OpenJDK Web Site Terms of Use

1. INTRODUCTION.

This Site and its Materials are made available by Oracle America, Inc. These Terms of Use apply to everyone who Uses this Site (as defined below), or who participates in any Projects hosted on this Site. THIS DOCUMENT IS A LEGAL CONTRACT. PLEASE READ IT CAREFULLY. BY USING THE SITE OR MATERIALS OR PARTICIPATING IN ANY PROJECTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE SITE OR MATERIALS OR PARTICIPATE IN ANY PROJECTS HOSTED ON THIS SITE.

2. DEFINITIONS.

a.

"Oracle" means Oracle America, Inc.

b.

"Materials" means source code, code samples, object code, technology specifications, technical materials, documentation, discussion thread postings, blogs, wikis, data, and any other content, information, technology or services available on the Site.

c.

"Project" means a project hosted on the Site.

d.

"Site" means the collection of Oracle web pages from which these Terms of Use are linked, or that prompt or require Users to view or accept these Terms before accessing such pages, as well as any successor web pages, mailing lists, or other technology as may be designated by Oracle.

e.

"Submissions" means any Materials submitted to the Site whether or not associated with a particular Project.

f.

"Terms" means these Terms of Use.

g.

"Use" and its variants are to be interpreted in their broadest sense and include, without limitation, the acts of using, accessing, receiving, browsing, downloading from, and uploading to. A "User" is a person or entity who Uses the Site.

h.

"You" means you personally, as well as any person or entity on whose behalf you are Using the Site. "You" does not include Oracle or its employees using the Site on Oracle's behalf.

i.

"GPL" means the GNU General Public License, version 2.

j.

"JSR" means a Java Specification Request.

k.

"Specification Lead" means a party designated as the Specification or Maintenance Lead for a particular JSR under the Java Community Process.

3. ACCESS TO THE SITE AND THE MATERIALS.

The following terms apply to the Materials provided to you on the Site by Oracle.

You may have rights granted by Oracle or another party to certain Materials, such as (a) implementation code or proposed implementation code of a Java platform, under licenses such as the GPL, the GPL with the Classpath Exception and/or the OpenJDK Assembly Exception, or the Apache 2.0 license, or (b) technology specifications under other licenses. However, in addition to any other rights you may have in any posted Materials from those separate licenses, Oracle grants you the right to evaluate and comment on the posted Materials on the Site, including the right and license to modify Materials in the course of such evaluation and to repost modified Materials to appropriate locations on the Site as Submissions, subject to the licenses set forth in Section 4 below.

4. THINGS YOU SUBMIT TO THE SITE.

The following terms apply to any Submissions made by You ("Your Submissions").

a.

Rights Granted Under the GPL. In addition to any other rights and licenses you grant in your code Submissions, You also grant all other Users of this Site the right to use Your code Submissions under the terms of the GPL, and with the OpenJDK Assembly Exception and/or the Classpath Exception if such exceptions apply to the original code. As a special exception, if you have received OpenJDK Material from Oracle under a license that is not compatible with the GPL, such as Apache 2.0, or under a license that is in addition to the GPL, then to the extent your Submissions are a modification of that Material, you grant all other Users of this Site the right to use Your code Submissions under the terms of that license. This does not excuse your obligation to ensure that you comply with all other obligations to grant licenses for your Submissions as set forth herein.

b.

Rights Granted Under Other Open Source Licenses. Certain mailing lists and portions of the Site may identify additional open source licenses that will apply to Your code Submissions. Such identification will be prominent on the relevant portion of the Site and/or mailing list. With respect to Your code Submissions made on such mailing lists and portions of the Site, in addition to any other rights and licenses that you may grant under these Terms of Use or otherwise (including subsection 4a above), you grant all other Users of those mailing lists and portions of the Site the right to use Your code Submissions under the terms of the identified license. This does not excuse your obligation to ensure that you comply with all other obligations to grant licenses for your Submissions as set forth herein. Code received only under the GPL, for example, must not be posted to a mailing list that designates BSD as an alternative license.

c.

