Livepatch Terms of Service

1. Introduction

These Terms of Service cover the provision of Canonical's Livepatch Service (the "Service") for the Livepatch software ("Software") by Canonical Group Limited ("Canonical", "us", "our" or "we") to you ("you" or "your") subject to and in accordance with these Terms of Service. Please read these Terms of Service carefully before you use the Service. By using the Service, you agree to become bound by these Terms of Service.

If you have an executed agreement with a Canonical group company which includes a licence to the Software your use of the Software is governed by that agreement. Otherwise, these Terms of Service and the Livepatch licence will apply.

If you are entering into these Terms of Service on behalf of a company or legal entity, you represent that you have authority to bind such company or legal entity, its officers, employees and agents and all users who access the Service through the account, to these Terms of Service. "you" and "your" shall refer to the company or legal entity and such users. If you do not have such authority do not accept these Terms of Service.

You must be at least 13 years old to use the Service. If you are between age 13 and 18, you confirm that you have your parent's or legal guardian's consent to use the Services and that they have read and agreed to these Terms of Service.

Canonical may update these Terms of Service from time to time in its discretion.

2. Service

Details about the Service can be found here: www.ubuntu.com/server/livepatch

The Service provides users of Ubuntu with a subscription to use the Software on up to three physical or virtual Ubuntu systems and to make a reasonable number of copies of this software for backup and installation purposes.

3. Account

You will need a Single Sign On Ubuntu One account to access and use the Service.

We reserve the right to reject your request for an account or to immediately cancel or suspend your account and your use of the Services at any time if you do not comply with the following requirements. You must not attempt to create an account or use the Service if doing so would violate these Terms of Service. You must:

  • have an SSO account
  • not use the Software for more than three physical or virtual Ubuntu systems
  • not use the Service for illegal or unauthorised purposes (or which encourage or permit illegal or authorised purposes), in infringement of a third party's' rights or otherwise in accordance with these Terms of Service
  • not be located in or use the Services in an OFAC/EAR embargoed or sanctioned country or be on the U.S. Commerce Department's Denied Persons List, Entity List, or Unverified List

If you do not have an account you will need to create one. You are responsible for choosing an appropriate password for your accounts and for keeping such password secure. Canonical will not ask you for your password and you should not reveal it to anyone. You are responsible for keeping your account details up to date.

4. End of Service

We look forward to providing you with the Service for so long as you wish to receive it. However, there are some circumstances under which the Service may be suspended or terminated:

  • we cease to make the Service (or any part thereof) available
  • by us at any time as described in Section 3 above

We may also cease to offer the services for any other reason, in which case we will provide you with notice on your account page.

5. Intellectual property

You have a non-exclusive, non-transferable (to the extent permitted by law) right to view, access and use the Services for such time as it is made available by us strictly in accordance with these Terms of Service.

You will not acquire any rights to the Service (or the intellectual property rights contained therein) from your use of the Service, other than as set out in these Terms of Service.

6. Personal data

In order to provide the Service to you, you will be required to provide information about yourself such as your name and email address. Any such information you provide to Canonical must always be accurate, correct and up to date.

Our Privacy Policy explain how we treat your personal data and protect your privacy when using our services. In addition, if you use the Service for more than three physical or virtual Ubuntu systems Canonical may contact you directly, using the SSO account details provided, to discuss ongoing support requirements.

We may also collect certain non-personally-identifiable information, which is located on your computer. The information collected may include statistics relating to how often data is transferred, and performance metrics in relation to software and configuration. You agree this information may be retained and used by Canonical.

Canonical may disclose any or all personal data and content you have sent, posted or published if required to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. All other use of your personal data is subject to the Privacy Policy.

7. Liability

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without warranty of any kind.

In the case of the Software and Service provided by Canonical, the Software and Service is provided "as is" and, other than as expressly set out in these Terms of Service. All warranties (whether express, implied, statutory or otherwise) in respect of the Software and Service are expressly excluded to the maximum extent permitted by law.

Canonical will provide the Service with reasonable care and skill, and Canonical will use reasonable efforts to ensure the availability of the Service, but makes no guarantee that the Service will be available without interruption or will be error-free.

Canonical will not be liable in contract, tort or otherwise for any: indirect or consequential loss; loss of profits; loss of revenue; loss of anticipated savings; loss of business or business opportunity; loss of goodwill; or loss of or corruption to data. Otherwise, Canonical's total liability in contract, tort or otherwise for any claims is limited to £10.

Nothing in these Terms of Service will exclude or limit Canonical's liability for: death or personal injury caused by the negligence of Canonical; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by law.

8. General

These Terms of Service are governed by the laws of England and any dispute will be heard by the courts in England.

Failure by Canonical to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. The terms of these Terms of Service do not affect your statutory rights.

Any notices should be sent by registered post to:

Canonical Group Limited,
5th Floor, Blue Fin Building,
110 Southwark Street,
London, SE1 0SU.

Version: 21 November 2016