Terms and Conditions
This Website ("Web Site") and except for Content provided by others, all information, images, and materials on it are owned by Actuate Corporation ("Actuate") and are provided to you subject to the following terms and conditions ("Terms"). As long as you comply with the Terms, Actuate grants you a personal, non-exclusive, non-transferable and revocable license to use the Web Site and the Actuate Software and Content owned by Actuate and to post Content. Actuate retains the right, in its sole discretion, to modify these Terms and to terminate your rights hereunder for any reason at any time. Any rights not expressly granted by Actuate are reserved.
- RULES RELATED TO USE OF THE WEB SITE
- You may not use the Web Site for any illegal activity or to:
- do anything that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity;
- use Content you do not have a right to use or to use Content in a manner in which you are not authorized (such as to submit inside information or proprietary and confidential information or intellectual property that you do not own or have a license to use);
- conduct advertising through "junk mail," "spam," or other mass solicitation;
- provide Content that contains viruses or similar features intended to interrupt the functionality of any software or hardware or the Web Site or networks connected to the Web Site;
- collect or store personal data about others.
- Actuate does not scan Content or Submissions (defined below), but will take any appropriate action, including disclosing any information that it believes is appropriate to remedy what it considers a violation of these Terms, including for example any Registration Information or email addresses, usage history, Content, IP addresses and traffic information.
- USE OF CONTENT POSTED ON THE WEB SITE
- "Content" includes all information found on the Web Site in any form. Examples of content are: code or software programs, code samples, technical materials, white papers, FAQs, e-mails, message board or other postings, links, comments, information, data, feedback, ideas, descriptions of processes or other information.
- You agree to be bound by all licenses, terms, proprietary right notices and copyright notices accompanying Content. In the event of any conflict between the Terms and a license applicable to specific Content, the specific license terms are the ones you should follow.
- Any Content posted on the Web Site that does not have a specific license accompanying it, including all derivative works thereof and all Contributions (as defined in the EPL) that are directly accessible from the Web Site are licensed subject to the terms and conditions of the Eclipse Public License Version 1.0 located at www.eclipse.org/org/documents/epl-v10.php ("EPL"). These Terms do not limit or modify any rights or obligations contained in the EPL.
- You agree to:
- download any applicable copyright notice and licenses associated with Content
- comply with all license terms applicable to such Content. You assume all risks associated with your failure to comply with the foregoing.
- You agree to assume all risks associated with downloading and using Content. You agree to take all necessary precautions to ensure that Content you download does not contain viruses, worms or other similar items. Actuate provides no assurance that the Content does not contain any viruses, worms or similar items, nor that any such issues can or will be resolved.
- Content may contain opinions of authors that are not those of Actuate even if the authors are Actuate employees.
- TERMS RELATED TO YOUR SUBMISSIONS TO THE WEB SITE
- All Content that you submit for posting on this Web Site for which you would be considered an initial Contributor under the Eclipse Public License Version 1.0 located at www.eclipse.org/org/documents/epl-v10.php ("EPL") ("New Software Submissions") may be made available on the Web Site (conditioned upon Actuate's approval which may be denied or revoked at any time) under these Terms subject to an open source license that you choose, so long as the license has been approved by the Open Source Initiative ("OSI") (See http://www.opensource.org.) and is compatible with the EPL. If you do not tell us which open source license you want to use with your New Software Submission, the EPL shall apply.
- All Content, other than software code, that you submit for posting on this Web Site ("Non-Software Submissions") may be made available on the Web Site (conditioned upon Actuate's approval which may be denied or revoked at any time) under these Terms. You grant Actuate and other Web Site users a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license under your intellectual property rights (including, but not limited to, copyright, patent trademark and trade secret rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Non-Software Submissions (in whole or part) worldwide and/or to incorporate them in other works in any form, media, or technology now known or later developed.
- You, and not Actuate or anyone else, are responsible for the Content you provide to or through the Web Site. You may only submit Content that is: (i) owned by you, (ii) submitted with the express permission of the owner, or (iii) in the public domain. In addition, all material posted to the Web Site by you must be relevant to the Web Site's stated purpose and must be in good taste as determined by common sense and the most restrictive community standards.
