Jul. 21th 2010
Description of the Jolicloud Software
The “Jolicloud Software” refers to the Linux-based operating system developed and distributed by Jolicloud for netbooks and other computing devices. Jolicloud Software components include notably the Jolicloud API (application programming interface consisting of the set of routines utilized by the Jolicloud Software. Jolicloud API being included in or linked to the Jolicloud Software as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof), UI (user interface for the Jolicloud Software) and documentation, as well as any future versions, improvements, developments, fixes, updates and upgrades.
Licenses
The Jolicloud Software is a modular operating system comprised of numerous components that may be accompanied by separate license terms. The Jolicloud Software is a work of Jolicloud; although Jolicloud does not own the copyright to every component of the Software, Jolicloud owns the work’s rights for the Jolicloud branding and look & feel. Jolicloud hereby grants You a worldwide, free, non-exclusive and non-transferable license to use the Jolicloud branding and look & feel for the use of Jolicloud Software.
Most of the components are open source packages, developed independently, and accompanied by separate license terms. The license agreement for each software component is located in the software component's source code. Your license rights with respect to individual components accompanied by separate license terms are defined by those terms; nothing in this agreement shall restrict, limit, or otherwise affect any rights or obligations You may have, or conditions to which You may be subject, under such license terms; however, if You distribute copies of any component independent of the Software, You must remove all Jolicloud trademarks, trade dress, and logos from each copy.
The Jolicloud Software is free software. You can use, redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; version 2.
See the GNU General Public License for more details : http://www.gnu.org/licenses/old-licenses/gpl-2.0.txt
WARRANTY & DISCLAIMER
THE JOLICLOUD SOFTWARE is PROVIDED "AS IS." The use of the Jolicloud Software and any services accessible through it is at YOUR own risk. JOLICLOUD MAKES NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND JOLICLOUD SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF JOLICLOUD WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE JOLICLOUD SOFTWARE, Jolicloud does not warrant that use of the JOLICLOUD SOFTWARE will be uninterrupted or error free, will meet YouR requirements, or that it will operate with the combination of hardware and Software selected by You.
Jolicloud may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations or for any other reason. Jolicloud may also have to repair, improve, and/or upgrade Jolicloud Software and this may require us to restrict, limit, suspend, interfere and/or interrupt Jolicloud Software.
If the use of the Jolicloud Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledges and agree that the license to use the Jolicloud Software is subject to You obtaining consent from the relevant third party for such use.
LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JOLICLOUD BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT OR OTHER DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT JOLICLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
JOLICLOUD SOFTWARE IS AVAILABLE FOR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOLICLOUD's total net aggregate liability to You, after consideration of counterclaims, shall be limited to € 100 (one hundred euros).
Update
Jolicloud reserves the right to modify this Disclaimer at any time by publishing the revised Disclaimer in the framework of a new release or upgrade of Jolicloud Software.