Terms of Use

Introduction

This policy defines the terms and conditions of use for users of Akka's website and web properties.

Scope

This policy applies to all web sites owned by Akka.

Definitions

Please see the Policy Definitions document distributed with this policy for the definition of terms and abbreviations

Referenced Policies

1. Terms of Use

1.1 Terms and Conditions of Use

Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this web site. By using this web site, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, then do not use this web site.

Lightbend, Inc. (d.b.a "Akka") maintains this web site as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

1.2 Copyright and Trademark Information

Copyright © 2016 Lightbend, Inc. All rights reserved. This web site, and the information which it contains, is the property of Akka and its affiliates and licensors, and is protected from unauthorized copying and dissemination by copyright laws, trademark laws, international conventions and other intellectual property laws. All other product names that are not owned by Akka are trademarks or registered trademarks of their respective owners.

1.3 Use of Akka Web Site and Its Content

The information contained in this web site is for general guidance on topics selected by Akka. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this web site.

Akka may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this web site, you agree to indemnify, hold harmless and defend Akka from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web site in violation of these terms.

No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Akka authorizes you to view, copy, download, and print Akka documents (such as white papers, press releases, data sheets, and FAQs) that are available on this web site, subject to the following conditions:

The documents may be used solely for noncommercial, informational purposes.
The documents may not be modified.
Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Akka or such third party that may own the trademark or copyright of material displayed on this web site.

Notwithstanding anything to the contrary above, copy or use of any software made available for download from this website shall be subject to the license agreement associated with such software.

1.4 Accuracy of Content and Future Modifications to Web Site

The information on this web site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. Akka reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.

1.5 Standards of User Conduct

You may not use this web site and its related services (the "Site") to:

transmit via or through the Site any information, data, text, images, files, links, software, chat, communication or other materials ("Content") that is or which Akka considers in its sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable Content;
sell or promote any products or services that are unlawful in the location at which the Content is posted or received;
sell or promote controlled pharmaceutical substances, tobacco, firearms, or alcoholic beverages;

introduce viruses, worms, Trojan horses and/or harmful code on the Internet; display material that exploits, or otherwise exploit, children under 18 years of age;

post any Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
promote, solicit or participate in multi-level marketing or pyramid schemes;
harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
impersonate any other person, including but not limited to, an Akka official, expert or bulletin board leader, guide or host;
post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age);
post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including with limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; or invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
These are some, though not all, of the activities that may result in removal of Content which you post to the Site and/or the termination of your access to the Site.

1.6 No Warranties

Information and documents, including software and product specifications, provided on this web site are provided "as is." specifically, but without limitation, Akka does not warrant that: (i) the information on this web site is correct, accurate, reliable or complete; (ii) the functions contained on this web site will be uninterrupted or error-free; (iii) defects will be corrected, or (iv) this web site or the server(s) that makes it available are free of viruses or other harmful components.

Product descriptions and specifications are subject to change. Akka periodically adds or updates the information and documents on this web site without notice.

It is the user's responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.

1.7 Availability of Products and Services Mentioned

Information that Akka publishes on this web site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Akka intends to announce or make available such products or services to the general public, or in your country. Consult your Akka account representative to determine which products and services may be available to you.

1.8 Limitation of Liability

Under no circumstances shall Akka be liable for any incidental, special, consequential, exemplary, multiple or other indirect damages that result from the use of, or the inability to use, this web site or the information contained on this web site, even if Akka has been advised of the possibility of such damages. In no event shall Akka 's total liability to you for all damages, losses, and causes of action resulting from your use of this web site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amounts you paid to Akka during the most recent three-month period in connection with amounts which you paid for using this web site.

1.9 Links to Third-Party Web Sites

This web site may contain links to non-Akka web sites. These links are provided to you as a convenience, and Akka is not responsible for the content of any linked web site. Any outside web site accessed from the Akka web site is independent from Akka, and Akka has no control over the content of that web site. In addition, a link to any non-Akka web site does not imply that Akka endorses or accepts any responsibility for the content or use of such a website.

1.10 No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Akka of that third party or of any product or service provided by a third party.

1.11 Jurisdictional Issues

Akka makes no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

1.12 Submissions to Akka and Affiliated Servers

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Akka through this web site is the exclusive property of Akka. Akka is entitled to use any information submitted for any purpose, without restriction (except as stated in Akka’s Privacy Policy) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Akka and accepts responsibility for its accuracy, appropriateness, and legality.

1.13 Enforcement of Terms and Conditions

These Terms and conditions are governed and interpreted pursuant to the laws of the Commonwealth of Delaware, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Delaware, U.S.A. before a single arbitrator under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Akka shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Delaware or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Akka may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

1.14 Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Akka, as described above.

2. Trademarks

2.1 Trademarks Rationale

Trademarks, service marks, and graphics marks of Akka are symbols of the quality and community support that people have come to associate with the Akka, Kalix and Scala projects and other projects of Lightbend, Inc. (d.b.a. “Akka”).

To ensure that the use of Akka marks will not lead to confusion about our software, we must control their use in association with software and related services by other companies. Also, we have a legal responsibility and the authority to set guidelines for the use of our marks.

Akka and its software must be clearly distinguishable from any software that competes with Akka software.

