Terms and Conditions of Use of the website
Last update: December 23, 2011
Welcome to the OCCT collaborative development website owned by OPEN CASCADE SAS (hereinafter referred to as the "Website").
PLEASE, READ THE FOLLOWING CONDITIONS CAREFULLY BEFORE YOU USE THIS WEBSITE.
The terms "we", "us" and "OPEN CASCADE" refer to OPEN CASCADE SAS, the author of this Website.
"You" and “Your” refers to the individual person or company accessing this Website.
“Content” means the information and materials (software, documents, text, images, photos, etc) available on this Website.
“Forums” means the chat boards or forums, or other content generating or submitting services such as the issue tracker, on this Website.
“User Posts” means messages and materials You post or upload to the Forums and that are Your property.
“Terms and Conditions” means the terms and conditions described below, and additional terms, conditions, rules and policies which are displayed on this Website at the time of Your access to this Website.
2. LEGAL NOTICE
By using this Website, You accept and agree to be bound by the following Terms and Conditions. These Terms and Conditions are subject to update by OPEN CASCADE at any time with or without notice, and you can review the latest version at http://dev.opencascade.org/index.php?q=terms.
3. INTELLECTUAL PROPERTY AND TRADEMARK NOTICES
This Website and its Content are protected by copyright, the French Law, the European Community and the international agreements in the domain of intellectual property rights (except if otherwise explicitly stated). All rights reserved.
“OPEN CASCADE” and the OPEN CASCADE logo are registered trademarks of OPEN CASCADE SAS. Other product, brand, company names and logotypes that appear on the Website are trademarks or registered trademarks of their respective holders. You have neither right nor permission to use the Content in any way without formal and preliminary authorization from OPEN CASCADE or individuals or organizations to which the copyrights or trademarks belong.
4. USE OF WEBSITE CONTENT
OPEN CASCADE authorizes You to display and use, not exclusively, the Content or this Website solely for personal non-commercial use. Except for the User Posts, You cannot sell or transfer the Content or this Website, reproduce, copy, make derivative works, retransmit, publish, broadcast, display, publicly perform, distribute, or otherwise use the Content or this Website in any way, on any medium, for any public or commercial purpose without the prior written permission of OPEN CASCADE.
As an essential condition of Your use of this Website, any use of this Website other than as explicitly authorized by these Terms and Conditions or any applicable law is prohibited.
Any non-authorized use of this Website constitutes an infringement of intellectual property rights, image rights, personal rights or to any other regulations applicable.
You agree not to bypass or circumvent any measures employed to prevent or limit access to this Website; nor to take any action that imposes, or may impose, at the discretion of OPEN CASCADE, an unreasonable or disproportionately large load on the OPEN CASCADE infrastructure
You agree to not use or transfer this Website and/or its Content as software that do not comply with all applicable national and international (re)export control regulations.
This Website may contain hyperlinks to websites operated by parties other than OPEN CASCADE. Such hyperlinks are provided for Your reference only. OPEN CASCADE does not control such websites and is not responsible for their availability, their content and/or Your use of them. Inclusion of hyperlinks to such websites by OPEN CASCADE does not imply any endorsement of the elements on such websites or any association with their operators.
You are responsible for taking the necessary precautions to make sure that the websites You are going to visit are not infected by viruses, trojans or other destructive parasites, etc.
In all cases, OPEN CASCADE shall not be liable for Your access or use of these hyperlinks.
Any Content that is made available for downloading, access, or other use from this Website with its own license terms, conditions, and notices will be governed by such terms, conditions and notices.
Your failure to comply with the terms and conditions, and notices of the Content You have downloaded from this Website will result in automatic termination of any rights granted to You, without prior notice, and You must immediately destroy all copies of downloaded elements in Your possession or control. Except for the limited permission in the preceding clauses, OPEN CASCADE does not grant You any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
You may not mirror any of the Content from this Website on another web site or in any other media.
7. PERSONAL INFORMATION
You expressly accept that by communicating Your personal data to the Website, namely, in case of Your registration on the Website, You give us the permission to process Your data automatically and store it for the period required for the processing. According to Law N° 78-17 of January 6th 1978 addressing computing, files and personal information, You are entitled to access any information referring to You and demand its modification. The automatic processing of personal information on this Website has been agreed with the CNIL.
