Terms of Use
1. Introduction
1.1 The pInvoke website (the "Site") is a wiki, and so is designed to be edited and added to by anyone who wants to do so. Whether you want to contribute to or edit the Site, use the source code added to it by other users, or simply spend some time reading its contents, you should make sure that you have read and understood these Terms of Use.

1.2 If you want to contribute to or edit the Site, you should pay particular attention to Section 3 and Section 5 of the Terms of Use.

1.3 If you want to use some of the source code added to the Site by other users, you should make sure that you have understood Section 4 and Section 5 of the Terms of Use.

1.4 By using the Site, whether by contributing to, editing or simply visiting the Site, you agree to these Terms of Use.

1.5 The Site is owned and operated by Red Gate Software Limited ("Red Gate"), and is hosted in the United Kingdom on Red Gate's behalf. Red Gate is a company registered in the United Kingdom with company number 03857576, with its registered office at Red Gate Software, Newnham House, Cambridge Business Park, Cambridge, CB4 0WZ, United Kingdom. If you have any questions, comments or queries on the Site, please let us know by contacting us at support@red-gate.com.

1.6 Red Gate accepts no obligation to monitor the use of the Site. However, Red Gate reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these Terms of Use or any breach of applicable law or regulation. Red Gate will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

2. Your use of the Site
2.1 You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations. You must not use the Site to:

post, upload or otherwise transmit information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise unlawful;
upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;
download any file, source code or materials posted by another user that you know, or reasonably should know, cannot be copied or otherwise used;
harass, stalk, threaten or otherwise violate the rights of others;
harm or threaten to cause harm to minors;
impersonate anyone else or otherwise misrepresent your identity or status;
hack into the Site or any other related computer system, make excessive traffic demands, deliver viruses or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Red Gate or any third party;
collect and process others’ personal data; or
advertise or offer to sell goods or services.
3. If you want to contribute to or edit the Site
3.1 You are free to contribute to or edit the content of the Site, provided you do so in accordance with these Terms of Use.

3.2 If you contribute to or edit the Site, you must take all reasonable care to ensure that your contributions and edits are:

accurate in all material respects and not misleading;
not defamatory, obscene, offensive, discriminatory or otherwise unlawful; and
otherwise in compliance with Section 2
3.3 If you contribute source code to the Site, or edit source code provided on the Site by another Site user, you agree that any other person using the Site can copy, use, adapt, modify and distribute that source code, provided they do so in accordance with the terms of the licence set out in this Section 3.

3.4 By contributing source code to the Site, or editing source code provided on the Site by another Site user, you automatically grant a non-exclusive, perpetual, worldwide and irrevocable licence, with a right to sub-license, to any other person who wants such a licence to copy, use, adapt, modify or distribute that source code as they see fit, provided that the source code may not be used in any unlawful, defamatory, obscene, offensive or discriminatory way.

4. If you want to use source code or other materials on the Site
4.1 You are free to copy, use, modify or distribute any source code contributions available on the Site for commercial or non-commercial purposes, provided that you do so in accordance with the terms of Section 3. By copying, using, modifying or distributing any of that source code, whether in whole or in part, you agree to be bound by the terms of the licence in paragraph 3.4 and all other applicable sections of these Terms of Use.

4.2 You should ensure that you read and understand all of these Terms of Use before you copy, use, modify or distribute any of the source code available on the Site.

4.3 The Site also contains materials, other than source code, which have been contributed by users of the Site. These materials include, for example, notes and remarks on source code contributions. You are not permitted to copy or use any of those materials for any purpose, provided that you may print a copy of any page of the Site for your personal, non-commercial use.

4.4 The underlying source code is comprised of some FlexWiki open source ("FlexWiki Source Code") and some source code which is proprietary to Red Gate (the "Red Gate Source Code"). The FlexWiki Source Code is subject to the terms of the licence available at http://www.flexwiki.com/default.aspx/FlexWiki/FlexWikiLicense.html. Please note that the FlexWiki Source Code is provided on an "as is" basis, without warranties, and subject to a limitation of liability set out in the FlexWiki licence.

