CRAY.COM WEBSITE TERMS OF SERVICE
Last revised: January 4, 2017
Cray reserves the right, in its sole discretion, to change these Terms of Service ("Updated Terms") from time to time. You agree that Cray may notify you of the Updated Terms by posting them on the Site. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
Your Use of the Site
During the term of this agreement, Cray grants you a limited, non-exclusive, non-transferable license to access the Site for your own use in accordance with the Terms of Service.
The design, trademarks, service marks, and logos of the Site ("Marks"), are owned by or licensed to Cray, subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Cray reserves all rights not expressly granted in and to the Site. You agree not to engage in the use, copying, or distribution of any of the Site other than expressly permitted.
You may not engage in any of the following prohibited activities when you visit or use the Site:
- copying, distributing, or disclosing any part of the Site except by using means expressly provided by the Site for that purpose (such as downloading a white paper), or otherwise in reasonably small amounts for your own non-commercial works where you give reasonable credit of the information having come from this Site;
- attempting to interfere with or compromise the Site’s system integrity or security;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or
- bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Cray cares about the integrity and security of your personally identifiable information and will take commercially reasonable efforts to protect that information’s integrity and security. However, Cray cannot guarantee that unauthorized third parties will never be able to defeat the Site's security measures or use for improper purposes any personally identifiable information you provide to us. You acknowledge that you provide your personally identifiable information at your own risk.
Third Party Content and Links
The Site may contain links to third-party websites or resources. You acknowledge and agree that Cray is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Cray of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Through the Site, you may have the ability to access and/or use content provided by third parties. Cray cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. Cray disclaims any responsibility or liability related to your access or use of any third party content.
Cray respects the intellectual property rights of others and expects users of the Site to do the same. We will reasonably respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please contact our webmaster at [email protected] with detailed information regarding your concerns.
The Cray name and logo, as well as Cray’s brands and product names, are trademarks of Cray. You agree to respect Cray’s trademark rights and not use these trademarks in any fashion that is contrary to Cray’s reasonable rights.
Either party may terminate this agreement at any time by notifying the other party. Cray may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason. Upon termination, your right to use or access the Site will immediately cease. This agreement's provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Cray or any third party.
The Site is provided "as is," without any warranties of any kind. To the fullest extent permissible under applicable law, Cray disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
Limitation of Liability
To the fullest extent permitted by applicable law in no event shall Cray be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.
This agreement will be governed by and construed in accordance with the laws of the State of Washington USA, without regard to its conflict of laws rules.
We welcome any comment, question and communication. Further, if you become aware of misleading or otherwise inappropriate information on our Site, please bring it to our attention, as we will make a reasonable effort to investigate the concern and correct or remove the information if appropriate. All such comments and concerns should be addressed to [email protected].