Difference between revisions of "OSGEO Website Terms of Service"
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Terms of service
Terms of service
Revision as of 08:18, 6 March 2006
(Now posted so we don't need this page anymore)
Terms of service
IMPORTANT: BY ACCESSING, BROWSING OR USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. Description of Service
This website (the "Site") is a service provided by CollabNet, Inc. ("CollabNet") and the Open Source Geospatial Foundation (“OSGEO”), on the CollabNet® environment (the "CollabNet Software"). The CollabNet Software and the application services provided by the CollabNet Software (collectively, the "Service") is for the use of registered developers, employees and other users of the Site (each a “User” or “You”), but only for the purpose of work relating to the open source software development projects hosted on the Site. This Site also contains information, communications, documentation, images and other content (collectively, “Content”), as well as software other than the CollabNet Software (“Software”).
2. Grant of License to Service and CollabNet Software
Subject to the terms and conditions set forth in these Terms of Service ("TOS"), CollabNet, OSGEO and their affiliates and content suppliers (collectively, "Site Providers") grant You an individual, personal, non-exclusive, non-transferable, and revocable license to use the Service offered through the Site, including the CollabNet Software. The Site Providers may revoke your the license to the Service and CollabNet Software at any time. Any rights not expressly granted herein by Site Providers are reserved.
You acknowledge and agree that You will not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the underlying source code or underlying ideas or algorithms of the CollabNet Software; (ii) modify, translate, or create derivative works based on the CollabNet Software; (iii) rent, lease, distribute, sell, resell or assign, or otherwise transfer rights to the CollabNet Software; or (iv) remove any proprietary notices in the CollabNet Software. You acknowledge and agree that the CollabNet Software includes the valuable proprietary and trade secret information and property of CollabNet or its licensors. Title, ownership rights and intellectual property rights, including but not limited to, copyright and patent rights in the CollabNet Software shall remain in CollabNet and/or its licensors. You acknowledge the ownership and intellectual property rights of CollabNet and will not take any action to jeopardize, limit or interfere in any manner with CollabNet's or its licensors' ownership of or rights with respect to the CollabNet Software. The CollabNet Software is protected by copyright law and other intellectual property laws and by international treaties.
3. Other Licenses
This Site contains other license(s) applicable to the Software and Content on this Site ("Other License(s)"). You agree to abide by the terms of any such Other License(s). In the event of any conflict between certain provisions of the Other License(s) and the TOS, the applicable provisions of the Other License(s) shall prevail.
a) Unless otherwise indicated with respect to particular Content, all Content on this site is made available under the Creative Commons Attribution-ShareAlike License. A summary of this license is available at the following web address: http://creativecommons.org/licenses/by-sa/2.5/. The complete terms of the license may be viewed at: http://creativecommons.org/licenses/by-sa/2.5/legalcode.
b) All Software is made available under a license certified by the Open Source Initiative (OSI). Please consult the license guidelines applicable to the relevant project to determine which OSI-certified license applies to the Software in question.
4. Contributions to this Site
You are responsible for the content of any comments, information, questions, data, computer code or programs, feedback, ideas, descriptions of processes or other information submitted through the Site by You, including its legality, reliability, appropriateness, originality, patent and copyright. You may only submit to the Site content that is (i) owned by You, (ii) submitted with the express written permission of the owner, or (iii) in the public domain. The Site Providers do not want to receive confidential information from you through this Site. ANY INFORMATION OR MATERIAL SENT TO THIS SITE WILL BE DEEMED NOT TO BE CONFIDENTIAL.
Your submissions of software that are contributions to open source software projects hosted on the Site shall be made only pursuant to a valid and effective Contributor Agreement used for the applicable development project and found elsewhere on this Site. In the absence of a Contributor Agreement, You agree that all software, information and other material including, without limitation, ideas, concepts, know-how and techniques, uploaded, submitted or otherwise made available to the Site Providers and/or other users of this Site, (collectively "Material") may be made available on this Site (at the Site Providers’ sole discretion) under the TOS and, if applicable, the Other Licenses. You grant (or warrant that the owner of such rights has expressly granted) the Site Providers and the users of this Site a worldwide, unrestricted, royalty free, fully paid up, irrevocable, perpetual, non-exclusive license to use, make, reproduce, prepare derivative works of, publicly display, publicly perform, transmit, sell, distribute, sublicense or otherwise transfer such Material, and/or derivative works thereof, and authorize third parties to do any, some or all of the foregoing including, but not limited to, sublicensing others to do any some or all of the foregoing indefinitely. You represent and warrant that to your knowledge, you have sufficient rights in the Materials to grant the foregoing rights and licenses.
