PLEASE READ THIS WEBSITE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING OUR WEBSITE (DEFINED BELOW). BY USING OUR WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT VISIT AND/OR USE OUR WEBSITE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, CLICK “AGREE”. BY CLICKING “AGREE” OR BY DOWNLOADING, USING OR COPYING ANY PART OF THIS OUR WEBSITE, YOU ARE AGREEING TO BE BOUND TO ALL THE TERMS AND CONDITIONS OF THIS LICENSE.
IMPORTANT NOTE: To the extent that this website may be used to reproduce, modify, publish, or distribute materials, such use is licensed to you only for materials you are authorized or legally permitted to reproduce, modify, publish, or distribute. If you are uncertain about your right to copy, modify, publish, or distribute any material, you should contact your legal advisor.
1. General.
A. Our website, any third party website, documentation, interfaces, content, fonts, and any data accompanying this License whether on disk, in read-only memory, on any other media or in any other form (collectively “our website”) are licensed, not sold, to you by us for use only under the terms of this License. We retain ownership of our website itself and reserve all rights not expressly granted to you.
B. We, at our discretion, may make available future upgrades or updates to our website. Upgrades and updates, if any, may not necessarily include all existing website features or new features. The terms of this License will govern any website upgrades or updates provided by us that replace and/or supplement the original website product unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.
C. Title and intellectual property rights in and to any content displayed by or accessed through our website belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
2. Permitted License Uses and Restrictions.
A. Sanctuary Store License. If you obtained a license for our website from the Sanctuary Store, then subject to the terms and conditions of this License and as permitted by the Services and Content Usage Rules set forth in our Media Services Terms and Conditions (https://www.california-sanctuary.zone/legal/terms.html) (“Usage Rules”), you are granted a limited, non-transferable, non-exclusive license:
(i) to download, visit, use and run for personal, non-commercial use, one (1) copy of our website directly on each computer running a compatible version of an operating system that you own or control; and
(ii) if you are a commercial enterprise or educational institution, to download, visit, use, and run one (1) copy of our website for use either: (a) by a single individual on each of the computer(s) that you own or control, or (b) by multiple individuals on a single shared computer that you own or control. For example, a single employee may use our website on both the employee’s desktop computer and laptop computer, or multiple students may serially use our website on a single computer located at a resource center or library.
B. Volume or Maintenance License. If you obtained our website under a volume or maintenance license program with us, the terms of your volume or maintenance license will determine the number of copies of our website you are permitted to download, visit, use, and run on computers you own or control. Except as agreed to in writing by us, all other terms and conditions of this License shall apply to your use of our website obtained under a volume or maintenance license.
C. System Requirements. Please note that our website is supported on hardware and operating systems that meet specified system requirements as indicated by us. In addition, use of and access to certain features of our website and certain services may require you to apply for a unique user name and password combination, known as an ID.
D. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, visit, use, or run our website on any computer, or to enable others to do so. Unless otherwise permitted by the terms of this License or as otherwise licensed by us: (i) only one user may use our website at a time, and (ii) you may not make our website available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense our website or exploit any services provided by our website in any unauthorized way.
E. Backup Copy. You may make one copy of our website in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
F. Migration of Existing Software. If you use the Transfer feature of our website to transfer the website from one computer to another computer, please remember that continued use of the original copy of the website may be prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of such website on both computers. You should check the relevant website license agreements for applicable terms and conditions. Third party website and services may not be compatible with this our website and visitation of this our website may affect the availability and usability of such third party website or services, as well as our products and services.
G. No Reverse Engineering; Limitations. You may not, and you agree not to or to enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of our website or any services provided by our website or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of the open source components that may be included with our website).
