# NuGet Website Terms of Use

## Legal Notices

The NuGet Website [http://nuget.org](http://nuget.org) (the "Website") is provided by the .NET Foundation (".NET Foundation") as a public service to our users. Please carefully review the following basic rules that govern your use of the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the Website, provide any materials to the site or download any materials from it. .NET Foundation reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use the Website. These Terms of Use apply to the use of Website and do not extend to any linked third-party websites. These Terms of Use and our Privacy Statement, which is hereby incorporated by reference, contain the entire agreement between .NET Foundation and you with respect to this site. Any rights not expressly granted herein are reserved.

## Permitted and Prohibited Uses

You may use the Website for the sole purpose of sharing and obtaining NuGet packages. You may not use the Website to violate any applicable laws, including without limitation any U.S. laws, rules, or regulations governing the export or re-export of commodities or technical data. You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of a confidentiality obligation on your part. You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website. Your are strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

## User Submissions

.NET Foundation does not want to receive confidential or proprietary information from you through your use of the Website. Any material, information, or other communication you transmit or post ("Communications") to the Website will be considered non-confidential and non-proprietary, and .NET Foundation will be under no obligation of any kind with respect to such information. .NET Foundation will be free to reproduce, make derivative works from, use, disclose, and distribute the Communications to others without limitation. At our sole election, we may provide authorship attribution by listing your name. The foregoing, however, shall not apply to any NuGet packages that you share using the Website, which will be governed by, and will be treated by .NET Foundation in accordance with, their respective license terms if included.

## User Discussion Forums

.NET Foundation may, but is not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards, contact forms, or other user forums, and the content of any such communications. .NET Foundation, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. .NET Foundation may edit or remove content on the Website at its discretion at any time.

## Use of Personally Identifiable Information

Information submitted to the Web site is governed by .NET Foundation’s then-current Privacy Statement.

You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to restrict you from any and all current and future use of the Website.

Although sections of the Website may be viewed simply by visiting the Website, in order to access some content and/or additional features offered at the site, you may need to register as a member. If you create an account on the site, you may be asked to supply your name and address as well as a User ID and password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this Website using your account or User ID. You grant .NET Foundation, its affiliated companies, and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and in the provision of services to you. .NET Foundation cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Web site. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Statement.

## Indemnification

You agree to defend, indemnify and hold harmless .NET Foundation and its employees, directors, officers, affiliated companies, agents, vendors, and suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property right or other right of any person or entity.

## Termination

These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease all use of the Website. If you are dissatisfied with the Website, its content, or any of these terms, conditions, or policies, your sole legal remedy is to discontinue using the Website. We reserve the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use is (i) in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where we have reason to believe that you are in violation of these Terms of Use.

## WARRANTY DISCLAIMER

THE WEBSITE AND ANY ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, .NET FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. .NET FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. .NET FOUNDATION MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.

IN NO EVENT SHALL .NET FOUNDATION OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF, OR INABILITY TO USE THE WEBSITE, EVEN IF .NET FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. .NET FOUNDATION SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED, OR REFERENCED IN OR APPEARING ON THE SITE. YOUR PARTICIPATION IN THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM .NET FOUNDATION OR THROUGH .NET FOUNDATION, ITS EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

## Liability Limitation

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL .NET FOUNDATION OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE NUGET GALLERY WEB  SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF .NET FOUNDATION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

.NET FOUNDATION'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED TWENTY-FIVE THOUSAND U.S. DOLLARS ($25,000.00). YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT .NET FOUNDATION WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.

## General

.NET Foundation is based in the United States. .NET Foundation makes no claims that content on the Website is appropriate or may be downloaded outside of the United States. Access to content on the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed in all respects by the laws of the State of Delaware, excluding Delaware's conflicts of laws provisions. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of .NET Foundation to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit .NET Foundation’s rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to these Terms of Use or your use of the Website must be brought in the state or federal courts of the State of California, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. These Terms of Use set forth the entire understanding and agreement of the parties, and supersede any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of these Terms of Use shall not be construed as a waiver of any other or subsequent breach.

## Links to Other Materials

The Website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that .NET Foundation offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of such sites, their content, or the companies or products referenced therein, and .NET Foundation reserves the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third-party sites linked to from the Website, you do so entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

## Notification of Possible Copyright Infringement

In the event you believe that material or content published on the Website may infringe your copyright or that of another, please utilize the ‘Report Abuse’ link on the Website, and provide details of the possible infringement in the abuse report.

