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BerliOS Developer Foundries
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BerliOS Developer Terms of Service Agreement
1. ACCEPTANCE OF TERMS
A person's use of BerliOS Developer and any of its Services (as defined below) at
any time is subject to BerliOS Developer then-current Terms of Service ("TOS"),
which may be updated from time to time as set forth below. Each user can
review the then-current TOS at any time at:
http://developer.berlios.de/tos/tos.php.. In addition, each user's use of
particular Services may be subject to specific guidelines or rules
("Service-specific Rules") posted from time to time and incorporated by this
reference into the TOS. A user's use of BerliOS Developer and/or its Services
constitutes full acceptance of and agreement to the TOS; if a user does not
accept our TOS, he or she is not granted rights to use BerliOS Developer or any of
its Services, as defined herein, and should refrain from accessing
BerliOS Developer and its Services.
To update the TOS or any Service-specific Rules, we will both post the
changed version and its effective date at
http://developer.berlios.de/tos/tos.php. Concurrently with any change to the
core TOS, we will email notice of the change to known users at least 15 days
(or such shorter or longer time as mandated by law or any judicial or
government body) in advance. If we change any Service-specific Rules, we
will post the changed version on the location where those Service-specific
Rules normally appear, reference the change on the primary page for that
Service and include a link to the previous version of the rules.
BerliOS Developer reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, BerliOS Developer or any Service
thereon (or any part thereof) with notice to users and the public as
described above, or immediately in the event of technical difficulties.
BerliOS Developer shall not be liable to any user or other third party for any
such modification, suspension or discontinuance except as expressly provided
herein.
2. DESCRIPTION OF SERVICE; NO WEB ACCESS
BerliOS Developer is a website owned and operated by Fraunhofer FOKUS, for
the purpose of fostering software development and content creation under
Open-Source Initiative ("OSI")-approved licenses or other arrangements
relating to software and/or content development that may be approved by
BerliOS Developer (the "Purpose"). BerliOS Developer currently offers users access to a
rich collection of on-line resources for Open Source software development
and content creation, including various communications tools, source code
control and project management tools, online forums, shopping services,
personalized content and branded programming through its network of
properties (collectively, the "Services"). To use the Services, each user
must independently obtain access to the World Wide Web, either directly or
through devices that access Web-based content, and pay any and all service
fees or equipment costs associated with such access.
3. REGISTRATION OBLIGATIONS
If required by the site in question, each user must: (a) provide true,
accurate, current and complete information on the Service's registration
form (collectively, the "Registration Data") and (b) maintain and promptly
update the Registration Data as necessary. If, after investigation, we have
reasonable grounds to suspect that any user's information is untrue,
inaccurate, not current or incomplete, we may suspend or terminate that
user's account and prohibit any and all current or future use of the
Services (or any portion thereof) by that user other than as expressly
provided herein.
Each user will receive a password and account designation upon completing
the Service's registration process and is wholly responsible for maintaining
the confidentiality thereof and wholly liable for all activities occurring
thereunder. BerliOS Developer cannot and will not be liable for any loss or
damage arising from a user's failure to comply with this Section, including
any loss or damage arising from any user's failure to (a) immediately notify
BerliOS Developer of any unauthorized use of his or her password or account or any
other breach of security and (b) ensure that he or she exits from his or her
account at the end of each session.
BerliOS Developer handles user Registration Data in accordance with the
BerliOS Developer Privacy Policy accessible at
http://developer.berlios.de/tos/privacy.php.
4. CONTENT
All information, data, text, software, music, sound, photographs, graphics,
video, messages or any other materials whatsoever (collectively, "Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means
that the user, and not BerliOS Developer, is entirely responsible for all Content
that he or she uploads, posts, emails or otherwise transmits via BerliOS Developeror any Service. No user shall transmit Content or otherwise conduct or
participate in any activities on BerliOS Developer and/or any Service which, in
the opinion of BerliOS Developer's counsel, are prohibited by law in applicable
jurisdictions, including laws governing the encryption of software, the
export of technology, the transmission of obscenity or the permissible uses
of intellectual property.