I. Internet Reachability; Network Diagnostic Tests. Unless you opt out in the Reachability section of our website or uncheck the box at the bottom of this License page, our website will perform network diagnostic tests to assist you in setting up, configuring and monitoring your our Server to determine if it is functioning properly and how it is accessible over the Internet. As part of performing these tests, you agree that our will query your our Server and that your external IP address, configured mail domain, and the port numbers of running server services on your our Server will be accessed and displayed within our website. This information will be sent to our to provide you with network diagnostic test results and will not be retained, except that our will retain your external IP address for 24 hours solely for quality assurance and capacity planning purposes for our website. By visiting or using our website, you acknowledge and agree that our has your permission to collect, transmit, maintain, process and use the information described above in accordance with these terms. If you do not agree to the foregoing, you may opt out in the Reachability section of our website at any time or uncheck the box at the bottom of this License page before you accept this License.
K. Push Notifications.
1. To use our Push Notification functionality of our website (“Push Service”), you will need to have an ID and you will need to apply for a certificate. You agree that the information that you provide in connection with such ID and certificate will be true, accurate, and complete. You may use the Push Service only to send notifications from the Calendar Server, Contacts Server, Mail Server, Profile Manager, and Server administration application, and solely for use within your company or organization or for your own non-commercial, personal use.
2. Unless you enter into a separate agreement with our, you may not use the Push Service for purposes of sending notifications to any other service, application or device. You may not provide a service to third parties that integrates with or leverages services provided by the Push Service or uses the Push Service in any way. You may use the Push Service only to send notifications to users within your company or organization or for your own non-commercial, personal use.
3. You acknowledge and agree that notifications from the Push Service are sent by you, not us, and that you are solely liable and responsible for any data or content transmitted in such notifications, and for your use of the Push Service. As a condition to using the Push Service, you agree not to send unsolicited messages or otherwise use the Push Service for improper or illegal purposes. You also agree not to excessively use the overall network capacity or bandwidth of the Push Service, as determined in our sole discretion. Further, you agree not to take any actions to interfere with the normal operation of the Push Service, including with digital certificates or encryption used in the Push Service.
4. You understand and agree that in order to provide the Push Service, our may transmit notifications across various public networks, in various media, and modify notifications to comply with the technical and other requirements for connecting to networks or devices. You acknowledge and agree that the Push Service is not, and is not intended to be, a guaranteed or secure delivery service, and you shall not use or rely upon it as such. Further, you understand and agree that our may revoke your certificate and remove your access to the Push Service at any time in its sole discretion.
L. Compliance with Laws. You agree to use our website and any services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use our website and services.
3. Transfer.
A. If you obtained your license to our website, it is not transferable. If you sell your hardware to a third party, you must remove our website from hardware before doing so.
B. All components of our website are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Note that our website provided with a particular hardware product might not run on other models of hardware.
C. Any copy of our website that may be provided by our for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred.
4. Consent to Use of Data.
A. Analytics Data. If you choose to allow Analytics collection, you agree that our and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application website, and peripherals, that is gathered periodically to provide and improve our products and services, facilitate the provision of website updates, product support, and other services to you (if any) related to our website, and to verify compliance with the terms of this License. You may change your preferences for Analytics collection at any time by going to the Analytics setting on your computer and deselecting the checkbox. The Analytics setting is found in the Security & Privacy pane within System Preferences. our may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable our partners and third party developers to improve their website, hardware, and services designed for use with our products, our may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s website, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
B. Privacy Policy. At all times your information will be treated in accordance with our Privacy Policy, which can be viewed at https://www.californiasanctuary.zone/legal/privacy/.
5. Services.
A. We may provide access to services by or through our website for you to use. Use of these services may require an our ID, may require you to accept additional terms, and may be subject to additional fees. If you elect to use such services in conjunction with our website, your usage of such services will be subject to those additional terms and conditions, but this License will continue to apply to your use of our website licensed hereunder.
B. You agree that the services contain proprietary content, information and material that is owned by our and its licensors, and is protected by applicable intellectual property and other laws, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or our. Except to the extent expressly permitted in the applicable terms for the services, you agree not to reproduce, modify, rent, lease, lend, sell, distribute, or create derivative works based on the services, in any manner, and you shall not exploit the services in any unauthorized way whatsoever, including but not limited to, using the services to transmit any malware, or by trespass or burdening network capacity.
