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Date: Tue, 1 Nov 2011 19:56:00 -0400 (EDT)
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Subject: [CONF] Apache OpenOffice.org Community > website-terms-of-use-draft
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Space: Apache OpenOffice.org Community (https://cwiki.apache.org/confluence=
/display/OOOUSERS)
Page: website-terms-of-use-draft (https://cwiki.apache.org/confluence/displ=
ay/OOOUSERS/website-terms-of-use-draft)

Change Comment:
---------------------------------------------------------------------
Indicate latest-available direction.

Edited by Dennis E. Hamilton:
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h2. Current situation with Terms of Use (see also the thread at [LEGAL-104|=
https://issues.apache.org/ooo/show_bug.cgi?id=3D118518])

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=20
# The landing page having the current Terms of Use needs to have a placehol=
der, just in case not all links to it are found. =20
## The page might an introduction stating that there are no current terms o=
f 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. (fro=
m Drew on 2011-08-14). (A more-recent, marked-up and annotated version is a=
t [Bug 118518|https://issues.apache.org/ooo/show_bug.cgi?id=3D118518].  Non=
e of these have been approved.)


1. INTRODUCTION. This Site and its contents are made available by Apache So=
ftware Foundation, incubator project OpenOffice.org podling project managem=
ent committee (AOO-PPMC). These Terms of Use apply to everyone who Uses thi=
s Site (as defined below), or who participates in any projects hosted on th=
is Site. PLEASE READ THESE TERMS CAREFULLY FIRST. BY USING THE SITE OR PART=
ICIPATING 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 US=
E THE SITE OR PARTICIPATE IN ANY PROJECTS HOSTED ON THIS SITE.=20

2. DEFINITIONS. As used here:=20
a. "Host" means AOO-PPMC.=20
b. "Materials" means source code, code samples, object code, technical mate=
rials, documentation , discussion thread postings, weblogs, wikis, data, an=
d any other content, information or technology available on the Site.=20
c. "Project" means a project hosted on the Site.=20
d. "Site" means the collection of web pages that can be accessed via this w=
ebsite, as well as any successor web pages or other technology as may be de=
signated by the Host.=20
e. "Submissions" means any Materials submitted to the Site, including all P=
rojects.=20
f. "Terms" means these Terms of Use.=20
g. "Use" and its variants are meant in their broadest sense, including, but=
 not limited to, the acts of using, accessing, receiving, browsing, downloa=
ding from, and uploading to. A "User" is a person or entity who Uses the Si=
te.=20
h. "You" means you personally, as well as the person or entity on whose beh=
alf you are Using the Site.=20

3. ACCESS TO THE SITE AND THINGS YOU FIND HERE. This section refers to the =
Materials found on the Site, as defined above.=20
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 obligation=
s regarding such Materials, and to the extent there is a conflict, those li=
censes or terms of use take precedence over these Terms, and you agree to b=
e bound accordingly. With respect to any other matters, including but not l=
imited to Your Use of this Site, submission of Materials hereto, and obliga=
tions to the Host, these Terms take precedence over any conflicting terms.=
=20

b. Use at Your Own Risk. You understand that the Host does not pre-screen M=
aterials, and You agree to assume all risks in Using them. These risks incl=
ude, but are not limited to, errors, viruses, worms, time-limited software =
that expires without notice, and the possibility that the Materials infring=
e or misappropriate the intellectual property rights of others. You agree t=
o assume all such risks.=20

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 opini=
ons.=20

d. Copyright Infringement. If You believe that any Materials infringe Your =
copyrights, please follow the procedure set forth at Apache Software Founda=
tion legal affairs website: http://apache.org/legal/.=20

e. Management of Materials and Access. You agree that the Host has sole dis=
cretion 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, th=
at 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 term=
inate, in their sole discretion, access to the Site for any reason, includi=
ng their belief that a User has violated these Terms.=20

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 whatso=
ever relating to any such sites or content, including Your Use of them.=20

