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Terms
of Use
BY ACCESSING, BROWSING OR USING THIS WEBSITE, ANY OF ITS SOFTWARE, CONTENT
OR
INFORMATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE
TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE
TERMS,
DO NOT USE THIS WEBSITE.
1. This Website is
a service made available by CollabNet, Inc. and Sun Microsystems, Inc.
(collectively
"Hosts") and by the users of this Website ("Users").
All software, documentation, information and other
materials provided on and through this Website ("Content") may
be used only under the following terms
and conditions ("Terms of Use") and any applicable licenses.
2. This Website may
contain other proprietary notices, licenses and copyright information,
the terms of
which must be observed and followed by you. In the event of any conflict
between the license(s) applicable
to content on this Website and the Terms of Use, the applicable license(s)
prevail.
3. The Users and Hosts
assume no responsibility regarding the accuracy of the Content. Any Content
downloaded or obtained from this Website is done at your own risk. It
is up to you to take precautions to
ensure that whatever you select for your use does not contain items such
as viruses, worms or other items of
a destructive nature. The Users and Hosts provide no assurances that any
problems with, or bugs in, the
Content will be resolved. Except as otherwise expressly stated, by providing
the Content, the Hosts do not
grant any licenses to any copyrights, patents or any other intellectual
property rights.
4. The Users and Hosts
do not want to receive confidential information from you through this
Website.
ANY INFORMATION OR MATERIAL SENT TO THIS WEBSITE WILL BE DEEMED NOT TO
BE
CONFIDENTIAL. You acknowledge that you are responsible for the Content
that you submit, and you, not
the Hosts, have full responsibility for that Content, including its legality,
reliability, appropriateness,
originality, patent and copyright.
5. You are prohibited
from posting or transmitting to or from this Website any unlawful, threatening,
libelous, 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.
6. The Users and Hosts
make no representations whatsoever about any other website that you may
access
through this Website or through a link from this Website. When you access
another website, even one that
may contain this Websites name or mark, please understand that it
is independent, and that the Users and
Hosts have no control over the content on other websites and that such
link does not mean that the Users or
Hosts endorse or accept any responsibility for the content on, or the
use of, such website.
7. IN NO EVENT WILL
THE USERS AND/OR HOSTS BE LIABLE TO YOU OR ANY OTHER
INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL
OR
CONSEQUENTIAL DAMAGES RELATED TO ANY USE OF THIS WEBSITE, ITS CONTENT
OR ON
ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, LOST SALES, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR OTHER DATA EVEN IF THE USERS OR HOSTS ARE EXPRESSLY
ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
8. ALL CONTENT IS
PROVIDED BY THE USERS AND HOSTS ON AN "AS IS" BASIS ONLY. YOU
ASSUME ALL RISK OF LOSS FOR THE USE THEREOF. THE USERS AND HOSTS 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.
9. The Users and Hosts
reserve the right to investigate complaints or reported violations of
these Terms of
Use, and/or applicable licenses and copyright information on the Websites
and to take any action they deem
appropriate including, without limitation, reporting and providing information
of any suspected unlawful
activity to law enforcement officials, regulators, or other third parties,
including 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.
10. The Users and
Hosts 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.
11. The Content provided
on this Website is provided under the terms and conditions of the applicable
license(s) on the Website. Any Content provided by you is made available
to Users and Hosts under the
terms of the license(s) applicable to contributing such Content to the
Website. For all Content, including,
without limitation, patent and intellectual property rights in such Content,
ideas, concepts, know-how and
techniques, uploaded, submitted or otherwise made available by you on
the Website or to the Users and/or
the Hosts (collectively "Material"), you grant (or warrant that
the owner of such rights has expressly
granted) the Hosts a worldwide, unrestricted, royalty-free, fully paid
up, irrevocable, perpetual, non-
exclusive license to use, make, reproduce, import, compile, prepare derivative
works of, publicly display,
publicly perform, transmit, sell, distribute, sublicense, demonstrate,
market, disclose, have made, offer for
sale, lease, transfer or otherwise exploit 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.