Additional Rights Relating to Your Submissions. Whether or not other agreements relating to Java development ("Other Agreements") exist between you and Oracle or between you and another Specification Lead, including, without limitation, the Oracle Contributor Agreement, you agree that any Submissions you make available or authorize to be made available on the Site may be disclosed by Oracle to others for use in evaluating and commenting on Java technology, including, without limitation, modifying the Submissions and posting the modifications on the Site for further evaluation, comment and/or modification.

d.

Code and Technology Specification Submissions. You hereby grant to Oracle a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license under Your intellectual property rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display and use your code and technology specification Submissions and to incorporate or implement them in other works in any form, media, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Submission into any product or service, and to display, market, sublicense and distribute the Submission as incorporated or embedded in any product or service distributed or offered by Oracle without compensation to you.

e.

Submissions Other than Code and technology specifications. This Section 4.e applies to all of Your Submissions other than code Submissions. You hereby grant to Oracle and all Users a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license under Your intellectual property rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use Your Submissions (in whole or part) and to incorporate or implement them in other works in any form, media, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Submission into any product or service, and to display, market, sublicense and distribute the Submissions as incorporated or embedded in any product or service distributed or offered by Oracle without compensation to you. All Users, Oracle, and their sublicensees are responsible for any modifications they make to the Submissions of others.

f.

You agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Site, Submissions that you have the right and authority to Share and for which you have the right and authority to grant to Oracle, and all Users, all of the licenses and rights set forth herein. By Sharing your Submissions, You warrant that: (a) you have the right and authority to grant such licenses; and (b) Oracle's exercise of the rights granted pursuant to such licenses will not infringe or otherwise violate any third party rights. YOU AGREE THAT YOU, AND NOT ORACLE, ARE FULLY RESPONSIBLE FOR YOUR SUBMISSIONS AND THAT YOU, AND NOT ORACLE, ARE LIABLE FOR ANY AND ALL CLAIMS ARISING OUT OF THEM.

g.

You agree that you will not Share any Submission that: (a) is binary executable code; (b) is false or misleading; (c) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (d) invades another's privacy or includes another's confidential, sensitive or personal information; (e) promotes bigotry, racism, hatred or harm against any group or individual; (f) is obscene or not in good taste; (g) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (h) you do not have the right and authority to Share and grant the necessary rights and licenses for; (i) violates or promotes the violation of any applicable laws or regulations; (j) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (k) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.

h.

Submissions May Be Covered By Other Agreements. Your Submissions may be covered under Other Agreements. With respect to Your obligations regarding such Submissions, to the extent there is a conflict, the Other Agreements take precedence over these Terms, and you agree to be bound accordingly, which may require that you do not post certain Submissions at certain locations on the Site.

i.

Relation to Other Java Development Organizations. If a JSR designates this Site to be used by participants in that JSR then, in addition to any rights and licenses granted as a result of participation in that JSR, all Submissions by the participants will be deemed to be "contributions" to the applicable JSR under the Java Specification Participation Agreement, the Oracle Contributor Agreement, or other similar terms.

j.

Oracle does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with your Submissions it shall not be considered confidential information and shall be received and treated by Oracle on a non-confidential and unrestricted basis. You agree that, provided Oracle is otherwise in compliance with the terms of this section, Oracle shall have no liability for any third party use or misuse of your Submissions.

k.

Moral Rights. You agree that with respect to any "moral" or equivalent rights (including, without limitation, rights of attribution, integrity, disclosure, and withdrawal) You hereby: (i) assign such rights to Oracle, (ii) waive such rights and (iii) agree never to assert such rights or to institute or maintain any action against Oracle or Users relative to any such rights in Your Submissions. To the extent that such rights cannot be assigned or waived by operation of law, You grant to Oracle, a royalty-free, perpetual, irrevocable and worldwide license to fully exercise all such rights akin to ownership, with rights to sublicense through multiple levels of sublicensees and You further consent to Oracle's use sufficient to allow Oracle to exercise the rights granted herein.

