Files
osj-forum/OSJ Forum/assets/legal.html
2012-10-07 19:19:36 -04:00

276 lines
21 KiB
HTML

<h1>OJS Forum - Ocean State Jeepsters Forum</h1>
<pre> Copyright &copy; 2012 <a href="mailto:rickbarrette@gmail.com?subject=OSJ+Forum">Rick Barrette</a>
Licensed under the Apache License, Version 2.0 (the &quot;License&quot;);
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
<a href="#apachelicense">Apache Software License 2.0</a>
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an &quot;AS IS&quot; BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
</pre>
<hr/>
<p>OSJ and Ocean State Jeepsters are Copyright &copy; Ocean State Jeepsters 2007-2012<a href="http://www.oceanstatejeepsters.com/"> http://www.oceanstatejeepsters.com/</a></o><br/>
<hr/>
<strong>OJS Forum</strong> is powered by: <strong>Tapatalk API</strong> <br/>
<br/>
Tapatalk API is free to use, however you agree that:
<ul>
<li>Mentioning of "Tapatalk" in your product communication, news, website, announcement. A short phase such as "Tapatalk compatible client" would suffice.</li>
<li>Add "Powered by Tapatalk" within your app predominantly.</li>
<li>Not redistributing our plugins and any other copyrighted materials.</li>
</ul>
<a href="#tapatalklicense">Tapatalk End-User Product License Agreement</a>
<br/>
<hr/>
<strong>OJS Forum</strong> uses the following open source libraries licensed under the <a href="#apachelicense">Apache Software License 2.0</a>.
<ul>
<li> <a href="http://code.google.com/p/android-xmlrpc/">android-xmlrpc</a> - Very thin xmlrpc client library for Android platform
</ul>
<hr/>
<a name="apachelicense"/><h2>Apache License</h2><a>Version 2.0, January 2004</br>
<a href="http://www.apache.org/licenses/">http://www.apache.org/licenses/</a> </p>
<p>TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION</p>
<p><strong><a name="definitions">1. Definitions</a></strong>.</p>
<p>"License" shall mean the terms and conditions for use, reproduction, and
distribution as defined by Sections 1 through 9 of this document.</p>
<p>"Licensor" shall mean the copyright owner or entity authorized by the
copyright owner that is granting the License.</p>
<p>"Legal Entity" shall mean the union of the acting entity and all other
entities that control, are controlled by, or are under common control with
that entity. For the purposes of this definition, "control" means (i) the
power, direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (ii) ownership of fifty
percent (50%) or more of the outstanding shares, or (iii) beneficial
ownership of such entity.</p>
<p>"You" (or "Your") shall mean an individual or Legal Entity exercising
permissions granted by this License.</p>
<p>"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation source,
and configuration files.</p>
<p>"Object" form shall mean any form resulting from mechanical transformation
or translation of a Source form, including but not limited to compiled
object code, generated documentation, and conversions to other media types.</p>
<p>"Work" shall mean the work of authorship, whether in Source or Object form,
made available under the License, as indicated by a copyright notice that
is included in or attached to the work (an example is provided in the
Appendix below).</p>
<p>"Derivative Works" shall mean any work, whether in Source or Object form,
that is based on (or derived from) the Work and for which the editorial
revisions, annotations, elaborations, or other modifications represent, as
a whole, an original work of authorship. For the purposes of this License,
Derivative Works shall not include works that remain separable from, or
merely link (or bind by name) to the interfaces of, the Work and Derivative
Works thereof.</p>
<p>"Contribution" shall mean any work of authorship, including the original
version of the Work and any modifications or additions to that Work or
Derivative Works thereof, that is intentionally submitted to Licensor for
inclusion in the Work by the copyright owner or by an individual or Legal
Entity authorized to submit on behalf of the copyright owner. For the
purposes of this definition, "submitted" means any form of electronic,
verbal, or written communication sent to the Licensor or its
representatives, including but not limited to communication on electronic
mailing lists, source code control systems, and issue tracking systems that
are managed by, or on behalf of, the Licensor for the purpose of discussing
and improving the Work, but excluding communication that is conspicuously
marked or otherwise designated in writing by the copyright owner as "Not a
Contribution."</p>
<p>"Contributor" shall mean Licensor and any individual or Legal Entity on
behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.</p>
<p><strong><a name="copyright">2. Grant of Copyright License</a></strong>. Subject to the
terms and conditions of this License, each Contributor hereby grants to You
a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of, publicly
display, publicly perform, sublicense, and distribute the Work and such
Derivative Works in Source or Object form.</p>
<p><strong><a name="patent">3. Grant of Patent License</a></strong>. Subject to the terms
and conditions of this License, each Contributor hereby grants to You a
perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made, use,
offer to sell, sell, import, and otherwise transfer the Work, where such
license applies only to those patent claims licensable by such Contributor
that are necessarily infringed by their Contribution(s) alone or by
combination of their Contribution(s) with the Work to which such
Contribution(s) was submitted. If You institute patent litigation against
any entity (including a cross-claim or counterclaim in a lawsuit) alleging
that the Work or a Contribution incorporated within the Work constitutes
direct or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate as of the
date such litigation is filed.</p>
<p><strong><a name="redistribution">4. Redistribution</a></strong>. You may reproduce and
distribute copies of the Work or Derivative Works thereof in any medium,
with or without modifications, and in Source or Object form, provided that
You meet the following conditions:</p>
