This web site and other sites operated under the direction of Rascal Micro, such as Shopify's store.rascalmicro.com (collectively known as the "Rascal Micro sites" or "sites") are offered to you on the condition that you agree to abide by, without modification, both the terms, conditions, and notices on this page (collectively, the "Terms of Use"), and the other legal statements found on the Rascal Micro sites. These include, but are not limited to, Rascal Micro's privacy policy, the forum guidelines, the liability disclaimer, and the store policies.
If you don't agree with all of the Terms of Use, you can't use the Rascal Micro sites. Your use of any Rascal Micro site constitutes your agreement to the Terms of Use. Seriously, these are the terms; if you don't like them, leave.
In the event that these Terms of Use conflict with other terms and guidelines contained within the Rascal Micro sites, the other terms and guidelines shall control.
Except where otherwise specified, the Rascal Micro sites are provided under the terms of the Attribution-ShareAlike 3.0 Unported variant of the Creative Commons Public License ("CCPL" or "License"). The sites are protected by copyright and/or other applicable law. Any use of the sites other than as authorized under this license or copyright law is prohibited.
Here's a partial list of the site elements that are not available under the Creative Commons Public License:
The names "Rascal Micro" and "Rascal" are trademarks of Rascal Micro LLC. They are not covered by the Creative Commons Public License.
The Shopify web store at store.rascalmicro.com is the property of Shopify and not covered by the Creative Commons Public License.
The forum software, PHPBB, is licensed under the GNU General Public License, version 2. (The posts in the forum are available under the Creative Commons Public License.)
The software available for download for use on the Rascal hardware is all available under various open source licenses. Full license information and source code downloads are available using the free OpenEmbedded build environment. See the Rascal software build guide for more information.
The Rascal Micro sites link to websites maintained by third parties. Because we have no control over those sites, you acknowledge and agree that we're not responsible for anything on or available through those sites.
Rascal Micro believes, but does not warrant or represent, that people who make information available on the web expect that the information will be publicly and widely available. Rascal Micro also believes, but does not warrant or represent, that making links to publicly accessible web pages is legally permissible and consistent with the common, customary expectations of those who make use of the web. As a side note, Rascal Micro holds such parties, institutions, and persons (collectively, "knuckleheads") who disagree with the freedom to link to publicly-available sites in very low regard.
Rascal Micro doesn't make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) which is requested to given to any third party or that the site is free from viruses or other potentially damaging programs. We obviously have a very strong interest in partnering with web stores and distributors who will treat your information securely, but just us wanting it doesn't make it so.
Rascal Micro reserves the right to deny at its sole discretion any user access to any Rascal Micro site or any portion thereof without notice.
As a condition of your use of the Rascal Micro sites, you won't use any Rascal Micro site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Rascal Micro sites in any manner that could overburden or impair any Rascal Micro server, or the network(s) connected to any Rascal Micro server, or interfere with any other party's use and enjoyment of any of the Rascal Micro sites or services thereunder. You may not attempt to gain unauthorized access to any non-public portion of the Rascal Micro sites. You may not obtain or attempt to obtain access to any information not intentionally made available to the public through the Rascal Micro sites except as authorized by Rascal Micro.
Rascal Micro does not want to receive confidential or proprietary information from you through the Rascal Micro sites unless specifically requested by Rascal Micro and on a secure web page. Except where expressly provided otherwise by Rascal Micro, all information submitted to Rascal Micro shall be considered non-confidential and Rascal Micro's property. By submitting information to Rascal Micro, you agree to a no-charge assignment to Rascal Micro of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information.
Rascal Micro makes no representations about the suitability, reliability, timeliness, or accuracy of the information contained on any Rascal Micro site for any purpose. All such information is provided "as is" without warranty of any kind. Rascal Micro hereby disclaims all warranties and conditions with regard to the information, including all implied warranties and conditions of security, merchantability, fitness for a particular purpose, title, and non-infringement.
Rascal Micro makes no warranty that (1) any Rascal Micro site will meet your requirements, (2) the information on any Rascal Micro site will be timely or error-free, (3) the quality of any products, services, information, or other material purchased or obtained by you through any Rascal Micro site will meet your expectations, and (4) any errors in any Rascal Micro site will be corrected.
In no event shall Rascal Micro be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with (i) the improper and/or illegal use of products purchased through the Rascal Micro site or (ii) modifications made to products purchased through the Rascal Micro site or (iii) the use or performance of any Rascal Micro site; (iv) the delay or inability to use any Rascal Micro site; (v) the provision of or failure to provide any service; (vi) the information, software, products, or services obtained through any Rascal Micro site, (vii) any Rascal Micro site or otherwise arising out of the use of any Rascal Micro site, whether based on contract, tort, strict liability, or otherwise, even if Rascal Micro or any of its suppliers has been advised of the possibility of damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of any Rascal Micro site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using such Rascal Micro site.
Rascal Micro reserves the right to change these Terms of Use at any time. All changes to these Terms of Use and the Rascal Micro sites shall be effective immediately. You are responsible for regularly reviewing these Terms of Use. Continued use of any Rascal Micro site following changes shall constitute your acceptance of the changes.
Rascal Micro reserves the right to make any changes to any Rascal Micro site at its sole discretion without telling you. Rascal Micro reserves the right to deny access to any Rascal Micro site to anyone at anytime.
Your access to and use of the Rascal Micro sites is governed by the laws of the Commonwealth of Massachusetts, USA. You consent to the exclusive jurisdiction and venue of courts in the Commonwealth of Massachusetts in all disputes arising out of or relating to the use of the Rascal Micro sites or use of Rascal Micro products. Use of the Rascal Micro site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between the you and Rascal Micro as a result of these Terms of Use or the use of any Rascal Micro site. You agree not to hold himself or herself out as a representative, agent, or employee of Rascal Micro.
Of course, Rascal Micro's obligations under these Terms of Use is subject to existing laws and legal process and nothing contained in these Terms of Use is in derogation of Rascal Micro's right to comply with law enforcement requests or requirements relating to your use of any Rascal Micro site or any information provided to or gathered by Rascal Micro with respect to such use. While Rascal Micro views the recent gutting of the Foreign Intelligence Surveillance Act of 1978 as an abrogation of liberty, we're trying to run a business here. We'll tell the cops your IP address with no more resistance than is legally permissible, but we won't be happy about it.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
These Terms of Use and the documents linked in the opening constitute the entire agreement between you and Rascal Micro with respect to the Rascal Micro sites. They supersedes all prior or contemporaneous communications and proposals between the you and Rascal Micro.
Contact milo at rascalmicro dot com with questions about any Rascal Micro site.