mirror of
https://github.com/inspec/inspec
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changed legal refs to point to chef.io proper
Signed-off-by: Keka Ichinose <rikoomi@hotmail.com>
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@ -24,13 +24,13 @@ footer#main-footer.dark-bg
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.columns.large-8.medium-8
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ul.footer--links.strict-right
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li
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a.link.footer--link href="/legal/licensing" Licensing
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a.link.footer--link href="https://docs.chef.io/chef_license.html" Licensing
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li
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a.link.footer--link href="/legal/terms-and-conditions" Terms & Conditions
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a.link.footer--link href="https://www.chef.io/terms-of-service/" Terms & Conditions
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li
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a.link.footer--link href="/legal/trademark-policy" Trademark Policy
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a.link.footer--link href="https://www.chef.io/trademark-policy/" Trademark Policy
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li
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a.link.footer--link href="/legal/privacy-policy" Privacy Policy
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a.link.footer--link href="https://www.chef.io/privacy-policy/" Privacy Policy
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li
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a.link.footer--link href="https://www.chef.io/cookie-policy/" Cookie Policy
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@ -1,77 +0,0 @@
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---
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title: Licensing
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---
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.row.margin-both-offset.columns
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.block
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h2 Legal/Licensing
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p
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| Chef InSpec is an open source product governed by the Apache 2.0 license.
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The license is reproduced here in its entirety.
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h2 Apache License
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p Version 2.0, January 2004
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p
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a href="http://www.apache.org/licenses/" http://www.apache.org/licenses/
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p TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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ol
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li
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strong Definitions.
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p "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
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p "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
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p "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
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p "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
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p "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
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p "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
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p "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
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p "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
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p "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
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p "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
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li
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p <strong>Grant of Copyright License.</strong> Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
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|
||||
li
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||||
p <strong>Grant of Patent License.</strong> Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
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||||
li
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p <strong>Redistribution.</strong> You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
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ol.lower-alpha
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li You must give any other recipients of the Work or Derivative Works a copy of this License; and
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li You must cause any modified files to carry prominent notices stating that You changed the files; and
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||||
li You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
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li If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
|
||||
|
||||
p You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
|
||||
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
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li
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p <strong>Trademarks.</strong> This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
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li
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p <strong>Disclaimer of Warranty.</strong> Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
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li
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p <strong>Limitation of Liability.</strong> In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
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li
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p <strong>Accepting Warranty or Additional Liability.</strong> While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
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p END OF TERMS AND CONDITIONS
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@ -1,72 +0,0 @@
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---
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title: Chef InSpec - Privacy Policy
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---
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.row.margin-both-offset.columns
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.block
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h2 Chef Privacy Policy
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p This privacy policy ("Policy") explains how Personal Information is collected, used, and disclosed by Chef Software, Inc. ("Chef, "we" or "us") with respect to your use of the Web sites operated by Chef that link to this Policy, including without limitation www.Chef.io (collectively the "Sites") and any services provided to you by Chef (the "Services"). We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on the Policy the date it was last updated. We encourage you to review this Policy from time to time to make sure that you understand how any Personal Information you provide will be used.
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p Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Sites or Services. By accessing or using the Sites or Services, you agree to this privacy policy. Your continued use of the Sites or Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
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h4 WHAT IS PERSONAL INFORMATION?
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p As used herein, the term "Personal Information" means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, e-mail address, or credit card or other account number); information about that individual's location or activities, such as information about his or her use of the Sites and Services, when directly linked to personally identifiable information; and demographic information such as date of birth, gender, geographic area and preferences when such information is linked to other Personal Information that identifies you. Personal information does not include "aggregate" information, which is data we collect about the use of the Sites or about a group or category of products, services or users, from which individual identities or other Personal Information has been removed. In other words, information about how you use a Service may be collected and combined with information about how others use the same Service. Aggregate data helps us understand trends and our users' needs so that we can better consider new features or otherwise tailor our Sites. This policy in no way restricts or limits our collection and use of aggregate information.
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h4 WHAT PERSONAL INFORMATION DO WE COLLECT?
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p <strong>Active Collection:</strong> We may collect certain information you voluntarily provide to us which may contain Personal Information. For example, we may collect your name, user name, address, email address, telephone number, other contact and demographic information when you register and set up an account, fill out a form, submit a comment or contact us by e-mail or other means. We may also collect billing information, such as your credit card number, when you purchase Services or other items through the Sites. Personal and demographic information may also be collected if you provide such information in connection with creating a profile, leaving comments, posting content, sending an email or message to another user or otherwise participating in any interactive forums or community features on the Sites.
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p <strong>Automatic Collection:</strong> When you use the Sites, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring web site, and your activity on the Site. We treat this information as Personal Information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only. We may automatically collect certain information through the use of "cookies" or web beacons. Cookies are small data files that are stored on a user's hard drive at the request of a Web site to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history. Among other things, cookies help us improve our Sites and your experience. For example, we use cookies to see which areas and features are popular and to count visits to our Sites. If we link cookies to any personally identifying information, we will treat this information as Personal Information. Web beacons (also known as clear gifs) are small, invisible graphic images that may be used on the Sites or in emails relating to the Sites to collect certain information and monitor user activity on the Sites. For example, we may use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and determine if an email has been opened and acted upon. We may also use third parties to help us track and analyze aggregate usage and statistical data from individuals who use the Sites. These third parties may place cookies, web beacons or other devices on your computer to collect nonpersonal Information, and information provided by these devices may be used, among other things, to analyze data, to determine the popularity of certain content, and to better understand the usage and visitation of our Sites and the other sites tracked by these third parties. This policy does not apply to the use of third party cookies or web beacons.
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p If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if a browser is set not to accept cookies or if a user rejects a cookie, some portions of the Sites may not function properly.
