| <?php |
| /** |
| * Copyright (c) 2015, 2018 Eclipse Foundation and others. |
| * |
| * This program and the accompanying materials are made |
| * available under the terms of the Eclipse Public License 2.0 |
| * which is available at https://www.eclipse.org/legal/epl-2.0/ |
| * |
| * Contributors: |
| * Eric Poirier (Eclipse Foundation) |
| * Christopher Guindon (Eclipse Foundation) |
| * |
| * SPDX-License-Identifier: EPL-2.0 |
| */ |
| ?> |
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| <h1><?php print $pageTitle ?></h1> |
| <p>April 5, 2019</p> |
| |
| <h3>Terms and Conditions of Use for the Eclipse Foundation Web Site and Related Services</h3> |
| |
| <p>As used herein, the term “you” means the individual accessing this Web site, |
| as well as any person or entity which has granted to such individual the authority to enter |
| into this agreement on its behalf. By accessing, browsing, or using this Web site, |
| you acknowledge that you have read, understand, and agree to be bound by these terms.</p> |
| |
| <p>This Web site and related services are made available by the Eclipse Foundation. All software, |
| documentation, information and/or other materials provided on and through this Web site |
| ("Content") and all of the related services offered by the Eclipse Foundation may be |
| used solely under the following terms and conditions ("Terms of Use").</p> |
| |
| <p>This Web site may contain other proprietary notices and copyright information, the terms of |
| which must be observed and followed. The Content on this Web site may contain technical |
| inaccuracies or typographical errors and may be changed or updated without notice. The |
| Eclipse Foundation may also make improvements and/or changes to the Content at any time |
| without notice.</p> |
| |
| <p>Neither the Eclipse Foundation nor its members ("Members") assume any responsibility |
| regarding the accuracy of the Content and use of the Content is at the recipient’s own risk. |
| Neither the Eclipse Foundation nor its Members provide any assurances that any reported problems |
| with any Content will be resolved. Except as otherwise expressly stated herein or in another applicable |
| license, by providing the Content, neither the Eclipse Foundation nor the Members grant any licenses |
| to any copyrights, patents or any other intellectual property rights in the Content.</p> |
| |
| <p>The Eclipse Foundation and the Members do not want to receive confidential information from you |
| through this Web site and related services. Please note that any information or material sent to The |
| Eclipse Foundation or the Members will be deemed NOT to be confidential and will be |
| publicly available.</p> |
| |
| <p>You are prohibited from posting, transmitting, or storing to or from this Web site or to any |
| service offered by the Eclipse Foundation any unlawful, threatening, libelous, defamatory, obscene, |
| scandalous, inflammatory, pornographic, or profane material, or any other material that could give |
| rise to any civil or criminal liability under the law.</p> |
| |
| <p>If you believe that Content residing or accessible on or through this Web site or any UDS |
| infringes a copyright, please send a notice of copyright infringement to our designated agent |
| pursuant to the procedures set forth here: |
| <a href="https://www.eclipse.org/legal/copyright.php">https://www.eclipse.org/legal/copyright.php</a></p> |
| |
| <h3>User Data Services ("UDS")</h3> |
| |
| <p>As a service to you, Eclipse.org services or Eclipse software may offer functionality whereby |
| you can store or share certain information on Eclipse Foundation’s computer systems, so that |
| it is accessible to you from various devices that you use. Examples include, but are not limited to, |
| Eclipse IoT sandbox servers, the User Storage Service, and the Automated Error Reporting Initiative. |
| PLEASE BE AWARE THAT ALL INFORMATION THAT YOU STORE OR SHARE WITH ECLIPSE WILL BE PUBLICLY ACCESSIBLE |
| ON THE INTERNET IN UNENCRYPTED FORM AND WITHOUT ANY ACCESS RESTRICTIONS. Do not store or share passwords, |
| any personally identifiable information, any confidential business information, or anything else that |
| you do not want to be generally and publicly available. By using this functionality, any information |
| that you store or share (the “Stored Information”) will be subject to |
| the <a href="https://creativecommons.org/publicdomain/zero/1.0/legalcode">CC0 1.0 Creative Commons</a> |
| license, where, for purposes of that license, the Stored Information shall constitute the “Work” |
| and you shall be the “Affirmer”. What that means is that anybody who accesses your information |
| on the Internet has a worldwide, unrestricted, royalty free, irrevocable, perpetual, non-exclusive license |
| to use, make, reproduce, prepare derivative works of, publicly display, publicly perform, transmit, sell, |
| distribute, sublicense or otherwise transfer the Stored Information without any obligation to you, |