4. THINGS YOU SUBMIT TO THE SITE. This Site offers many opportunities for Y=
ou to contribute Materials to the on this site. In addition to the other te=
rms found here, the following terms apply to any Submissions made by You ("=
Your Submissions").=20

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 th=
e 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 t=
o ensure that Your Submissions: (i) do not infringe, misappropriate or viol=
ate the intellectual property rights or privacy interests of others; (ii) a=
re not confidential or trade secret information, or subject to anyone's pri=
vacy interests; (iii) are not inaccurate, harmful, obscene, pornographic, d=
efamatory, 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.=20

b. Source Code Submissions. You agree that any source code You contribute t=
o 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 a=
t http://opensource.org/licenses/apache2.0.php. You acknowledge that You ar=
e responsible for including all applicable copyright notices and licenses w=
ith Your Submissions, and that You assume the risks of failing to do so, in=
cluding the potential loss of Your rights to Your Submissions.=20

c. Other Submissions. (This Section 4.c applies to all Submissions other th=
an 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 a=
ll Users the right to post, access, evaluate, discuss, and refine Your Subm=
issions. In legalese: You hereby grant to the Host and all Users a royalty-=
free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licens=
able right and license under Your intellectual property rights to reproduce=
, modify, adapt, publish, translate, create derivative works from, distribu=
te, perform, display and use Your Submissions (in whole or part) and to inc=
orporate them in other works in any form, media, or technology now known or=
 later developed, all subject to the obligation to retain any copyright not=
ices included in Your Submissions. All Users, the Host, and their sublicens=
ees are responsible for any modifications they make to the Submissions of o=
thers.=20

d. Private Projects. With respect to a Project that is designated as "Priva=
te," the preceding license for "Other Submissions" is limited to Users who =
have access to the Project, and such rights may only be sublicensed to othe=
r Users with authorized access to the Project.=20

e. Other Licenses/Terms. Some Projects are governed by their own terms rega=
rding Submissions and may require You to sign agreements (such as an Apache=
 Software Foundation Individual Contributor License Agreement)  licensing Y=
our 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 o=
ver these Terms.=20

f. Privacy. You consent to the collection, processing and storage by the Ho=
st 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 la=
ws and regulations, and the terms of Apache OpenOffice.org Privacy Policy, =
with respect to any use by You of any personal information in connection wi=
th this Site.=20

5. MISCELLANEOUS.=20

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 I=
MPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING A=
NY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, =
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE HOST MAKES NO REP=
RESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUA=
LITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE. YOU AGREE T=
O ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THIS SITE OR ANY MATE=
RIALS ON IT.=20

b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOS=
T IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CO=
NSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF B=
USINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED =
ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH T=
HE SITE OR MATERIALS, EVEN IF THE HOST HAS PREVIOUSLY BEEN ADVISED OF, OR R=
EASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THE=
Y ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE). T=
O THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATI=
ON OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LI=
MITATION OR EXCLUSION MAY NOT APPLY.=20

c. Trademarks. All logos and trademarks contained on this Site are and rema=
in 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.=20

d. Changes to Terms. These Terms may be changed or updated by the Host with=
out notice.=20

e. Export Compliance. You agree that U.S. export control laws and other app=
licable export and import laws govern your Submissions and use of the Site,=
 Materials and Submissions, including technical data; additional informatio=
n 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 expor=
ted, directly, or indirectly, in violation of these laws, or will be used f=
or any purpose prohibited by these laws including, without limitation, nucl=
ear, chemical, or biological weapons proliferation.=20

f. Governing Law. These Terms of Use are governed by the substantive and pr=
ocedural laws of Delaware. =20

g. General. You agree that these Terms of Use are the complete agreement fo=
r the Site, Materials and Submissions, and these Terms of Use supersedes al=
l prior or contemporaneous agreements or representations. If any term of th=
ese Terms of Use is found to be invalid or unenforceable, the remaining pro=
visions will remain effective.=20


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