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p <strong>Information You Provide to Us:</strong> | You also may provide information in your profile, recipe pages, blogs, bulletin boards, forums and other community areas of the Sites (the "Community Areas"), to be transmitted to other users of the Sites or third parties, as well as any information you share with individuals through the Sites (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Sites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. You understand that when you use the Community Areas, your User Contributions will be available to other users and in some cases may be publicly available. We recommend you be cautious about giving out Personal Information to others or sharing Personal Information in Community Areas, whether designated as public or private. We are not responsible for the Personal Information you choose to share in these Community Areas or for the actions of any third parties with whom you share Personal Information.
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h4 HOW DO WE USE THE PERSONAL INFORMATION WE COLLECT?
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p In general, we use Personal Information to process your requests or transactions; to provide you with information, products or Services you request; to inform you about other information, events, promotions, products or services we think will be of interest to you; to facilitate your use of, and our administration and operation of, the Site; and for the purpose for which the information was provided. For example, we may use the information we collect:
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ul
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li to send you a welcoming email and to contact you about your use of the Site;
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li to provide the services, products or information you request and to complete any transactions and process any payments in connection therewith;
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li to respond to your emails, submissions, comments, requests or complaints;
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li to request feedback and to enable us to develop, customize and improve the Sites and our products and services;
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li to analyze data and trends and to personalize and improve site content and features and your experience on the site, such as providing content or features to match your profile and interests;
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li to contact you about our or our third party's services, products, activities, special events or offers, and for other internal marketing, informational, product development and promotional purposes
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li To present our Sites and its contents to you
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li To provide you with information, products or services that you request from us
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li To fulfill any other purpose for which you provide it
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li To provide you with notices about your [account/subscription], including expiration and renewal notices
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li To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
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li notify you about changes to our Sites or any products or services we offer or provide though it
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li To allow you to participate in interactive features on our Sites.
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li In any other way we may describe when you provide the information
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li For any other purpose with your consent
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p Personal Information provided online may be linked together or merged with other Personal Information so that we may better understand your needs and inform you about our products or services and those of our partners. In addition, if we receive information from third parties with whom we have business relationships, we may combine this information with the other Personal Information we maintain about you.
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p Chef may store and process Personal Information in the United States and other countries.
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h4 WHAT PERSONAL INFORMATION DO WE SHARE WITH OTHER PARTIES?
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p We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
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p We will not share the Personal Information we collect from you through the Sites with third parties except as described in this Policy, as it may be revised from time to time. We may share Personal Information with vendors, consultants and other service providers ("Service Providers") who are engaged by or working with us in connection with the operation of the Sites or the services we provide and who need access to such information to carry out their work for us. For example, Chef may use a third party to manage credit card processing. In some cases, the Service Provider may be directly collecting the information from you on our behalf. We may also share Personal Information with other third parties when you give us your consent to do so. We are not responsible for the actions of Service Providers or other third parties, nor are we responsible for any additional information you provide directly to these Service Providers or other third parties, and we encourage you to become familiar with their practices before disclosing information directly to them. Nothing herein restricts the sharing of aggregate information, which may be shared with third parties without your consent.
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p We may disclose Personal Information in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of Chef, our users, our employees or the public, including without limitation to protect Chef or our users from fraudulent, abusive, inappropriate or unlawful use of our Sites. If you send us a notification of claimed infringement under the Digital Millennium Copyright Act, any Personal Information in your notification may be shared with the person or entity who you claim is infringing your copyrighted material. Information about our users, including Personal Information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition or in any other situation where Personal Information may be transferred as one of the business assets of Chef.
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p For Example, we may disclose Personal Information that we collect or you provide as described in this privacy policy:
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ul
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li To our subsidiaries and affiliates
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li To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them
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li To third parties we have engaged as partners to facilitate the sale of our Services
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li To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Chef’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Chef about our Sites users is among the assets transferred
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li To fulfill the purpose for which you provide it
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li For any other purpose disclosed by us when you provide the information
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li With your consent
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p We may also disclose your Personal Information:
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ul
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li To comply with any court order, law or legal process, including to respond to any government or regulatory request.
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li To enforce or apply our #{link_to 'terms of use', '/legal/terms-and-conditions/'}, #{link_to 'terms of sale', 'https://www.chef.io/online-master-agreement/'}, #{link_to 'trademark policy', '/legal/trademark-policy/'} and other agreements, including for billing and collection purposes.
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li If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Chef, our customers or others.
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h4 WHAT STEPS DO WE TAKE TO PROTECT YOUR INFORMATION ONLINE?
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p Chef takes reasonable measures to protect your Personal Information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable. To help protect the confidentiality of Personal Information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our Sites by any person using your password. Please advise us immediately if you believe your password has been misused.
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h4 WHAT CHOICES DO YOU HAVE REGARDING THE USE OF YOUR INFORMATION?
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p You may opt out of receiving promotional emails from Chef by following any instructions in those emails. You may also send requests about your contact preferences and changes to your information by emailing support@chef.io. However, if you opt out, this will not affect our ability to send you service and account related emails, or other non-promotional emails, or to use your Personal Information as otherwise described in this Policy.
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h4 LINKS TO OTHER WEB SITES
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p Our web site may contain links to other web sites. Any Personal Information you provide on the linked pages is provided directly to that third party and is subject to that third party's privacy policy. We are not responsible for the content or privacy and security practices and policies of web sites to which we link. Links from our web site to third parties or to other sites are provided for your convenience. We encourage you to learn about their privacy and security practices and policies before providing them with Personal Information.
