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From conflue...@apache.org
Subject [CONF] Apache OpenOffice.org Community > website-terms-of-use-draft
Date Wed, 02 Nov 2011 00:43:00 GMT
Space: Apache OpenOffice.org Community (https://cwiki.apache.org/confluence/display/OOOUSERS)
Page: website-terms-of-use-draft (https://cwiki.apache.org/confluence/display/OOOUSERS/website-terms-of-use-draft)

Change Comment:
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Fixed the JIRA link

Edited by David Fisher:
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h2. Current situation with Terms of Use (see also the thread at [LEGAL-104|https://issues.apache.org/jira/browse/LEGAL-104])

There are no Apache-approved Terms of Use at this time.

The Oracle Terms of Use cannot be retained.

h3. Proposed Intermediate Action

# Links to Terms of Use should be removed 
# The landing page having the current Terms of Use needs to have a placeholder, just in case
not all links to it are found.  
## The page might an introduction stating that there are no current terms of use.
## The Oracle terms could be provided for information only to indicate how material was previously
accepted and is usable.

h2. Terms of Use for Apache Incubator project openoffice.org web site. (from Drew on 2011-08-14).
(A more-recent, marked-up and annotated version is at [Bug 118518|https://issues.apache.org/ooo/show_bug.cgi?id=118518].
 None of these have been approved.)


1. INTRODUCTION. This Site and its contents are made available by Apache Software Foundation,
incubator project OpenOffice.org podling project management committee (AOO-PPMC). These Terms
of Use apply to everyone who Uses this Site (as defined below), or who participates in any
projects hosted on this Site. PLEASE READ THESE TERMS CAREFULLY FIRST. BY USING THE SITE OR
PARTICIPATING IN ANY PROJECTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM.
IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN DO NOT USE THE SITE OR PARTICIPATE IN ANY
PROJECTS HOSTED ON THIS SITE. 

2. DEFINITIONS. As used here: 
a. "Host" means AOO-PPMC. 
b. "Materials" means source code, code samples, object code, technical materials, documentation
, discussion thread postings, weblogs, wikis, data, and any other content, information or
technology available on the Site. 
c. "Project" means a project hosted on the Site. 
d. "Site" means the collection of web pages that can be accessed via this website, as well
as any successor web pages or other technology as may be designated by the Host. 
e. "Submissions" means any Materials submitted to the Site, including all Projects. 
f. "Terms" means these Terms of Use. 
g. "Use" and its variants are meant in their broadest sense, including, but not limited to,
the acts of using, accessing, receiving, browsing, downloading from, and uploading to. A "User"
is a person or entity who Uses the Site. 
h. "You" means you personally, as well as the person or entity on whose behalf you are Using
the Site. 

3. ACCESS TO THE SITE AND THINGS YOU FIND HERE. This section refers to the Materials found
on the Site, as defined above. 
a. Other Licenses/Terms. Some of the Materials may be accompanied by their own licenses or
terms of use. With respect to Your rights in and obligations regarding such Materials, and
to the extent there is a conflict, those licenses or terms of use take precedence over these
Terms, and you agree to be bound accordingly. With respect to any other matters, including
but not limited to Your Use of this Site, submission of Materials hereto, and obligations
to the Host, these Terms take precedence over any conflicting terms. 

b. Use at Your Own Risk. You understand that the Host does not pre-screen Materials, and You
agree to assume all risks in Using them. These risks include, but are not limited to, errors,
viruses, worms, time-limited software that expires without notice, and the possibility that
the Materials infringe or misappropriate the intellectual property rights of others. You agree
to assume all such risks. 

c. Don't Blame the Messenger. You understand that Materials may contain the opinions of others
and You do not hold the Host responsible for such opinions. 

d. Copyright Infringement. If You believe that any Materials infringe Your copyrights, please
follow the procedure set forth at Apache Software Foundation legal affairs website: http://apache.org/legal/.


e. Management of Materials and Access. You agree that the Host has sole discretion in deciding
whether to accept and post Materials, and that the Host may delete Materials for any reason
(including no reason) whatsoever. You understand that access to the Site may be limited for
technical reasons, that outages may occur, and that the Host has no obligation to store or
back up any Materials. You agree that the Host has the right to restrict or terminate, in
their sole discretion, access to the Site for any reason, including their belief that a User
has violated these Terms. 

f. Links to Other Sites. You understand that this Site may provide links to other sites or
content that is not hosted or managed by the Host, and you agree that the Host has no control
over, responsibility or liability whatsoever relating to any such sites or content, including
Your Use of them. 