5. Prohibited Conduct
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, or abusive material, any unsolicited advertising or promotional materials, or any other material that could give rise to any civil or criminal liability under the law. You shall not upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or interfere with or disrupt the Site or servers or networks connected to the Site. You agree to comply with all applicable laws and regulations of the United States and foreign authorities. Site Providers do not prescreen content that is posted to the Site; however, Site Providers reserve the right to remove any content that fails to meet the foregoing Use Policy and to revoke your account. Site Providers further reserve the right to investigate complaints or reported violations of this Use Policy, and to take any appropriate action, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such person or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
To comment on this Use Policy or to report material or conduct that You believe is inappropriate, please contact email@example.com.
6. Registration Data and Privacy
All logos and trademarks contained on this Web site are and remain the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to you. COLLABNET and the Powered by CollabNet logo are trademarks or registered trademarks of CollabNet, Inc. (the "CollabNet Marks") in the United States and other countries. You agree not to display or use the CollabNet Marks in any manner without CollabNet's prior written permission.
8. Notice and Procedure for Making Claims of Copyright Infringement
Site Providers are committed to respecting the intellectual property rights of others, and we ask You do the same. Site Providers may, in their sole discretion, terminate the accounts or access rights of users who violate the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement on our Site, please deliver the following information to Site Providers' Copyright Agent:
a) An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
b) A description of the copyrighted work that You claim has been infringed;
c) A description of where the material that You claim is infringing is located on the Site;
d) Your address, telephone number and e-mail address so that we can contact you;
e) A statement by You that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f) A statement by You, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Site Providers’ Copyright Agent By mail: By email: CollabNet, Inc. Legal Department Attn: Copyright Agent 8000 Marina Blvd., Suite 600 Brisbane, CA 94005-1865 firstname.lastname@example.org
9. Disclaimer of Warranties
THE SERVICE AND ALL SOFTWARE AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FROM SITE PROVIDERS. SITE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE SERVICE, SOFTWARE OR CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SITE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE SERVICE, SOFTWARE OR CONTENT AVAILABLE AT THE SITE. WITHOUT LIMITING THE FOREGOING, SITE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICE, SOFTWARE OR CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE, SOFTWARE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, SOFTWARE OR CONTENT WILL BE ACCURATE OR RELIABLE, OR (iv) THE CONTENT OR INFORMATION AVAILABLE ON THE SITE IS COMPLETE, ACCURATE OR AVAILABLE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM SITE PROVIDERS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
The Site may provide links to other websites (collectively, "Third Party Website(s)"). Site Providers are not responsible for the availability of such other Third Party Websites and do not endorse and are not responsible or liable for any content, products or other materials available on such Third Party Websites. If You decide to access any of the Third Party Websites linked to the Site, You do so entirely at your own risk.
10. Limitation of Liability
SITE PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS, OFFICERS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY LOSS, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SERVICE, SOFTWARE OR CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SITE PROVIDERS IN CONNECTION WITH THE SERVICE, SOFTWARE OR CONTENT IS TO CEASE YOUR USE THEREOF.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall indemnify, defend, and hold harmless Site Providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur as a result of your use of the Service.
12. General Provisions
a) Governing Law, Jurisdiction and Venue The Site (excluding any linked Third Party Sites) is controlled by CollabNet from its offices within the State of California, United States of America. The parties agree that the laws of the State of California, without regard to the conflicts of laws principles thereof, shall govern all matters relating to access to, or use of, the Site and the Service available through the Site. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. The parties agree that any action brought by the parties to enforce or interpret any provision of the TOS shall be brought exclusively in an appropriate state court in San Mateo County or in the United States District Court for the Northern District of California in San Francisco. The parties hereby consent to such jurisdiction and waive any objection to such venue. Site Providers make no representation that the Site is appropriate or available for use in other locations, and accessing the Site from territories where its contents are illegal is prohibited. Those who choose to access the Site from other locations do so upon their own initiative and are responsible for compliance with local laws.
b) Severability / Waiver Each provision of the TOS is severable; if any provision is declared void, illegal, or unenforceable, such provision shall be modified by the appropriate judicial body to the minimum extent necessary to render it valid, legal, and enforceable while effectuating insofar as possible the basic purposes of such provision. The remaining provisions shall remain in full force and effect. No delay, omission, or failure to exercise any right or remedy provided for in the TOS shall be deemed to be a waiver thereof or an acquiescence in the event giving rise to such remedy (but every such right or remedy may be exercised as the party exercising such right or remedy deems expedient).
c) Entire Agreement / Survival The TOS constitute the entire agreement between Site Providers, on the one hand, and You, on the other, with respect to use of the Service and supersedes all prior agreements or previous discussions (written or oral) between the parties. The TOS have been written in the English language and, in the event of any conflict or inconsistency between the English-language version and any translation hereof, the English language version shall prevail. The TOS may be modified by Site Providers by giving You the opportunity to electronically review and agree to the new TOS. Site Providers also will post the new TOS on the Site in the same location the previous TOS was posted. Any provision in the TOS that may reasonably be interpreted as being intended by the parties to survive the termination or expiration of the TOS shall survive any such termination or expiration.