<ol>
<li>
<p>You must give any other recipients of the Work or Derivative Works a
copy of this License; and</p>
</li>
<li>
<p>You must cause any modified files to carry prominent notices stating
that You changed the files; and</p>
</li>
<li>
<p>You must retain, in the Source form of any Derivative Works that You
distribute, all copyright, patent, trademark, and attribution notices from
the Source form of the Work, excluding those notices that do not pertain to
any part of the Derivative Works; and</p>
</li>
<li>
<p>If the Work includes a "NOTICE" text file as part of its distribution,
then any Derivative Works that You distribute must include a readable copy
of the attribution notices contained within such NOTICE file, excluding
those notices that do not pertain to any part of the Derivative Works, in
at least one of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or documentation,
if provided along with the Derivative Works; or, within a display generated
by the Derivative Works, if and wherever such third-party notices normally
appear. The contents of the NOTICE file are for informational purposes only
and do not modify the License. You may add Your own attribution notices
within Derivative Works that You distribute, alongside or as an addendum to
the NOTICE text from the Work, provided that such additional attribution
notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may
provide additional or different license terms and conditions for use,
reproduction, or distribution of Your modifications, or for any such
Derivative Works as a whole, provided Your use, reproduction, and
distribution of the Work otherwise complies with the conditions stated in
this License.</p>
</li>
</ol>
<p><strong><a name="contributions">5. Submission of Contributions</a></strong>. Unless You
explicitly state otherwise, any Contribution intentionally submitted for
inclusion in the Work by You to the Licensor shall be under the terms and
conditions of this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify the
terms of any separate license agreement you may have executed with Licensor
regarding such Contributions.</p>
<p><strong><a name="trademarks">6. Trademarks</a></strong>. This License does not grant
permission to use the trade names, trademarks, service marks, or product
names of the Licensor, except as required for reasonable and customary use
in describing the origin of the Work and reproducing the content of the
NOTICE file.</p>
<p><strong><a name="no-warranty">7. Disclaimer of Warranty</a></strong>. Unless required by
applicable law or agreed to in writing, Licensor provides the Work (and
each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including,
without limitation, any warranties or conditions of TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You
are solely responsible for determining the appropriateness of using or
redistributing the Work and assume any risks associated with Your exercise
of permissions under this License.</p>
<p><strong><a name="no-liability">8. Limitation of Liability</a></strong>. In no event and
under no legal theory, whether in tort (including negligence), contract, or
otherwise, unless required by applicable law (such as deliberate and
grossly negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a result
of this License or out of the use or inability to use the Work (including
but not limited to damages for loss of goodwill, work stoppage, computer
failure or malfunction, or any and all other commercial damages or losses),
even if such Contributor has been advised of the possibility of such
damages.</p>
<p><strong><a name="additional">9. Accepting Warranty or Additional Liability</a></strong>.
While redistributing the Work or Derivative Works thereof, You may choose
to offer, and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this License.
However, in accepting such obligations, You may act only on Your own behalf
and on Your sole responsibility, not on behalf of any other Contributor,
and only if You agree to indemnify, defend, and hold each Contributor
harmless for any liability incurred by, or claims asserted against, such
Contributor by reason of your accepting any such warranty or additional
liability.</p>
<p>END OF TERMS AND CONDITIONS</p>
<br/>
<hr/>
<br/>
<a name="tapatalklicense"/>
<h2>Tapatalk Plugin: End-User Product License Agreement</h2>
<p>IMPORTANT-READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THE TAPATALK SOFTWARE (THE "PRODUCT"). BY DOWNLOADING OR USING THE PRODUCT, YOU ("YOU" OR "END-USER") ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS (THE "LICENSE" OR "AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED AND NOT AUTHORIZED TO DOWNLOAD OR USE THIS PRODUCT.</p>
<p>IMPORTANT-READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THE TAPATALK SOFTWARE (THE "PRODUCT"). BY DOWNLOADING OR USING THE PRODUCT, YOU ("YOU" OR "END-USER") ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS (THE "LICENSE" OR "AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED AND NOT AUTHORIZED TO DOWNLOAD OR USE THIS PRODUCT.</p>
<b><p>1. Grant of License for Registered Users</p></b>
<p>Quoord Systems Limited ("Quoord" or "Tapatalk") grants you a limited, non-exclusive, non-transferable license to upload, install and otherwise use the Tapatalk Plugin software in conjunction with a Tapatalk compatible forum (the "Product"), including any documentation files accompanying the Product ("Documentation"), provided that: (i) all copyright notices are maintained on the Product; and (ii) you agree to be bound by the terms of this License Agreement, and (iii) the Product is used for the limited purpose contemplated in the provision of this License Agreement. The Product and Documentation shall be used only by you or your organization.</p>
<b><p>2. Ownership</p></b>
<p>You have no ownership rights in the Product. Rather, you have a license to use the Product as long as this License Agreement remains in full force and effect. Ownership of the Product, Documentation and all intellectual property rights therein shall remain at all times with Quoord Systems Limited. Any other use of the Product by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.
