Download Policy

Micro Focus and Borland Community Upload and Download Policy

This Micro Focus and Borland Community site ("Community Site") is operated by Micro Focus International plc and its subsidiaries ("Micro Focus", "we", "us" or "our") strictly in accordance with this Upload and Download Policy ("Policy"). By using the Community Site you accept this Policy and agree to abide by it.

We reserve the right in our sole discretion to amend or otherwise update this Policy at any time without notice. Your continued use of the Community Site shall mean you agree to be bound by this Policy as amended or otherwise updated.

Content of the Community Site

The documents and content on the Community Site ("Content") are either:

  • uploaded by visitors to the Community Site who – by the process of uploading to the Community Site – give their permission to us and other users of the Community Site to use the Content as uploaded by them on the Community Site; or
  • taken from the internet and is used appropriately according to and subject to its license.

Accessing the Community Site

Access to the Community Site shall be subject to this Policy, our Community Terms of Use and our Privacy Statement. Where any conflict between these documents occur, this Policy shall prevail.

You may not use a false identity or email address, impersonate any person or entity, or otherwise misrepresent the origin of any Content which you upload to the Community Site. If you breach this provision we reserve the right to publicly announce your actions, to remove, correct or supplement any of your Content and/or to terminate your access to the Community Site in our discretion, without prejudice to any other rights or remedies available to us.

As a user of the Community Site you will choose an individual user name and password which will allow you to access, upload and download Content.

You are responsible for maintaining the confidentiality of your user name and password and you are solely responsible for all Content which appears on the Community Site which has been uploaded or downloaded using your user name and password and for any breach of this Policy as a result of actions under your user name and password.  You should ensure that you exit from your account at the end of each session. You must promptly notify us of any unauthorised use of your user name and password as soon as you become aware of it.


Uploading of Content

General

You are solely responsible for all elements of any Content which you may upload to the Community Site including its accuracy, ownership, and legality.

We have the right, but not the obligation, to monitor or otherwise review all Content and communications between users for compliance with the terms of this Policy. The factors determining whether Content breaches this Policy may be subjective, and so we have the right to determine in our sole discretion whether your Content adheres to this Policy.

We reserve the right to remove/not publish any Content deemed unsuitable without warning or prior notification.

Conduct

By uploading Content, you indicate you agree to this Policy including the following criteria:

  • Don’t upload anything that isn’t yours
    This includes other people’s documents and/or materials you have collected from around the Internet, unless such content is used appropriately according to its licence. You are responsible for the Content. Any Content uploaded by you must not infringe the intellectual property rights, contractual rights or any other right of any third party as set out in more detail below.  If you have any doubt, don’t upload it.
  • Don’t upload Content that is illegal, offensive or prohibited
     If we find you uploading any Content that is illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise reasonably determined by us to be objectionable or injurious to any third parties,      your uploads will be deleted and we will take appropriate action, which may include reporting you to the authorities.
  • Don’t use the upload functionality to host web graphics like logos and banners
    Your Content will be deleted if we find you using the Community Site to      host graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges, and other non-photographic elements on external web      sites.
  • Don’t use the Community Site for commercial or advertising purposes
    You shall not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political or social campaigning, commercial solicitation, mass mailings, "junk mail", "spam", "chain letters", "pyramid schemes" or other such solicitations. If your Content is in any way connected with commercial or advertising purposes we will remove your uploads without warning.
  • Don't impersonate any other user or potential user
    You shall not impersonate any person or entity, including but not limited to a Micro Focus official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Take care to ensure your Content is safe
    You shall not upload, post or e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, including but not limited to those of the Community Site.

Intellectual property rights

You acknowledge that your Content will be available to Micro Focus and other users of the Community Site, and that you are responsible for evaluating and bearing all risks associated with this public availability of your Content.

We shall have no obligation for registering any intellectual property rights in any Content with any registry or office in any jurisdiction which such registration is permissible.

You represent and warrant to us that (i) you hold all rights in and to all elements of the Content necessary or desirable to grant to us and other users of the Community Site the rights granted by you in this Policy and you agree to provide us documentation evidencing the same upon request, (ii) no third party holds any rights, title or interest in or to any element of the Content that would prohibit or impair our ability to exercise fully the rights granted by you in this Policy, and (iii) there is no pending or threatened claim, action, or proceeding related to any of the intellectual property rights in, to or in respect of any element of your Content and so far as you are aware there is no basis for any such claim, action, or proceeding.

You retain all intellectual property rights in, to or in respect of all elements of your Content, subject to the grant by you to us and other users of the Community Site of a non-exclusive, transferable, worldwide, royalty-free right and licence to use, reproduce and distribute the Content.  Although we will use our reasonable endeavors, we do not make any representation or warranty that any users of the Community Site will adhere to any restrictions or end user agreement relating to the Content or use of the Community Site, including compliance with this Policy.

You hereby agree to defend, indemnify and hold harmless Micro Focus and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, from and against any and all claims, actions, demands, liabilities, obligations, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal costs) (any or all of the foregoing being “Losses”) suffered or incurred by any of them insofar as such Losses (or actions in respect thereof) arise out of or are connected with any claim that any element of your Content infringes the intellectual property rights of any third party or any other third party claim related to any element of your Content.

Downloading of Content

Disclaimers

To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, merchantability, fitness for a particular purpose and non-infringement in relation to the Content whether uploaded by us or any other user of the Community Site. We make no warranty that the quality of any Content, products or services provided to you through the Community Site will meet your expectations, or that defects, if any, will be corrected.

We make no representation that the operation of the Community Site will be uninterrupted, secure or error free, and we will not be liable for the consequences of any interruptions or errors. Any and all Content and access to the Community Site is provided on an “as is” and “as available” basis.