| including any obligation of attribution.</p> |
| |
| <p>Eclipse reserves the right to discontinue these services at any time or to remove any specific Stored |
| Information from owned or controlled computer systems at any time, and Eclipse does not commit to making |
| Stored Information available at all times in the future.</p> |
| |
| <h3>Licenses</h3> |
| |
| <p>Except for Content available through the UDS, and except as otherwise stated herein, the Content |
| provided on this Web site is provided under the terms and conditions of the |
| <a href="https://www.eclipse.org/legal/epl/notice.php">Eclipse Foundation Software User Agreement</a> |
| and those additional terms, conditions and notices referenced therein.</p> |
| |
| <p>If Content is licensed to you under the terms and conditions of a version of the Eclipse Public |
| License ("<a href="https://www.eclipse.org/legal/epl-2.0">EPL</a>"), with respect to such |
| Content, the term “Contributions” as used herein shall have the meaning provided in the EPL, |
| and any such Contributions uploaded, submitted, or otherwise made available by you to the Eclipse Foundation |
| and/or the Members and/or users of this Web site shall be governed by the terms and conditions of the EPL |
| and can be made available to others under the terms of the EPL.</p> |
| |
| <p>If Content is licensed to you under license terms and conditions other than the EPL |
| ("Other License") with respect to such Content the term “Contributions “ as used |
| herein shall mean any modifications, enhancements and/or other code and/or documentation related to such |
| Content uploaded, submitted, or otherwise made available by you to the Eclipse Foundation and/or the Members |
| and/or users of this Web site, and such Contributions shall be subject to and governed by the terms and |
| conditions of the Other License. In addition, with regard to such Contributions, you agree to provide the |
| Contributions under the terms and conditions of the EPL, provided however that the Eclipse Foundation shall |
| have the right to reject any Contributions if the acceptance by the Eclipse Foundation would be in any way |
| inconsistent with the Eclipse Foundation's Intellectual Property Policy.</p> |
| |
| <p>In addition to the licenses granted above, you grant a non-exclusive, worldwide, perpetual, royalty-free |
| license of all necessary rights under your copyright in and to your Contributions |
| (the “Specification Grant”): (a) for the Eclipse Foundation (and its contributors |
| solely as a part of Eclipse Foundation projects) to create, reproduce, prepare derivative works of, |
| publicly display, publicly perform, distribute and sublicense specifications subject to the terms of |
| the then-current <a href="/legal/efsl.php">Eclipse Foundation Specification License</a>, based on or derived from the Specification |
| Content (as defined below) and (b) for recipients of such specifications to create, reproduce, and distribute |
| implementations thereof based on the portion of your Contributions or material derived from them in the |
| specifications, subject to the terms of the then-current <a href="/legal/efsl.php">Eclipse Foundation Specification License</a>.</p> |
| |
| <p>“Specification Content” is the collection of interface definitions for the application or |
| user interfaces (“Interfaces”) provided by the work to which your Contribution was made, |
| descriptions of the structure and semantic behavior of those Interfaces, and data formats and protocols |
| associated with those Interfaces, all of which as are reasonably necessary to enable the development of |
| independent implementations of those Interfaces. For the sake of clarity, Specification Content does not |
| include implementation detail of how the Eclipse project code or your Contribution implements the Interfaces |
| in the Specification and the Specification Grant provide above would not cover such additional material.</p> |
| |
| <p>To the extent you submit or otherwise make available to an Eclipse Foundation Specification Project |
| (as that term is defined by the Intellectual Property Policy) any ideas, concepts, methods or other |
| information, you agree that you will not assert, based on such submissions, any intellectual property |
| rights that are essential to any implementation of the submission, against the Eclipse Foundation, |
| its contributors, or its licensees, with respect to any implementation of such Specification (as that |
| term is defined by the Eclipse Foundation Specification Process). To further clarify, such submissions |
| include, but are not limited to, submissions made to any public communications channel such as an email |
| list, forum, or bug report.</p> |
| |
| <p>To the extent you wish to upload, submit, or otherwise make Non-Code Content (as defined below) available |
| to the Eclipse Foundation and/or the Members and/or users of this Web site, you may make that material |
| available under the terms and conditions of the EPL or any other license stipulated for that purpose at |