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h4 HOW CAN YOU CORRECT AND UPDATE YOUR PERSONAL INFORMATION OR OBTAIN ADDITIONAL INFORMATION
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p If you wish to verify, correct, update or delete any Personal Information we have collected, you may do so by emailing support@chef.io. Requests to access, change, or delete your information will be handled within 30 days. Questions regarding this Policy or the information practices of the Company's Web sites should be directed to Chef Privacy by clicking #{link_to 'here', 'https://www.chef.io/support/'} or by mailing Chef Software, Attn: Legal Department, 619 Western Avenue, Suite 400, Seattle, WA 98104.
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h4 LINKS TO OTHER WEB SITES
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p Our web site may contain links to other web sites. Any Personal Information you provide on the linked pages is provided directly to that third party and is subject to that third party's privacy policy. We are not responsible for the content or privacy and security practices and policies of web sites to which we link. Links from our web site to third parties or to other sites are provided for your convenience. We encourage you to learn about their privacy and security practices and policies before providing them with Personal Information.
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h4 HOW CAN YOU CORRECT AND UPDATE YOUR PERSONAL INFORMATION OR OBTAIN ADDITIONAL INFORMATION
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p If you wish to verify, correct, update or delete any Personal Information we have collected, you may do so by emailing support@chef.io. Requests to access, change, or delete your information will be handled within 30 days. Questions regarding this Policy or the information practices of the Company's Web sites should be directed to Chef Privacy by clicking #{link_to 'here', 'https://www.chef.io/support/'} or by mailing Chef Software, Attn: Legal Department, 619 Western Avenue, Suite 400, Seattle, WA 98104.
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h4 CHILDREN UNDER THE AGE OF 13
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p Our Sites are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Sites. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on the Sites or on or through any of its features, make any purchases through the Sites, use any of the interactive or public comment features of this Sites or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at legal@chef.io.
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h4 CHANGES TO OUR PRIVACY POLICY
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p It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' Personal Information, we will notify you by e-mail to the primary e-mail address specified in your account and/or through a notice on the Site’s home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Sites and this privacy policy to check for any changes.
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h4 CONTACT INFORMATION
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p To ask questions or comment about this privacy policy and our privacy practices, contact us at: legal@chef.io.
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@ -1,290 +0,0 @@
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---
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title: Terms and Conditions of Use
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---
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.row.margin-both-offset.columns
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.block
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h2 Terms and Conditions of Use
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p
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strong
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| WELCOME TO THE CHEF WEBSITES. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
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p This website and all other related websites on which a link to these Terms of Use is displayed
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(including, without limitation, all subpages of the main website at chef.io, as well as other
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websites under the chef.io domain, inspec.io, habitat.sh, and chefconf.chef.io domain) and the content,
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functionality and services available on or through any of the foregoing (individually and
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collectively, the "Sites") are provided to you by Chef Software Inc. ("Chef" or "Us") and
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are intended to provide information about and access to the products and services of Chef.
|
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The Sites allow you to interact with us and others and provide you the opportunity to contact
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us directly.
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ol
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li
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p
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strong ACCEPTANCE OF THE TERMS OF USE
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p These terms of use are entered into by and between You and Chef. The following terms and
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||||
conditions ("Terms of Use"), together with any documents they expressly incorporate by
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||||
reference, govern your access to and use of the Sites, whether as a guest or a registered
|
||||
user. These Terms of Use do not govern your access and use of any Chef software or
|
||||
services which may be made available to you under separate license terms. Those additional
|
||||
or different terms and conditions will be provided to you prior to your purchase or use of
|
||||
those products and services to which they apply, and will supersede these Terms of Use.
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||||
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||||
p Please read the Terms of Use carefully before you start to use the Sites.
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||||
<strong>By using the Sites, or by clicking to accept or agree to the Terms of Use when this
|
||||
option is made available to you, you accept and agree to be bound and abide by these
|
||||
Terms of Use and the Chef Privacy Policy found at
|
||||
<a href="https://www.chef.io/privacy-policy/">https://www.chef.io/privacy-policy/</a>
|
||||
and incorporated herein by reference.</strong> If You do not want to agree to these
|
||||
Terms of Use or the Privacy Policy, You must not access or use the Sites.
|
||||
|
||||
li
|
||||
p
|
||||
strong ELIGIBILITY
|
||||
|
||||
ol.lower-latin
|
||||
li
|
||||
p Use of the Sites is void where prohibited. By using the Sites and their features, You
|
||||
represent and warrant that:
|
||||
|
||||
ol.lower-roman
|
||||
li You are 18 years or older;
|
||||
li You are a human. You must be a human. Accounts registered by "bots" or other
|
||||
automated methods are not permitted;
|
||||
li All information you submit to Chef through the Sites is truthful and accurate;
|
||||
li You will maintain the accuracy of such information;
|
||||
li Your use of the Sites does not violate any applicable law or regulation;
|
||||
li You will maintain the security of your account and password. Chef cannot and will not
|
||||
be liable for any loss or damage from your failure to comply with this security
|
||||
obligation; and
|
||||
li You are responsible for all User Content posted and activity that occurs under your
|
||||
account (even when User Content is posted by others who have accounts under your account).
|
||||
|
||||
p IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU
|
||||
REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO
|
||||
ACCESS THE SITES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS
|
||||
"YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF
|
||||
YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU
|
||||
MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
|
||||
|
||||
li
|
||||
p
|
||||
strong MODIFICATION/AMENDMENT
|
||||
p Chef reserves the right to change or modify any of the terms and conditions contained in
|
||||
the Terms of Use or any policy or guideline of the Sites, at any time and in its sole
|
||||
discretion. Any changes or modification will be effective immediately upon posting of the
|
||||
revisions on the Sites, and you waive any right you may have to receive specific notice of
|
||||
such changes or modifications. Your continued use of these Sites following the posting of
|
||||
changes or modifications will confirm your acceptance of such changes or modifications. If
|
||||
you do not agree to the amended terms, you must stop using the Sites. You are expected to
|
||||
check this page frequently so you are aware of any changes, as they are binding on you.