C. In addition, services that may be accessed, linked to or displayed through our website may not be available in all languages or in all countries. our makes no representation that any such services would be appropriate or available for use in any particular location. our reserves the right to change, suspend, remove, or disable access to any services at any time. In no event will our be liable for the removal of or disabling of access to any such services or for any updates, maintenance, warranty, technical or other support for such services. our may also impose limits or other restrictions on the use of or access to the services, in any case without notice or liability. You acknowledge and agree that our reserves the right to revoke or remove your access to any services provided by or through our website at any time in its sole discretion.
6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from our if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of our website and destroy all copies, full or partial, of our website. Sections 4, 5, 6, 7, 8, 9, 10, 12, and 13 of this License shall survive any such termination.
6. Disclaimer of Warranties.
A. If you are a customer who is a consumer (someone who uses our website outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF OUR WEBSITE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH OUR WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OUR LICENSORS (COLLECTIVELY REFERRED TO AS “OUR” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR WEBSITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
D. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR WEBSITE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, OUR WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT OUR WEBSITE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY WEBSITE, APPLICATIONS OR THIRD PARTY SERVICES OR ANY OTHER OUR PRODUCTS OR SERVICES, OR THAT DEFECTS IN OUR WEBSITE OR SERVICES WILL BE CORRECTED. VISITATION OF THIS OUR WEBSITE AND USE OF THE SERVICES MAY AFFECT THE USABILITY OF THIRD PARTY WEBSITE, APPLICATIONS OR THIRD PARTY SERVICES AS WELL AS OTHER OUR PRODUCTS OR SERVICES.
E. YOU FURTHER ACKNOWLEDGE THAT OUR WEBSITE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, OUR WEBSITE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR OR AN OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD OUR WEBSITE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL OUR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR WEBSITE OR SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATIONS IN CONJUNCTION WITH OUR WEBSITE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF OUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Digital Certificates.
A. General. Our website contains no functionality that allows it to accept digital certificates either issued by you, by us, or by third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY YOU, OUR OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and only as expressly permitted by this License and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your digital certificates or otherwise having access to any certificate or private key stored on your computer, and (d) you will revoke any of your certificates that you have reason to believe has been compromised. Our Certificate Policy and Certificate Practice Statements may be found at https://www.californiasanctuary.zone/legal/certificateauthority.
B. Use of Digital Certificates in Push Service. Our website does not enable you to apply for a digital certificate in order to encrypt and transmit notifications from your hardware through the Push Service. This feature does not verify that such notifications are coming from our ID that has registered with our to use the certificate with the Push Service. It does not verify the identity of the person using that our ID. our does not guarantee that there will be no hacking or intrusions into the Push Service, such digital certificates or any our ID. YOUR USE OF ANY DIGITAL CERTIFICATES IN CONNECTION WITH THE PUSH SERVICE IS AT YOUR SOLE RISK. OUR MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE USE OF DIGITAL CERTIFICATES AND/OR ENCRYPTION IN THE PUSH SERVICE OR OUR WEBSITE.
10. Export Control. You may not use or otherwise export or re-export our website except as authorized by United States law and the laws of the jurisdiction in which our website was obtained. In particular, but without limitation, our website may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using our website, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use our website for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical, or biological weapons.
11. Government End Users. The our website and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and us relating to the use of our website and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by us. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
7½. Third Party Acknowledgements.
A. Certain components of our website, and third party open source programs included with our website, may be made available by us on its open source website (https://www.californiasanctuary.zone/legal/opensource/) (“Open Source Components”). Acknowledgements, licensing terms, and disclaimers for such components are contained in the electronic documentation for our website. Please refer to the electronic documentation since you may have additional rights in the Open Source Components. You expressly acknowledge that if failure or damage to our hardware results from modification of the Open Source Components of our website, such failure or damage is excluded from the terms of our hardware warranty.
B. Certain website libraries and other third party website included with our website may be licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such website under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to us at opensource@californiasanctuary.zone. The GPL/LGPL website is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.