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/**************************************************************************
* 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 accompanies
* this distribution, and is available at http://eclipse.org/legal/epl-2.0
**************************************************************************/
require_once (dirname(__FILE__) . "/../eclipse.org-common/system/app.class.php");
require_once (dirname(__FILE__) . "/../eclipse.org-common/system/nav.class.php");
require_once (dirname(__FILE__) . "/../eclipse.org-common/system/menu.class.php");
$App = new App();
$Menu = new Menu();
$Nav = new Nav();
include ($App->getProjectCommon());
$pageTitle = "Eclipse.org Terms of Use";
$pageKeywords = "terms, legal, website, terms of use";
$pageAuthor = "Mike Milinkovich";
ob_start();
?>
<div id="maincontent">
<div id="midcolumn">
<h1><?php print $pageTitle ?></h1>
<p>May 12, 2016</p>
<h3>Terms and Conditions of Use for the Eclipse Foundation Web Site
and Related Services</h3>
<p>
<b>By accessing, browsing, or using this web site, you acknowledge
that you have read, understand, and agree to be bound by these
terms.</b>
</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
(&quot;Content&quot;) and all of the related services offered by the
Eclipse Foundation may be used solely under the following terms and
conditions (&quot;Terms of Use&quot;).</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>The Eclipse Foundation, its members ("Members") assume no
responsibility regarding the accuracy of the Content and use of the
Content is at the recipient&rsquo;s own risk. The Eclipse Foundation
and the Members provide no assurances that any reported problems with
any Content will be resolved. Except as otherwise expressly stated,
by providing the Content, neither the Eclipse Foundation nor the
Members grant any licenses to any copyrights, patents or any other
intellectual property rights.</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>
<h3>User Data Storage Services ("UDSS")</h3>
<p>
As a service to you, Eclipse software may offer functionality whereby
you can store 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, the User Storage
Service and the Automated Error Reporting Initiative. <b>PLEASE BE
AWARE THAT ALL INFORMATION THAT YOU STORE WITH ECLIPSE WILL BE
PUBLICLY ACCESSIBLE ON THE INTERNET IN UNENCRYPTED FORM AND WITHOUT
ANY ACCESS RESTRICTIONS. Do not store 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 (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”.
</b> 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 this service 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
the Stored Information available at all times in the future.</p>
<p>You are prohibited from posting, transmitting, or storing to or
from this Web site 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 UDSS infringes a copyright, please send a notice of
copyright infringement to our designated agent pursuant to the
procedures set forth here: <a href="copyright.php">https://www.eclipse.org/legal/copyright.php</a>
</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&rsquo;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 ON 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 INOFRMATION 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>
<h3>Licenses</h3>
<p>
Except for Content available through the UDSS, the Content provided
on this Web site is provided under the terms and conditions of the <a
href="epl/notice.php">Eclipse Foundation Software User Agreement</a>
and those additional terms, conditions and notices referenced
therein.
</p>
<p>
If the Content is licensed to you under the terms and conditions of
the Eclipse Public License ("<a href="epl-2.0">EPL</a>"),
any Contributions, as defined in the applicable license(s), uploaded,
submitted, or otherwise made available to the Eclipse Foundation
and/or the Members, by you that relate to such Content are provided
under the terms and conditions of the EPL and can be made available
to others under the terms of the EPL.
</p>
<p>If the Content is licensed to you under license terms and
conditions other than the EPL ("Other License"), that Content, as
well as any modifications, enhancements and/or other code and/or
documentation (collectively, "Modifications") uploaded, submitted, or
otherwise made available to the Eclipse Foundation and/or the
Members, by you that constitute or otherwise relate to such Content
are provided under terms and conditions of the Other License and can
be made available to others under the terms of the Other License. In
addition, with regard to Modifications for which you are the
copyright holder, you are also providing the Modifications under the
terms and conditions of the EPL and such Modifications can be made
available to others under the terms of the EPL, provided however that
the Eclipse Foundation shall have the right to reject any
Modifications if the acceptance by the Eclipse Foundation would be in
any way inconsistent with the Eclipse Foundation's Intellectual
Property Policy.</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, 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=".">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 and 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 Web-site, (collectively
"Material"), if the three 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. 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="privacy.php">Eclipse.org
privacy practices</a> on the Web.
</p>
<br />
</div>
<div id="rightcolumn">
<div class="sideitem">
<h6>Related Links</h6>
<ul>
<li><a href="index.php">Legal resources</a></li>
<li><a href="guidetolegaldoc.php">Guide to legal documents</a></li>
</ul>
</div>
</div>
</div>
<?php
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ob_end_clean();
$App->generatePage(null, $Menu, $Nav, $pageAuthor, $pageKeywords, $pageTitle, $html );
?>