|
||||
|
||||
li
|
||||
p
|
||||
strong Registration Data and account security
|
||||
p To access the Sites, you may be asked to provide certain registration details or other
|
||||
information. It is a condition of your use of the Sites that all the information you provide
|
||||
on the Sites is correct, current and complete. You agree that all information you provide to
|
||||
register with the Sites or otherwise, including but not limited to through the use of any
|
||||
interactive features on the Sites, is governed by our
|
||||
<a href="/legal/privacy-policy/">/legal/privacy-policy/</a>, and you consent to all actions we take with
|
||||
respect to your information consistent with our Privacy Policy.
|
||||
|
||||
p If you choose, or are provided with, a user name, password or any other piece of information
|
||||
as part of our security procedures, you must treat such information as confidential, and you
|
||||
must not disclose it to any other person or entity. You also acknowledge that your account is
|
||||
personal to you and agree not to provide any other person with access to the Sites or
|
||||
portions of it using your user name, password or other security information. You agree to
|
||||
notify us immediately of any unauthorized access to or use of your user name or password or
|
||||
any other breach of security. You also agree to ensure that you exit from your account at the
|
||||
end of each session. You should use particular caution when accessing your account from a
|
||||
public or shared computer so that others are not able to view or record your password or other
|
||||
personal information.
|
||||
|
||||
p We have the right to disable any user name, password or other identifier, whether chosen by
|
||||
you or provided by us, at any time in our sole discretion if, in our opinion, you have
|
||||
violated any provision of these Terms of Use. You agree not to sell or transfer your use of
|
||||
or access to the Sites or permit anyone else whose account was suspended or terminated to use
|
||||
the Sites through your user name or password. You are responsible for maintaining the
|
||||
confidentiality of your password and account and for all activity that occurs on your account.
|
||||
You agree to immediately notify Chef of any unauthorized use of your account or any other
|
||||
breach of security. Chef will not be liable for any loss you incur as a result of someone else
|
||||
using your password and account with, or without, your permission.
|
||||
|
||||
li
|
||||
p
|
||||
strong Privacy Policy
|
||||
p Please refer to our Privacy Policy at <a href="/legal/privacy-policy/">/legal/privacy-policy/</a> for
|
||||
information on how Chef collects, uses and discloses personally identifiable information
|
||||
from its users in connection with the Sites.
|
||||
|
||||
li
|
||||
p
|
||||
strong PROPRIETARY RIGHTS
|
||||
p You acknowledge and agree that Chef (or Chef's licensors) owns all legal right, title and
|
||||
interest in and to the Sites. The visual interfaces, graphics, design, systems, methods,
|
||||
information, computer code, software, services, "look and feel", organization, compilation of
|
||||
the content, code, data, and all other elements of the Sites (collectively, the "Chef Materials")
|
||||
are protected by United States copyright, trade dress, patent, and trademark laws, international
|
||||
conventions, and all other relevant intellectual property and proprietary rights, and applicable
|
||||
laws. Except for any User Content owned and/or posted by you or other users, all Chef Materials
|
||||
are the copyrighted property of Chef or its licensors. Furthermore, all trademarks, service marks,
|
||||
and trade names contained in the Chef Materials and otherwise displayed on the Sites ("Marks")
|
||||
are the property of Chef or other third parties. You are not permitted to use the Marks without
|
||||
the prior written consent of Chef or such third party. Except as expressly set forth herein, your
|
||||
use of the Sites does not grant to you ownership of or any other rights with respect to any
|
||||
content, code, data, user comments or other materials that you may access on or through the Sites.
|
||||
Chef reserves all rights to the Chef Materials. For more information on Chef trademark guidelines,
|
||||
please refer to our Trademark Policy at
|
||||
<a href="https://www.chef.io/trademark-policy/">https://www.chef.io/trademark-policy/</a>.
|
||||
|
||||
li
|
||||
p
|
||||
strong USER CONTENT
|
||||
p The Sites may allow you to post, submit, publish, display, make available for download and use or
|
||||
transmit to other users or other persons any content, recipe, messages, text, files, images, photos,
|
||||
video, sounds, profiles, works of authorship, or any other materials (collectively "User Content")
|
||||
on or through the Sites. All User Content must comply with the Content Standards set out in these
|
||||
Terms of Use.
|
||||
ol.lower-latin
|
||||
li Any User Content you post to the Sites will be considered non-confidential and non-proprietary.
|
||||
li By displaying, publishing and making available for download and use by others any User Content,
|
||||
you give Chef a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to
|
||||
reproduce, adapt, modify, translate, publish, publicly perform, publicly display, sublicense, make
|
||||
derivative works of, and distribute User Content which you submit, post or display on or through the
|
||||
Site or in connection with any Service. you agree that this license includes a right for Chef to make
|
||||
User Content available to other companies, organizations or individuals with whom Chef has
|
||||
relationships for the provision of services ("Authorized Third Parties"), and to use and have Chef
|
||||
Authorized Third Parties use, the User Content in connection with the provision of those services.
|
||||
You understand that Chef or Authorized Third Parties may (i) transmit or distribute User Content over
|
||||
various public networks and in various media; and (ii) make such changes to User Content as are
|
||||
necessary to conform and adapt User Content to the technical requirements of connecting networks,
|
||||
devices, services or media. Further, you understand that the technical processing and transmission of
|
||||
the Service, including User Content, may be transferred unencrypted and involve (a) transmissions over
|
||||
various networks; and (b) changes to conform and adapt to technical requirements of connecting networks
|
||||
or devices. You agree that this license shall permit Chef and Authorized Third Parties to take these
|
||||
actions.
