By using the Service, you are agreeing to fully comply with the TOU, without modification by you. If you do not agree with these terms and conditions as originally stated, your only recourse is to discontinue using the Service. In addition, when using particular SEI owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this TOU. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOU.
- Priority. This TOU, in combination with the SEI's Privacy Statement and Intellectual Property Statement sets forth the terms and conditions under which the SEI makes the Service available to you. The SEI's Privacy Statement and Intellectual Property Statement are incorporated herein as if set forth in full.
- Rights Associated with the Service. The Service is designed to provide a forum for discussion of a variety of issues and shall concern information that resides on both SEI-hosted sites as well as sites not owned or controlled by the SEI. In particular, the Service provides brief descriptions of a topic or expressed points of view about a topic to help initiate discussion on topics that interest you. When you select a topic to comment upon that is of interest to you, you will be linked to either an SEI page that contains the story or to the site on which that story appears. The SEI owns and retains all intellectual property rights to the Service; but the SEI does not claim ownership rights to the stories, which are instead held by the sites to which the Service links or other third party providers.
- The stories linked to by the Service are developed by people over whom the SEI exercises no control. As a result, the Service may display results and links to sites that are obsolete, incorrect or that some people may find objectionable, inappropriate, or offensive. We cannot guarantee that an SEI page will not include links to unintended or objectionable content. The SEI assumes no responsibility or liability under any circumstances for the content of any site linked to by the Service.
- Registration. When you register to use the Service, you must provide true, accurate and complete registration information. Should the SEI suspect that your information is not accurate and complete, your account may be subject to suspension or termination. To comply with the Children's Online Privacy Protection Act, at this time the Service is available only to users who are at least 13 years old. If you are under 13, you may not register to use the Service As part of the User registration process, you will be asked to provide an email address and to select a username and password. You, not the SEI, will be responsible for all activities occurring under your username and for keeping your password secure. Please read the SEI's Privacy Statement for additional information as to the SEI's handling of your personal information. The SEI retains the right to revoke and/or terminate any user's registration and all privileges associated with such registration at any time, including for any violation of this TOU.
- Use of the Service. You may only display the content of the Service for your own personal use (i.e., non-commercial use) and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. For example, you may not do any of the following: use the Service to sell a product or service; use the Service to increase traffic to your Web site for commercial reasons, such as advertising sales; take the results from the Service and reformat and display them, or mirror any portion of the results on your Web site; or use the Service as part of a "meta-search" offering. For information and guidelines regarding permission to use specific copyrighted materials owned by Carnegie Mellon University (e.g., text and images) see the Intellectual Property Statement. If you do not find the copyright information you need on this Web site, please consult your legal counsel for advice. In addition, the SEI shall have the right in its sole discretion to suspend or terminate the Service or your access to it.
- Content. "Content," as used herein, is all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted. "User Content" is any Content provided by and/or originating from a user. As used herein, "Content" refers to both User Content and Content unless expressly stated otherwise. You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not the SEI, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. In this regard, you understand that the SEI does not routinely monitor or control the content of information posted by others, and instead simply provides a service by allowing users to access information that has been made available. Because SEI does not control the Content posted via the Service, SEI does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that may be obsolete, incorrect, offensive, indecent or objectionable. Under no circumstances will SEI be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Should Content be found or reported in violation with, but not limited to, the following terms, it will be the SEI's sole discretion as to what action should be taken, including suspension and/or termination of your account.
In addition, you agree to NOT use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, email, transmit or otherwise make available any Content that shows nudity, partial nudity or adult content;
- upload, post, email, transmit or otherwise make available any Content that exhorts others to commit illegal acts;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an SEI official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- repost Content that was deleted;
- post or submit links on behalf of someone else that was banned from the Service;
- allow usage by others in such a way as to violate this TOU;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another;
- upload, post, email, transmit or otherwise make available any Content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- upload, post, email, transmit or otherwise make available any Content that includes personal or identifying information about another person without that person's explicit consent;
- upload, post, email, transmit or otherwise make available any Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
- use the SEI as a forwarding service to another website;
- solicit passwords or personal identifying information for unintended, commercial or unlawful use from other users;
- exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people's entries or other content when you have not been granted the privileges to do so;
- upload, post, email, transmit or otherwise make available any Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Pennsylvania law; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You acknowledge and understand that the SEI may or may not pre-screen Content, but that the SEI and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content for any reason, including for example, content that is available via the Service. Without limiting the foregoing, the SEI and its designees shall have the right to remove any Content that violates this TOU or is otherwise objectionable to the SEI. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the SEI or submitted to the SEI, in all parts of the Service.
You acknowledge, consent and agree that the SEI has the right to access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the SEI, its users and the public. Further, the SEI reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the SEI and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You agree that the SEI has no responsibility or liability for the Content maintained or transmitted by the Service. You acknowledge that the SEI reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the SEI reserves the right to modify these general practices and limits from time to time.