4.5 You are not permitted to access, reverse engineer, decompile or otherwise use the Red Gate Source Code. The Red Gate Source Code, and all intellectual property rights in and relating to the Red Gate Source Code, are owned by Red Gate.

4.6 Any material contained in the Site, other than any source code, advice, recommendation, opinion or other information made available on the Site by a user, (the "Red Gate Materials") and all intellectual property rights in the Red Gate Materials are either owned by Red Gate or have been licensed to Red Gate by the rights owner(s) so that Red Gate can use those Red Gate Materials as part of the Site. You are only allowed to use the Site, the Red Gate Materials and any intellectual property rights in them on the basis set out in these Term of Use.

4.7 You are not permitted to copy or use any of the Red Gate Materials for any purpose, provided that you may print a copy of any page of the Site for your personal, non-commercial use.

5. Disclaimer
General
5.1 Red Gate does not, and nothing in these Terms of Use shall act to, exclude or limit Red Gate's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. Your statutory rights as a consumer are not affected by any of these terms.

5.2 Subject to the paragraph 5.1, in no event shall Red Gate be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.

5.3 Subject to paragraphs 5.1 and 5.2, Red Gate's liability to you whether in contract, tort or otherwise, is limited to £250.

No warranty
5.4 You agree that your use of the Site, and any source code, advice, recommendation, opinion or other information made available on the Site ("Site Information"), is on an “as is” and “as available” basis and that your use of the Site and any Site Information is at your sole risk. On that basis, except as expressly set out in these Terms of Use, Red Gate does not enter into conditions, warranties or other terms in relation to the Site or Site Information (including any implied term relating to quality or fitness for a particular purpose).

Viruses
5.5 Where you wish to use any source code made available on this Site, you agree that it is solely your responsibility to check and test any such source code for the presence of bugs, viruses, worms, Trojan horses, drop-dead devices, locks or any other item or thing which is or may be designed to disrupt, destroy, invade, gain unauthorised access to, corrupt, monitor, observe, or modify any computer system or which otherwise may have an adverse effect upon the any computer system.

5.6 You agree that the obtaining of any material through the use of the Site is carried out at your own risk and that Red Gate has no liability to you in respect of such material or the effects of such material.

Links
5.7 The Site may include links to external sites and co-branded pages. Red Gate has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Red Gate is not responsible for the content of these site and pages or for anything provided by them.

5.8 Red Gate is not liable for any action you may take as a result of relying on any information (including source code) provided in this Site.

6. Suspension of the Site
6.1 Red Gate may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.

7. Cookies and IP addresses
7.1 The Site uses cookies (files which are sent by us to your computer) which Red Gate can access when you visit the Site in future. Cookies are used to assist in the functioning of the Site. You can delete the cookies on your computer by locating the file or directory which stores cookies. There is more information about controlling or deleting cookies at www.aboutcookies.org.

7.2 Red Gate will store the IP address of the computer you use to access the Site in a log file. Red Gate will not use those IP address for any other purpose.

8. Blocking access and removing Site content
8.1 Red Gate may, in its absolute discretion:

block you from using the Site where Red Gate considers that you have made any contribution to the Site which is misleading, defamatory, obscene, offensive, discriminatory or otherwise unlawful, or where you have otherwise breached these Terms of Use; and / or
remove from the Site any posting made by you which Red Gate considers to be misleading, defamatory, obscene, offensive, discriminatory, materially in accurate or otherwise unlawful or in breach of these Terms of Use.
9. General and governing law
9.1 Red Gate may change these Terms of Use from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing, contributing to or editing the Site you are accepting that you are bound by the current Terms of Use. You should check these each time you revisit the Site. These Terms of Use form the entire understanding between you and Red Gate and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these Terms of Use is found to be unenforceable, this shall not affect the validity of any other provision. Red Gate may delay enforcing its rights under these terms and conditions without losing them. You agree that Red Gate may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

9.2 Red Gate will not be liable to you for any breach of these terms and conditions which arises because of any circumstances which Red Gate cannot reasonably be expected to control.

9.3 These Terms of Use shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

Last amended: 6th January 2014