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Open Foundry Term of Use The purpose of Open Foundry website (Hereinafter "Website") is to advance the development and innovation of free software. All free software or its content must be licensed under Open Source Initiative or be recognized by Open Foundry. (Hereinafter "Purpose of Open Foundry") Open Foundry provided users with abundant sources to facilitate the development and innovation of free software. The sources Open Foundry provides include various communication tools, source code control and project management tools, mailing lists, consolidated service, individualized content, etc. (Hereinafter "Service"). Before you use the Website, please read through the Term of Use thoroughly. 1. Acceptance If you want to use the Website, you shall be subject to the Term of Use. If you do not accept the Term of Use, please do NOT use the Website. If you accept the Term of Use and consent to all its content without making any verification, Open Foundry will provide you with all online information and Service. If you do not accept the Term of Use, you will not be granted the right to use Open Foundry and the Service, and shall not use Open Foundry and the Service. Open Foundry reserves the right to modify the Term of Use irregularly and unilaterally. Any modified clause of the Term of Use will become effective right after it is posted online. Continuing using Website after the modified clause(s) has/have been posted will constitute your consent to all modification. In addition, individual user may need particular clause(s) in accordance with specific service, the particular clause(s) will be posted online irregularly and will be incorporated into the Term of Use as part of it. If Open Foundry updates any particular clause, Open Foundry will post the modified version and its effective date on Open Foundry homepage. Open Foundry will also post the modified clause(s) on the specific web page where the service is often used, and will provide a link to the original clause(s) on the same web page. Open Foundry reserves the right to terminate its Service temporarily or permanently at any time. Unless clearly stated in the Term of Use, Open Foundry does not bear any liability to any modification, discontinuation or termination made by any third party or user. 2. Illegal Use Is Not Allowed. Using Open Foundry constitutes your guarantee to Open Foundry: You will not make use of Open Foundry or any content of it illegally or against the Purpose of Open Foundry. If you violate any clause of the Term of Use, the authorization of using Open Foundry will automatically be terminated temporarily or permanently. 3. User Must Be Responsible For the Connection of Internet If you want to use the Service, you must obtain the connection to the Internet directly or indirectly by your own. Besides, you must also pay the fees arising from use of the Internet, including but not limited to the service fees and equipment fees. 4. Registration Obligation If requested by Open Foundry, you must: (a) provide your true, precise, latest and complete individual information (Hereinafter "Registered Information");(b) maintain and update Registered Information. If after investigation, Open Foundry has reasonable doubt that the Registered Information is fake, incorrect, not latest or incomplete, Open Foundry may temporarily or permanently terminate your registered account and forbid you to use the Service. You will receive a confirmation letter in your e-mail account after the registration process is completed. You have the obligation to keep your account, password unrevealed and bear the liability to every activity under this account. If you do not comply with this clause (clause 4) and cause losses, including but not limited to (a) you do not notify Open Foundry any unauthorized access to your account and password or any other conduct that constitutes security concern; (b) you do not finish the log-off process completely, Open Foundry will not be responsible for any loss. Open Foundry reserves the right to process all Registered Information according to Open Foundry Privacy Policy. You may obtain the Open Foundry Privacy Policy on Open Foundry homepage. 5. Content You must personally take full responsibility arising from information, documents, words, software, music, sound, photos, figures, telecommunication, messages or other information (Hereinafter "Content") you publicly posted or privately transferred. The Content you posted on the Website, any of your conduct, or activities you participated relating to Open Foundry can not violate the laws or other regulations, including but not limited to, the laws regulate software encryption、technology export、pornography transferring, or licensing of intellectual property. Open Foundry may have the right in its discretion to decide whether the Content or conduct is illegal, and may take any related measures. Open Foundry will not verify the Website Content in advance, but it reserves the right to block or delete any content that violates the Term of Use or the laws. Open foundry may be at its discretion to save the Content; and if requested by the laws, orders of judicial department or the government, or to protect Open Foundry, users and the public's right, property or personal safety, Open Foundry may disclose related Content. Otherwise stated in the Term of Use, in no event shall Open Foundry be liable for any damage whatsoever. The Website Content is provided on an "AS IS" basis, without warranties of any kind, either express or implied, including but not limited to any warranty regarding the content or its accuracy. You are solely responsible for determining the appropriateness of using the Content posted on the Website and assume all risks associated with your exercise under the Term of Use. 6. Licensing of the Code or Other Content Posted on the Website, and Other Regulations The use, reproduction, modification or any other activity related