Percona Platform Terms of Service

These “Terms of Use” describe the terms upon which you may access and use the Percona Platform (“Platform”). By using the Platform, you affirm that you have read and accepted all of these terms and conditions, which may be updated from time to time. Your continued use of this Platform after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this Platform. If you are an individual acting on behalf of a corporation or other legal entity, you represent that you have authority to agree to these Terms of Use on behalf of the legal entity. If you do not agree to these Terms of Use, do not have the authority to agree to these Terms of Use, or withdraw your consent to the Terms of Use, then you may not access or use the Platform or any materials, documentation, information, or software published or otherwise made available on the Platform (collectively the “Content”).

1. Use of Software. Any “Software” (including open source software) that is made available to you to download from this Platform is the copyrighted work of Percona and/or one or more third parties. Your use of Software is governed by the terms of the applicable license which accompanies, is included with, or referenced in the Software, such as in a “readme” file (“License”), and you agree to abide by applicable License(s). These Terms of Use shall not be deemed to replace or otherwise amend any rights or obligations which may exist pursuant to Software licensed pursuant to an applicable version of the relevant open source license(s).
2. Trademarks. The trademarks, logos, and service marks (“Marks”) displayed on this Platform are the property of Percona or other third parties. You are not permitted to use these Marks without the prior written consent of Percona or the applicable third-party owner of the mark. Please contact [email protected] for more information about trademark usage.
3. Copyrights & Intellectual Property Restrictions. You acknowledge that Percona or its licensors own the copyright and all other intellectual property rights to this Platform and all Content provided on this Platform, unless otherwise expressly indicated. All Content and other content on this Platform is protected by U.S. and international copyright, trademark, and other laws. All rights are reserved by Percona (or its licensors, if applicable), and you agree not to copy, reproduce, download, disseminate, publish, or transfer Content in any form or by any means, except with: (i) Percona’s prior written permission; (ii) as permitted in a separate written agreement; or (iiI) in the case of Software, as permitted by the applicable License(s) or License agreement. Any unauthorized use is strictly prohibited.
4. Warranty Disclaimer. THIS PLATFORM AND ALL CONTENT, SOFTWARE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED IN CONNECTION WITH THIS PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PERCONA AND ITS AFFILIATES DISCLAIM ANY AND ALL GUARANTEES OR WARRANTIES WITH RESPECT TO THIS PLATFORM AND ALL CONTENT, SOFTWARE, AND ANY OTHER PRODUCTS OR SERVICES OFFERED OR PROVIDED IN CONNECTION WITH THE PLATFORM, INCLUDING ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, NON-INFRINGEMENT, OR SYSTEM INTEGRATION. PERCONA MAKES NO WARRANTY THAT: (i) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR ANY CONTENT, SOFTWARE, PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (iii) THE QUALITY OF ANY SOFTWARE, PRODUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL (INCLUDING SOFTWARE OR OTHER CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS PLATFORM IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS PLATFORM OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY PERCONA AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
5. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, PERCONA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR ANY CONTENT, EVEN IF YOU OR PERCONA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (i) THE USE OF OR THE INABILITY TO USE THE PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE PLATFORM; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS, CONTENT OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (iv) SOFTWARE, CONTENT OR OTHER INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
6. Export Control. By using this Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. Percona makes no claim that Content contained on this Platform is appropriate or may be downloaded outside the United States. If you access this Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Platform may be administered and operated from various locations inside and outside the United States. If you use this Platform from other locations, you are responsible for compliance with applicable local laws.
7. Acceptable Use. Your use of the Platform is subject to all applicable local, state, national, and international laws and regulations, and you agree not to violate any such laws or regulations. Any attempt by any person to deliberately damage this Platform is a violation of criminal and civil laws. Percona reserves the right to seek criminal charges and civil damages from such person to the fullest extent permitted by law for misuse of the Platform. When accessing or using this Platform you agree to the following rules/restrictions and acknowledge that violation of any of them constitutes grounds for immediate termination of your access to all or any portion of the Platform without further notice, in our sole and absolute discretion.
   1. You will not engage in fraudulent activity of any kind.
   2. You will not use the Platform in any manner that may be considered objectionable, such as by using the Platform to upload, post, display, or otherwise transmit any Materials or other Content that is false, unlawful, harmful, threatening, abusive, harassing, defamatory, derogatory, obscene, pornographic, libelous, invasive of another’s privacy or public rights, gives rise to civil or criminal liability or otherwise violates any applicable law.
   3. You will not violate or attempt to violate the security of the Platform, use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, or take any action that imposes an unreasonable or disproportionately large load on Percona’s infrastructure. Violations of this sort will be prosecuted to the fullest extent of state and federal laws.
   4. You will not use or launch any automated device, process or system, including “robots,” “spiders,” “offline readers,” or other mechanisms, that (i) accesses the Platform in a manner that sends more request messages to Percona servers in a given period of time than can reasonably be produced by an individual in the same period using a conventional on-line web browser, or (ii) seeks to retrieve, index, “data mine,” or otherwise access Content or data.
   5. You will not harvest, collect, or use information about Platform visitors or users.
   6. You will not engage in any activity that restricts or inhibits any other user from using or enjoying the Platform or any Content, whether by “hacking,” “cracking,” “spoofing,” or defacing any portions of the Platform.
   7. You will not post, upload, email, link to, or otherwise transmit any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of the Platform or impair others’ ability to enjoy the Platform, or the proper functioning of any software, hardware, equipment or materials used in connection with the Platform.
