SambaNova Developer Community Terms of Use

Welcome
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The following terms and conditions (“Terms of Use”) constitute an agreement between you, your employer, employees, agents, contractors and any other entity on whose behalf you accept these terms (“you” and “your”), and SambaNova Systems, Inc. (including our affiliates, “SambaNova,” “we,” “us,” and “our”). These Terms of Use apply to our SambaNova Developer Community. By accessing, posting on or using the Community, you represent that you have read and understood, and agree to be bound by these Terms of Use. If you do not agree with the Terms of Use, you may not access or use the Community.

  1. Account. In order to access or use the Community, you may be required to register for an account and/or fulfill other eligibility requirements determined from time to time in our discretion. You agree to provide accurate, complete, and up-to-date information during the registration process. You are responsible for maintaining the confidentiality and security of your account and password (if applicable), and you agree to notify us immediately of any unauthorized use of your account or password, or any change in your eligibility to access the Community.

  2. Content. You are solely responsible for any content, including without limitation, text, images, videos, links, software, code, files, or feedback (“User Content”) that you create, upload, or otherwise share with or on the Community, with other users of the Community, and/or with us regarding the Community. You agree to be responsible for your User Content and to ensure that your User Content does not violate any third party rights, these Terms of Use or any applicable laws. By creating, sharing, or interacting with User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Community and our business, including but not limited to promoting the Community and creating derivative works.

  3. Content Restrictions. Without limiting the generality of the preceding paragraph, you agree that you will not:

    1. Post or share any User Content that is illegal, harmful, threatening, abusive, exploitative, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

    2. Post or share any User Content that infringes on the intellectual property rights of others, including but not limited to copyright, trademark, and patent rights;

    3. Post or share any User Content that is commercial in nature, including but not limited to advertisements, solicitations, or spam;

    4. Post or share any verifiably false information with the purpose of harming others;

    5. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; or

    6. Post or share any User Content that contains viruses, malware, or other harmful code.

  4. Moderation. We reserve the right to moderate the Community and remove any User Content that we deem, in our sole and absolute discretion, to be in violation of these Terms of Use or otherwise inappropriate. We also reserve the right to suspend or terminate your account and/or take all other remedies available to us if you violate these Terms of Use.

  5. No Warranty. The Community is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

  6. LIMITATION OF LIABILITY. 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 SAMBANOVA BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THE COMMUNITY OR OUT OF THE ACCESS TO OR USE OR INABILITY TO ACCESS OR USE THE COMMUNITY (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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  7. Indemnity. You will defend, indemnify and hold harmless SambaNova and our agents from and against any claims, losses, and expenses (including attorneys’ fees) arising from or related to your access to or use of the Community or your breach of these Terms of Use.

  8. Amendments. We may modify or amend these Terms of Use from time to time by publishing a revised version. Your continued access or use of the Community after any changes is subject to the most current version of these Terms of Use. You are responsible for reviewing and agreeing to the then current Terms of Use prior to each time you access or use the Community.