|
||||
li You represent and warrant that (a) you own and control all of the rights to the User Content that you
|
||||
post or you otherwise have the right to post such User Content to the Site and grant any rights you
|
||||
grant therein; (b) the User Content is accurate and not misleading; and (c) the use and posting of the
|
||||
User Content as contemplated by these Terms of Use does not violate these Terms of Use or any applicable
|
||||
law, rule or regulation and will not infringe or violate any rights of, or cause injury to, any person
|
||||
or entity.
|
||||
li Your Responsibilities: By submitting or posting any User Content to the Sites or in connection with the
|
||||
Service, you agree that your User Content will comply at all times with our Community Guidelines and Code
|
||||
of Conduct which can be found at <a href="https://docs.chef.io/community_guidelines.html">Community Guidelines</a>.
|
||||
Further you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through
|
||||
the Sites or in connection with any Service any of the following:
|
||||
ol.lower-roman
|
||||
li User Content that contains any viruses, corrupted data, malicious code or other harmful, disruptive or destructive files;
|
||||
li User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
|
||||
li User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
|
||||
li User Content that infringes or violates any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to post, distribute, display and reproduce such User Content;
|
||||
li User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
|
||||
li Unsolicited promotions, political campaigning, advertising or solicitations;
|
||||
li Private or personally identifiable information; and/or
|
||||
li User Content that, in the sole judgment of Chef, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose Chef or its users to any harm or liability of any type.
|
||||
li Chef may reject, refuse to post or delete any User Content for any or no reason, including without limitation, User Content that in the sole judgment of Chef violates these Terms of Use, including our Privacy Policy. Chef assumes no responsibility for monitoring the Sites for inappropriate User Content or conduct. If at any time Chef chooses, in its sole discretion, to monitor the Sites, Chef nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content and no responsibility for the User Conduct of the user submitting any such User Content.
|
||||
|
||||
li
|
||||
p
|
||||
strong LINKS FROM THE SITES
|
||||
p The Sites contain (or you may be sent through the Sites to) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties in a variety of media, including without limitation, Chef "recipes" – sharable software files that contain executable code posted on the Site by other users (the "Third Party Content"). These Third Party Sites are provided for your convenience only. Chef has no control over the Third Party Content or the Third Party Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Sites.
|
||||
|
||||
li
|
||||
p
|
||||
strong PROTECTION OF YOUR INTELLECTUAL PROPERTY RIGHTS/DMCA
|
||||
p We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access to them) from the Sites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
|
||||
ol.lower-latin
|
||||
li Your physical or electronic signature;
|
||||
li Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works;
|
||||
li Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
|
||||
li Adequate information by which we can contact you, including your name, postal address, telephone number and, if available, e-mail address;
|
||||
li A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
|
||||
li A statement that the information in the written notice is accurate; and
|
||||
li A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
|
||||
p Our designated Copyright Agent to receive DMCA Notices is:
|
||||
p
|
||||
|
|
||||
Attn: Legal Department, DMCA Notices<br>
|
||||
Chef Software Inc.<br>
|
||||
619 Western Avenue, Suite 400<br>
|
||||
Seattle, WA 98104<br>
|
||||
legal@chef.io
|
||||
p If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. For clarity, only DMCA Notices should go to the Chef Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Chef customer service through support@chef.io
|
||||
|
||||
li
|
||||
p
|
||||
strong PROHIBITED USES
|
||||
p You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:
|
||||
ol.lower-latin
|
||||
li In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
|
||||
li For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
|
||||
li To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
|
||||
li To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
|
||||
li To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm the Company or users of the Sites or expose them to liability.
|
||||
p Additionally, you agree not to:
|
||||
ol.lower-latin
|
||||
li Post or transmit through the Sites any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law;
|
||||
li Use the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Sites, including their ability to engage in real time activities through the Sites;
|
||||
li Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
|
||||
li Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent;
|
||||
li Use any device, software or routine that interferes with the proper working of the Sites;
|
||||
li Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
|
||||
li Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer or database connected to the Sites;
|
||||
li Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack;
|
||||
li Otherwise attempt to interfere with the proper working of the Sites.
|
||||
p Your use of the Sites and Service is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. you may not use the Sites or Service for any illegal or unauthorized purpose. you must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). Any attempt by any person to deliberately damage the Sites or Service is a violation of criminal and civil laws. Chef reserves the right to seek damages from any such person to the fullest extent permitted by law.
|
||||
|
||||
li
|
||||
p
|
||||
strong DISCLAIMERS
|
||||
ol.lower-latin
|
||||
li THE SITES AND ALL CONTENT, SERVICES, SOFTWARE OR OTHER MATERIAL (COLLECTIVELY "MATERIAL") OR SERVICES AVAILABLE AT THE SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FROM CHEF AND ITS AFFILIATES AND CONTENT PROVIDERS. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY REPONSIBLE FOR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.
|
||||
li EXCEPT AS MAY BE EXPRESSLY WARRANTED IN A LICENSE AGREEMENT OR OTHER AGREEMENT, CHEF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE MATERIAL OR SERVICES AVAILABLE AT THE SITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CHEF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE MATERIAL OR SERVICES AVAILABLE AT THE SITES. WITHOUT LIMITING THE FOREGOING, CHEF MAKES NO WARRANTY THAT (a) THE MATERIAL OR SERVICES OFFERED ON THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (b) THE MATERIAL OR SERVICES OFFERED ON THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE, OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS OR SERVICES WILL BE ACCURATE OR RELIABLE. SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED.
