Sonatype OSS Index Terms of Service

Last Updated: Sept. 16, 2020

1. Your Acceptance of this Agreement

Please read these Terms of Use (this “Agreement”) carefully.

This Agreement forms an agreement between you and Sonatype, Inc. (“Company”) that governs your access to and use of the website located at https://ossindex.sonatype.org/ (the “OSS Index Website”) and the content and services available therein (the “Materials”, and together with or separate from the OSS Index Website, the “Offering”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Offering, or otherwise made available to you by Company. Each time you access or use the Offering, you signify your agreement (and the agreement of any person or entity that you purport to represent) to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person or entity you purport to represent.

2. Permitted Users and Access

The Offering may be used only by persons who are at least of the age of majority and can form legally binding contracts under applicable law. The Offering may not be used by persons in jurisdictions where access to or use of the Offering may be illegal or prohibited.

3. Right to Use the Materials

Subject to your compliance with the terms and conditions of this Agreement, you may access and use the Materials solely for your internal use. Should you desire to access or use the Materials for external use (e.g., redistribution any Materials to third parties), or to access or use the Materials in contravention of the restrictions set forth in Section 7 of this Agreement, please contact us at ossindex@sonatype.org and describe your intended scope of use.

4. Changes to this Agreement

Company may, in its sole discretion, change the terms or conditions in this Agreement from time to time, for any reason. Company will notify you by reasonable means of any such changes, including by posting a revised Agreement through the Offering. Any such changes will not apply to any dispute between you and Company arising prior to the date on which Company posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. You may not change, supplement, or amend this Agreement in any manner.

Your use of Offering following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Offering.

5. Jurisdictional Issues

The Offering is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Offering may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Offering is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. Company may limit the Offering availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

6. Third Party Content; Third Party Websites

The Offering is for convenience and informational purposes only.

The Offering may link to or otherwise enable you to access or use content, data, information or materials provided by third parties (“Third Party Content”). Company does not control the Third Party Content and is not responsible the Third Party Content, including the accuracy, availability, completeness, reliability, security, substance or timeliness of the Third Party Content. To the extent that the Offering makes available any Third Party Content that is made available under an open source license, you are responsible for ensuring that you comply with all such licenses terms if you use such Third Party Content.

The Offering may also link to other Internet sites operated by third parties (“Third Party Websites”). Company does not control Third Party Websites and is not responsible for any content or services offered by the Third Party Websites. Your use of the Third Party Websites is at your own risk and subject to the terms and conditions published by the operators of the Third Party Websites.

7. Rules of Conduct

In accessing or using the Offering, you may not:

Use the Offering for any fraudulent or otherwise tortious or unlawful purpose.
Harvest or collect information about users of the Offering.
Interfere with or disrupt the operation of the Offering or the servers or networks used to make the Offering available, including by hacking or defacing any portion of the Offering; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Offering.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Offering except as expressly authorized herein, without Company’s express prior written consent.
Analyze or use the Offering in any way that is or may be competitive with Company.
Reverse engineer, decompile or disassemble any portion of the Offering, except where such restriction is expressly prohibited by applicable law.
Frame or mirror any portion of the Offering, or otherwise incorporate any portion of the Offering into any product or service, without Company’s express prior written consent. Notwithstanding the foregoing, you may provide a link (but not a framed link) to this Offering from any other website, but not (save with Company’s prior written agreement) in any way which creates the impression that Company is associated with or has approved such other site. If you choose to link to the Offering, you must acknowledge the source (a clearly-visible adjacent link to https://ossindex.sonatype.org is sufficient attribution).
Systematically download and store any or all of the Offering’s content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather the Offering’s content, or reproduce or circumvent the navigational structure or presentation of the Offering, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Offering’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Offering for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

8. Disclaimer and Liability Exclusion

To the fullest extent permitted under applicable law, the Offering and the Third Party Content are provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by Company.

To the fullest extent permitted by applicable law, (a) Company will not be liable to you or any third party for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of submissions (including unauthorized interception by third parties of any submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Company will not be liable to you or any third party for damages of any kind resulting from your use of or inability to use the Offering or any Third Party Content; and (c) your sole and exclusive remedy for dissatisfaction with the Offering or any Third Party Content is to stop using the Offering. Your use of the Offering is at your own risk.

While Company tries to maintain the timeliness, integrity and security of the Offering, Company does not guarantee that the Offering is or will remain updated, complete, correct or secure, or that access to the Offering will be uninterrupted. The Offering may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Offering. If you become aware of any such alteration, contact us at ossindex@sonatype.org with a description of such alteration and its location on the Offering.

9. Registration; User Names and Passwords

You may need to register to use part of the Offering. Company may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Offering account.

10. Profiles and Forums

Offering visitors may make available certain materials (each, a “Submission”) through or in connection with the Offering, including on profile pages or on the Offering’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Offering, you do so at your own risk. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to Company a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Offering, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party.

11. Personal Information Privacy

Company may collect, use, and disclose your personal information in accordance with the Privacy Policy . By accepting this Agreement, and each time you use the Offering, you consent to Company’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person.

12. Ownership

The Offering, including all of its content, is the property of Company and Company’s suppliers, and is protected by proprietary rights and law. Your use of the Offering does not transfer to you any ownership or other rights in the Offering or its content.

13. Termination of this Agreement

This Agreement is effective until terminated. Company may terminate or suspend your use of the Offering at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Offering will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 5 - 8 and 10 - 15 shall survive any expiration or termination of this Agreement.

14. Indemnity

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Offering (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.

15. Governing Law and Dispute Resolution

This Agreement governed by laws of the State of Maryland, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from this Agreement shall be the state and federal courts located in Howard County, Maryland and each party hereby consents to the exclusive jurisdiction and venue of such courts.

YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.

16. Other Matters

This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and Company relating to your use of the Offering, and supersedes all previous agreements, written, oral or otherwise, between you and Company with respect to your use of the Offering.

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. The provisions of this Agreement will enure to the benefit of and be binding upon each of Company and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Company which may be withheld in Company’s sole discretion. Company may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.