You agree that the SEI may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) repeat postings of material in violation of copyright law or other terms of this TOU, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) extended periods of inactivity, and/or (h) engagement by you in fraudulent or illegal activities, Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in SEI's sole discretion and that the SEI shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
- Content Submitted for Inclusion. The SEI does not claim ownership of Content (including User Content) that you submit or make available for inclusion on the Service. However, with respect to Content (including User Content) that you submit or make available for inclusion on the Service, you grant the SEI a worldwide, royalty-free, non-exclusive perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. The user agrees never to sue the SEI for use of said Content. Any copyright owner will cooperate with the SEI to register such copyright should the SEI need to enforce its licensed rights against others. Text comments, submissions, images and any other Content posted on any SEI hosted blog by registered users may not be reposted or broadcast without the express written permission of the SEI, and must attribute SEI as the source. All users of any SEI hosted Service certify and warrant that any Content he/she submits is his/her work and is not claimed by another. The user agrees to ensure that any work provided is correct, error free and does not contain any inflammatory language, indecency or obscenities. Furthermore, if the work is found to be illegally presented, claimed by another, or forged, the SEI may remove such material and terminate user's account, at the SEI's sole discretion. To the extent the SEI is able to identify persons who are responsible for repeat postings of material in violation of copyright law or or other terms of this TOU, the SEI reserves the right to terminate accounts of such repeat violators.
- Disclaimer of Warranties. The SEI disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed by using the Service. The SEI disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material, including without limitation any user generated content. The SEI disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.
THE SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SEI AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTEDBY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE SEI AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. THE SEI AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. THE SEI AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED FROM USER COMMENTS. THE SEI AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE SEI OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE SEI OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall the SEI or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- Requests for Removal of Links or Cached Materials. The SEI occasionally receives requests from people to remove links from its Service. Although the SEI reserves the right to address such requests individually, the general approach that SEI takes reflects the following principles: The SEI's Service consists of information that has been identified, commented upon and/or linked to by its users. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, the SEI cannot and does not screen everything made available through its Service. For each web site linked to the Service, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, the SEI would consider on a case-by-case basis requests to remove the link to that site from its Service.
- Hold Harmless and Indemnity. You agree to hold harmless and indemnify the SEI, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including without limitation any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this TOU, or your violation of any rights of another. The foregoing includes, without limitation, indemnity for any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, the SEI will provide you with written notice of such claim, suit or action.
- Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against the SEI and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights under California Civil Code § 1542 which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
- Modifications of Terms. The SEI shall have the right to modify the terms of this TOU at any time, which modification shall be effective immediately upon posting. Accordingly, we suggest that you check this page periodically. To make your periodic review more convenient, we will post a date at the bottom of this page.
- Intellectual Property Statement. The SEI respects the intellectual property rights of others and endeavors to comply with all applicable US laws regarding intellectual property. Accordingly, it is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. To the extent that the SEI is able to identify persons who are responsible for postings of material in violation of copyright law, the SEI reserves the right to terminate accounts of such infringers. Further, the SEI's policy is to provide attribution for the content available on the Service by linking to the source of the content. For directions and more information, please see Request Permission.
- Miscellaneous. If any provision of this TOU is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. The SEI's failure to act with respect to a breach by you or others does not waive the SEI's right to act with respect to subsequent or similar breaches. The failure of the SEI to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this TOU are included for convenience only, and shall not limit or otherwise affect the terms of this TOU. This agreement shall be interpreted in accordance with the laws of the State of Pennsylvania as if made in Pennsylvania by two residents of that state. All claims and/or controversies of every kind and nature arising out of or relating to this TOU, including any questions concerning its existence, negotiation, validity, meaning, performance, non-performance, breach, continuance or termination shall be settled (1) at SEI's election, by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and, in such case (a) the arbitration proceedings shall be conducted before a panel of three arbitrators, with each party selecting one disinterested arbitrator from a list submitted by the AAA and the two disinterested arbitrators selecting a third arbitrator from the list, (b) each party shall bear its own costs of arbitration, (c) all arbitration hearings shall be conducted in Allegheny County, Pennsylvania, and (d) the provisions hereof shall be a complete defense to any suit, action or proceeding instituted in any Federal, state or local court or before any administrative tribunal with respect to any claim or controversy arising out of or relating to this TOU and which is arbitrable as provided in this TOU, provided that either party may seek injunctive relief in a court of law or equity to assert, protect or enforce its rights hereunder (2) in the event that SEI does not elect binding arbitration as permitted in point (1) above, exclusively in the United States District Court for the Western District of Pennsylvania or, if such Court does not have jurisdiction, in any court of general jurisdiction in Allegheny County, Pennsylvania and each party consents to the exclusive jurisdiction of any such courts and waives any objection which such party may have to the laying of venue in any such courts. Notwithstanding any provision hereof, for all purposes of this TOU each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. This TOU constitutes the entire agreement between the SEI and you with respect to the subject matter hereof. You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
- Disclaimer of Endorsement. References in this Web site to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, do not necessarily constitute or imply its endorsement, recommendation, or favoring by Carnegie Mellon University or the U.S. Government. The ideas and findings of authors expressed in any reports or other material should not be construed as an official Carnegie Mellon University or Department of Defense position and shall not be used for advertising or product-endorsement purposes. Information contained on the Software Engineering Institute Web site is published in the interest of scientific and technical information exchange.
- Notice. Information from this server resides on a computer system funded by the U.S. Department of Defense. The use of this system may be monitored for computer-security purposes.
8 March 2013