12. You acknowledge
that the Hosts: (i) do not pre-screen Content; (ii) have discretion to
determine
whether to post or not post Content; and (iii) can delete Content at any
time for any reason. The Content on
this Website may contain technical inaccuracies or typographical errors.
The Content may be changed or
updated without notice. The Hosts and Users may also make improvements
and/or changes to the Content
at any time without notice.
13. You agree to be
responsible for providing accurate and complete information about yourself
during
registration and to updating such information to keep it current. The
Hosts may, in their sole discretion,
terminate the accounts or access rights of Users who may have provided
inaccurate or incomplete
information during registration.
14. The Hosts are
committed to respecting others intellectual property rights, and
we ask our Users to do
the same. The Hosts may, in their sole discretion, terminate the accounts
or access rights of Users who may
be infringing or otherwise be violating others intellectual property
rights. If you believe that your work
has been copied in a way that constitutes infringement on this Website,
please contact the copyright agent
as described in the copyright policy on this Website.
15. California law
and controlling U.S. Federal law govern any action relating to these Terms
of Use
without regard to any jurisdictions choice law rules. You agree
to submit all such disputes to the personal
and exclusive jurisdiction of the state and federal courts located within
the county of Santa Clara, California
USA.
Privacy
Policy
1. General.
1.1 We, at CollabNet,
Inc. and Sun Microsystems, Inc. (collectively, the "Hosts"),
are
committed to respecting your privacy and recognize your need for appropriate
protection and management
of any personally identifiable information ("Personal Information")
you share with us. The Hosts
established this Privacy Policy so that you can understand the care
with which we intend to treat your
Personal Information.
1.2 Personal Information means any information that may be used to identify
an individual,
including, but not limited to, a first and last name, a home or other
physical address, an e-mail address or
other contact information, whether at work or at home. In general, you
can visit many of the Hosts web
pages without telling us who you are or revealing any Personal Information
about yourself.
1.3 If you choose
to provide us with your Personal Information on the web, we may transfer
that Personal Information, within the Hosts or to the Hosts third
party service providers, across borders and
from your country or jurisdiction to other countries or jurisdictions
around the world.
1.4 The Hosts strive
to comply with all applicable laws around the globe that are designed
to
protect your privacy. Although legal requirements may vary from country
to country, the Hosts will
adhere to the principles set forth in this Privacy Policy even if, in
connection with the above, we transfer
your Personal Information from your country to countries that may not
require an "adequate" level of
protection for your Personal Information. In other words, our goal is
to provide protection for your
Personal Information no matter where that Personal Information is collected,
transferred or retained.
2. Cookies and
Other Tracking Technologies.
2.1 Some of our
web pages utilize "cookies" and other tracking technologies.
A "cookie" is a
small text file that may be used, for example, to collect information
about your activities on the Website.
The cookie transmits this information back to the Websites computer
which, generally speaking, is the
only computer that can read it. Some cookies may serve to recall Personal
Information previously
registered by a web user. Most browsers allow you to control cookies,
including whether or not to accept
them and how to remove them. You can set your browser to notify you
when you are sent a cookie, giving
you the chance to decide whether or not to accept it.
2.2 You may choose
to block or remove cookies with your browser, but please note that if
you choose to erase your cookies, you will need to re-enter your original
user ID and password to gain
access to certain parts of the Website.
2.3 Other tracking
technologies record anonymous information, such as (i) the name of the
domain and host from which you access the Internet; (ii) the Internet
protocol (IP) address of the computer
you are using; (iii) the browser software you use and your operating
system; (iv) the date and time you
access our Website; and (v) the Internet address of the website from
which you linked directly to our
Website.
2.4 Our use of cookies
and other tracking technologies allows us to remember your interests
(as expressed by the pages you visit on our Website) to customize your
web experience on our Website and
thereby provide you with information and offers that are likely to be
of interest to you. We analyze
information that does not contain Personal Information for trends and
statistics.