Our marks must not be used to disparage Akka, our projects, or communities, nor be used in any way to imply ownership, endorsement, or sponsorship of any related project or initiative of any kind.

2.2 Description of Key Trademark Principles

This document is not intended to summarize the complex law of trademarks. It will be useful, however, to understand the following key principles:

What is a trademark?

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this policy document, the terms "trademark" and "mark" refer to both trademarks and service marks.

These rules are generalized to describe Akka software associated with the trademark "Akka", when it is understood to refer to this specific Akka software.

Akka's trademarks are either words (e.g., "Akka") or graphic logos that are intended to serve as trademarks for that Akka software.

What is nominative use?

Anyone can use Akka trademarks if that use of the trademark is nominative. The "nominative use" (or "nominative fair use") defense to trademark infringement is a legal doctrine that authorizes everyone (even commercial companies) to use another person's trademark as long as three requirements are met:

The product or service in question must be one not readily identifiable without use of the trademark; (for example, it is not easy to identify Akka software without using the trademark "Akka")

Only so much of the mark or marks may be used as is reasonably necessary to identify the product or service; and

The organization using the mark must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder.

The trademark nominative fair use defense is intended to encourage people to refer to trademarked goods and services by using the trademark itself. This trademark defense has nothing to do with copyright fair use and should not be confused with those rules.

What is the "confusing similarity" or "likelihood of confusion" test?

Some uses of another person's trademark are nominative fair use, but some uses are simply infringing. Indeed, if a trademark is used in such a way that the relevant consuming public will likely be confused or mistaken about the source of a product or service sold or provided using the mark in question, then likelihood of confusion exists and the mark has been infringed.

Note that, even if there is no likelihood of confusion, you may still be liable for using another company's trademark if you are blurring or tarnishing their mark under the state and/or federal dilution laws.

To avoid infringing Akka's marks, you should verify that your use of our marks is nominative and that you are not likely to confuse software consumers that your software is the same as Akka's software or is endorsed by Akka. This policy is already summarized in section 6 of the Apache Software License, and so it is a condition for your use of Akka software:

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.

2.3 Specific Guidelines

The following Specific Guidelines apply to the "Akka" word trademark, as well as the other trademarks..

Examples of permitted nominative fair use:

" Free copies of Akka software under the Apache License and support services for Akka software are available at my own company website. "

" Derivative works of Akka software and support services for those derivative works are available under my own trademarks at my website. "

Please remember that, under trademark law, you may not apply trademarks to your derivative works of Akka software that are confusingly similar to "Akka".

" Akka software is faster (or slower) than Myco software. "

" I recommend (or don't recommend) Akka software for your business. "

Using Akka trademarks in book and article titles:

You may write about Akka software, and use our trademarks in book or article titles. You needn't ask us for permission to refer to Akka, as in "Akka for Dummies", or "Explaining Akka", or " Scala Simplified", or "O'Reilly Guide to Akka", or even "Avoiding Akka".

Using Akka trademarks on merchandise:

You must obtain prior written approval from the VP, Marketing to apply the "Akka" trademarks to any merchandise that is intended to be associated in people's minds with any Akka software.

Using Akka trademarks in domain names.

You may not use Akka trademarks such as "Akka" in your own domain names if that use would be likely to confuse a relevant consumer about the source of software or services provided through your website, without written approval of the VP, Marketing. You should apply the "likelihood of confusion" test described above, and please realize that the use of Akka trademarks in your domain names is generally not "nominative fair use."

2.4 Important Note

Nothing in this Akka policy statement shall be interpreted to allow any third party to claim any association with Akka or any of its projects or to imply any approval or support by Akka for any third party products or services.

3. Cookies

3.1 Cookie Introduction

Our Site uses technologies that enhance user friendliness and engagement, to keep the website operating as smoothly as possible and to provide web services and functionalities for each visitor. Examples of these technologies are cookies, pixel tags, local storage and scripts (hereinafter collectively referred to as "cookies").

Cookies may be either "persistent" cookies or "session" cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the visitor before the expiry date). A session cookie, on the other hand, will expire at the end of the visitor session, when the web browser is closed.

This policy describes the options available to you how to manage your cookies, which cookies we use and for what purposes we use them.

3.2 How to Manage Cookies

If you do not want our websites to store cookies on your computer or mobile device, you can change your browser settings so that you receive a warning before certain cookies are stored. You can also adjust your settings so that your browser refuses most of our cookies or only certain cookies. You can also withdraw your consent to cookies by deleting the cookies that have already been stored.

Please be aware that if you do not want to accept any cookies, we cannot guarantee that our website will function properly. It may be that several functions will be unavailable to you or that you will even be unable to view certain parts of the website

Please note that you will have to change your settings for each browser and device you use. The procedures for changing your settings and cookies differ from browser to browser if necessary, use the help function on your browser or click on one of the links below to go directly to the use manual for your browser:

There are also software products available that can manage cookies for you.

To find out more about cookies, including how to see what cookies have been set and how to manage or delete them, visit All About Cookies.org.

Because we respect your right to privacy, you can choose not to allow some types of cookies. Below is a list of the cookies that get set on the lightbend.com domain. Blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Akka Terms of Use