS OF USE FOR LUCIDWORKS, INC. WEB SITE
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THE LUCIDWORKS WEB SITE AND THE SERVICES AVAILABLE ON THIS WEB SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND LUCIDWORKS, INC. (“WE” “US” OR “LUCIDWORKS”) AND GOVERN YOUR ACCESS TO AND USE OF THE LUCIDWORKS WEB SITE LOCATED AT: LUCIDWORKS.COM (THE “SITE”). YOUR USE OF LUCIDWORKS’ SITE AND THE RELATED SERVICES ARE SUBJECT TO THESE TERMS. BY USING THE SITE, OR THE SERVICES PROVIDED THEREON, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE AND/OR THE SERVICES.
LUCIDWORKS MAY, IN ITS SOLE DISCRETION, MAKE CHANGES TO THE SITE, SERVICES OFFERED ON THE SITE, AND THESE TERMS AT ANY TIME. LUCIDWORKS WILL POST NOTICE OF THE CHANGES AND THE UPDATED TERMS ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS POSTED ON THE SITE PERIODICALLY FOR UPDATES AND CHANGES.
1. Agreement to Terms. As long as you comply with these Terms, LucidWorks grants you a personal, non-exclusive, non-transferable, limited privilege to use the Site.
2. Purposes of this Site.
2.1 To Provide Information about LucidWorks. Click here to visit the home page.
2.2 To Allow Customers and Others to Post Comments about LucidWorks Products and Services. This Site is the appropriate website to discuss and make comments and suggestions for LucidWorks products and services but not to discuss and make comments and suggestions about Lucene/Solr technology in general. Therefore, please do not post any comments and suggestions about Lucene/Solr technology in general to this Site. You agree that LucidWorks has the right to use any information, comments, ideas and/or suggestions that you post to any area of the Site or include in any e-mail to LucidWorks for any purpose and on an unrestricted basisPlease see the Postings and Submissions section below for rights and restrictions applicable to Postings and Submissions (as defined below).
3. Content; Software Licenses.
LucidWorks provides content and other services through the Site. Information, documents, products and services provided on and through the Site, including content, trademarks, logos, graphics and images that are not Submissions or Postings (together, the “Materials”) is owned, controlled, or licensed by or to LucidWorks and is protected by copyright, trade dress, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
3.2 Software Licenses.
In addition, LucidWorks may make software products available to you on the Site for download (the “Software”) and may provide related services thereto (the “Services”). Your use of the Software is governed either by the Apache License, Version 2.0 , or by the terms of the Creative Commons license (http://creativecommons.org/licenses/by-nc-nd/3.0/us/legalcode) as applicable. Applicable licenses accompany the Software prior to downloading.
4. Password Restricted Areas of the Site.
You will need a password to login to the Site and use certain functions and areas within the Site (“Restricted Areas”). You may obtain the password when you first log in. You are responsible for maintaining the confidentiality of your password and account, and agree to notify LucidWorks if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify LucidWorks of any unauthorized use of your account or any other breach of security in relation to the Site known to you. You will not use other members’ contact information gathered from Restricted Areas of the Site for commercial purposes and agree not to provide any other member’s contact information to any third party that is not a registered member of LucidWorks’ Restricted Area.
You acknowledge that LucidWorks reserves the right to institute charges for certain Services and to change its fees and/or fee structures from time to time in its discretion. LucidWorks shall post notice of such changes on the Site. You agree that your continued use of all or part of the Site will be subject to your agreement to pay any applicable fees.
7. Third Party Content and Links.
7.1 Third Party Content
This Site contains information and content that may be provided by third party licensors and suppliers to LucidWorks (“Third Party Content”). The Third Party Content is, in each case, owned, controlled or licensed by or to the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), distribute, edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. LUCIDWORKS DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.2 Links to Third Party Sites.
This Site may be linked to other sites that are not LucidWorks sites. LucidWorks is providing these links to you only as a convenience, and LucidWorks is not responsible for the content or links displayed on such sites.
