1. INTRODUCTION. This Site and its contents are made available by GEPHI NGO These Terms of Use apply to everyone who Uses this Site (as defined below), or who participates in any Projects hosted on this Site. THIS DOCUMENT IS A LEGAL CONTRACT, PLEASE READ IT CAREFULLY FIRST. BY USING THE SITE, MATERIALS OR PARTICIPATING IN ANY PROJECTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE SITE OR MATERIALS OR PARTICIPATE IN ANY PROJECTS HOSTED ON THIS SITE.
2. DEFINITIONS. As used here:
a. "Hosts" means Gephi NGO
b. "Materials" means source code, code samples, object code, technical materials, documentation, discussion thread postings, blogs, wikis, data, and any other content, information, technology or services available on the Site.
c. "Project" means a project hosted on the Site.
d. "Site" means the collection of Gephi NGO web pages (including any repository) from which these Terms are linked, or that prompt or require Users to view or accept these Terms before accessing such pages, as well as any successor web pages or other technology as may be designated by the Hosts. For the avoidance of doubt, Site includes any repositories to which Gephi NGO otherwise indicates these Terms apply.
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 any 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. Materials May Have 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 (but not including Your Submissions which are governed by Sections 4.b and 4.c herein), 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.
b. Use at Your Own Risk. You understand that the Hosts may or may 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, defamatory or offensive content, and the possibility that the Materials infringe or misappropriate the intellectual property rights of others. You agree to assume all such risks. If Hosts become aware of Submissions that violate these Terms or that Hosts believe to be obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable, they may act in good faith to restrict access to or availability of the material. If You notice that any other User’s Submissions appear to violate these Terms, or if any other User makes You feel harassed or unsafe, You agree to contact us immediately.
c. Don’t Blame the Messenger. You understand that Materials may contain the opinions of others and You do not hold the Hosts responsible for such opinions.
d. Copyright Infringement. We are committed to respecting others’ intellectual property rights, and we ask our Users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Site, please contact Gephi NGO’s copyright agent as described in our copyright agent website located at http://www.gephi.org/share/text/copyright_agent.html .
e. Management of Materials and Access. You agree that the Hosts have sole discretion in deciding whether to accept and post Materials, and that they 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 Hosts have no obligation to store or back up any Materials. You agree that the Hosts have 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 Hosts, and you agree that the Hosts have 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 community 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 represent and warrant that You have all rights needed to provide Your Submissions to the Hosts for posting to the Site in accordance with these Terms and to grant the licenses set forth in sections 4.b and 4.c. You agree that Your Submissions cannot and do not: (i) infringe, misappropriate or violate the intellectual property rights or privacy interests of others; (ii) constitute confidential or trade secret information, or information subject to anyone’s privacy interests; (iii) harm Gephi NGO or the Site, interfere with the Site’s normal operation, breach its security or authentication measures, or constitute deceptive practices such as spamming, phishing or an attack on a network; (iv) include or constitute anything inaccurate, harmful, obscene, pornographic, defamatory, racist, or otherwise objectionable to a reasonable User; or (v) violate any law, ordinance, or regulation of any country, state or locality. YOU AGREE THAT YOU, AND NOT THE HOSTS, ARE FULLY RESPONSIBLE FOR YOUR SUBMISSIONS AND THAT YOU, AND NOT THE HOSTS, 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 New BSD License, which terms can be found at http://opensource.org/licenses/bsd-license.php. Notwithstanding the two previous sentences, for source code contributed to Host-led Projects, You hereby grant to Hosts 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, publicly perform, publicly display and use such source code, and to incorporate or implement it 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 source code. In any case, 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 Submissions contributed to a Project. The Hosts do not claim ownership of Your Submissions. However, in order to fulfill the purposes of this Site, You must give the Hosts and all Users the right to post, access, discuss, use, publish, disseminate and refine Your Submissions. In legalese: You hereby grant to the Hosts 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 or implement 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 Hosts, and their sublicensees are responsible for any modifications they make to the Submissions of others.
i. Private Projects. With respect to a Project that is designated as "Private," the preceding license is limited to Users who have access to the Project (including Hosts), and You may sublicense such rights only to other Users with authorized access to the Project.
