1.5 The Site is owned and operated by Red Gate Software Limited ("Red Gate"), and is hosted in the United Kingdom on Red Gate's behalf. Red Gate is a company registered in the United Kingdom with company number 03857576, with its registered office at St. John's Innovation Centre, Cowley Road, Cambridge CB4 0WS, England. If you have any questions, comments or queries on the Site, please let us know by contacting us at firstname.lastname@example.org.
2.1 You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations. You must not use the Site to:
3.2 If you contribute to or edit the Site, you must take all reasonable care to ensure that your contributions and edits are:
3.3 If you contribute source code to the Site, or edit source code provided on the Site by another Site user, you agree that any other person using the Site can copy, use, adapt, modify and distribute that source code, provided they do so in accordance with the terms of the licence set out in this Section 3.
3.4 By contributing source code to the Site, or editing source code provided on the Site by another Site user, you automatically grant a non-exclusive, perpetual, worldwide and irrevocable licence, with a right to sub-license, to any other person who wants such a licence to copy, use, adapt, modify or distribute that source code as they see fit, provided that the source code may not be used in any unlawful, defamatory, obscene, offensive or discriminatory way.
4.3 The Site also contains materials, other than source code, which have been contributed by users of the Site. These materials include, for example, notes and remarks on source code contributions. You are not permitted to copy or use any of those materials for any purpose, provided that you may print a copy of any page of the Site for your personal, non-commercial use.
4.4 The underlying source code is comprised of some FlexWiki open source ("FlexWiki Source Code") and some source code which is proprietary to Red Gate (the "Red Gate Source Code"). The FlexWiki Source Code is subject to the terms of the licence available at http://www.flexwiki.com/default.aspx/FlexWiki/FlexWikiLicense.html. Please note that the FlexWiki Source Code is provided on an "as is" basis, without warranties, and subject to a limitation of liability set out in the FlexWiki licence.
4.5 You are not permitted to access, reverse engineer, decompile or otherwise use the Red Gate Source Code. The Red Gate Source Code, and all intellectual property rights in and relating to the Red Gate Source Code, are owned by Red Gate.
4.6 Any material contained in the Site, other than any source code, advice, recommendation, opinion or other information made available on the Site by a user, (the "Red Gate Materials") and all intellectual property rights in the Red Gate Materials are either owned by Red Gate or have been licensed to Red Gate by the rights owner(s) so that Red Gate can use those Red Gate Materials as part of the Site. You are only allowed to use the Site, the Red Gate Materials and any intellectual property rights in them on the basis set out in these Term of Use.
4.7 You are not permitted to copy or use any of the Red Gate Materials for any purpose, provided that you may print a copy of any page of the Site for your personal, non-commercial use.
5.2 Subject to the paragraph 5.1, in no event shall Red Gate be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.
5.3 Subject to paragraphs 5.1 and 5.2, Red Gate's liability to you whether in contract, tort or otherwise, is limited to £250.
5.5 Where you wish to use any source code made available on this Site, you agree that it is solely your responsibility to check and test any such source code for the presence of bugs, viruses, worms, Trojan horses, drop-dead devices, locks or any other item or thing which is or may be designed to disrupt, destroy, invade, gain unauthorised access to, corrupt, monitor, observe, or modify any computer system or which otherwise may have an adverse effect upon the any computer system.
5.6 You agree that the obtaining of any material through the use of the Site is carried out at your own risk and that Red Gate has no liability to you in respect of such material or the effects of such material.
5.7 The Site may include links to external sites and co-branded pages. Red Gate has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Red Gate is not responsible for the content of these site and pages or for anything provided by them.
5.8 Red Gate is not liable for any action you may take as a result of relying on any information (including source code) provided in this Site.
6.1 Red Gate may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.
7.2 Red Gate will store the IP address of the computer you use to access the Site in a log file. Red Gate will not use those IP address for any other purpose.
8.1 Red Gate may, in its absolute discretion:
9.2 Red Gate will not be liable to you for any breach of these terms and conditions which arises because of any circumstances which Red Gate cannot reasonably be expected to control.
Last amended: 2007-04-12