4. THINGS YOU SUBMIT TO THE SITE. This Site offers many opportunities for You to contribute
Materials to the on this site. In addition to the other terms found here, the following terms
apply to any Submissions made by You ("Your Submissions"). 

a. You Take Responsibility for Your Submissions. You warrant that You have all rights needed
to provide Your Submissions to the Host for posting to the Site in accordance with the Terms
and to grant the licenses set forth in sections 4.b and 4.c. You agree that You will make
all reasonable efforts to ensure that Your Submissions: (i) do not infringe, misappropriate
or violate the intellectual property rights or privacy interests of others; (ii) are not confidential
or trade secret information, or subject to anyone's privacy interests; (iii) are not inaccurate,
harmful, obscene, pornographic, defamatory, racist, or otherwise objectionable to a reasonable
User; and (iv) do not violate any law, ordinance, or regulation of any country, state or locality.
YOU AGREE THAT YOU, AND NOT THE HOST, ARE FULLY RESPONSIBLE FOR YOUR SUBMISSIONS AND THAT
YOU, AND NOT THE HOST, ARE LIABLE FOR ANY AND ALL CLAIMS ARISING OUT OF THEM. 

b. Source Code Submissions. You agree that any source code You contribute to a Project will
be submitted under, and subject to, the license posted for that Project. If no license is
posted, You agree that Your Submission will be governed by the Apache License, Version 2.0,
which terms can be found at http://opensource.org/licenses/apache2.0.php. You acknowledge
that You are responsible for including all applicable copyright notices and licenses with
Your Submissions, and that You assume the risks of failing to do so, including the potential
loss of Your rights to Your Submissions. 

c. Other Submissions. (This Section 4.c applies to all Submissions other than source code
contributed to a Project, which is governed by the preceding section.) The Host does not claim
ownership of Your Submissions. However, in order to fulfill the purposes of this Site, You
must give the Host and all Users the right to post, access, evaluate, discuss, and refine
Your Submissions. In legalese: You hereby grant to the Host and all Users a royalty-free,
perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license
under Your intellectual property rights to reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, display and use Your Submissions (in whole or
part) and to incorporate them in other works in any form, media, or technology now known or
later developed, all subject to the obligation to retain any copyright notices included in
Your Submissions. All Users, the Host, and their sublicensees are responsible for any modifications
they make to the Submissions of others. 

d. Private Projects. With respect to a Project that is designated as "Private," the preceding
license for "Other Submissions" is limited to Users who have access to the Project, and such
rights may only be sublicensed to other Users with authorized access to the Project. 

e. Other Licenses/Terms. Some Projects are governed by their own terms regarding Submissions
and may require You to sign agreements (such as an Apache Software Foundation Individual Contributor
License Agreement)  licensing Your rights in Your Submissions. In all such cases, and to the
extent there is a conflict, the terms of those Projects and agreements take precedence over
these Terms. 

f. Privacy. You consent to the collection, processing and storage by the Host of any personal
information provided by You in accordance with the terms of AOO-PPMC Privacy Policy, which
is available at http://incubator.apache.org/openoffice.org/privacy.html. You agree to comply
with all applicable laws and regulations, and the terms of Apache OpenOffice.org Privacy Policy,
with respect to any use by You of any personal information in connection with this Site. 

5. MISCELLANEOUS. 

a. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING
ALL MATERIALS FOUND ON IT, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS"
BASIS. THE HOST DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES
OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE HOST MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY
OR COMPLETENESS OF THE SITE. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE
OF THIS SITE OR ANY MATERIALS ON IT. 

b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOST IS NOT LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY
TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE
SITE OR MATERIALS, EVEN IF THE HOST HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE
FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT
OR IN TORT (INCLUDING NEGLIGENCE). TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE
EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY. 

c. Trademarks. All logos and trademarks contained on this 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 by these Terms. 

d. Changes to Terms. These Terms may be changed or updated by the Host without notice. 

e. Export Compliance. You agree that U.S. export control laws and other applicable export
and import laws govern your Submissions and use of the Site, Materials and Submissions, including
technical data; additional information can be found on http://apache.org/dev/crypto.html.
You agree that neither the Materials and Submissions nor any direct product thereof will be
exported, directly, or indirectly, in violation of these laws, or will be used for any purpose
prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons
proliferation. 

f. Governing Law. These Terms of Use are governed by the substantive and procedural laws of
Delaware.  

g. General. You agree that these Terms of Use are the complete agreement for the Site, Materials
and Submissions, and these Terms of Use supersedes all prior or contemporaneous agreements
or representations. If any term of these Terms of Use is found to be invalid or unenforceable,
the remaining provisions will remain effective. 


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