The Community is provided on an AS IS and AS AVAILABLE basis. VMware will not be liable to you or any third party for any claims or actions arising or resulting from your use, visit, or participation in the Community and for any modification, suspension, or termination of the Community, or termination of your access to the Community. Any action related to this Website will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
2. Description of the Community. The Zimbra Community includes but is not limited to the Zimbra Forums and the Zimbra Gallery. The Zimbra Forum is a place for community members, partners and customers to share information on the use, administration and troubleshooting of the Zimbra Collaboration Suite. The Zimbra Gallery (“Gallery”) is a place for community members, partners and customers to share extensions for the Zimbra Collaboration Suite, including but not limited to Zimlets and development utilities (“Extensions”). Not everything that appears in the Gallery is free. Please respect the choices that Gallery contributors make for their Extensions and abide by the licenses they select. Comments and reviews should be fair and justified, knowing someone has put time and effort into building something that may benefit you.
3. Registration. You must be at least eighteen (18) years old to use and participate in the Community. You must provide current, accurate, and complete information about yourself that may be required as part of the account creation process and/or continued use and participation in the Community. You are responsible for maintaining the confidentiality of your Community password and account (if any), and are entirely responsible for any and all activities that occur under your account. You must maintain and promptly update any account and/or user information provided to VMware to keep it accurate, current and complete. You must notify VMware immediately of any breach of security or unauthorized use of your account. VMware will not be liable for your losses caused by any unauthorized use of your account. You may be liable for the losses of VMware or others due to such unauthorized use. VMware reserves the right to refuse access to the Community to anyone at any time, without notice, for any reason.
4. Conduct. You must abide by the following rules of conduct:
1. Do not engage in any unlawful conduct in the Community. In particular, do not post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information in the Community.
2. Treat others in the Community as you would expect them to treat you. Do not engage in personal attacks or any type of "flaming" of other users. Do not "troll", i.e. post topics or opinions that are designed to provoke a negative response from one or more specific users.
3. Do not use offensive language. If you have any doubts about whether a particular statement might be considered offensive by other users, do not post it.
4. Do not engage in disruptive activity in the Community, such as persistent off-topic contributions or comments, or statements that might incite other users to violate these guidelines or participate in illegal activities.
5. Do not contribute content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.
6. Do not post any instructions, software or other materials that would allow participants or third parties to harm other users' computers or to inappropriately access software or websites.
7. Do not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. Do not employ any type of spiders, scrapers or bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
8. Do not falsely impersonate any person or entity, including VMware employees or agents.
9. Do not use the Community to spam other users, including sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities.
10. Do not misrepresent the source of anything you contribute.
12. You are responsible and liable for all your activities while participating in the Community, including anything you contribute.
13. Do not rely on the Website for the safe and secure storage of any materials, such as photos, documents and software. The Website is not designed as the primary place to store any of these materials, and VMware is not responsible for the alteration, deletion or loss of any stored items. Create back-ups for any materials that you contribute to the Website.
14. VMware reserves the right to remove at any time, without notice, any materials, information, or Contributions (as defined in Section 9 below) that violate these guidelines. VMware also reserves the right at any time, without notice, to ban a user who has violated these rules of conduct from the Community and/or from the VMware Communities. “VMware Communities” means the website hosted by VMware located at http://www.vmware.com/communities/content/.
15. You are responsible for any actions you may take based on information or advice you receive while online. Use your own good judgment when evaluating information provided through the Community or any other communication service. The decision to share information or conduct transactions with anyone is your own; therefore conduct your own research prior to making any decisions.
16. Do not alter or modify any part of the Community, including but not limited to any of its related technologies.
17. Do not distribute in any medium any part of the Community, including but not limited to user Contributions (as defined in Section 9 below) without VMware’s prior written authorization.
18. Do not access user Contributions (as defined in Section 9 below) or Community content through any technology or means other than the Community itself or other explicitly authorized means VMware may designate.
19. Do not engage in any practices for the purpose of affecting any Contribution (as defined in Section 9 below) positioning in the Community.
