A Note From The Black Duck Team
Thank you for visiting us, and participating in our community! These Ohloh Web Sites (the “Sites”) are provided to you by Black Duck Software, Inc. (“Black Duck”). The Sites include information and analysis created by Black Duck, data collected from public sources, and content contributed by you, the users of these Sites. The Free and Open Source Software (“FOSS”) world functions as a meritocracy, based on the respect its members grant to each other. Accordingly, we ask you to treat these Sites with respect. You are required to honor these terms and conditions (the “Terms”) to use our Sites, but beyond this legal requirement, your successful participation in FOSS is based on the reputation you acquire through your participation and actions both here, on the Sites, and on other web sites. Please honor both the letter and spirit of these Terms, and if you see something on our Sites that you believe violates our policies, please let us know.
I. Your Agreement With Us
Black Duck permits access to and use of the Sites subject to these Terms. PLEASE READ THESE TERMS CAREFULLY. BY USING THE SITES YOU AGREE TO BE BOUND BY THESE TERMS. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Sites to these Terms and, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these Terms, you may not use the Sites.
These Terms are effective as of July 18, 2012. Black Duck reserves the right to change these Terms from time to time without notice. Please check these Terms periodically to see whether they have changed. If you use the Sites after we post changes to the Terms, you accept such changes. Your only recourse if you disagree with the new Terms is to discontinue use of the Sites.
II. Accessing the Sites and Using the Content
Subject to the Terms, you may use the Sites and its content, including but not limited to, the artwork, text, video, audio, images, tools, software, and data compilations (the “Content“). You may use the Sites only for your personal use. You may not use the Sites for any revenue generating commercial purpose, including in advertisements, except as otherwise stated herein,. You must include any copyright notice originally included with the Content in all copies, displays or representations of the Content in any form, media, or technology now known or later developed. If you represent a company, organization, or other legal entity, you may use the Sites only for internal business purposes. Black Duck welcomes editorial use of the Sites and Content. If you are a journalist, blogger, commentator or industry analyst, you may use Content accessed through the Sites in the course of writing editorial material. If you create such editorial material using the Sites or Content, you must follow the attribution requirements described below.
Other than as expressly set forth in these Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Sites in whole or in part without written permission from Black Duck. Your permission to use and access the Sites and Content will terminate immediately, without any further action by Black Duck, if you violate any of these Terms. Black Duck may change, suspend, or discontinue the Sites at any time, including the availability of any Content. Black Duck may restrict your access to the Sites or Content or impose limits on such access at any time, without prior notice.
Black Duck does not intend for the Sites to be used by anyone under the age of 13. You certify that you are the age of majority in your jurisdiction or are at least over 13 years old and using the Sites with the express consent of your parent or legal guardian. You agree not to post or contribute any personal information, such as name, address, telephone number, or email address of any person under the age of 13 to the Sites.
Black Duck will use reasonable efforts to keep the Sites continuously available, but there may be times when the Sites are not available due to circumstances beyond Black Duck’s control. In addition, Black Duck reserves the right to interrupt, discontinue, modify, limit, and/or suspend the Sites or the storage and availability of any Content or analysis for any reason, including material contributed by you. You agree that Black Duck will not be liable to you for any such change to the Sites or Content.
Except as enabled by an application programming interface (“API”) provided as a part of the Sites, you may not access the Sites through any automated mechanism, including but not limited to automated visits to the Sites and retaining the Content in any form, automated queries, automated edits or actions, or any other programmatic access. Separate API Agreements govern your use of the APIs. These Terms, in their entirety, apply to your use of the APIs except where specifically modified in the applicable API Agreement.
A separate Academic Use Agreement governs access to the Sites and APIs for the purpose of academic or scientific research. These Terms, except as specifically modified in the Academic Use Agreement will apply to the use of the Sites and Content for such research.
All Content offered by the Sites is the property of Black Duck and/or third parties and is protected by United States and international copyright laws. The Sites are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries.