We shall have no responsibility for any damages suffered by you in connection with the Content of use of the Community Site including but not limited to loss of data, non-deliveries or mis-deliveries of Content or email, errors, system downtime, network or system outages, file corruption, service interruptions caused by our negligence or the negligence of any other user of the Community Site, or problems arising as a result of data or software distributed by, downloaded or accessed from or through the Community Site.

We do not control, test or specifically monitor the Content posted or distributed, by any users of the Community Site, on or through the Community Site and so we assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any Content distributed or made available by any users through the Community Site.

Intellectual property rights

The Content, including the software and accompanying documentation that are made available for download from the Community Site, are the copyrighted work of Micro Focus and/or its relevant users of the Community Site. Use of the Content is governed by the terms of the applicable end user license agreement, if any, which accompanies or is included with such Content. You will not be able to download or install any Content that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to these terms, you are not authorised to use the Content.

Export controls

Content available on or through the Community Site is subject to United States export controls. No Content available from the Community Site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.

By downloading or using Content from the Community Site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. You may not access, download, use or export the information, software, products or services contained on the Community Site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations. With respect to any acquisition of any product or publication (together referred to as "Product") by or for any unit or agency of the United States Government (the "Government"), the Product shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). The Product was developed entirely at private expense, and no part of the Product was first produced in the performance of a Government contract. If the Product is supplied for use by the DoD, the Product is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 begin_of_the_skype_highlighting 252-227-7013 end_of_the_skype_highlighting (c)(1)(ii)(OCT 1988), as applicable. If the Product is supplied for use by a Federal agency other than the DoD, the Product is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable.

Definition of intellectual property rights

Throughout this Policy “intellectual property rights” means all and/or any intellectual property rights of whatever nature and howsoever arising including without limitation all and/or any inventions, patents, trade marks, service marks, registered designs, topography rights and utility models, pending applications for any of those rights, trade and business names, domain names, unregistered trade marks and service marks, rights in designs, copyrights and rights in the nature of copyright, moral rights, know-how, all rights in computer software (including without limitation database rights) and all other similar or equivalent industrial, intellectual or commercial rights or property subsisting under the laws of each and every jurisdiction throughout the world whether registered or not, and whether vested, contingent or future and all reversions, renewals and extensions of any of the foregoing, and all rights under licences, consents, orders, statutes or otherwise in relation to any of the foregoing.

Limitation of liability

Any limitation of liability set out in this Policy shall not apply so as to restrict any party’s liability for death or personal injury resulting from such party’s negligence or any liability arising from fraudulent misrepresentation.

Under no circumstances shall we or any of our officers, employees, directors or agents, be liable for any indirect, incidental, special, consequential or exemplary losses or damages of any nature whatsoever.

Under no circumstances shall we or any of our officers, employees, directors or agents, be liable for any direct losses including loss of use, profits, goodwill, or data (even if we have been advised of the possibility of such losses) whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with: (i) your use or inability to use the Community Site (including your use or inability to use any of the Content); (ii) your reliance on any information or other content obtained from the Community Site; (iii) unauthorised access to and login with your username and password; or (iv) statements or conduct of any third party, including other users of the Community Site, on or relating to the Community Site or the Content.

Termination

You may immediately terminate your subscription, cancel your user name and password, and/or otherwise cease your use of the Community Site at any time. We may also immediately terminate your access, cancel your user name and password, and/or otherwise cease your use of the Community Site at any time.

We may also in our sole discretion and at any time discontinue providing the Content and access to the Community Site, or any part thereof, with or without notice.

We shall have no obligation to preserve or return to you any Content related to your account whether on termination of this Policy or otherwise. Upon termination we may remove and discard any of your Content but are not obliged to do so.

The provisions of any clauses of this Policy which are expressed to, or by their nature are intended to, survive termination shall survive any termination of this Policy.

General

This Policy can be changed or amended, should the need arise – and any changes will be reflected on this page. By using the Community Site, you accept the terms and conditions of this Policy and any subsequent modifications. Your participation in the Community Site is conditional on and subject to your compliance with this Policy. If at any time you do not agree with this Policy, do not proceed to access the Community Site or any of the Content.

You and Micro Focus are independent contractors, and nothing in this Policy will create any partnership, joint venture, agency, franchise, representative, or employment relationship between you and Micro Focus.

Neither party shall be liable to the other for any delay or non-performance of its obligations under this Policy arising from any cause or causes beyond its reasonable control.

No remedy conferred by any provision of this Policy is intended to be exclusive of any other remedy except as expressly provided for in this Policy and each and every remedy shall be cumulative and shall be in addition to every other remedy given thereunder or existing at law or in equity by statute or otherwise.

Apart from a member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985) no person who is not a party to this Policy has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any terms of this Policy.

If you find any Content which infringes any intellectual property rights or which causes you offence contact us using this form and we will act accordingly.

If any term, clause or provision of this Policy shall be deemed invalid or unenforceable for any reason, the remainder of this Policy shall remain valid and enforceable in accordance with its terms. Our failure to enforce your strict performance of any provision of this Policy will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Policy.

Except as otherwise specifically provided herein, this Policy, our Community Terms of Use and our Privacy Statement constitutes the entire agreement between you and us relating to this subject matter.

The Community Site (excluding linked sites) is controlled by Micro Focus from its offices within the United Kingdom. By accessing the Community Site, you and Micro Focus agree that all matters relating to your access to, or use of, the Community Site shall be governed by the laws of England and Wales, without regard to the conflicts of laws principles thereof. You and Micro Focus also agree and hereby submit to the exclusive jurisdiction of the English courts with respect to such matters. Micro Focus makes no representation that materials on the Community Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Community Site from other locations do so on their own initiative and are responsible for compliance with local laws.