   8. You will not infringe, misappropriate, or otherwise violate any existing local, national or international copyright, trademark, service mark, trade name, patent, right of publicity or privacy, or other intellectual property or proprietary rights of any person or entity whatsoever.
   9. To the extent that Percona requires a password to access any product or service, or any portion of the Platform, you agree to provide Percona with accurate, complete, and up-to-date information. Failure to provide accurate information, or update your information as necessary, constitutes a breach of the Terms of Use, which may result in immediate termination of your right to access this Platform. Furthermore, you agree that you will not (i) give your password to anyone, (ii) use the Platform as the agent of a third party, (iii) allow any third party to use your account, (iv) sell or transfer your use of or access to this Platform or permit anyone else whose account was suspended or terminated to use this Platform through your user name or password, or (v) select a username that impersonates someone else, is intended to disguise the user’s identity, is or may be illegal, may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. Percona reserves the right to reject any user name at Percona’s sole discretion. If any security breach or unauthorized use of your account occurs, you will notify Percona immediately in writing or via email. Percona will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.
   10. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Platform, including any Content, for any public and/or commercial use without the prior written permission of Percona, unless otherwise permitted pursuant to an applicable open source license
8. Privacy. We collect Personal Data from you at the time of registration for the Platform. The purpose of the data collection is to create an account, communicate with you about your use of the Platform, and provide marketing content that may be relevant to you. “Personal Data” includes information that identifies, relates to, describes, can be used to contact, or could reasonably be linked directly or indirectly to you. You can opt-out of receiving marketing communication at any time. Please see Percona’s Privacy Policy for more information about data collection, your rights, and how to opt out of marketing communication.
9. Telemetry Data. Percona may collect Telemetry Data about your use of the Platform and Software. The purpose of collecting Telemetry Data is to deliver better service and products. The data collected helps Percona understand the use and adoption of products and identify where to focus development resources (e.g. whether to release patches for legacy versions of software that are not fully supported). “Telemetry Data” means data that is typically limited to product data, including software version, installation method, uptime, and geographic region. For more information about the collection of Telemetry Data, including how to disable the collection of Telemetry Data, please visit check.percona.com.
10. Links to Other Sites and Content. For your convenience, the Platform may contain links to other sites and resources that may or may not be owned or controlled by Percona. If Percona does not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of any information, product or service made available on those sites. Use of those sites or any information, product, or service obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. The inclusion of any link to a third-party website does not imply endorsement by Percona of the website or the associated organization, information, products, or services.
11. Term & Termination. These Terms of Use are effective upon your accessing the Platform and shall continue in full force until terminated by Percona. In its sole and absolute discretion and without notice, and at any time and for any reason, Percona reserves the right to (i) suspend your access to any restricted portion of the Platform; and/or (ii) remove or disable your access to any restricted portion of the Platform. If applicable, upon termination or suspension, your username and password will be immediately deactivated, and you will no longer have access to the relevant portions of the Platform.
12. Governing Law/Jurisdiction. Any dispute with respect to the Platform or any product or service offered or provided in connection with this Platform, including any Content, shall be governed by the laws of the State of Delaware, excluding its conflicts of laws rules and any implementation of the Uniform Computer Information Transactions Act, and without giving effect to the United Nations Convention on Contracts for the International Sale of Goods. All visitors to the Platform submit to the exclusive jurisdiction of the state and/or federal courts of the State of Delaware. Either party may enforce a judgment rendered by such court in any court of competent jurisdiction, and Percona may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property rights.
13. Eligibility. Percona products and services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Percona products and services are not available to minors under the age of 18. By visiting this Platform or making any purchases through this Platform, you represent to us that you can form legally binding contracts under applicable law and that any and all data you have provided, or will provide, to us via this Platform, such as your name, address and billing information, is complete and accurate.
14. Digital Millennium Copyright Act Notice. Please see Percona’s Digital Millennium Copyright Act Notice: Procedure for Making Claims of Copyright Infringement.
15. Revisions. Percona may revise these Terms of Use at any time without notice to you. The revised Terms of Use will be effective when posted. Your continued access to or use of the Platform after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of the Platform and all Content. At our sole discretion, we may provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Platform.
16. Miscellaneous. Any use of the term “include” or “including” shall mean “include without limitation” and “including without limitation,” respectively. You will not assign or sublicense these Terms of Use or any of your rights or obligations hereunder, without the express written consent of Percona, which may be withheld in its sole and absolute discretion. Subject to the foregoing, these Terms of Use will inure to the benefit of, and will be binding upon, the parties, their respective successors, and permitted assigns. If any provision of these Terms of Use is deemed by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of these Terms of Use will not be affected. Such provision will be deemed modified to the minimum extent necessary to make the provision consistent with applicable law and, in its modified form, the provision will then be enforceable and enforced. The waiver or failure of any party to exercise rights under these Terms of Use will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and signed by the party to be charged therewith. These Terms of Use contain the entire agreement between you and Percona regarding the use of the Platform.

By subscribing to our Platform you agree to the foregoing terms and conditions. You also consent to the collection of personal data and agree to receive communication from Percona. We will collect and process your personal data in accordance with the Percona Privacy Policy. You can opt-out of marketing communication at any time by updating your email preferences or contacting us at [email protected].