You, and not Actuate or anyone else, are responsible for all claims that relate to or arise out of your New Software Submissions and Non-Software Submissions (collectively "Submissions") including for example, alleged violations or violations of: (a) anybody's legal or intellectual property rights; or (b) any statute, regulation or law of any country. You represent, warrant and agree that your Submissions are not confidential and are not trade secrets. You agree to indemnify, defend and hold harmless Actuate and its respective shareholders, subsidiaries, affiliates, successors, officers, agents, assigns, co-branders or other partners, and employees, from any suit, loss, claim, demand, liability, cost and expense, including reasonable attorneys' and accounting fees, (i) made by anyone due to or arising out of any Submission you submit, post to or transmit through the Web Site; (ii) arising from or related to your violation of the Terms.
ACTUATE MAKES THIS WEB SITE AND ALL CONTENT AVAILABLE ON AN "AS IS" BASIS. UNLESS SPECIFIED HEREIN, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. YOU ASSUME THE ENTIRE RISK OF USE OF THIS WEBSITE AND ANY CONTENT. WITHOUT LIMITING THE FOREGOING, ACTUATE MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) YOUR USE OF THE WEB SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR (iii) THE CONTENT OR ANY INFORMATION ON THE WEBSITE IS COMPLETE OR ACCURATE. YOU ASSUME ALL RISK OF LOSS FOR THE DOWNLOAD OR USE OF CONTENT. YOU ACKNOWLEDGE THAT THE CONTENT IS NOT DESIGNED, LICENSED OR INTENDED FOR USE IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY.
- LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH HEREIN, IN NO EVENT WILL ACTUATE, OR ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS, OFFICERS AND ASSIGNS, OR THE OTHER USERS OF THIS WEBSITE BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE, YOUR DOWNLOAD OR USE OF CONTENT FROM THIS WEBSITE, OR THE UNAVAILABILITY OF ANY CONTENT AT ANY TIME, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS USE OR DATA EVEN IF ACTUATE OR THE OTHER USERS OF THIS WEBSITE ARE EXPRESSLY ADVISED OR AWARE, WHETHER ACTUALLY OR CONSTRUCTIVELY, OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ACTUATE IN CONNECTION WITH THE WEB SITE OR CONTENT IS TO CEASE YOUR USE OF THE WEB SITE AND CONTENT.
- From time to time Actuate may offer contests which will be subject to these Terms as well as some additional requisite terms and conditions, applicable for the type of contest that is being held. The types of contests and corresponding rules are as follows.
- DevShare Submissions. While the Terms of the Web Site shall continue to apply, there are no additional rules for DevShare Submissions or DevShare Contests.
- Marketplace Program. If you have entered into a Marketplace Program, in addition to these Terms, you agree to the following terms. You will retain ownership of all intellectual and industrial property rights (including moral rights) in and to the program entry. As a condition to your entry, you grant Actuate a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, and display your program entry for (1) the purposes of allowing Actuate and other representatives to test and evaluate the entry for purposes of the program and (2) in connection with advertising and promotion of via communication to the public or other groups, including, but not limited to the right to make screenshots, animations, and video clips available for promotional purposes.
- Technology Acquisition Program. If you have entered into a Technology Acquisition Program, in addition to the Terms, you agree to the following terms. You will retain ownership of all intellectual and industrial property rights (including moral rights) in and to the program entry. As a condition to your entry, you grant Actuate a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, and display your program entry for (1) the purposes of allowing Actuate and other representatives to test and evaluate the entry for purposes of the program and (2) in connection with advertising and promotion of via communication to the public or other groups, including, but not limited to the right to make screenshots, animations, and video clips available for promotional purposes. Such license will include, for prize winners, the irrevocable right to use such license for purposes of commercial sales and development, marketing, promotional and other purposes.
- All contests will also be subject to applicable rules for each particular contest that are posted on the contest web page or literature that pertain to such contest. By way of example, such rules may include, judging, submission entries, deadlines, and similar topics to help clarify the particular requirements and expectations for each individual contest.