8. Postings and Submissions.
8.2. Submissions – Notwithstanding the foregoing terms relating to your Posting(s), to the extent that you submit to LucidWorks any ideas, content, suggestions, information or feedback concerning the Materials and/or Services, including, but not limited to, content that you submit via e-mail, a comment or through a Posting (each, a “Submission”), such Submissions will be the sole and exclusive property of LucidWorks. You hereby assign, transfer and convey to LucidWorks, its successors, assigns, agents, and licensees, all worldwide right, title and interest in and to all intellectual property rights in the Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, all contract and licensing rights, and all claims and causes of action with respect to any of the foregoing, whether now known or hereafter to become known. You represent and warrant that (i) you are the sole owner of any intellectual property rights in the Submissions you provide to LucidWorks; (ii) you have the full and exclusive right to convey the entire interest in and to the Submissions; and (iii) to the best of your knowledge, the Submissions do not infringe any copyright, trade secret, patent or other intellectual property right. You covenant and agree to cooperate with LucidWorks to enable LucidWorks to obtain, sustain, enforce and enjoy to the fullest extent all right, title and interest herein conveyed.
8.3. Posting Etiquette.
LucidWorks asks that you respect our on-line community and other individuals. When submitting Postings to or otherwise using the Site and/or the Services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Impersonate or represent LucidWorks, our staff or other industry professionals.
- Solicit a member’s password or other account information.
- Harvest user names, addresses, or email addresses for any purpose other than to conduct LucidWorks business.
- Use racially, ethnically, or otherwise offensive language.
- Incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
This list of prohibitions provides examples and is not complete or exclusive. LucidWorks reserves the right to (a) terminate your access to your account, your ability to post to this Site (or receive the Services) and (b) refuse, delete or remove any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that LucidWorks determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. LucidWorks may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at LucidWork’s discretion, LucidWorks will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. These prohibitions do not require LucidWorks to monitor, police or remove any Postings or other information submitted by you or any other user.
8.4 Unauthorized Activities.
Postings and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You shall indemnify and hold LucidWorks and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) LucidWorks or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
9. Proprietary Rights.
9.1 Trademarks and Copyright Notices.
LucidWorks is a trademark of LucidWorks in the United States. All other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified, all information and screens appearing on this Site, including documents, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of LucidWorks, Copyright © 2007-2009 LucidWorks, Inc. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
9.2 Copyright and Trademark Infringements.
LucidWorks respects the intellectual property rights of others, and we ask you to do the same. LucidWorks may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide LucidWorks' designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit LucidWorks to locate the material.
- Information reasonably sufficient to permit LucidWorks to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LucidWork’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:By mail: LucidWorks, Inc.,3800 Bridge Parkway, Suite 101, Redwood City, CA 94065 By e-mail: legal@Lucidworks.com Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
10. Disclaimer of Warranties.
Your use of this Site and any Services is at your own risk. Neither the Materials, Postings nor the Third Party Content have been verified or authenticated in whole or in part by LucidWorks, and they may include inaccuracies or typographical errors. LucidWorks does not warrant the accuracy of timeliness of the Materials, Postings or the Third Party Content contained on this Site. LucidWorks has no liability for any errors or omissions in the Materials, Postings and/or the Third Party Content, whether provided by LucidWorks or our licensors. LUCIDWorks, FOR ITSELF AND ITS LICENSORS AND CONTRIBUTORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICES OR ANY MATERIALS, POSTINGS OR THIRD PARTY CONTENT OR RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, POSTINGS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, MATERIALS, POSTINGS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LUCIDWORKS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
11. Limitation of Liability; Waiver of Consequential Damages.
LUCIDWORKS AND ITS LICENSORS AND CONTRIBUTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL, POSTINGS OR THIRD PARTY CONTENT ON THE SITE OR YOUR USE OR INABILITY TO USE THE SITE OR SERVICES. IN NO EVENT SHALL LUCIDWORKS OR ITS LICENSORS AND CONTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF LUCIDWORKS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. [We need to check your upstream licenses from any requirements on limits of liability for licensors]
12. Limitation on Damages.
IN NO EVENT SHALL LUCIDWORK’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS SITE EXCEED FIVE HUNDRED DOLLARS (USD $500).
LucidWorks prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined by LucidWorks, will result in termination of your access to the Site or Restricted Areas. LucidWorks has the right to terminate any password-restricted account for any reason. LucidWorks will provide you with notice of the termination of your account. Ten Sections of these Terms governing the proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
14.1 Local Laws.
LucidWorks controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
14.2 Governing Law.
California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the state and federal courts located in the State of California. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.
LucidWorks’ failure to enforce any of these Terms is not a waiver of such term. If any of the provisions of these Terms are held by a court to be void or unenforceable, such provisions shall be replaced with provisions that best embody the intent of these Terms, so that these Terms remain in full force and effect. The Terms are the entire agreement between you and LucidWorks and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and LucidWorks about the Site.
Last updated on May 7, 2009.