Legal

General Terms, Conditions and License Agreement

April 26, 2016

I. Definitions

Whether appearing in upper or lower case:

  • “Agreement” shall mean these General Terms, Conditions and License Agreement
  • “I”, “me”, “my”, “mine” and “myself”, “we”, “us”,  “ours”, “Website Owner” shall mean “Arcadiy Ivanov” or “those of Arcadiy Ivanov”, where appropriate;
  • “this website” or “here” shall mean “ivanov.biz and/or any subdomains thereof”;
  • “posted” shall mean “residing or made to reside in the database or the file system of the hosting provider of this website and made available to the general public through this website”;
  • “content” shall include but is not limited to text, video and/or audio recordings, software source code, software hypertext,  engineering schematics and/or diagrams, software binary machine code and/or virtual machine byte code, or any fragment thereof, as well as business, technical and/or scientific ideas contained therein;
  • “you”, “your”, “yours” shall mean “a person (natural, juristic and/or agent of a juristic person) accessing and/or using the content posted on this website”;
  • “third-party” any person other than you and me.

II. Introduction

The terms of this Agreement govern your access to and the use of the content posted on this website. By continuing to access and/or use the content posted on this website you acknowledge that you understand and accept the terms of this Agreement in their entirety.

III. Personal Views Disclaimer and Third Party Content

Unless an explicit statement declaring otherwise accompanies a specific portion of the content posted on this website, the following applies to the content posted on this website:

  1. The views and opinions expressed on this website by me are mine alone and are entirely independent of the views and opinions of any and all my employers, past or present.
  2. I am not authorized to speak on behalf of any person, whether natural or juristic, except myself.
  3. Views and opinions expressed in the content posted by third parties on this website are independent of and may not agree with my own views and opinions.
  4. While I maintain total and absolute editorial control of the content posted by third parties on this website, the fact that a third-party content is available on my website does not constitute  my endorsement thereof.

IV. Copyright Notice and Licensing

  1. Unless an explicit statement declaring otherwise accompanies a specific portion of the content posted on this website, all content posted on this website by me is created by me and I am the sole owner of and a copyright holder on said content.
  2. You understand, acknowledge and agree to grant me a non-exclusive, perpetual, royalty-free, worldwide, sublicenseable and transferable license to copy, distribute, sell, rent, lease, edit, modify, display, perform, publish, print, transfer, prepare derivative works of or otherwise use any content posted by you on this website.
  3. You are further prohibited from copying and/or distributing (including but not limited to selling, leasing, renting or giving away free of charge, publishing, printing, displaying, performing or transferring) or otherwise making available to third parties the content posted on this website without my explicit written permission and/or license, with the following exceptions:
    1. You operate an Internet search engine and copy, distribute or otherwise make available the content posted on this website for the purposes of indexing this website and displaying its content within the search results, in response to a query by a user of the search engine you operate.
    2. You copy, distribute or otherwise make available to third parties free of charge the content posted on this website pursuant to Reprint Permission of this Agreement.
    3. Your use of content posted on this website is in compliance with fair use doctrine under the laws of the United States.
  4. You are hereby granted a non-exclusive, perpetual, worldwide, non-transferable, non-sublicenseable license to access and use the content posted on this website for personal, educational and non-commercial purposes only.

V. Reprint Permission

You are hereby granted permission, free of charge, to reprint any content posted on this website, provided that:

  1. If the content is reprinted via Internet or via any other electronic media supporting hypertext links:
    1. The following is prominently displayed and immediately precedes or follows the content being reprinted:
      1. The name, an authorship attribution and the hypertext link (e.g. HTML/XHTML anchor link) to the home page of this website, e.g. “written by <a href=”https://ivanov.biz”>Arcadiy Ivanov</a>”
      2. The hypertext link (e.g. HTML/XHTML anchor link) to the original location of the article on this website and the date of posting, e.g. “originally <a href=”https://ivanov.biz/2011/welcome”>posted</a> on April 24th, 2011″.
    2. You agree not to obstruct, hinder or otherwise prevent Internet search engines from indexing the hypertext links required by Reprint Permission (1)(1)(1) and (1)(1)(2).
  2. If the content is reprinted via typographical print, or via other media that does not support hypertext links:
    1. The following is prominently displayed and immediately precedes or follows the content being reprinted:
      1. The name, an authorship attribution and the text representation of the hypertext link to the home page of this website, e.g. “written by Arcadiy Ivanov (https://ivanov.biz)”
      2. The text representation of the hypertext link to the original location of the article on this website and the date of posting, e.g.  “originally posted at https://ivanov.biz/2011/welcome on April 24th, 2011”.

VI. Warranty

Unless required by applicable law or agreed to in writing, I provide the content posted on this website on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the content posted on this website and assume any risks associated with your exercise of permissions under this Agreement.

VII. Disclaimer of Liability

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall I be liable to you for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising out of the use or inability to use the content posted on this website (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if I have been advised of the possibility of such damages.

VIII. Changes

  1. I reserve the right to modify this Agreement at any time, for any reason or no reason at all, including adding, modifying and/or removing terms or conditions from this agreement.
  2. Any modification, addition and/or removal of terms and conditions become effective immediately and are incorporated into this Agreement.
  3. You accept and agree that I am not required and am not expected to notify you of the time, nature or the fact that the Agreement has changed or is about to change.
  4. Your continued access to and the use of the content posted on this website constitutes and is deemed as your agreement with and the acceptance of this Agreement in its entirety.

IX. Miscellaneous

  1. If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  2. All your rights under this Agreement shall terminate if you fail to comply with any of the material terms or conditions of this Agreement and do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all your rights under this Agreement terminate, you agree to cease access and use of the content posted on this website as soon as reasonably practicable. However, your obligations under this Agreement and any licenses granted by you relating to the content posted on this website shall continue and survive.
  3. This Agreement is governed by the laws of the State of Massachusetts and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.

END OF General Terms, Conditions and License Agreement

Portions of this Agreement are derived from Apache License, Version 2.0 and Eclipse Public License, Version 1.0