</p>
<b><p>3. Copyright</p></b>
<p>The Product and Documentation contain material that is protected by copyright law, nationally and internationally. It is also protected by United States Copyright Law, trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Quoord Systems Limited. You may not remove any proprietary notice of Quoord Systems Limited from any copy of the Product or Documentation.
</p>
<b><p>4. Restrictions</p></b>
<p>All licenses pertaining to the Product and Documentation must be granted explicitly in writing by Quoord. Accordingly, without such license or as set forth explicitly under this License Agreement you may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Product or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Product, nor shall you attempt to create the source code from the object code for the Product.
</p>
<b><p>5. Confidentiality</p></b>
<p>You acknowledge that the Product contains proprietary trade secrets of Quoord Systems Limited and you hereby agree to maintain the confidentiality of the Product using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information.</p>
<b><p>6. No Warranty</p></b>
<p>EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE AND ANY AND ALL PRODUCTS AND/OR SERVICES PROVIDED BY QUOORD IN CONNECTION WITH THE SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND. QUOORD HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.</p>
<b><p>7. LIMITATION OF LIABILITY</p></b>
<p>IN NO EVENT WILL QUOORD BE LIABLE (A) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF QUOORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B)FOR, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, BUSINESS INTERRUPTION WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, LOSS OF DATA, OR ANY PERFORMANCE UNDER THE AGREEMENT, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF SUCH END-USER OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE MAXIMUM REMEDY AVAILABLE TO EITHER PARTY IS ANY AMOUNT PAID FOR THE LICENSE TO QUOORD HEREUNDER. QUOORD MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
</p>
<b><p>8. SCOPE OF LIMITATIONS AND DISCLAIMERS</p></b>
<p>THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE PRODUCT OR INFORMATION ABOUT SUCH PRODUCT WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE PRODUCT, DOCUMENTATION, OR INFORMATION ABOUT THE PRODUCT AND DOCUMENTATION WITHOUT CONSENT OF Quoord Systems Limited AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
</p>
<b><p>9. ENFORCEABILITY OF THIS AGREEMENT</p></b>
<p>IF ANY PROVISION OF THE AGREEMENT IS UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION WILL BE DEEMED SEVERABLE FROM THE AGREEMENT AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.</p>
<b><p>10. End-User Warranties</p></b>
<p>End-User warrants, represents and unconditionally guarantees to Quoord that (a) End-User has the right and ability to enter into this agreement to license the Quoord Product, (b) End-User and/or any parties which End-User may make the use of the Product available will not be used in any manner which may (i) infringe upon any United States copyright, patent, trademark, trade secret, or other proprietary right; (ii) materially violate any applicable law, statute, ordinance, regulation, right of publicity or privacy; (iii) knowingly contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines; (iv) contain or promote illegal or unlawful activity.</p>
<b><p>11. End-User Indemnification</p></b>
<p>End-User shall indemnify and hold harmless Quoord (and its subsidiaries, affiliates, directors, officers, agents, employees and contractors) of, from and with respect to any and all loss, cost, claim, damage, liability and expense (including, but not limited to, reasonable attorney's fees and all related costs and expenses) incurred by Quoord as a result of any breach by End-User of this License Agreement and any claim, judgment, or adjudication against Quoord related to or arising from any breach of this License Agreement.</p>
<b><p>12. Termination</p></b>
<p>This License Agreement is effective until it is terminated. Unless otherwise explicitly set forth in writing within another agreement, you may terminate this License Agreement at any time by destroying or returning to Quoord all copies of the Product and Documentation in your possession or under your control. Quoord may terminate this License Agreement for any reason, including, but not limited to, if Quoord finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Quoord all copies of the Product and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, limitation of liability and indemnification (specifically paragraphs 3 through 11) shall survive the termination of this License Agreement.</p>
<b><p>13. General</p></b>
<p>This License Agreement shall be construed, interpreted and governed by the laws of Hong Kong S.A.R. without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in Hong Kong S.A.R. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties. No provision of the Agreement will be interpreted against any party because such party or its legal representative drafted such provision.</p>
<br/>
Email: admin@tapatalk.com<br/>
Rooms 1312-13, 13/F<br/>
Hollywood Plaza<br/>
610 Nathan Road<br/>
Mongkok, Kowloon<br/>
Hong Kong S.A.R.<br/>
<br/>
<hr/>