The trademarks Black Duck®, Black Duck Software™, Ohloh®, and the logos and other proprietary trademarks, service marks, and trade names of Black Duck or its affiliated companies, licensors and partners are trademarks of Black Duck or, as applicable, its affiliated companies, licensors, or partners. Black Duck grants you the limited right to use the name Black Duck Software, Inc. and the Ohloh name and logo for the sole purpose of meeting the attribution requirements set forth below. When using these trademarks for attribution, you agree to clearly distinguish between Content originating from the Sites, and other information that you combine with it. Black Duck reserves the right to determine, in its sole discretion, whether you have complied with the attribution requirements, clearly distinguish between Content from the Sites and other information, and have used the trademarks in ways which clearly do not indicate an endorsement of your usage by Black Duck. Any third party trademarks remain the property of their respective owners. All distinctive brand features of the Sites, including but not limited to the domain names, design, organization, artwork, logos, images, and trade dress are the property of Black Duck and this Agreement does not give you any right to copy or use such features of the Sites.
Open source software is important to Black Duck. Some Software that we make available for download from the Sites may be licensed to you under the terms of an open source license. There may be provisions in such a license that expressly override some of these Terms.
If you download executable software from the Sites, the software, including any files, images incorporated in or generated by the software and data accompanying the software (“Software”) is licensed to you by Black Duck under the terms of an associated end user license agreement. Black Duck does not transfer title to the Software to you. Black Duck or third party licensors retain full and complete title to the Software, and all intellectual property rights embodied in it. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software downloaded from the Sites to any other form whatsoever.
The Content is licensed to you by Black Duck under the Creative Commons Attribution 3.0 Unported license (“CC-BY”) unless otherwise marked, or specifically excluded in this Agreement. The text of this license is found at https://creativecommons.org/licenses/by/3.0/legalcode and is hereby incorporated into this Agreement by reference.
If you post or otherwise use the Content outside of the Sites, whether such Content was material created by you or by others, or generated by the Sites, you agree that you will follow the attribution requirements of the CC-BY license as follows:
- Black Duck hereby designates “Black Duck Software, Inc.” as the sole Attribution Party under Section 4(b) of the CC-BY license for Content.
- You will ensure that any such use of Content includes a visual display or otherwise indicates the source of the Content as originating from the Site supplying the Content. This indication may be through an unobtrusive text string and/or use of a logo with the name of the Site (e.g. “Analysis by Ohloh”) or some other unobtrusive but clear visual indication.
- You will include near to or as a part of any such internet use of the Content, a hyperlink to the location within the Sites that presents the Content. For example, a use of the Ohloh project data for project Massive on your website must include a link near this usage to https://www.ohloh.net/p/massive.
- If you post the Content to a social network that imposes a character limit to post size, such as Twitter, then you may use a link shortening service for the attribution URL, and the text attribution may be either a reference to an account or a hash tag on the social network associated with the Site, for example @ohloh or #ohloh. Such social network posts may be re-posted, re-tweeted, or otherwise reused on other social networks as-is, in their original form.
The Sites may make available code components such as “widgets” which, when incorporated into your web sites or services, provide a method for you to use and attribute the Content on such sites or services under these Terms. If you use such components or other such features provided by the Sites on your site or service, you agree not to modify the features, extract any portion of them for reuse, change their linking behavior, or employ any technical means to limit their attribution appearance or behavior.
Some Content is copyright by third parties, and offered by the Sites under the terms of a copyright license accompanying that Content. In such cases, you may use this Content under the terms of its license, and you are responsible for such use. We encourage you to verify the terms of any such license before you use such Content.
You agree to abide by the license, obligations, and restrictions of any Content that you access through the Sites. In some cases, the Sites automatically collect data and other material from third party sites and services. Black Duck may choose not to screen this collected data. You agree that you assume all risks of using such Content, including but not limited to risks arising from its source, ownership, accuracy, completeness, timeliness, suitability to purpose, and/or its reliability. You understand that by using the Sites you may be exposed to Content that is objectionable or with which you disagree. You acknowledge that Black Duck does not endorse any Content, nor does Black Duck guarantee that any Content does not infringe the rights of any third party. Under no circumstances is Black Duck liable for any Content, including but not limited to liabilities from infringement, errors and omissions, or for any loss or damage of any kind from the use of Content posted to, downloaded or linked from, accessed by or otherwise made available from the Sites.
The Sites may link to material hosted by third parties on independent sites and services on the internet. Black Duck is not responsible or liable for such material, nor does Black Duck endorse or sponsor it. Black Duck has not reviewed the material on such third party sites, and makes no warranties or representations about the material, information, products, or services offered by third parties.