5. Third Party Links and Download of Products. The Community may contain third party information, products or links to third party programs, services and/or websites that are not owned or controlled by VMware. VMware has no control over, and assumes no responsibility for, the content, pricing, privacy policies, or practices of any third party virtual appliance, service and/or website. We must remind you that some content and links on the Internet contain adult content that is not suitable for children and may be offensive to some users. By using the Community, you expressly relieve VMware from any and all liability arising from your use of any third party program, service and/or website. You acknowledge that any product, service, or website that you may download from or through the Community may require the use of additional hardware and/or software products. You agree that it is your responsibility to obtain any such additional product licenses for third party products. VMware will not be liable for any loss, destruction, or damage of any product or service you download from or through the Community. VMware will not be responsible for any delay or interruption in the download of any product. VMware does not warrant that product or service descriptions, pricing or other content on this Website is accurate, complete, reliable, current, or error-free.
6. Product Pricing. Except where noted otherwise, the list price displayed for any products or services on the Website represents the retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. We do not warrant the accuracy of any list price and are not responsible for the purchasing, servicing or delivery of any third party software. All pricing is subject to change without notice.
7. Service and Support. All requests for technical service and support should be made directly to the software vendor in accordance with such software vendor’s terms and conditions. VMware is not responsible for third party support and service contracts. Support for VMware products is not provided through the Community; for information regarding support for VMware products, please visit http://www.vmware.com/support/.
8. Return of Products. VMware is not responsible for returns for any third party products provided on or through the Community. All requests for return of products should be made directly to the software vendor in accordance with such software vendor’s terms and conditions.
VMware assumes no responsibility or liability over the sharing of Contributions among users. All Contributions are deemed to be provided on a non-confidential basis. Any Contributions provided by you to the Community may be editable and freely used by VMware and Contributions may be downloaded by end users. VMware shall have the right to re-post Contributions to other areas of the Community or VMware’s website and to remove Contributions if VMware determines, in its sole discretion, that the content is inappropriate. However, VMware is under no obligation to post, use, take down or remove any Contributions provided by you or other users. VMware does not claim ownership of any Contributions that you or other users post, upload, submit or otherwise provide to the Community. By providing Contributions to the Community, unless otherwise agreed upon in a separate written agreement with VMware, you grant to VMware a worldwide, non-exclusive, no-charge, royalty-free license to reproduce, publicly display, publicly perform, create derivative works of, sublicense, and distribute such Contributions without limitation. Additionally, by providing Contributions to the Community, you grant to VMware a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to make, have made, use, offer to sell, export, and otherwise transfer or sublicense such Contributions.
In order to grant VMware and other users of the Community the rights, permissions and licenses contained herein, you represent and warrant that you either own or have all the necessary intellectual property rights to the Contributions uploaded or shared to the Community and that your Contributions are non-infringing on the intellectual property rights and privacy rights of others. By uploading Contributions to the Community, you warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware.
If you are interested in contributing code, patches, or translations to the Zimbra Collaboration Suite, you will need to sign and accept the terms of the Zimbra Contribution Agreement after you register with the Zimbra Community. Please see http://www.zimbra.com/community/contribute.html for more information on making a Zimbra product contribution.
10. Extensions. In order to post an Extension to the Gallery, you must comply with the guidelines for Extensions located at http://wiki.zimbra.com/index.php?title=Zimbra_Gallery:How_to_Contribute. Note that Community moderators and VMware employees are not able to review and approve Extensions listed in the Gallery. Please contact firstname.lastname@example.org to report abuses.
If you post an Extension to the Gallery and you would like such Extension to be available for download direct from the Gallery, you must agree to license your Extension in the Gallery under the Apache License, version 2.0, and no other license. If you post an Extension to the Gallery and you would like such Extension to be listed in the Gallery as being licensed under any license other than the Apache License, version 2.0, you must make your Extension available for download, and deliver such Extension, from a site external to the Gallery and VMware shall be under no obligation to make such Extension available for download direct from the Gallery. Placement and positioning of any Extension in the Gallery is solely at the discretion of VMware. VMware reserves the right in its sole discretion to categorize, remove, reject, discontinue, omit, or cancel any Extension or portion thereof, at any time and without notice. This right shall not be deemed waived by any acceptance or use of any Extension. You shall not state or imply that any Extension has been developed, endorsed, reviewed, or otherwise approved by VMware or Zimbra.
