# TERMS AND CONDITIONS OF USE

1. INTRODUCTION
1.
These terms and conditions of use (together with the documents referred to in them) ("Terms and Conditions of Use") set out the terms on which you may download software, order any products or services from, or otherwise make use of the websites www.openx.org and/or hosted.openx.org ("the Site"). Please read these Terms and Conditions of Use carefully before you download any software, order any products or services or start to use the Site.
2.
By using the Site (including downloading any software or ordering any products or services) or by ticking the consent box accepting these Terms and Conditions of Use, you agree to and are bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please refrain from accessing or using the Site and do not tick the consent box.
2. INFORMATION ABOUT OPENX
1.
The Site is operated by OpenX Limited, a limited company registered in England and Wales under number 4646644, the registered office of which is at 12-14 Whitfield Street, London W1T 2RF and whose VAT number is 830 8439 26 ("OpenX").
3. ACCESSING THE SITE
1.
Access to the Site is permitted on a temporary basis and OpenX reserves the right to withdraw or amend the service it provides on the Site without notice (see below). OpenX will not be liable if for any reason the Site is unavailable at any time or for any period.
2.
From time to time, OpenX may restrict access to some part of the Site, or the entire Site, to users who have registered with the Site.
3.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who have access to the Site through your internet connection are aware of these Terms and Conditions of Use and that they comply with them.
4. TERM AND TERMINATION
1.
These Terms and Conditions of Use will apply whilst you are using the Site, using software downloaded from the Site or using products or services ordered from the Site.
2.
Without prejudice to its other rights or remedies, OpenX may terminate these Terms and Conditions of Use at any time.
3.
Any termination of these Terms and Conditions of Use will not affect the coming into force or continuation in force of clauses 5, 6, 9, 10, 16, 19, 20 and 22 of these Terms and Conditions of Use.
5. INTELLECTUAL PROPERTY RIGHTS
1.
OpenX is the owner or the licensee of all intellectual property rights in the Site and in the material published on it. Those works are protected by copyright, patents, design rights and trade marks around the world. All such rights are reserved.
2.
You may print off one copy and may download extracts of any webpage(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
3.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.
OpenX's status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
5.
You must not use any part of the materialclass="li1"s on the Site for commercial purposes without obtaining a licence to do so from OpenX or its licensors.
6.
If you print off, copy or download any part of the Site in breach of these Terms and Conditions of Use, your right to use the Site will cease immediately and you must, at OpenX's option, return or destroy any copies of the materials you have made. OpenX reserves its rights with regards to all other remedies available to it at common law or the law of equity.
6. USE OF SOFTWARE
1.
Any software which is made available for download from the Site or is ordered through the Site is distributed under the GNU General Public Licence Version 2 as set out in Schedule 1 of these Terms and Conditions of Use ("GPL"). In the event of conflict between these Terms and Conditions of Use and the GPL, these Terms and Conditions of Use will prevail.
7. RELIANCE ON INFORMATION POSTED
1.
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. OpenX therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
8. CHANGES TO THE SITE
1.
OpenX aims to update the Site regularly and may change the content at any time and if the need arises, OpenX may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time and OpenX is under no obligation to update such material.
9. LIABILITY
1.
The material displayed on the Site and any software is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, OpenX, other members of its group of companies and their officers, directors and employees hereby expressly exclude:

1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
2. any liability for any indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any material posted on it and/or any use of the software; and
3. any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill and wasted management or office time.

2.
For any other loss, damage or expense incurred and arising out of the performance of these Terms and Conditions of Use, OpenX limits its liability to damages only and the level of such damages shall not exceed one thousand pounds (ÂL1,000) for all or any claims or series of related claims.
3.
The terms of clauses 9.1 and 9.2 do not affect OpenX's liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
10. INDEMNITY
1.
You agree to indemnify OpenX against all liabilities, claims, losses, damages and expenses that may arise from the following:

1. any claim by a third party as a result of a breach or alleged breach of its intellectual property rights;
2. any breach of a licence granted by OpenX;
3. any breach of a warranty contained in these Terms and Conditions of Use; and
4. any other breach of these Terms and Conditions of Use.

11. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
1.
OpenX processes information about you in accordance with its privacy policy which forms part of these Terms and Conditions of Use. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
12. USING THE SITE'S FORUM
1.
Whenever you use the Site, including use of the Site's forum, you agree that you will not post any material which is in breach of a third party's intellectual property rights, defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually orientated, threatening, invasive of a person's privacy, knowingly false or in violation of any law. You warrant that any such contribution does comply with this clause and you indemnify OpenX for any breach of that warranty.
2.
Any material you upload to the Site will be considered non-confidential and non-proprietary and OpenX has the right to use, copy, distribute and disclose to third parties any such material for any purpose. OpenX also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, their right to privacy or is defamatory.
3.
OpenX will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
4.
OpenX has the right to remove any material or posting you make on the Site if, in its opinion, such material does not comply with clause 12.1 above.
13. VIRUSES, HACKING AND OTHER OFFENCES
1.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
2.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. OpenX will report any such breach to the relevant law enforcement authorities and OpenX will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
3.
OpenX will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technology harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material (including software) posted on it, or on any website linked to it.
14. LINKING TO THE SITE
1.
You may link to the Site's home webpage, provided you do so in a way that is fair and legal and does not damage OpenX's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on OpenX's part where none exists.
2.
You must not establish a link from any website that is not owned by you.
3.
The Site must not be framed on any other site. OpenX reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with reasonable content standards.
4.
If you wish to make any use of material on the Site other than that set out above, please address your request on the Site's forum.
15. LINKS FROM THE SITE
1.
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. OpenX has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
16. CONFIDENTIALITY
1.
In the event that you receive any confidential information concerning the business, affairs, customers, clients or suppliers of OpenX, you may not dicclose this confidential information except as permitted by clause 16.2.
2.
You may disclose OpenX's confidential information:

1. to your employees, officers, representatives or advisers who need to know such information for the purposes of carrying out your obligations under these Terms and Conditions of Use. You shall ensure that your employees, officers, representatives or advisers to whom you disclose OpenX's confidential information comply with this clause 16; and
2. as may be required by law, court order or any governmental or regulatory authority.

3.
You shall not use OpenX's confidential information for any purpose other than to perform your obligations under these Terms and Conditions of Use.
17. VARIATIONS
1.
OpenX may revise these Terms and Conditions of Use at any time by amending this webpage. You are expected to check this webpage from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these Terms and Conditions of Use may also be superseded by provisions or notices published elsewhere on the Site. Any changes to this webpage or provisions or notices published on the Site will be deemed to be delivered to you when you first use the Site following the change, provision or notice.
18. ENTIRE AGREEMENT
1.
These Terms and Conditions of Use and the documents referred to in them (including, without limitation, OpenX's privacy policy) represent the whole agreement between you and OpenX.
19. RIGHTS OF THIRD PARTIES
1.
Any person who is not a party to these Terms and Conditions of Use or any agreement formed under these Terms and Conditions of Use has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions of Use.
20. SEVERABILITY
1.
In the event that any clause or sub-clause of these Terms and Conditions of Use is held to be invalid or unenforceable by a court of appropriate jurisdiction, the remaining clauses and sub-clauses of these Terms and Conditions of Use shall remain valid and enforceable.
21. HEADINGS
1.
Headings used in these Terms and Conditions of Use are for convenience only and shall not affect their interpretation.
22. JURISDICTION AND APPLICABLE LAW
1.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site. These Terms and Conditions of Use are governed by English law.
Schedule 1 GNU General Public Licence Version 2

This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program

is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License

along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1

above, provided that you also meet all of these conditions:

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third

parties under the terms of this License.

c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based

on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software

interchange; or,

b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any

associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are

prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or

otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this

License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by

all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing

to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.