III. Acceptable Use
You agree not to use the Sites to:
- Try to gain unauthorized access to any portion of the Sites, or any other systems or networks connected to it, or to any Black Duck server, or to any of the Content offered on or through the Sites by circumventing the Site’s access control measures, either by hacking, password “mining” or any other means.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Black Duck’s systems or networks, or any systems or networks connected to the Sites or to Black Duck.
- Post illegal material or use the Sites for illegal activity.
- Post or use the Sites to distribute “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “phishing”, or other unsolicited advertising or promotion, or material without significant value to the community, designed to drive traffic, mask its source or deceive as to authorship, distribute viruses, trojans, or other malware, or whose purpose is affiliate marketing.
- Frame or otherwise co-brand the Sites with another logo, trademark or third party identifier that might give the impression that the third party has the right to display the Sites.
- Remove, circumvent, disable, damage, or otherwise interfere with features of the Sites that implement security or usage limitations that are part of the Sites including robots.txt, API limitations, or any other mechanisms.
- Use any means to damage, deny the use of, or restrict others’ use of the Sites.
- Post deceptive or inaccurate material intended to affect the Sites’ analyses and/or search algorithms, “game” reputation or scoring systems that are a part of the Sites, or engage in activity on other websites which are automatically accessed by the Sites as part of the Sites’ normal operation, intended solely to affect the Sites’ analyses.
- Post libelous or defamatory material.
- Intimidate or harass others.
- Engage in identity theft or infringe upon the privacy of others, including phishing – deceiving others into divulging their personally identifying information, posting others’ personally identifying information in your possession, or attempting to use another user’s account.
- Falsify your identity or misrepresent your affiliation with another person or entity.
- Post or transmit any software exploits, computer viruses or trojans or software intended to interrupt, disrupt, damage, destroy, or limit the function or access to computer software, hardware, or telecommunications equipment or otherwise interfere with or disrupt other sites on the internet.
- Post or transmit any material that is harmful, threatening, offensive, hateful, discriminatory, obscene, contrary to any applicable laws or regulations, or that incites an illegal act.
Any such use of the Sites or Content, any other violation of these Terms, or any other fraudulent or illegal activity may result in the suspension or termination of your registered user account, and/or blocking of your access to the Sites without notice.
IV. Registered Accounts
As a condition to using some features of the Sites, Black Duck may require you to register for an account, create a user profile, and select a user name and password. You agree to provide Black Duck with accurate and complete identity information including your email address, and agree to update your identity information promptly if it changes. You agree not to impersonate another person, falsify your identity, use another user’s account, or otherwise take action to gain access to Content to which you do not have the rights to access, or use the Sites in any way to which you do not have authorization.
You are solely responsible for all activity that takes place under the authorization of your account. You hereby release Black Duck from any and all liabilities arising from such activity. You are responsible for maintaining the security of your password. You agree to promptly inform Black Duck if you know or suspect that your account’s password or security has been breached.
Black Duck expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the Terms. You may terminate your account and participation as a registered user at any time, without notice.
Your public participation in the FOSS community and on projects, as evidenced by publicly accessible data may be visible on the Sites and accessible, regardless of whether you have registered a user account on the Sites, and may be visible even if you have terminated your account. Such data will not be associated with an account if you have not created an account, or if you have terminated your account.
You may not use any automated means to create an account including mass-registration of multiple accounts. Any such account created by automated means may be suspended or terminated without notice.
V. Contributing Content
The Sites offer you many opportunities to contribute content (“Contribution(s)”). In order to make a Contribution to the Sites, you must have a registered account.
The owner of the Contribution retains copyright. You hereby agree or warrant that, with the exception of source code, all Contributions to the Sites are licensed perpetually and irrevocably to Black Duck under CC-BY, are not copyrightable, or are in the public domain. You must have the right to contribute this Contribution under CC-BY, either through ownership of the copyright, because the Contribution is in the public domain, or through a license that grants you this right consistent with these Terms. If your Contribution is protected by copyright, then unless it is licensed under CC-BY or under a license which grants you the right to contribute it under CC-BY, you must not provide the Contribution to Black Duck. You warrant, represent, and assert that you have the right to provide the Contribution, that no Contribution violates or infringes the rights of any third party, including copyright, trademark, privacy, publicity, or any other personal or proprietary rights, that the Contribution does not constitute confidential or trade secret information, and is not defamatory, libelous, or unlawful. You can otherwise license your own copyrighted Contribution any way you like, or not at all. But when you provide a Contribution to the Sites, you are explicitly granting Black Duck a license under CC-BY without regard to any other licenses you apply to your Contribution.