|
||||
li WHILE CHEF ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES SAFE, CHEF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY- RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
|
||||
li Chef takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Chef liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Sites is at your own risk. As a provider of interactive services, Chef is not liable for any statements, representations or User Content or Third Party Content provided by its users on the Site, including without limitation through the Service and in any public forum, personal home page or other community area. Although Chef has no obligation to screen, edit or monitor any of the User Content posted in any community area, Chef reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content. You post or store on the Sites at your sole cost and expense. Any use of the community areas or other portions of the Site in violation of this Section or the Community Guidelines violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the community areas and/or the Sites.
|
||||
li Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
|
||||
|
||||
li
|
||||
p
|
||||
strong LIMITATION OF LIABILITY
|
||||
ol.lower-latin
|
||||
li IN NO EVENT WILL CHEF, ITS DIRECTORS, EMPLOYEES OR AGENTS 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 SITES, THE USER CONTENT OR THE OTHER SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CHEF, 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, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CHEF'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHEF, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE USER CONTENT OR OTHER SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CHEF FOR THE USER CONTENT OR FOR ACCESS TO OR USE OF THE SITES. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT CHEF'S AGGREGATE LIABILITY WILL NOT EXCEED FIVE HUNDRED ($500) DOLLARS.
|
||||
|
||||
li
|
||||
p
|
||||
strong INDEMNIFICATION
|
||||
p You agree to defend, indemnify and hold harmless Chef, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Contributions, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Sites.
|
||||
|
||||
li
|
||||
p
|
||||
strong Applicable Law and Venue
|
||||
p These Terms of Use and your use of the Sites are governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
|
||||
|
||||
li
|
||||
p
|
||||
strong Export Control
|
||||
p By using the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. Chef makes no claim that content contained on the Sites is appropriate or may be downloaded outside the United States. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country's jurisdiction.
|
||||
|
||||
li
|
||||
p
|
||||
strong Termination
|
||||
p Chef reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
|
||||
|
||||
li
|
||||
p
|
||||
strong Severability
|
||||
p If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
|
||||
|
||||
li
|
||||
p
|
||||
strong LIMITATION ON TIME TO FILE CLAIMS
|
||||
p ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
|
||||
|
||||
li
|
||||
p
|
||||
strong Questions and Contact Information
|
||||
p Questions or comments about the Sites may be directed to Chef at the email address <a href="mailto:legal@chef.io">legal@chef.io</a>.
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---
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title: InSpec - Trademark Policy
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---
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h2 Chef Trademark Policy
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p
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small June 16, 2016
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h4
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u INTRODUCTION
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p This document outlines the policy of Chef Software Inc. ("Chef") regarding the use of Chef trademarks and/or logos, including without limitation Chef's Open Source Projects, such as for example, Habitat, InSpec and Server ("Chef Marks"). Any use of any Chef Mark must be in accordance with this policy or a separate license agreement. Any use that does not comply with this policy or does not have written authorization from Chef is not authorized. Any goodwill generated by the use of any Chef Marks will be for the benefit of Chef. This Trademark Policy ("Policy") attempts to balance two competing interests: Chef's need to ensure that the Chef Marks remain reliable indicators of quality, source, and security; and Chef's desire to permit community members, contributors, software users and distributors, and others to discuss the Chef products and to accurately describe their affiliation with Chef. Striking a proper balance is a complex situation that many organizations - in particular those whose products are distributed electronically - wrestle with every day and Chef has attempted to balance it here. Chef protects its Chef Marks on behalf and for the benefit of the entire community. The law obligates trademark owners to police their marks and prevent the use of confusingly similar names by third parties. If you have questions about this Policy, please contact the Chef marketing team at <a href="mailto:marketing@chef.io">marketing@chef.io</a>.
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p Underlying this Policy is the general law of trademarks. Trademarks exist to help consumers identify, and organizations publicize, the source of products. Someone's trust in the Chef name and products is crucial to us. Particularly in connection with intangible products like software, trust is all consumers have to decide on which product to choose. Chef also caretakes and curates the trust of the Chef community. This Policy seeks to protect both the public's and the Chef community's trust in the Chef Marks.
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p In addition, Chef may receive reports about websites or companies using the Chef Marks to promote other products and services, or using modified versions of the Chef Marks. The problem with these activities is that they may be deceptive, harm users, cause consumer confusion, or jeopardize the identity and meaning of the Chef Marks. Such cases range from good intentions but improper use of the trademarks, to people intentionally trading on the Chef brand for their own benefit and/or to distribute modified versions of the product, to a clear intent to deceive, manipulate and steal from users in a highly organized and syndicated fashion. When Chef receives reports of such activities, or identifies problematic activities, Chef analyzes the reports and treats each case individually based on the intent and severity of the matter.
In creating this Policy, Chef seeks to clarify legitimate uses of the Chef Marks. Although this Policy is composed of a number of specific examples, most reflect the fundamental requirement that<u> your use of the Chef Marks be non-confusing and non-disparaging.</u> "Non-confusing" means people should always know with whom they are dealing and where the software originates. Websites, software and other services that are not officially maintained or supported by Chef should not imply, either directly or by omission, that they are. These basic requirements can serve as a guide as you work your way through the Policy.
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p This Policy, prepared by Chef, sets out rules for proper use of the Chef Marks. Some, but not all, Chef Marks include the following:
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ul
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li Chef and Chef Logo
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li InSpec and InSpec Logo
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li Compliance at Velocity
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li CODE CAN
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li RULE THE CLOUD
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li POWERED BY CHEF
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p Chef may update its Chef Marks from time to time and without prior notice. If you ever have any questions about a Chef Mark, please contact Chef at <a href="mailto:marketing@chef.io">marketing@chef.io</a>.