If You demand us to correct or remove Your identifiable information, we will implement the required modifications as soon as possible, however, You should understand and accept that by that time the original erroneous information could have already leaked through the network and could have been reproduced in the erroneous form and OPEN CASCADE cannot be held responsible for that situation.
8. CONTENT SUBMISSION
By posting User Posts to this Website, You automatically:
a) represent and warrant that You own or otherwise control all of the rights to the User Posts that You post;
b) grant (or warrant that the owner of such materials expressly grants) OPEN CASCADE a world-wide, perpetual, royalty-free, irrevocable and non exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted User Posts. Such license shall apply with respect to any form, media, or technology now known or later developed.
You, and not OPEN CASCADE, are entirely responsible for the User Posts that You post. Under no circumstances shall OPEN CASCADE be liable in any way for Your User Posts, including, but not limited to, for any consequences, errors or omissions, or for any loss or damage of any kind incurred as a result of the use of Your User Posts via this Website.
Communications on the Forums are not private communications. You should use caution when submitting any User Posts that contain Your personal information. You recognize Your User Posts submitted to OPEN CASCADE via the Website are not confidential.
When You create or make available the User Posts, You represent and warrant that:
a) You own or have sufficient rights to post or make available the User Posts that You post;
b) Your User Posts do not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights, including intellectual property rights, of any person or entity;
c) You have fully complied with any third-party licenses relating to the User Posts, agree to pay all royalties, fees and any other monies owing to any person by reason of any of the User Posts that You have posted on or through dev.opencascade.org;
d) Your User Posts do not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
e) Your User Posts are not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, do not incite, encourage or threaten immediate physical harm against another;
f) Your User Posts do not endorse or promote racism, bigotry, hatred, or physical harm of any kind against another group or individual, and do not discriminate, incite harassment or advocate harassment of any group or individual;
g) Your User Posts do not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and do not violate any law concerning child pornography or otherwise intended to protect the health and well-being of minors;
h) if Your employer has rights to the intellectual property You create, You have either (i) received permission from Your employer to make available the User Posts, or (ii) secured from Your employer a waiver as to all rights in or to the User Posts;
i) Your User Posts do not constitute, contain, install or attempt to install or promote spyware or malware or any other computer code intended to, or that does, enable you or others to gather information about or monitor the online or other activities of another party, unless it discloses such functionality to You in a clear and conspicuous manner and the user affirmatively consents to such use; and,
j) Your User Posts do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions or any local, state, or federal law or regulation, including any law designed to regulate electronic advertising.
OPEN CASCADE will not pre-screen or review User Posts; however, OPEN CASCADE reserves the right (but does not undertake the obligation) in its sole discretion to:
a) monitor the User Posts for violations of these Terms and Conditions;
b) take appropriate legal action against anyone who, at OPEN CASCADE’s sole discretion, violates these Terms and Conditions, including, without limitation to, reporting violations to law enforcement authorities;
c) refuse, restrict access to or the availability of, or disable access to or the availability of (to the extent technologically feasible) any User Posts or any portion thereof that may violate these Terms and Conditions or any OPEN CASCADE policy;
d) terminate the accounts of infringers;
e) otherwise manage the Website in a manner designed to protect the rights and property of OPEN CASCADE and others and to facilitate the proper functioning of the Website.
OPEN CASCADE does not edit User Posts submitted and, to the fullest extent permitted by law, will not be in any way responsible or liable for such User Posts or their subsequent posting, use or distribution. In addition, OPEN CASCADE does not verify, endorse or approve the views or comments expressed in any User Posts which are the personal views of the individuals submitting them. Any decisions made on the basis of views or comments appearing in Your User Posts are taken at Your own risk.
OPEN CASCADE reserves the right for any reason at its sole discretion to refuse to display, take into account or remove (without notice) any User Posts. Amongst other things, this includes situations where OPEN CASCADE receives a third party complaint and/or has a reason to believe that there has been a breach of these Terms and Conditions.