You understand and agree that the Sites and Content are a collective work or compilation under the copyright laws of the United States and other countries, and that the Sites and Content do not constitute a joint work under copyright law. You will not assert, or attempt to assert, any rights over the Sites and Content as a whole, through your Contributions.
You hereby designate Black Duck and its contributors as the sole “Attribution Party” under Section 4(b) of the CC-BY license to attribute your Contribution as part of the collective Content of the Sites. With this designation, you release Black Duck from the obligation to specifically attribute your Contributions to you. Black Duck will take reasonable steps to associate your registered user ID on the Sites with your Contributions. If you have questions about how Black Duck associates your user ID with your Contributions, please contact us.
You understand that the CC-BY license under which you provide a Contribution allows Black Duck and its licensors to use your Contribution for any purpose.
You agree that any source code Contribution to a project hosted on the Sites will be contributed under, and subject to the posted license of that project. You acknowledge that you are responsible for including all copyright notices and licenses for your Contributions. Should you fail to include these notices and licenses, you assume all risks of failing to do so, including the possible loss of your rights to your Contributions.
Black Duck may, but is not obligated to, review your Contributions. Black Duck may refuse to accept, or delete any Contribution that, in its sole discretion, Black Duck determines to violate these Terms, be illegal or objectionable, violate the rights or threaten the safety of others, deems not to fulfill the purpose of the Sites, or for any other reason. Black Duck may, in its sole discretion, terminate or suspend your registered account if your Contribution violates the Terms. Acceptance of a Contribution does not constitute an endorsement or sponsorship of the Contribution by Black Duck.
You hereby grant Black Duck a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license under your intellectual property rights and under the terms of the CC-BY license, to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use your Contributions in whole or part, and to incorporate them in other works in any form, media, or technology now known or later developed, for the purpose of providing the Sites, even in the event that you have subsequently deleted the Contribution. You agree that you alone are responsible for creating backup copies of your Contribution.
If you delete your Contribution, the CC-BY license under which you provided your Contribution will remain in full force. If you delete your Contributions, Black Duck will take reasonable steps to cease further distribution of your Contributions from the Sites. Black Duck does not take responsibility for removing deleted Contributions from websites outside of its control, including email archives, wikis, project web sites, community sites, or others’ computers, including those to whom you or others may have forwarded your Contribution.
VI. Disclaimer of Warranties
THE SITES AND THE CONTENT MADE AVAILABLE ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. BLACK DUCK EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Black Duck will have absolutely no liability in connection with the Sites and Content including without limitation, any liability for damage to your computer hardware, data, information or business resulting from the Content available on the Sites. Without limiting the generality of the foregoing, Black Duck will have no liability for:
1. Any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling or delivering the Sites or Content;
2. Any errors, omissions or inaccuracies in the Content offered by the Sites regardless of how caused or delays or interruptions in delivery of such Content; or
3. Any decision made or action taken or not taken in reliance upon the Content offered by the Sites.
Black Duck makes no warranty, representation or guarantee as to the sequence, accuracy, timeliness or completeness of the Content or that the Content may be relied upon for any reason. Black Duck makes no warranty, representation or guarantee that the Content will be uninterrupted or error free or that any defects can be corrected.
Black Duck reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Sites, or any portion of the Sites, for any reason.
VII. Limitation of Liability
Under no circumstances will Black Duck, Black Duck’s subsidiaries, affiliated companies, agents, employees, shareholders or directors (“Black Duck Parties”) be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Sites or Content.
Black Duck Parties are not liable under any circumstances, including but not limited to negligence, for any special or consequential damages that may result from the use of, or the inability to use, the Sites or any Content, from the conduct or material of any third party on the Sites, including without limitation any defamatory, offensive, illegal conduct by users of the Sites or other third parties, or from loss of use, profit, revenue, customers, data, reputation, good-will, or other intangible losses to you or any third party or person, even if the Black Duck Parties have been advised of the possibility of such damages.
