RSS Terms and Conditions
Micro Focus RSS License Agreement (“Agreement”)
BY DOWNLOADING AN RSS FEED FROM MICRO FOCUS LIMITED ("FEED"), YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE FEED.
MICRO FOCUS LIMITED ("Micro Focus") may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion, by posting a notice or a new agreement on its website. Your continued use of the Feed following its posting of a notice or new agreement on its website will constitute binding acceptance of the change.
1. LICENSE GRANT.
1.1 Subject to the terms of this Agreement, MICRO FOCUS hereby grants you, during the Term, a revocable, non-transferable, non-sublicensable, royalty-free, nonexclusive license to display on your website ("Site") the headlines, active links, other source identifiers and other information or materials that you specifically select to receive from MICRO FOCUS (“Micro Focus Content”) through the Feed.
1.2 MICRO FOCUS may restrict, suspend or terminate your access to any aspect or all of the Feed at any time without liability. MICRO FOCUS reserves the right to modify the Micro Focus Content and Feed at any time within MICRO FOCUS’ sole discretion. You acknowledge that the Micro Focus Content and Feed availability are subject to change at MICRO FOCUS’ sole discretion.
2. RESERVATION OF RIGHTS.
2.1 Ownership, copyright and all other intellectual property rights in the Micro Focus Content and Feed are owned by MICRO FOCUS and its licensors. The names, images and logos identifying MICRO FOCUS or third parties and their products and services, are proprietary marks of MICRO FOCUS, and/or may be the proprietary marks of third parties. Any use made of these marks without obtaining prior permission may be an infringement of rights in those marks and MICRO FOCUS reserves all rights to enforce such rights.In addition, all additional programming or technology provided by MICRO FOCUS in connection with the delivery of the Micro Focus Content and Feed or otherwise shall remain the sole property of MICRO FOCUS or its suppliers and no part thereof shall be deemed assigned or licensed to you. MICRO FOCUS shall retain all rights to the Micro Focus Content and Feed not expressly granted to you under Section 1 of this Agreement.
3. RESTRICTIONS.
3.1 You are permitted to download and print the Micro Focus Content from the Feed only for your own personal use.
3.2 You are not entitled to use the Micro Focus Content for commercial exploitation in any circumstances.
3.3 You may not, directly or indirectly:
(a) sell, modify, translate, copy, publish, transmit, distribute or otherwise disseminate or deal with the Micro Focus Content or Feed or any portion thereof; or delete or fail to display any promotional taglines included in the Micro Focus Content or Feed; or reproduce, link, frame, or deep link it in any other feed without the express written permission of MICRO FOCUS
(b) rent, lease, or otherwise transfer rights to the Micro Focus Content or Feed;
(c) display the name, logo, trademark or other identifier of another person (except for MICRO FOCUS or you) on your Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Micro Focus Content or Feed on the Site;
(d) remove, conceal or obliterate any copyright or other proprietary notice or source identifier included in the Micro Focus Content or the Feed, including without limitation, the size, colour, location or style of MICRO FOCUS’ marks;
(e) encumber or suffer to exist any lien or security interest on the subject matter of this Agreement;
(f) make any representation or warranty on behalf of MICRO FOCUS; or
(g) use the Feed or Micro Focus Content on :
1. Sites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour
2. Sites that promote, encourage or facilitate violence
3. Sites that promote, encourage or facilitate terrorism or other activities that risk UK national security
4. Sites that discriminate against any specific social group or otherwise exploit vulnerable sections of society
5. Sites that promote, facilitate or encourage illegal activity
6. Sites which are obscene, libellous, misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable Micro Focus Content under UK law
7. Sites which infringe individual privacy
3.4 You agree to:
(a) display the Feed on your Site in the exact form received by you, and not modify or edit any of the foregoing without MICRO FOCUS’ prior written consent;
(b) ensure that the fundamental meaning of the Content or Feed is not changed or distorted;
(c) comply with all applicable laws and all limitations and restrictions (if any) placed by MICRO FOCUS on the use or display of any Feed;
(d) give MICRO FOCUS complete and accurate registration information for this Agreement when requested to do so; and
(e) not archive any of the Micro Focus Content or Feed for access by users at any future date after the Feed has been removed from the your Web site.
3.5 You acknowledge that the Feed must link and redirect to the appropriate MICRO FOCUS web page when a user clicks on the Feed (e.g. a headline). You shall not display the Feed in such a manner that does not allow for successful linking and redirection to, and delivery of, MICRO FOCUS’ web page, nor may you frame any MICRO FOCUS web page. You must always stipulate that the Feed is supplied by Micro Focus and is protected by copyright and owned by Micro Focus or its suppliers.
