KERBRUS LLC
Terms of Use
These terms cover kerbrus.com, the Kerbrus documentation site, and the customer portal. They are between you and Kerbrus LLC, a limited liability company.
You accept them by using any of those. If you do not accept them, do not use them.
1. WHAT THESE TERMS DO NOT COVER
This is a short document because most of what matters is covered somewhere else, and pointing at the right document is more useful than repeating it.
- The Software
- The End User License Agreement. Installing or using Kerbrus Flow Collector is governed by that agreement, not by these terms, and downloading it from here grants you no licence these terms could give.
- Personal information
- The Privacy Policy.
- Cancellation and refunds
- The Refund and Cancellation Policy.
- Buying
- Our payment provider is the merchant of record and the seller for your purchase. Its terms apply to the transaction alongside ours.
Where one of those and these terms disagree about their own subject, the other document governs.
2. YOUR ACCOUNT
You may open an account if you can form a binding contract and are not barred from doing so under applicable law. Give accurate details and keep them current.
You are responsible for what happens under your account and for keeping its credentials secure. Tell us at [email protected] if you believe someone else has used it.
We may suspend or close an account that is being used to breach section 4, or where we are required to. You may close yours at any time by asking.
3. DOWNLOADS
Builds available from the portal are made available to you for your own use under the End User License Agreement. Do not redistribute them, mirror them, or make them available to anyone else, and do not share the credentials that reach them.
A build we have withdrawn is withdrawn for a reason. We may stop offering any particular version.
4. USING THE SITE
Use the site and the portal for what they are for. Do not:
- attack, overload, probe or interfere with them, or try to reach any part you have not been given access to;
- use an automated process to copy the site or the documentation in bulk;
- impersonate anyone, or misrepresent who you are acting for; or
- use them to break the law.
Reporting a security vulnerability is not a breach of this section. Report it to [email protected].
If a third party brings a claim against us because of something you did in breach of this section, that is yours to defend and pay for.
5. OUR CONTENT
The site, the portal and the documentation, and the text, images and design in them, belong to Kerbrus or its licensors. The Kerbrus and Kerbrus Flow Collector names and logos are ours.
You may read, print and quote reasonable extracts of the documentation for your own use of the Software, keeping any attribution on them. Everything else needs our permission.
6. THE DOCUMENTATION MAY BE WRONG
We publish the documentation to be useful, not to be relied on as a warranty. A page may be out of date, may describe a version other than yours, and may simply be mistaken. Where the documentation and the Software disagree, the Software is what you have.
The site, the portal and the documentation are provided "as is" and "as available", with no warranty of any kind. We do not promise the site will be available, uninterrupted or error free.
This section says nothing about the Software itself. Section 14 of the End User License Agreement does, and it is a real warranty.
7. LIABILITY
To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, or for lost profits, lost revenue or lost data, arising from your use of the site, the portal or the documentation.
To the maximum extent permitted by law, our total liability arising from these terms will not exceed one hundred United States dollars (US$100).
These limits do not apply to liability for fraud, for death or personal injury caused by our negligence, or to anything that cannot lawfully be limited. Nothing here limits our obligations under the End User License Agreement, which has its own limits and its own indemnity.
8. CHANGES
We may change the site, the portal and these terms. A change to these terms applies from the day we post it, and the version date above tells you when that was. If you keep using the site after that, you have accepted the change.
We may add, change or withdraw parts of the site or the portal at any time.
9. GENERAL
These terms are governed by the laws of the State of Minnesota, without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the state courts sitting in Hennepin County, Minnesota and the United States District Court for the District of Minnesota.
If a provision is unenforceable, it is limited to the minimum extent necessary and the rest stands. A failure to enforce a provision is not a waiver of it.
These terms, together with the documents named in section 1, are the entire agreement about their subject.
Questions and notices: [email protected].
END OF TERMS