WELCOME TO OPENNEBULA SYSTEMS (“ONE”). PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE FOLLOWING WEB SITES CREATED AND OPERATED BY ONE: OPENNEBULA.PRO.
BY ACCESSING OR USING THIS WEB SITE, INCLUDING DOWNLOADING MATERIALS, INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THIS WEB SITE.
Terms to Portal Contents
OpenNebula is a trademark in the European Union and in the United States. You are not permitted to use the Marks and logos without the prior written consent of ONE. Other product or company names mentioned may be trademarks or trade names of their respective companies.
Through this Enterprise Portal, ONE provides you — as an OpenNebula customer —with access to a variety of software, services, web pages, text, documents, and other works of authorship, images, graphics, audio and video content, forums, discussion groups, blogs, and other content. All materials included on this web site are the intellectual property of ONE unless otherwise noted or attributed. The Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
You may download, view, email, copy and print documents and graphics incorporated in the documents from this Web site subject to the following: (1) the documents may be used solely for personal, informational, non-commercial purposes; and (2) the documents may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the prior written permission of ONE.
Software and accompanying documentation from this Web site may require an applicable software license. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
ONE may contain information that is designated as "confidential," and you agree not to disclose such information without ONEs prior written consent. ONE will retain in confidence all information and know-how transmitted by the Customer during each Subscription Term, and for a period of five (5) years beyond the Term, that is clearly designated as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought reasonably to be treated as proprietary and/or confidential, and will make no use of such information and know-how except to further the purposes set forth in this Agreement. Services, Commercial Software, and Upgrades thereof are the confidential information of ONE.
ONE respects your privacy. We do not collect personally identifiable information about you unless you voluntarily provide it, such as when you provide email contact information to subscribe to any of the mailing lists, complete a form, or register to any of the password protected parts of the Site. If you voluntarily provide your email address or other contact information, we might also use it to inform you of changes to ONE and its services, to survey you about your use or opinion of ONE technologies and services, or to ask for your support. We will handle the data in accordance with the Data Protection legislation. At your request, we will remove your contact information from our files. We do not make your contact information or any other personally identifiable information available to anyone outside ONE.
In addition to the above, we collect certain anonymous (non-personally identifiable) information to help us improve the ONE web site and to evaluate the access and use of ONE software and materials and the impact of ONE on the cloud computing community. When we report information about ONE access, use, and impact, we report aggregate, non-personally identifiable data. Occasionally, we report quoted feedback from customers and partners. We do not attribute feedback to specific individuals unless we obtain permission to use that person's name along with the feedback.
If you enter into an Agreement with us as a result of which you are given a password to use the password protected parts of the Site, we will ask you to provide us with certain up to date data about yourself which we will handle in accordance with the Data Protection legislation. The terms of the Agreement define the level of confidentiality of the exchanged information and material.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
- If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing email@example.com.
- In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing firstname.lastname@example.org.
- You have the right to opt-out of communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the emails we send you. To opt-out of other forms of communications, please contact us by emailing email@example.com.
- Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
- We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
In compliance with the Personal Data Protection Regulations and thus, in accordance with the Organic Law 15/1999, dated 13th December 1999, on the Protection of Personal Data (LOPD), we inform you that the contact details provided through any email or online form shall be included in a file owned by ONE for the purpose of maintaining the communications via e-mail as a part of its own activity. Notwithstanding the aforementioned, you are acknowledged to have and may exercise the rights of access, cancellation, rectification and opposition, in the terms and conditions stated in the LOPD, by writing to the following address: OpenNebula Systems, S.L., Paseo del Club Deportivo 1 (Edificio 13), Parque Empresarial La Finca, 28223 Pozuelo de Alarcón, Madrid (Spain), or through email at firstname.lastname@example.org.
ONE reserves the right to make changes or updates to this web site or the products or programs described in this web site at any time without notice. Information on this Web site may contain typographical errors or technical inaccuracies.
Links to Third Party Sites
This Web site may provide links to third-party Web sites for your convenience and information. ONE does not endorse or make any representations about third party Web sites, nor does the inclusion of any link imply any such endorsement. If you access those links, you will leave this Web site.
Disclaimer of Warranties
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL ONE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are located in US, then you are contracting with OpenNebula Systems USA, LLC and these Terms are governed by the laws of the Commonwealth of Massachusetts, U.S.A. without reference to conflicts of law principles. For contracts with OpenNebula Systems USA, LLC both parties consent to the exclusive jurisdiction and venue of courts in Boston, Massachusetts, U.S.A. for all disputes arising out of or relating to the use of Services. If you are not located in US, then you are contracting with OpenNebula Systems SL and this Agreement is governed by Spanish Law. Any dispute related to it will be resolved by the Courts and Tribunals of the city of Madrid. In no event shall either the United Nations Convention on Contracts for the International Sale of Goods or any adopted version of the Uniform Computer Information Transactions Act (or equivalent legislation) apply to, or govern, the Agreement. The parties shall comply at their own expense with all relevant and applicable laws related to the subject matter of the Agreement.
ONE welcomes your comments regarding these Conditions and Terms. If you believe that ONE has not adhered to this Statement, please contact ONE at email@example.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.