3. Notice.
Where the Hosts collects Personal Information on the web, you will see
a purpose
statement that explains why Personal Information will be collected, whether
we plan to share such Personal
Information and with whom. We will not share your Personal Information
with third parties who are not
contractually bound to act on the Hosts behalf without your consent
unless such release is legally required.
4. Choice.
You may choose whether or not to provide Personal Information to the Hosts.
The
notice we provide where the Hosts collects Personal Information on the
web should help you to make this
choice. If you choose not to provide the Personal Information we request,
you can still visit most of the
Hosts Websites, but you may be unable to access certain options,
offers and services that require our
interaction with you.
5. Security.
Wherever your Personal Information may be held within the Hosts or on
its behalf, we
will take appropriate and reasonable steps to protect the Personal Information
that you share with us from
unauthorized access or disclosure.
6. Restricted Privacy
On Open Source and Community Source Websites. If you choose to
participate in an open source or community source process on this Website,
whether by contributing code,
participating in mailing lists or sending e-mails, your participation
is public and your privacy cannot be
protected to the extent that you provide Personal Information such as
your e-mail address. To the extent
that you contribute code, information, articles or other material to this
Website containing Personal
Information, the Hosts cannot protect the privacy of such Personal Information
and such material may be
provided to others under the Websites Terms of Use and applicable
licenses.
7. Access and Accuracy.
To the extent that you do provide us with Personal Information, the
Hosts
wish to maintain accurate Personal Information. Where we collect Personal
Information from you on the
web, we will provide a means of contacting the Hosts should you need to
update or correct that
Information. If for any reason those means are unavailable or inaccessible,
you can send updates and
corrections about your Personal Information to info@collabnet.com and
we will incorporate the changes in
your Personal Information that we hold as soon as practicable.
8. Third Party
Services. Third parties provide certain services available on this
Website on the
Hosts behalf. The Hosts may provide information, including Personal
Information, that the Hosts collects
on the web to third party service providers to help us deliver our goods
and services.
9. Commitment.
We are committed to privacy and through our membership in the Online Privacy
Alliance, are actively involved in and support current industry initiatives
to preserve individual privacy
rights on the Internet. We will only hold your Personal Information for
as long as is necessary for the
purposes for which it is collected. Protecting your privacy on-line is
an evolving area, and the Hosts
Websites are evolving to meet these demands. IF YOU HAVE ANY COMMENTS
OR QUESTIONS
REGARDING OUR PRIVACY POLICY, PLEASE CONTACT US AT INFO@COLLABNET.COM.
WE
WILL ADDRESS ANY ISSUE TO THE BEST OF OUR ABILITIES.
10. Your Consent.
By using this Website, you consent to the terms of our Privacy Policy
and to the
Hosts processing of Personal Information for the purposes given
above and those explained where the
Hosts collects your Personal Information on the web. Should the Privacy
Policy change we will take every
reasonable step to ensure that these changes are brought to your attention
by posting all changes
prominently on our Website for a reasonable period of time.
Copyright
Policy
CollabNet, Inc. ("CollabNet") is committed to respecting others'
intellectual property rights, and we ask
that users of this website do the same. CollabNet may, in its sole discretion,
terminate the accounts or
access rights of users who violate others' intellectual property rights.
If you believe that your work has been copied in a way that constitutes
copyright infringement on this
Website, please deliver the following information to CollabNet's Copyright
Agent:
1. An electronic or physical signature of the person authorized to act
on behalf of the copyright owner;
2. A description of
the copyrighted work that you claim has been infringed;
3. A description of
where the material that you claim is infringing is located on this Website;
4. Your address, telephone
number and e-mail address so that we can contact you;
5. A statement by
you that you have a good faith belief that the disputed use is not authorized
by the
copyright owner, its agent or the law; and
6. A statement by
you, made under penalty of perjury, that the information in your notice
to us is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf.
CollabNet's copyright
agent for notice of claims of copyright infringement on this Website can
be reached
by sending an e-mail to copyright@collab.net or by mail sent to:
By
mail: |
CollabNet,
Inc.
Legal Department
Attn: Copyright Agent
8000 Marina Blvd., Suite 600
Brisbane, CA 94005-1865 |
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