3.6 Any fraudulent, abusive, or otherwise illegal activity by you will be grounds for termination of this Agreement by Micro Focus. You will not attempt to hide your identity, represent yourself as someone else, compromise or attempt to compromise the security of any account, or interfere or attempt to interfere with the proper working of Feeds. If you use, or attempt to use, any Feed beyond the scope of the license granted in this Agreement, or beyond the scope expressly granted by MICRO FOCUS, or attempt to, tamper, hack, spoof, use robots or scripts, copy, distribute, modify, or otherwise corrupt the administration, security, or proper function of any part of the Feed, then, in addition to termination of this Agreement, you may be subject to appropriate legal and equitable action.
4. Warranty Disclaimer & Limitation of Liability
4.1 You warrant to MICRO FOCUS that:
(a) you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;
(b) the Site will contain no material which is libellous, defamatory, pornographic, obscene or which brings MICRO FOCUS into disrepute, or which is in breach of any third party intellectual property rights; and
(c) users of the Site shall be required to comply with terms that are equivalent to this Agreement in relation to their use of Micro Focus Content.
4.2 The Feed is made available by MICRO FOCUS on an "as is" and "as available" basis and MICRO FOCUS gives no warranty of any kind in relation to the Feed, the Micro Focus Content, or any Micro Focus Content on the MICRO FOCUS website. To the maximum extent permitted by law, MICRO FOCUS disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the Micro Focus Content, the Feed and the MICRO FOCUS website and any Micro Focus Content thereon.
4.3 To the maximum extent permitted by law MICRO FOCUS excludes all liability to you for any loss or damage howsoever arising out of or in connection with this agreement, including but not limited to any liability arising in relation to the Feed, the MICRO FOCUS Content or any MICRO FOCUS content on the MICRO FOCUS website, any virus or other contamination, unavailability of MICRO FOCUS Content, orany indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, data or goodwill, work stoppage, accuracy of the Feed or feeds, MICRO FOCUS Content or results, computer failure or malfunction.
4.4 Each provision of this Clause 4 operates separately in itself and survives independently of the others.
5. Indemnity
5.1 You hereby agree to indemnify, hold harmless and defend the MICRO FOCUS in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of this Agreement or otherwise in connection with your use of the Feed (including the Micro Focus Content).
5.2 You hereby agree to fully indemnify, defend and hold MICRO FOCUS and the MICRO FOCUS group of companies (collectively, the "Micro Focus Group") harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees and court costs) incurred by you in connection with: (i) any use or alleged use of the MICRO FOCUS Content or Feed through your account by any person, whether or not authorized by you; or (ii) your Site or (iii) any breach by you of Sections 1-5. MICRO FOCUS reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MICRO FOCUS’ defence of such claim.
6. Termination
6.1 You may terminate this Agreement and the licence granted herein at any time by destroying or removing all copies of the Feed and the Micro Focus Content from your Site, all hard drives, networks and other storage media.
6.2 MICRO FOCUS may restrict, suspend or terminate the Feed, this Agreement, the licence granted herein or your access to the Feed at any time without liability. You agree to destroy all copies of the Feed (including the Micro Focus Content) upon receiving notice of termination from the MICRO FOCUS.
6.3 Upon termination, if requested to do so by Micro Focus, you will provide a certificate signed by you or, in the case of a company, a director of the company, that all copies of the Feed and Micro Focus Content have been removed or destroyed.
6.4 Termination will be without prejudice to any other rights or remedies available to the terminating party. Section 4, 5 and 7 shall survive termination of this Agreement.
7. General
7.1 You may not assign, charge, sublicense or otherwise deal with your rights or obligations under this Agreement in whole or in part to any third party. Micro Focus may assign this Agreement, the Feed or the Micro Focus Content at any time to a member of the Micro Focus Group or to a third party purchaser.
7.2 This Agreement is the entire agreement between the parties and supersedes all prior agreements, arrangements, representations and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable.
7.3 Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.
7.4 Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or for any delay in the performance thereof, due to causes beyond its control, including without limitation industrial disputes of whatever nature, acts of God, acts of government, failure of telecommunications, fire or other casualty. MICRO FOCUS is not responsible for any costs or liability associated with making a connection (by any means) to the Internet, the Feed or other online feed, or network. You certify you are legally permitted to use the Feed and access the Micro Focus Content and, if you are an individual, you are over 18 years of age. You take full responsibility for the selection and use of the Feeds and access of the Micro Focus Content.
7.5 Nothing in this Agreement will be deemed to limit or restrict MICRO FOCUS from entering into agreements with any other person concerning the Feed or Micro Focus Content or from offering such similar feeds or content directly or indirectly. The parties hereto are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on its behalf and you shall not make any statement, on your site or otherwise, that conflicts with this Agreement.
7.6 This Agreement shall be governed by, construed and take effect in accordance with English law and will be subject to the exclusive jurisdiction of the English courts.