to the intellectual property right of the file saved under version control system or other files users released and posted on the Website (Hereinafter "Work"), should be subject to the license authorized by the Open Source Initiative, or Open Foundry. The ownership of the document or file you uploaded on Open Foundry public web page (e.g. suggestion box and mistake tracking system) (Hereinafter "Open Foundry Public Content") belongs to you. However, the ownership of the statistics Open Foundry arranges for records and public displays belongs to Open Foundry. You license for Open Foundry royalty-free, perpetual, irrevocable, non-exclusive right to use, reproduce, publish, produce compiled work, modify, rewrite, produce derivative work, translate, distribute, perform and display Open Foundry Public Content you conveyed. You also license for Open Foundry the right to integrate Open Foundry Public Content into other work by using any means, mediums or unknown, not yet invented technology. With regard to the Content you posted on Open Foundry non public space (e.g. non-public Open Foundry development tool or Open Foundry mail), you may decide which license you prefer to use and what kind of right you want to license for Open Foundry or other users. File(s) saved on any sub-website hosted by Open Foundry should be subject to the license Open Source Initiative (OSI), or Open Foundry authorized. 7. No Sale of Open Foundry Service You agree that you will not sell, resell all or part of the Service, the right to use or access to the Service. You also agree that you will not put forward any proposal or price quote of the Service stated above for any commercial purpose. 8. Use and Saving Open Foundry is not responsible for any failure in communicating or saving files. If a(n) account/project is inactive for a certain period of time, Open Foundry reserves the right to mark "inactive" on the account/project and file it in other places. 9. Termination of the Right to Use Open Foundry may be at its discretion to terminate your account with or without causes, without prior notification at any time, if you: 1. violate the Term of Use; or 2. abuse the resources Open Foundry provides or are unauthorized to access the Website or other related resources; or 3. are against Purpose of Open Foundry to use the website; or 4. request to terminate your account; 5. violate laws, regulations, court rules or government orders; 6.cause damages to Open Foundry or other people because of misuse of the Website. Open Foundry is not responsible for any loss thus occurred. 10. Linkage Open Foundry does not warrant that information with regard to the service of website linkage provided by Open Foundry or the third party is accurate, or is fit for your use. Open Foundry is not responsible for any loss thus occurred. 11. Disclaimer, Warranty and Limitation of Liability You agree to indemnify, hold harmless and defend Open Foundry and its related personnel from and against any claim or lawsuit (e.g. claims arising from your use of the Website, posting or transferring files or violation of the Term of Use). You should take any loss or destruction arising out of downloading files from the Website. Your use of the Website does not constitute agency, partnership, joint venture, employment, agent or any other relationship between Open Foundry and you. The Term of Use does not extend to any third party. This clause (clause 11) is good for any loss or harm arising from any operation mistake, negligence, interruption, delete, flaw, late operation, virus, failure to link, larceny, destruction or any other unauthorized interact, change, no matter if it is due to breach of contract, tort action, negligence or any other conduct. 12. Intellectual Property Open Foundry respects others' intellectual property, and hopes you also do so. If you reasonably doubt that copyright of your work is infringed, you may provide Open Foundry the following information: 1) Signature or electronic signature of the copyright owner or licensor. 2) Indicate the work you claimed is infringed. 3) Indicate the file you claimed infringes your work's copyright and provide information to make Open Foundry be able to identify the location of the file. 4) Your true name, address, phone number and e-mail address. 5) A statement declared by you provides that you have reasonable doubt of claimed infringement of copyright. 6) Under penalty of perjury, a statement shows that your claim is true and you are the copyright owner or authorized licensee. After receiving the above information, Open Foundry will process and investigate the claimed infringement and will take proper actions in accordance with other related intellectual property regulations. If infringement is found to have been taken place, Open Foundry will immediately delete the file or make it no longer accessible, and will also notify you and other users that the said file has been removed. If after investigation, the claimed act does not constitute copyright infringement under Intellectual Property Law of R.O.C., Open Foundry will provide you a notification, and put the removed or deleted file back to the Website. 13. Miscellaneous The Term of Use constitutes mutual consent between you and Open Foundry, and replaces any prior agreement. If you want to use additional service, third parties' content or third parties' software on the Website, you must be subject to other term of use. The Term of Use should be governed by laws of the Republic of China. You agree to submit to the personal and exclusive jurisdiction of the Taipei District Court with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the Term of Use. If any part of the Term of Use is considered void by the competent court, the rest should still remain effective. The headings to the sections in the Term of Use are for convenience purpose only and are not determinative. If you find that anyone violates the Term of Use, please contact Open Foundry at report@openfoundry.org.