If you have a complaint about any User Posts posted on this Website You should submit such complaint in writing to OPEN CASCADE (giving as much information as possible about the circumstances). Note that OPEN CASCADE reserves the right to ask for further information in relation to the nature of such complaint and, if necessary, may ask You to verify your identity.
9. REGISTRATION AND ACCOUNT TERMS
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide a valid email address and any other information requested in order to complete the signup process.
Your login may only be used by one person - a single login shared by multiple people is not permitted.
You are responsible for maintaining the security of Your account and password. OPEN CASCADE cannot and will not be liable for any loss or damage resulting from Your failure to comply with this security obligation.
You are responsible for all User Posts posted and activity that occurs under Your account.
10. CANCELLATION AND TERMINATION
You may terminate Your account on the Website at any time, for any reason, by sending a request to OPEN CASCADE through the “Contact Us” form available on the Website.
OPEN CASCADE may terminate Your account on the Website at any time due to violation of these Terms and Conditions or any laws or to protect the integrity of the Website or other users.
The termination of Your account will result in the deactivation or deletion of Your Account or Your access to Your Account. However, You understand that this deletion should not lead to the deletion of Your account name and Your User Posts.
11. HOLD HARMLESS AND INDEMNITY
You agree to hold harmless and indemnify OPEN CASCADE, from and against any and all claims or actions resulting from or related to Your breach of any provision of these Terms and Conditions and Your access to or use of this Website. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
12. LIABILITY DISCLAIMER
The Content of this Website may include inaccuracies or typographical errors. In particular, OPEN CASCADE does not guarantee the accuracy of, and disclaims liability for inaccuracies in the Content. OPEN CASCADE may make improvements and/or changes on this Website at any time.
OPEN CASCADE makes no representations about the suitability of the Content for any purpose. This Content is provided "as is" WITHOUT EXPLICIT OR IMPLICIT WARRANTY of any kind. OPEN CASCADE hereby disclaims all warranties, and conditions with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. You also understand and agree that You are the only person responsible for the way You use the Content.
OPEN CASCADE undertakes to make its best to allow You to access and to use the Website; however, we are not liable for any circumstances specific to the nature of the Internet and namely technical performance and response time of viewing, requesting or transferring the Content caused by access difficulties or connection interruption. Moreover, OPEN CASCADE withholds the right to cancel, modify, suspend or interrupt the access to the entire Website or a part thereof, including its content, functionality, or period of availability without preliminary notice, for any reason and at its own discretion.
You expressly understand and agree that in no event shall OPEN CASCADE, including its affiliates, providers or other third party companies mentioned on the Website, be liable for any damages whatsoever, including but not limited to any direct, indirect, punitive, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether OPEN CASCADE had been advised of or could have foreseen the possibility of such damages, arising out of, directly or indirectly, or in any way connected with: (a) the use of, or inability or delay to use this Website, or (b) the interpretation of the Content obtained through this Website, or (c) any other matter relating to this Website or its Content.
If You access this Website from any other country, You understand and accept that You are subject to the French legislation. Consequently, any disputes in relation to this Website, its Terms and Conditions or its Content are subject to the French Legislation and to the ruling in the courts of the city of Paris (France).
Even though the French courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms and Conditions or Your visit to this Website, OPEN CASCADE shall exclusively and at its own discretion retain the right to bring proceedings against You for the breach of these Terms and Conditions in Your country of residence or any other relevant country.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and OPEN CASCADE as a result of these Terms and Conditions or use of this Website.
OPEN CASCADE’s performance of these Terms and Conditions is subject to the existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of OPEN CASCADE's right to comply with law enforcement requests or requirements relating to Your use of this Website or information provided to or gathered by OPEN CASCADE with respect to such use.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to the applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall remain in effect.
You understand that the Website uses third party hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the site.
OPEN CASCADE may, but has no obligation to, remove the User Posts and Accounts containing the User Posts that are unlawful, offensive, or violate any party’s intellectual property or these Terms and Conditions etc. You must not transmit any worms or viruses or any code of a destructive nature.
These Terms and Conditions constitute the entire agreement between You and OPEN CASCADE with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, verbal, or written, between You and OPEN CASCADE with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
END OF TERMS AND CONDITIONS
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All Rights Reserved.