| <?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 |
| */ |
| ?> |
| <div id="maincontent"> |
| <div id="midcolumn"> |
| <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> |
| <div id="rightcolumn"> |
| <div class="sideitem"> |
| <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> |