Black Duck Parties are not liable for damages or injury, including but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of the Sites or any Content, whether resulting, in whole or in part, from breach of contract, tortious behavior, negligence, or otherwise. This section only applies to the maximum extent allowable under applicable law. If you live in a jurisdiction that does not allow the disclaimer of implied warranties, or limitation or exclusion of liability or incidental or consequential damages, the above disclaimer, limitation or exclusion may not apply to you.
In no event will Black Duck’s total liability to you for damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise exceed the amount you paid, if any, for accessing the Sites.
You agree to defend, indemnify and hold harmless the Black Duck Parties from and against any and all liabilities including, but not limited to losses, expenses, damages, costs, and reasonable attorneys’ fees, resulting from, or in connection with, whether directly or indirectly, your violation of these Terms. You also agree to defend, indemnify and hold harmless the Black Duck Parties from and against any and all claims brought by third parties arising out of your use of any of the Sites and any Contribution you make available via any of the Sites by any means, including without limitation through a posting, a link, or otherwise. Black Duck Parties may participate in the defense and settlement at its own expense with counsel of its own choosing. You shall not settle any claim or action without the Black Duck Parties prior written consent.
IX. Copyright Claims
Black Duck respects the intellectual property of others. Accordingly, Black Duck abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement. As part of our response, we may remove or disable access to Content residing on the Sites, that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Black Duck’s rights and obligations under the DMCA and do not constitute legal advice.
i. Notice of Infringing Material
To file a notice of infringing material on the Sites, please provide a written notification containing the following details:
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed;
- Your physical or electronic signature.
Then send this notice to:
Matthew H. Jacobs, Esq.
Senior Corporate Counsel
Black Duck Software, Inc.
8 New England Executive Park, Suite 221
Burlington, MA 01803, USA
Black Duck reserves the right, at its discretion, to immediately terminate the account of any user who is the subject of repeated takedown notices.
If material that you have posted to the Sites has been taken down, you may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for any judicial district in which Black Duck may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
- Your physical or electronic signature.
Then send this notice to:
Matthew H. Jacobs, Esq.
Senior Corporate Counsel
Black Duck Software, Inc.
8 New England Executive Park, Suite 221
Burlington, MA 01803, USA
Upon receipt of a counterclaim, Black Duck will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify our designated agent that he or she has filed legal action relating to the allegedly infringing material. If Black Duck does not receive any such notification within 10 days, we may, at our sole discretion, restore the material to the Sites.
X. General Terms
i. Jurisdiction and Applicable Law
Unless otherwise specified, Black Duck controls and operates the Sites within the Commonwealth of Massachusetts, United States of America, and the laws of the Commonwealth of Massachusetts govern these Terms. If you take legal action relating to these Terms, you agree to file such action only in the Superior Court of Middlesex County, Massachusetts, or the United States District Court for the Eastern District of Massachusetts, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
This agreement is void where prohibited by law, and in such jurisdictions, Black Duck revokes your right to access the Sites and/or Content. Black Duck makes no claim that the Sites or Content are legal to access or use outside of the United States of America. You access the Sites and use the Content at your own risk, and you are responsible for complying with the laws of your jurisdiction.
Software made available from the Sites is subject to United States export controls. Software from the Sites may not be downloaded or otherwise exported or re-exported to certain countries. In particular, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading and using software from the Sites, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
ii. Waiver and Severability
The failure of Black Duck to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. If any term or section of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, all remaining provisions will be considered in effect, valid, and enforceable. You agree that no membership, shareholder, affiliate, joint venture, partnership, employment, or agency relationship exists between you and Black Duck or its affiliates as a result of these Terms, your use of any of the Sites or Content, or your registered account on the Sites.
Sections VI. (Disclaimer of Warranties), VII. (Limitation of Liability), and Section X.i (Jurisdiction and Applicable Law) shall survive any termination of this agreement by you or Black Duck.
These Terms are a derivative work of the Creative Commons Terms, originally at http://creativecommons.org/terms and licensed under the Creative Commons Attribution 3.0 license. This statement constitutes the required attribution under this license.