d. Moral Rights . You agree that with respect to any "moral" or equivalent rights (including, without limitation, rights of attribution, integrity, disclosure, and withdrawal) You hereby: (i) assign such rights to Hosts, (ii) waive such rights and (iii) agree never to assert such rights or to institute or maintain any action against Hosts or Users relative to any such rights in Your Submissions. To the extent that such rights cannot be assigned or waived by operation of law, You grant to Hosts, a royalty-free, perpetual, irrevocable and worldwide license to fully exercise all such rights akin to ownership, with rights to sublicense through multiple levels of sublicensees and You further consent to Host’s use sufficient to allow Hosts to exercise the rights granted herein.
e. Projects May Have Other Contributor Agreements. Some Projects are governed by their own terms regarding Submissions and may require You to sign an agreement (such as a Contributor Agreement) assigning and/or licensing Your rights in Your Submissions.
f. Privacy. You consent to the collection, processing and storage by the Hosts of any personal information provided by You in accordance with the terms of Gephi NGO’s Privacy Policy, which is available at http://www.gephi.org/privacy and incorporated into these Terms by reference. You agree to comply with all applicable laws and regulations, and the terms of Gephi NGO’s Privacy Policy, with respect to any Use by You of any personal information in connection with this Site. Notwithstanding anything to the contrary, if You choose to participate in an open source or community source process on this Site – whether by contributing code, participating in mailing lists, signing a contributor agreement or sending an e-mail – Your participation is public and Your privacy cannot be protected to the extent that You provide personal information such as Your e-mail address, username or full name. To the extent that You contribute code, information, articles or other material to this Site containing personal information, the Hosts cannot protect the privacy of such personal information and such material may be provided to others under the Terms, contributor agreement and/or applicable licenses.
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 HOSTS DISCLAIM ALL EXPRESS AND 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 HOSTS MAKE 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 HOSTS ARE 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 HOSTS HAVE 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 OR GROSS 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. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM AGAINST HOSTS FOR LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE SITE OR MATERIALS. YOU AGREE TO HOLD HOSTS HARMLESS FROM, AND YOU COVENANT NOT TO SUE HOSTS, FOR ANY CLAIMS IN CONNECTION WITH THE SITE OR ANY MATERIALS, INCLUDING THIRD PARTY MATERIALS AND SUBMISSIONS.
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 . Hosts reserve the right to change or update these Terms or to modify any features of the Site at any time, so Hosts encourage You to review the Terms periodically before using the Site or Materials. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link at the bottom of any page on the Site. By continuing to Use the Site or Materials after the posting of any changes to the Terms, You agree to be bound by such changes. You are also required to comply with all applicable laws in connection with Your access to and Use of the Site and Materials, and such further limitations as may be set forth in any subsequent notice from Hosts. As a condition of Your access and Use of the Site and Materials, you warrant that You will not use the Site or Materials for any purpose that is unlawful or prohibited by the Terms.
e. Export Compliance . Materials and Submissions may be subject to U.S. export controls or the trade laws of other countries. You agree to comply with all such laws and to obtain such licenses as may be required. Materials and Submissions containing encryption software, technology and/or technical assistance involving encryption (collectively "Encryption Technology ") may be subject to U.S. Export restrictions. You agree not to submit any Encryption Technology to this Site. You warrant that you are not identified on the most current U.S. export exclusion lists or located in or a national of countries that are prohibited from participating in this Site by reason of U.S. embargo or other trade prohibitions as specified in the U.S. export laws, including but not limited to the Commerce Department’s Export Administration Regulations (EAR) and the Treasury Department’s Office of Foreign Asset Control regulations. You agree not to use the Site, Materials or Submissions for nuclear, missile, chemical, or biological weaponry end uses.
f. Governing Law. These Terms are governed by the laws of the State of California and applicable U.S. Federal law without regard to choice of law rules or the United Nations Convention on the International Sale of Goods. With respect to any disputes relating to these Terms, You agree to submit to the personal jurisdiction of the U.S. District Court for the Northern District of California, and the state courts of the State of California for the County of Santa Clara.
g. General . These Terms constitute the entire agreement between You and the Hosts regarding their subject matter, and supersede any prior versions. No modification to the Terms will be binding, unless authorized by the Hosts in writing or as provided in Section 5.d above. Any express waiver or failure to exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any competent court, governmental entity or arbitrator, such provision will be replaced with an enforceable provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of these Terms. Rights and obligations under these Terms other than provisions that authorize You to Use or access the Site or Materials will remain in effect after termination or expiration of this agreement between us. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Hosts as a result of these Terms or Your access to or Use of the Site and Materials.