Approved Chef logos can be downloaded here: <a href="http://style.chef.io/branding/">http://style.chef.io/branding/</a>
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p This Policy applies to all uses of the Chef Marks, in text and logo form, whether or not identified above.
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h4
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u OBJECTIVE AND SCOPE OF THE CHEF TRADEMARK POLICY
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p The objective of this Policy is to ensure that the Chef Marks remain reliable indicators of source and quality and that they are protected from inappropriate and unauthorized use. This Policy explains when and how you may use the Chef Marks without written authorization and, conversely, when written permission from Chef is required. Chef reserves the right to review all usage of the Chef Marks and to terminate use of the Chef Marks by any party for non-compliance with this Policy or written authorization. Chef may change this Policy at its sole discretion at any time effective immediately upon being published at https://www.chef.io/trademark-policy/ .
|
||||
h4
|
||||
u AUTHORIZED USE OF CHEF MARKS
|
||||
ul
|
||||
li
|
||||
u SUMMARY
|
||||
ul
|
||||
li AS A GENERAL RULE, THE CHEF MARKS MAY NOT BE USED IN ANY MANNER OTHER THAN EXPRESSLY AUTHORIZED IN A WRITTEN AGREEMENT SIGNED BY A DULY AUTHORIZED CHEF REPRESENTATIVE OR AS EXPRESSLY PERMITTED BY THIS POLICY.
|
||||
li You must use a Chef Mark in accordance with this Policy. To the extent any part of this Policy conflicts or is inconsistent with any part of a written agreement between you and Chef, the written agreement shall control. No other rights of any kind are granted hereunder by implication or otherwise.
<br/>You must obtain written permission from Chef to use the Chef Marks for any use, including but not limited to; (i) merchandising purposes (e.g. T-shirts, mugs); (ii) on or in relation to a software product that includes or is built on top of any Chef product, including Chef's open source projects; or (iii) in an attention-getting or branding manner. Without the express prior written consent of Chef, no Chef Marks may be used in a manner that implies an affiliation with, approval by, endorsement of or sponsorship by Chef.
|
||||
li
|
||||
u GENERAL GUIDELINES
|
||||
ul
|
||||
li You may use of the Chef Marks, without a license, provided such use complies with the following requirements: (i) the Chef Mark is used only to refer to the Chef project and/or technology; (ii) the Chef Mark is not used as part of your product, brand, domain, URL, or service name; (iii) the Chef Mark appears less prominent than your company or product name; (iv) the reference to Chef does not create a sense of endorsement, sponsorship, or ownership by Chef; and/or (v) Your use of the Chef Mark is necessary to fully describe your services or products and is limited to as much of the Chef Mark as is necessary for such identification ("Nominative Use"). ALL OTHER USES OF THE CHEF MARK, INCLUDING LOGOS, REQUIRE A WRITTEN LICENSE AGREEMENT.
|
||||
li
|
||||
u SPECIFIC USE CASES
|
||||
ul
|
||||
li USE WITH OPEN SOURCE SOFTWARE: We release open source code under the Apache 2.0 license, which permits third parties to copy and redistribute the underlying software under the terms of the license. However, the Apache 2.0 license does not provide any license or right to use any of the Chef Marks. You may redistribute the applicable Chef open source software under the terms of the Apache 2.0 license, but You may not use the Chef Marks in doing so without express written permission from Chef or as expressly permitted in this Policy.
|
||||
li PUBLICATIONS AND PRESENTATIONS: Third parties may use the Chef Marks in publications, such as books or magazines, or in connection with the presentations and publications that are displayed to the public (collectively, "Publications"), provided that: (i) such use is referential only: You are simply referring to Chef and its products; (ii) Your name or mark and logo shall appear in a prominent location on the cover or the title page of the Publication and shall be featured with greater prominence than the Chef Mark; (iii) You do not apply to register or register any term comprised or consisting of in whole or in part the Chef Mark, or any confusingly similar mark as trademarks, service marks, corporate names, trade names or domain names, Internet keywords, metatags, or trigger words to lead to a website or other Internet destination; (iv) You do not alter or change any Chef Mark or logo; (v) You comply with this Policy and usage guidelines; (vi) You attribute the Chef Marks with the proper symbol and footnote it on all Publications, webpages, announcements, or anywhere you might use the term.
|
||||
li TRADEMARK NOTICE SYMBOL: When using the Chef Marks, you must use the appropriate trademark symbol (either ™ or ®) as a notice to third parties of our rights to the Chef Mark. A trademark notice symbol must be used in connection with the first and most prominent usage of a mark (e.g. "Chef™"). A Chef Logo must always appear with the TM notice in every use.
|
||||
li ATTRIBUTION STATEMENT: You must acknowledge the rights of Chef in the Chef Marks and agree not to register or seek to register any Chef Marks in any country. All uses of Chef Marks must identify the Marks as being trademarks of Chef with our standard trademark attribution statement. The following statement must be used in all materials using the Chef Marks, including but not limited to websites, publications, splash screens, screenshots or in documentation or source code: "The Chef™ Mark and Chef Logo are either registered trademarks/service marks or trademarks/ service marks of Chef, in the United States and other countries and are used with Chef Software Inc.'s permission. We are not affiliated with, endorsed or sponsored by Chef Software Inc." While you may scale the size to suit your needs, you may not modify any of the Chef logos in any other way (such as by changing the design or color or the relative proportions of the elements which comprise the logo). When using Chef Marks, you will never vary the spelling, hyphenation or spacing of the any portion of the marks. You will never use a Chef Mark as a verb or noun or in possessive or plural form. (This is just good form.)
|
||||
li DOMAIN NAMES AND URLs: You may not use Chef Marks in your own domain names or URLs in a way that would likely to confuse a relevant consumer about the source of software or services provided through your website without written approval from Chef.