BerliOS Developer will not pre-screen or review Content, but BerliOS Developer reserves
the right to refuse or delete any Content of which it becomes aware which it
reasonably deems not to fulfill the Purpose. In addition, BerliOS Developer shall
have the right (but not the obligation) in its sole discretion to refuse or
delete any Content which it reasonably considers to violate the TOS or be
otherwise illegal. BerliOS Developer, in its sole and absolute discretion, may
preserve Content and may also disclose Content if required to do so by law
or judicial or governmental mandate or as reasonably determined necessary by
us to protect the rights, property or personal safety of BerliOS Developer, its
users and the public. BerliOS Developer does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. Under no circumstances will BerliOS Developer be liable
in any way for any Content, including, but not limited to, liability for any
errors or omissions in any Content or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or otherwise
transmitted via BerliOS Developer or any Service thereon.
Each user, by using BerliOS Developer or any Service, may be exposed to Content
that is offensive, indecent or objectionable. Each user must evaluate, and
bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content.
Licensing and Other Terms Applying to Code and Other Content Posted on
BerliOS Developer:
Use, reproduction, modification, and other intellectual property rights to
data stored in CVS or as a file release and posted by any user on
BerliOS Developer ("Source Code") shall be subject to the OSI-approved license
applicable to such Source Code, or to such other licensing arrangements that
may be approved by BerliOS Developer as applicable to such Source Code.
With respect to text or data entered into and stored by publicly-accessible
site features such as message boards and bug trackers ("BerliOS Developer Public
Content"), the submitting user retains ownership of such BerliOS Developer Public
Content; with respect to publicly-available statistical content which is
generated by the site to monitor and display project activity, such content
is owned by BerliOS Developer. In each such case, the submitting user grants
BerliOS Developer the royalty-free, perpetual, irrevocable, non-exclusive and
fully sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display such Content (in whole or part) worldwide and/or to incorporate it
in other works in any form, media, or technology now known or later
developed, all subject to the terms of any applicable Open Source
Initiative-approved license.
With respect to Content posted to private areas of BerliOS Developer, i.e.,
private BerliOS Developer development tools or BerliOS Developer Mail, the submitting
user may grant to BerliOS Developer or other users such rights and licenses as the
submitting user deems appropriate.
Content located on any BerliOS Developer-hosted subdomain which is subject to the
sole editorial control of the owner or licensee of such subdomain, shall be
subject to the OSI-approved license applicable to such Source Code, or to
such other licensing arrangements that may be approved by BerliOS Developer as
applicable to such Content.
5. NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any
portion of the Services, use of the Services or access to the Services.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
BerliOS Developer may establish general practices and limits concerning use of the
Services, as defined by posted Service-specific Rules. While
BerliOS Developer
will use reasonable efforts to back up site data and make such data
available in the event of loss or deletion, BerliOS Developer has no
responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted
by any Service. BerliOS Developer reserves the right to mark as "inactive" and
archive accounts and/or projects that are inactive for an extended period of
time. BerliOS Developer reserves the right to change these general practices and
Service-specific Rules at any time, in its sole discretion, with notice to
users and the public as described in Section 1 above.
7. TERMINATION
A user's account may be terminated for reasons that include, but are not
limited to, the following: 1.) violation of these TOS; 2.) abuse of site
resources or attempt to gain unauthorized entry to the site or site
resources; 3.) use of Service in a manner inconsistent with the Purpose; 4.)
a user's request for such termination; and 5.) requirement of applicable
law, regulation, court or governing agency order.
BerliOS Developer's termination of any user's access to BerliOS Developer or any Service
hereunder may be effected without notice and, on such termination,
BerliOS Developer may immediately deactivate or delete user's account and/or bar
any further access to such files, that Service or BerliOS Developer. BerliOS Developershall not be liable to any user or other third party for any termination of
that user's access or account hereunder.
Notwithstanding the foregoing, unless prohibited by law or judicial or
governmental order, BerliOS Developer shall make reasonable efforts to make
available all information in a user's account to that user prior to deleting
that account or marking that account "inactive", including emailing to the
affected user 15-days prior notice of such termination and the location of
such user's information, and retaining all information for at least 15 days
after emailing such notice..
8. LINKS
BerliOS Developer, any Service or a third party may provide links to other
Websites. BerliOS Developer exercises no control whatsoever over such other
Websites and Web-based resources and is not responsible or liable for the
availability thereof or the Content, advertising, products or other
materials thereon. BerliOS Developer shall not be responsible or liable, directly
or indirectly, for any damage or loss incurred or suffered by any user in
connection therewith.
9. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Each user shall indemnify, defend and hold harmless each of Fraunhofer FOKUS
and its affiliates and their respective officers, employees
and agents, and any of Fraunhofer FOKUS's website partners from any and all
claims or demands, including reasonable attorneys' fees, made by any third
party due to or arising out of that user's acts or omissions, including
claims arising out of that user's use of BerliOS Developer; his or her submission,
posting or transmission of Content or his or her violation of the TOS.
EACH USER'S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND BERLIOS ASSUMES NO
RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO
STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS
OF DATA WHICH RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BERLIOS
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY,
BERLIOS MAKES NO WARRANTY THAT (i) BERLIOS OR ANY SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER
EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
EXCLUDING ONLY DAMAGES ARISING OUT OF Fraunhofer FOKUS' GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT, Fraunhofer FOKUS SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Fraunhofer FOKUS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR
INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER
MATTER RELATING TO BERLIOS OR ANY SERVICE. IN NO EVENT SHALL Fraunhofer FOKUS TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE
TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT
VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND
BETWEEN Fraunhofer FOKUS AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE
TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, Fraunhofer FOKUS DOES NOT AND CANNOT CONTROL THE ACTIONS OF BERLIOS USERS,
VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY
MALFEASANCE WHICH COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES.
WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO BERLIOS
OR ANY SERVICES. OPERATION OF THE WEBSITE MAY BE SUBJECT TO INTERFERENCE
FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND
PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK
MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS
OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY
DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH
OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY
Fraunhofer FOKUS.
10. TRADEMARK INFORMATION
SourceForge, the SourceForge logo and other SourceForge trademarks, service
marks, and product and service names are trademarks of VA Linux Systems Inc.
(the "SourceForge Marks"). VA Linux Systems is a trademark of VA Linux
Systems, Inc. Linux is a registered trademark of Linus Torvalds. All other
marks are property of their respective owners. Users may display or use the
SourceForge Marks in only in accordance with VA's Trademark Use Guidelines.
11. COPYRIGHTS
BerliOS Developer respects the intellectual property of all parties and we ask our
users to do the same. If a user or other third party believes that its
Content has been copied in a way that constitutes copyright infringement,
that user or third party should provide BerliOS Developer with the following
information: (a) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (b) a
description of the copyrighted work that has been infringed; (c) a
description of where the allegedly infringing material is located on the
Website; (d) the affected user or third party's address, telephone number
and email address; (e) a statement by the affected user or third party that
he or she has a good faith belief that the disputed use is not authorized by
the copyright owner, its agent or the law; and (f) a statement by the
affected user or third party, under penalty of perjury, that the above
information is accurate and that such user or third party is the copyright
owner or is otherwise authorized to act on the copyright owner's behalf. If
BerliOS Developer receives such a claim, BerliOS Developer reserves the right to refuse
or delete Content as described under Section 4 hereto, or to terminate a
user's account in accordance with Section 7.
12. GENERAL INFORMATION
The TOS constitute the entire agreement between each user and Fraunhofer FOKUS
and govern each user's use of the Service, superceding any
prior agreements. Each user may be subject to additional terms and
conditions that may apply when that user uses affiliate services, third
party content or third party software. The TOS and the relationship between
each user and Fraunhofer FOKUS shall be governed by the laws of
Germany without regard to its conflict of law provisions and each party
shall submit to the personal and exclusive jurisdiction of the courts
located within the state of Berlin, Germany. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
13. VIOLATIONS
Please report any violations of the TOS, any alleged copyright infringements
or any other matters to the BerliOS Developer Support Manager at
admin@berlios.de.
VA Linux Systems and SourceForge are trademarks of VA Linux Systems, Inc.
Linux is a registered trademark of Linus Torvalds. All other trademarks and
copyrights on this page are property of their respective owners. For
information about other Content of this page, please see the Terms of
Service governing usage of this site at http://developer.berlios.de/tos/tos.php.
For BerliOS Developer privacy policy information, please see
http://developer.berlios.de/tos/privacy.php. Content owned by Fraunhofer FOKUS is
copyright 2000-2002 Fraunhofer FOKUS. All rights reserved.
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