| <a href="https://www.eclipse.org/legal/">www.eclipse.org/legal</a>. Non-Code Content is Content for which |
| you own or control all rights, and which is not program code intended to be submitted to a Project |
| (or documentation related to such code) and which is not Stored Information. For example, Non-Code |
| Content would include white papers, dissertations, articles or other literary works, power point |
| presentations, encyclopedias, anthologies, wikis, blogs, diagrams, drawings, sketches, photos or |
| other images, audio content, video content and audiovisual materials.</p> |
| |
| <p>For all other software, information and other material including, without limitation, ideas, concepts, |
| know-how and techniques, uploaded, submitted or otherwise made available to The Eclipse Foundation, the |
| Members, and/or users of this Website, (collectively "Material"), if the paragraphs above are |
| inapplicable, and if the Material is not Stored Information, you grant (or warrant that the owner of such |
| rights has expressly granted) a license under either the applicable Project License(s) (as that term is |
| defined in the Eclipse Intellectual Property Policy), or, if no such Project License(s) is applicable, |
| you grant (or warrant that the owner of such rights has expressly granted) the Eclipse Foundation, the |
| Members and the users of this Web-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 Materials, 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.</p> |
| |
| <p>You represent and warrant that to your knowledge, you have sufficient rights in the Materials |
| to grant the foregoing rights and licenses.</p> |
| |
| <p>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.</p> |
| |
| <p>You can learn more about the |
| <a href="https://www.eclipse.org/legal/privacy.php">Eclipse.org privacy practices</a> on the Web.</p> |
| |
| <h3>Disclaimers</h3> |
| |
| <p>The Eclipse Foundation and the Members make no representations whatsoever about any other Web |
| site that you may access through this Web site. When you access a non-Eclipse Foundation Web site, |
| even one that may contain the organization’s name or mark, please understand that it is |
| independent from the Eclipse Foundation, and that the Eclipse Foundation and the Members have no |
| control over the content on such Web site. In addition, a link to a non-Eclipse Foundation Web |
| site does not mean that the Eclipse Foundation or the Members endorse or accept any responsibility |
| for the content, or the use, of such Web site. It is up to you to take precautions to ensure that |
| whatever you select for your use is free of such items as viruses, worms, Trojan horses and other |
| items of a destructive nature.</p> |
| |
| <p>IN NO EVENT WILL THE ECLIPSE FOUNDATION AND/OR THE MEMBERS BE LIABLE TO YOU (AN INDIVIDUAL OR ENTITY) |
| OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL |
| DAMAGES RELATED TO ANY USE OF THIS WEB SITE, THE CONTENT, STORED INFORMATION, OR ANY OTHER HYPER LINKED |
| WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, LOST REVENUE, LOSS OF GOODWILL, |
| BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR OR OUR INFORMATION HANDLING SYSTEMS OR |
| OTHERWISE, EVEN IF THE ECLIPSE FOUNDATION OR THE MEMBERS ARE EXPRESSLY ADVISED OR AWARE OF THE POSSIBILITY |
| OF SUCH DAMAGES OR LOSSES.</p> |
| |
| <p>ALL CONTENT IS PROVIDED BY THE ECLIPSE FOUNDATION AND/OR THE MEMBERS ON AN "AS IS" BASIS ONLY. |
| THE ECLIPSE FOUNDATION AND THE MEMBERS PROVIDE NO REPRESENTATIONS, CONDITIONS AND/OR WARRANTIES, EXPRESS OR |
| IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, |
| MERCHANTABILITY AND NONINFRINGEMENT. THE ECLIPSE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE |
| SECURITY OF ANY INFORMATION OR CONTENT STORED WITH THE ECLIPSE FOUNDATION.</p> |
| |
| <p>The Eclipse Foundation and the Members reserve the right to investigate complaints or reported violations |
| of these Terms of Use and to take any action they deem appropriate including, without limitation, reporting |
| any suspected unlawful activity to law enforcement officials, regulators, or other third parties and |
| disclosing any information necessary or appropriate to such persons or entities relating to user profiles, |
| e-mail addresses, usage history, posted materials, IP addresses and traffic information.</p> |
| |
| <p>The Eclipse Foundation and the Members reserve the right to seek all remedies available at law and in |
| equity for violations of these Terms of Use, including but not limited to the right to block access |
| from a particular Internet address to this Web site.</p> |
| |
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| <h6>Related Links</h6> |
| <ul> |
| <li><a href="copyright.php">Copyright Agent</a></li> |
| <li><a href="guidetolegaldoc.php">Guide to legal documents</a></li> |
| <li><a href="index.php">Legal resources</a></li> |
| </ul> |
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