- Actuate employees and their immediate families are not eligible to participate in any contest unless otherwise stated by Actuate in writing.
- Potential contest winners may be required to sign a representation of eligibility and liability publicity release within 30 days following attempted notification. Failure to comply with this timeframe may result in disqualification and selection of an alternate winner.
- Payments to potential winners are subject to the express requirement that they submit to Actuate all documentation requested by Actuate to permit it to comply with all applicable US, state, local and foreign (including provincial) tax reporting and withholding requirements. All prizes will be net of any taxes Actuate is responsible by law to withhold. All taxes imposed on prizes are the sole responsibility of the winners.
- Actuate or third parties may provide links to other sites or resources through the Web Site. You acknowledge and agree that Actuate is not responsible for the availability of such external sites or resources or your use of such sites.
- Actuate and other marks on the Web Site are registered trademarks of Actuate (the "Actuate Marks") in the United States and other countries. You may not display or use the Actuate Marks in any manner without Actuate's prior written permission. "Eclipse" and "BIRT" are trademarks of the Eclipse Foundation.
- If you have a concern about anyone's use of the Web Site or that any Content violates the intellectual property rights of someone, please describe your concern, include a description of the location of the potentially offending material, your address, telephone number and e-mail address. Deliver the information to Actuate Corporation, 951 Mariners Island Boulevard, San Mateo, CA 94404, Attention: General Counsel.
- You agree to comply with all current laws and regulations of the U.S. Government or any country in which you access the Web Site or download Content, including, without limitation, export control laws, and you agree to indemnify Actuate from any costs and losses arising from or related to your non-compliance. You further agree and represent and warrant that you will not export or re-export the Actuate Software, the underlying information or technology, Content nor Submissions (i) to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country subject to applicable United States trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to any named party or individual on the U.S. Department of Treasury, Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, and/or the U.S. Department of Commerce, Bureau of Export Administration Denied Persons List or Entity List.
- Any Content posted on the Web Site by Actuate Corporation ("Actuate Software") includes the valuable proprietary and trade secret information and property of Actuate or its licensors. Title, ownership rights and intellectual property rights, including but not limited to, copyright and patent rights in the Actuate Software shall remain with Actuate and/or its suppliers.
- Actuate Software, including related documentation, is provided with Restricted Rights. The use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in this SLA, and in the applicable provisions of subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19. The manufacturer is Actuate Corporation, 951 Mariners Island Boulevard, San Mateo, California 94404.
- These Terms and any dispute arising out of or in connection with these Terms, the Software or any Content ("Dispute") will be governed by California law. The Convention on Contracts for the International Sale of Goods shall not apply. If you are in the United States, you submit to the personal jurisdiction of the courts in San Mateo County, California, USA, and all Disputes shall be exclusively subject to the jurisdiction of such courts. Otherwise, all Disputes shall be resolved by final and binding arbitration before three (3) arbitrators pursuant to the rules and under the auspices of the International Chamber of Commerce, Paris. The arbitrators shall have the authority to determine issues of arbitrability and to award compensatory damages, but they shall not award punitive or exemplary damages. At either party's request, the arbitrators shall issue a written decision explaining the facts and legal reasoning on which their decision is based. The arbitration proceedings shall be conducted in the English language and take place in San Francisco, California, or any other place on which all three arbitrators unanimously agree. As the sole exception to the foregoing agreements on exclusive jurisdiction and arbitration, either party may, at its sole discretion, seek preliminary or permanent injunctive relief in any court of competent jurisdiction.
- If and to the extent that any provision of these Terms are invalid or unenforceable under applicable law, then such provisions shall be interpreted in a manner that comes as close as possible to its original intent, and the remaining provisions shall nevertheless remain in full force and effect.
- These Terms represent the entire agreement and understanding between the parties and supersede any prior or contemporaneous agreements and understandings regarding the subject matter hereof. Actuate does not accept, and Actuate hereby expressly rejects, any additional terms that you may present on purchase orders or otherwise. Any that may reasonably be interpreted as being intended by the parties to survive the termination or expiration of the Terms shall survive any such termination or expiration.