Terms and Conditions of Use for the OpenNTF Web Site


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 AND ANY OPENNTF POLICIES POSTED ON OR REFERRED TO FROM TIME TO TIME ON THIS WEBSITE INCLUDING WITHOUT LIMITATION THE IPR POLICY AND THE PRIVACY POLICY, WHICH POLICIES ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE THEN YOU ARE NOT GRANTED THE RIGHT TO USE THIS WEB SITE.

The OpenNTF.org, XPages.info, XPagesblog.com and GitHub/OpenNTF.com Web sites are a service made available by OpenNTF Inc (“OpenNTF”). All software, documentation, information (including, but not limited to, ideas, concepts, know-how and techniques) and/or other materials provided on and through these Web sites ("Content") may be used solely under the following terms and conditions ("Terms of Use").

OpenNTF retains the right to modify these Terms of Use and any OpenNTF policies at any time. Such modifications shall become effective immediately upon the posting of the modified Terms of Use and/or the modified OpenNTF policies on these Web sites. By accessing, browsing or using the Web sites following the posting of the modifications you indicate your acceptance of the modifications.

These Web sites may contain other proprietary notices and copyright information, the terms of which must be observed and followed. The Content on these Web sites may contain technical inaccuracies or typographical errors and may be changed or updated without notice. OpenNTF may also make improvements and/or changes to the Content at any time without notice. In the event of any conflict between these Terms of Use and any of the policies, these Terms of Use shall govern.

OpenNTF and its members ("Members") assume no responsibility regarding the accuracy of the Content and use of the Content is at the recipient’s own risk. OpenNTF 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 OpenNTF nor any of the Members grants any licenses to any copyrights, patents or any other intellectual property rights.

OpenNTF and the Members do not want to receive confidential information from you through these Web sites. Please note that any information or material sent to OpenNTF or the Members will be deemed NOT to be confidential.

You are prohibited from posting or transmitting to or from these Web sites any unlawful, threatening, libelous, discriminatory, harassing, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could be construed to promote racism, hatred or physical harm against any individual or group or which could otherwise could give rise to any civil or criminal liability under the law.

OpenNTF and the Members make no representations whatsoever about any other Web site that you may access through these Web sites or through Content (e.g. widgets or other software) that you may obtain from the OpenNTF. When you access a non-OpenNTF Web site, even one that may contain the organization’s name or mark, please understand that it is independent from OpenNTF, and that OpenNTF and the Members have no control over the content on such Web site. In addition, a link to a non-OpenNTF Web site does not mean that OpenNTF 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. Additionally, it is your responsibility to ensure that your use of such other Web sites complies with any applicable terms of service/use for such other Web Sites.

IN NO EVENT WILL OPENNTF AND/OR THE MEMBERS AND/OR OPENNTF CONTRIBUTORS 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 THESE WEB SITES, THE CONTENT, 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 INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF OPENNTF OR THE MEMBERS ARE EXPRESSLY ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

ALL CONTENT IS PROVIDED BY OPENNTF AND/OR THE MEMBERS AND/OR OPENNTF CONTRIBUTORS ON AN "AS IS" BASIS ONLY. OPENNTF, THE MEMBERS, AND OPENNTF CONTRIBUTORS 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.

OpenNTF 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.

OpenNTF 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 these Web sites.

Licenses

The OpenNTF.org and GitHub/OpenNTFsite contain Projects, each of which may contain software, documentation and screen shots. These Projects (with the exception of Heritage Projects, see below) are made available to you under the terms of one of the four licenses OpenNTF-approved licenses – specifically:

- the Apache License Version 2.0

- the GNU General Public License v3, the GNU Lesser General Public License v3, the GNU Affero General Public License v3

Notwithstanding the foregoing, subcomponents of OpenNTF Projects may be subject to alternative or additional licensing terms.

Any code made available in the XSnippets portion of the OpenNTF.org website is made available to you under the terms of the Apache License Version 2.0.

Any marketing material, including, without limitation, product descriptions, images, case studies, or other software use descriptions, available on the XPages.info site is owned by the copyright holder. You may use, copy, display and distribute such marketing material, but you may not modify it, create derivative works, or combine it with other materials in a manner inconsistent with the copyright owner's best interests, without further permissions from the copyright holder. You agree to promptly discontinue future use should the copyright owner notify you to do so. You agree that any marketing material that you submit to XPages.info may be used, copied, displayed and distributed by others as provided for in this paragraph.

Any modifications, enhancements and/or other code and/or documentation ("Modifications") uploaded, submitted, or otherwise made available to OpenNTF and/or the Members, by you that relate to such Projects are provided under terms and conditions of an Individual Contributor License Agreement or a Corporate Contributor License Agreement, or, if you are not covered by such an agreement, under the terms of the OpenNTF-approved License associated with the Project.

THE NOTICES, ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER TO THE OPENNTF-APPROVED LICENSE OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT.

PROJECTS THAT WERE CONTRIBUTED TO OPENNTF BEFORE THE MARCH 12, 2009, (“HERITAGE PROJECTS”) MAY NOT CONTAIN COMPLETE LICENSING AND AUTHOR INFORMATION. IT IS YOUR OBLIGATION TO DETERMINE THE LICENSING TERMS FOR SUCH PROJECTS.

For all other information and other material including, without limitation, ideas, concepts, know-how and techniques, uploaded, submitted or otherwise made available to OpenNTF the Members, and/or users of these Web sites, (collectively "Material") you grant (or warrant that the owner of such rights has expressly granted) to OpenNTF, the Members and the users of these Web sites 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.

All logos and trademarks contained on these Web sites 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.

Allegations of Copyright Infringement

If any party believes that any Content contained posted on or accessible through these Web sites infringes that party’s copyright, that party should notify the IP Manager of OpenNTF in accordance with OpenNTF Copyright Notification Procedure. If a party makes a material misrepresentation when making a claim of copyright infringement or filing a counter notification that party may be liable for damages (including costs and legal fees).