|
||||
li PRODUCTS AND SERVICES RELATED TO CHEF SOFTWARE: If you offer products or services related to Chef Marks, you may use the Chef Marks in describing and advertising your product so long as you don't mislead customers into thinking that either your website, service, or product is a Chef website, service, or product, or that Chef has any direct relationship with your organization. For example: "FooCo Management Dashboard for Chef Inspec" is okay. "FooCo Chef" is not okay, nor is "FooCo Chef Automate Dashboard". In addition, your website may not copy the look and feel of any Chef website. Again, Chef does not want the visitor to your website to be confused with whom she/he is dealing. When in doubt, err on the side of providing more, rather than less, explanation and information.
|
||||
li MARKS AND MERCHANDISE: You must obtain prior written approval from Chef to use the Chef Marks in any merchandise. In general, permission to use a Chef Mark may be granted for those wishing to create merchandise that promotes Chef and the Chef community. Permission will typically be denied to merchandise that would detract, disparage, or insult Chef or the Chef community. (We hope this comes as no surprise.)
|
||||
li MODIFICATIONS: There is one additional broad category of things you can't do with the Chef Marks - produce modified versions of them. A modified mark also would raise the possibility of consumer confusion, thus violating Chef trademark rights (remember the overarching requirement that any use of a Chef Mark be non-confusing?).
|
||||
h4
|
||||
u UNAUTHORIZED USE OF THE CHEF MARKS
|
||||
p Unauthorized use of the Chef Marks or marks that are confusingly similar may constitute an infringement of Chef trademark rights and are strictly prohibited. The following are examples of unauthorized uses of the Chef Marks or company name "Chef Software":
|
||||
ul
|
||||
li
|
||||
u Use of Chef Marks in connection with third party marks:
|
||||
| Use of the Chef Marks in connection with or as part of company names, trademarks or logos is not allowed. Do not hyphenate Chef with your product name to create a new product name. You may not use or register, in whole or in part, Chef, Chef logos or any other Chef trademarks, including Chef -owned graphic symbols, icons or any alteration thereof, as part of your trademark, service mark, company name, trade name, product name or service name. You may not incorporate the Chef Marks into the name or logo of your website, domain name, Internet keywords, metatags, or trigger words to lead to a website or other Internet destination, product, business or service.
|
||||
li
|
||||
u Incorporation of all or a portion of a Chef Mark into a domain name:
|
||||
| You may not register a domain name or use a registered domain name that includes a Chef, or any marks that are phonetically equivalent to or confusingly similar to the Chef Marks.
|
||||
li
|
||||
u Damaging Use:
|
||||
| Use of the Chef Marks or any other Chef-owned graphic, symbol or logo in a manner that disparages Chef, the Chef project and community or its technology or damages the brand integrity, including use of the Chef Marks in a manner that is, in the opinion of Chef, offensive, defamatory, illegal or unethical.
|
||||
li
|
||||
u Confusingly similar marks:
|
||||
| You may not use trademarks, logos or other content that is confusingly similar to the Chef Marks, Chef-owned graphics, symbols or any logos ("Chef Brand Assets").
|
||||
li
|
||||
u Variations or abbreviations or combinations with any other marks:
|
||||
| You may not use variations, foreign language equivalent or abbreviation of the Chef Marks for any purpose.
|
||||
li
|
||||
u Endorsement or Sponsorship:
|
||||
| You may not use Chef Marks to imply approval, sponsorship, endorsement or affiliation of your company, website, products or services by Chef or the Chef project.
|
||||
p Please note that the preceding examples are illustrative rather than an exhaustive list of types of unauthorized uses of the Chef Marks. All rights not explicitly granted in this Policy are expressly reserved by Chef.
|
||||
h4
|
||||
u QUESTIONS AND REPORTING MISUSE OF THE CHEF MARKS
|
||||
p If You wish to obtain Chef permission for any uses above or for any other use which is not specifically addressed in this Policy or You became aware of unauthorized use of the Chef Marks, please contact <a href="mailto:marketing@chef.io">marketing@chef.io</a>. Please note that permission will only be granted under certain conditions and/or subject to You entering into an agreement with Chef to maintain the quality of the products and or services You offer.
|
||||
p Chef reserves the right to revoke the authorization at any time in its sole discretion. If Chef determines that Your use of a Chef Mark does not truthfully and accurately identify the inclusion of the applicable Chef technology or Your use is otherwise unacceptable or detrimental to Chef or outside the scope of this Policy or an applicable license, Chef will revoke the authorization. Upon revocation of the authorization You agree that You will immediately cease all use of the applicable Chef Mark.
|
||||
h4
|
||||
u ACKNOWLEDGEMENT
|
||||
p
|
||||
strong Nothing in this Trademark Policy shall be interpreted to allow any third party to claim any association with Chef or to imply any approval or support by Chef for any third party products or services.
|
||||
p
|
||||
strong You acknowledge and agree that Chef is the sole and exclusive owner of the Chef Marks and agree that You will do nothing inconsistent with such ownership either during the term of such use or afterwards. You agree that you will not acquire any rights in the Chef Marks and that any goodwill generated by your use of the Chef Marks inures solely to the benefit of Chef. You also agree that "Chef" is not descriptive or generic and you agree not to challenge Chef's rights in the Chef Marks, including but not limited to its trademark applications and registrations, on any grounds. You also ensure that Your use of the Chef Marks does not create any confusion as to the source of Your products, services and activities and those of the Chef community or Chef. You agree not to challenge Chef's rights in the Chef Marks, including but not limited to its trademark applications and registrations, on any grounds.
|
||||
p
|
||||
strong Thank you for caring about the Chef brand!
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