By providing an Extension to the Gallery, you grant VMware a worldwide, non-exclusive, no-charge, royalty-free right to use your name, trademarks, trade names, and logos related to your Extension in marketing, advertising and promotional materials and in the Community (including links to your website, your information, and the Extension) solely for the purposes of promoting the Community and Zimbra products and services and publicizing your Extension. Additionally, by providing an Extension to the Gallery, you represent and warrant that: (a) you hold all rights in or have appropriate licenses for (including without limitation any copyright, trademark, patent, publicity or other rights) the Extension and are in compliance with all such licenses; (b) all information you provide for the Extension listing and your account information is complete, correct and current; (c) any use of the Extension as licensed will not violate or encourage violation of any applicable law, regulation, code of conduct, or third party right (including without limitation intellectual property rights and privacy rights); (d) you shall not advertise anything illegal or engage in any illegal or fraudulent business practice; and (e) you shall not use any automated means or form of mirroring to access, query or otherwise collect traffic from any website or property.
11. Digital Millennium Copyright Act. VMware respects the intellectual property rights of others. It is VMware’s policy that upon proper notification of an alleged copyright infringement, VMware will remove any and all Contributions and any other infringing materials from the Community and may terminate the associated subscriber’s account and/or the accounts of repeat infringers. If you believe that a Contribution that is available in the Community infringes your copyright, please notify VMware of the claimed copyright infringement by sending a written communication that includes the following:
1. Include a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright and/or intellectual property that is allegedly infringed.
2. Clearly identify the copyrighted work claimed to have been infringed.
3. Identify the material and the location of the material in the Community that is alleged to be infringing. For instance provide the specific URL where the material appears in the Community or a similar identification, so that VMware may locate the material.
4. Your contact information including mailing address, telephone number, and e-mail address where VMware may contact you.
5. 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 owner, its agent, or the law.
6. 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.
Send written communication to:
VMware, Inc. Attention: Legal, DMCA Complaints, 3401 Hillview Avenue, Palo Alto, CA 94304, Facsimile: (650) 427-5001
12. Disclaimer. THE COMMUNITY, ALL PRODUCTS (INCLUDING SOFTWARE), CONTRIBUTIONS, SERVICES, AND INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE (COLLECTIVELY “COMMUNITY OFFERINGS AND MATERIALS”) ARE PROVIDED BY VMWARE “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VMWARE DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VMWARE MAKES NO WARRANTY THAT THE COMMUNITY OFFERINGS AND MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE COMMUNITY OFFERINGS AND MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF COMMUNITY OFFERINGS AND MATERIALS WILL BE ACCURATE, COMPLETE OR RELIABLE; THAT ANY COMMUNITY OFFERINGS AND MATERIALS WILL BE STORED ON THE WEBSITE OR BY VMWARE, THAT THE QUALITY OF ANY COMMUNITY OFFERINGS AND MATERIALS WILL MEET YOUR EXPECTATIONS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMMUNITY OFFERINGS AND MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VMWARE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE COMMUNITY OFFERINGS AND MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VMWARE OR ANY OF ITS PARTNERS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE COMMUNITY OFFERINGS AND MATERIALS UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, ANY OTHER LEGAL THEORY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. VMWARE’S LIABILITY RESULTING FROM THE USE OR INABILITY TO USE THE COMMUNITY OFFERINGS AND MATERIALS, WILL NOT, IN ANY EVENT, EXCEED US$5.00. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. Indemnification. If VMware and its subsidiaries, affiliates, directors, officers, agents, and employees should incur any liability to a third party arising out of or in any way related to your use of the Website, you agree to indemnify and hold VMware free and harmless from any such liability, and from all loss, claims, costs, demands, debts and causes of action in connection therewith, including reasonable attorneys’ fees.
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