IUS Community Project End User Agreement v0.1 This agreement governs the download, installation or use of the Software (as defined below) and any updates to the Software, regardless of the delivery mechanism. The Software is a collective work under U.S. Copyright Law. Subject to the following terms, Rackspace grants to the user ("User") a license to this collective work. By downloading, installing or using the Software, User agrees to the terms of this agreement. - - - DEFINITIONS: IUS - Stands for "Inline with Upstream Stable". The "IUS Community Project" is an open project sponsored by Rackspace, and is NOT A SERVICE OF RACKSPACE. End User - The "End User" is defined as any person that willingly and lawfully subscribes to an IUS Software Repository in order to install Software via an IUS installation package. Also referred to as 'User'. Upstream Vendor - An "Upstream Vendor" is any software company or Individual software developer that is the known owner and responsible party for development and maintenance of the original source of the Software. Software - The "Software" is any piece of source code, compiled binaries, configuration files, documentation, library files, installation packages (i.e. RPM), etc. Some components of said Software may include additional License Agreements set forth by the Upstream Vendor that the End User must adhere to. System - A "System" is any computer system that is or may become the destination of and utilize the Software. - - - TECHNICAL SUPPORT: Rackspace is not obligated to provide support of any kind for use of the Software provided by The IUS Community Project. LIMITED WARRANTY. Except as specifically stated in this agreement or a license for a particular component, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE AND THE COMPONENTS ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Neither the IUS Community Project nor Rackspace warrants that the functions contained in the Software will meet User's requirements or that the operation of the Software will be entirely error free or appear precisely as described in the accompanying documentation. USE OF THE SOFTWARE IS AT USER'S OWN RISK. LIMITATION OF REMEDIES AND LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IUS COMMUNITY PROJECT AND RACKSPACE WILL NOT BE LIABLE TO USER FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE IUS COMMUNITY PROJECT OR RACKSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.