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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 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>15 February 2024</p>
<h2>
Terms and Conditions of Use for the Eclipse Foundation Website and
Related Services
</h2>
<p>
As used herein, the term "you" or "your" means the individual accessing
any Eclipse Foundation website or online resource that contains a
reference or link to these Terms of Use, including in the first place at
<a href="/">https://www.eclipse.org/</a> as well
as those websites of its industry collaborations and any other website of
the Eclipse Group ("Website"), 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 Website, you
acknowledge that you have read, understand, and agree to be bound by
these terms.
</p>
<p>
This Website and related services are made available by the Eclipse
Foundation AISBL , and/or its affiliated Eclipse Foundation
organisations, including Eclipse Foundation Canada, Eclipse.org
Foundation, Inc, and Eclipse Foundation Europe GmbH (collectively,
"Eclipse Foundation"). All software, documentation, information and/or
other materials provided on and through this Website ("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 Website and related services are not meant for or targeted to anyone
under the age of 16. You must be at least 16 years of age, or the age of
consent under your location’s applicable laws for using websites intended
for adults if your location uses a different age, to use the Website or
related services; otherwise, your parent or guardian must review and
accept these Terms on your behalf. To learn how Eclipse Foundation
collects, processes, and shares personal information, please consult
Eclipse Foundation’s <a href="/legal/privacy.php">Website Privacy Policy</a>.
</p>
<p>
This Website may contain other proprietary notices and copyright
information, the terms of which must be observed and followed. The
Content on this Website 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 your 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 licence, by providing the Content, neither the
Eclipse Foundation nor the Members grant any licences to any copyrights,
patents, or any other intellectual property rights in the Content.
</p>
<p>
The Eclipse Foundation and its Members do not want to receive
confidential information from you through this Website and related
services. Please note that, with the exception of the personal
information submitted by you in the process of either creating or
updating the personal information associated with your Eclipse account or
when executing an agreement with us such as the Eclipse Contribution
Agreement, any information or material submitted through the Website
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
Website or to any service offered by the Eclipse Foundation (each
referred to as a "Submission") any unlawful, threatening, libellous,
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. Further, all Submissions made by you to
the Website must be in conformance to the Eclipse Community Code of
Conduct, which may be found here:
<a href="/org/documents/Community_Code_of_Conduct.php">
https://www.eclipse.org/org/documents/Community_Code_of_Conduct.php
</a>
and the Eclipse Foundation Communication Channel Guidelines which may be
found here:
<a href="/org/documents/communication-channel-guidelines/">
https://www.eclipse.org/org/documents/communication-channel-guidelines/
</a>.
</p>
<p>
Should the Eclipse Foundation determine that a Submission violates these
Terms of Use or should we be informed thereof by a third party, the
Eclipse Foundation reserves the right to remove any such Submissions made
by you to the Website at its sole discretion.
</p>
<p>
If your Submission has been removed for violation of these Terms of Use
or for violation of any applicable law, we will inform you of the reasons
thereof. Should you disagree with us, you may send an e-mail to
<a href="mailto:transparency@eclipse-foundation.org">transparency@eclipse-foundation.org</a>
within six months from the date we informed you of the removal of your
Submission, stating the reasons why, in your opinion, your Submission
should be reinstated. Your complaint will be logged in our systems, and
we will review it and respond to you without undue delay.
</p>
<p>
If you believe that Content residing or accessible on or through this
Website or any User Data Services ("UDS") infringes a copyright, please
send a notice of copyright infringement to our designated agent pursuant
to the procedures set forth here:
<a href="/legal/copyright.php">https://www.eclipse.org/legal/copyright.php</a>
</p>
<p>
If you repeatedly provide manifestly illegal Content or if you repeatedly
issue infringement notices, or if you frequently send e-mails about
alleged infringement Content that are manifestly unfounded, we will issue
a warning to you, and subsequently we may bar you, for a reasonable
period of time, from using our Website or UDS, or from issuing
infringement notices. Examples of facts and circumstances we take into
account before we decide to bar you as mentioned are the gravity and/or
frequency of the misuses, including the nature of illegal content and its
consequence.
</p>
<p>
Should you disagree with our response or our reaction to the complaint
you addressed to us via e-mail or via
<a href="/legal/copyright.php">https://www.eclipse.org/legal/copyright.php</a>,
you may refer the matter to a certified out-of-court settlement body that
is competent to address content moderating issues. Please note that no
such out-of-court settlement bodies have been certified by the competent
authorities yet. We will update these Terms of Use once more information
becomes available.
</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 and the User Storage Service. 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 ("PII"), 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>
licence, where, for purposes of that licence, 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 licence 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>
The Eclipse Foundation 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 Foundation 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 Website is provided under the
terms and conditions of the
<a href="/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="/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 Website 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 licence terms and conditions other
than the EPL ("Other Licence") 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 Website, 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 Other License, 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 licences granted above, you grant a non-exclusive,
worldwide, perpetual, royalty-free licence 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 behaviour 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 provided 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
<a href="/projects/efsp/">Eclipse Foundation Specification Process</a>).
To further clarify, such submissions include, but are not limited to,
submissions made to any public communications channel such as an email
list, forum, communication channel, or issue.
</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 Website, you may make that material
available under the terms and conditions of the EPL or any other licence
stipulated for that purpose at <a href="http://www.eclipse.org/legal">Eclipse Foundation Legal Resources</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
Eclipse Industry Collaboration (or documentation related to such
activities) and which is not Stored Information. For example, Non-Code
Content would include white papers, dissertations, articles or other
literary works, presentations, encyclopaedias, 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 licence 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 and the users of this Website a worldwide,
unrestricted, royalty free, fully paid up, irrevocable, perpetual,
non-exclusive licence 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 authorise 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 licences.
</p>
<p>
All logos and trademarks contained on this Website are and remain the
property of their respective owners. No licences or other rights in or to
such logos and/or trademarks are granted to you.
</p>
<p>
The <a href="/legal/privacy.php">Eclipse Foundation Website Privacy Policy</a>
provides more information about how we process your personal data.
</p>
<h3>
Disclaimers
</h3>
<p>
The Eclipse Foundation and the Members make no representations whatsoever
about any other Website that you may access through this Website. When
you access a non-Eclipse Foundation Website, even one that may contain
the organisation’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 Website. In addition, a
link to a non-Eclipse Foundation Website does not mean that the Eclipse
Foundation or the Members endorse or accept any responsibility for the
Content, or the use, of such Website. 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 THE WEBSITE, THE CONTENT, STORED
INFORMATION, OR ANY OTHER LINKED WEBSITE, 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 Website.
</p>
</div>
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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>
</div>
</div>
</div>