5. MISCELLANEOUS.

a.

Security, Passwords and Means of Accessing the Site and Materials. You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Oracle accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Oracle accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Oracle accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Oracle accounts, computer systems or networks without Oracle's express written permission. However, you are expressly permitted to crawl the Site via a standalone automatic process, such as a spider, solely for the purpose of constructing a search index of the Site. You are also expressly permitted to access the Site via standalone automatic processes for the purposes of downloading source code, querying the bug database, and other such read-only operations solely as may be necessary in the normal course of development in connection with authorized use of the code. These two exceptions are granted only so long as such activities are not so frequent or time-consuming as to impact other users of the Site, as determined by Oracle.

b.

Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Oracle immediately of any unauthorized use of your password(s) or account(s).

c.

Use at Your Own Risk. You understand that Oracle may or may not pre-screen Materials, and You agree to assume all risks in Using them. These risks include, but are not limited to, errors, viruses, worms, time-limited software that expires without notice, defamatory or offensive content, and the possibility that the Materials infringe or misappropriate the intellectual property rights of others. You agree to assume all such risks. ANY MATERIALS ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. ORACLE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIALS. If Oracle becomes aware of Submissions that violate these Terms or that Oracle believes to be obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable, Oracle may act in good faith to restrict access to or availability of the applicable Material. If You notice that any other User's Submissions appear to violate these Terms, or if any other User makes You feel harassed or unsafe, You agree to contact us immediately.

d.

Don't Blame the Messenger. You understand that Materials may contain the opinions of others and You agree not to hold Oracle responsible for such opinions.

e.

Copyright Infringement. We are committed to respecting others' intellectual property rights, and we ask our Users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Site, please contact Oracle's copyright agent as described in our copyright agent website located at http://www.oracle.com/us/legal/copyright/index.html

f.

Management of Materials and Access. You agree that Oracle has sole discretion in deciding whether to accept and post Materials, and that Oracle may delete Materials for any reason (including no reason) whatsoever. You understand that access to the Site may be limited for technical reasons, that outages may occur, and that Oracle has no obligation to store or back up any Materials. You agree that Oracle has the right to restrict or terminate, in its sole discretion, access to the Site for any reason, including its belief that a User has violated these Terms.

g.

Privacy. You consent to the collection, processing and storage by Oracle of any personal information provided by You in accordance with the terms of Oracle's Privacy Policy, which is available at http://www.oracle.com/privacy and incorporated into these Terms by reference. You agree to comply with all applicable laws and regulations, and the terms of Oracle's Privacy Policy, with respect to any Use by You of any personal information in connection with this Site. Notwithstanding anything to the contrary, if You choose to participate in an open source or community source process on this Site - whether by contributing code, participating in mailing lists, signing a contributor agreement or sending an e-mail - Your participation is public and Your privacy cannot be protected to the extent that You provide personal information such as Your e-mail address, username or full name. To the extent that You contribute code, information, articles or other material to this Site containing personal information, Oracle cannot protect the privacy of such personal information and such material may be provided to others under the Terms, contributor agreement and/or applicable licenses.

h.

Reservation of Rights. The Site and Materials provided on or through the Site are the intellectual property and copyrighted works of Oracle or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Materials provided on or through the Site are reserved. All Materials are provided on an "As Is" and "As Available" basis, and Oracle reserves the right to terminate the access to Materials granted to you in these Terms at any time.

i.

No Unlawful or Prohibited Use. You agree not to use the Site or Materials provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Use, or the rules, guidelines or terms of use posted for a specific area of the Site or Materials provided on or through the Site.

j.

Indemnity. You agree to indemnify and hold harmless Oracle, their officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Submissions that you share on the Site, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Materials provided on or through the Site, or your violation or infringement of any third party rights.

k.

Monitoring. Oracle has no obligation to monitor the Site or screen Submissions that are Shared on or through the Site. However, Oracle reserves the right to review the Site and Submissions and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Materials at its sole discretion.

l.

Termination of Use. Oracle may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Materials provided on or through the Site. You agree that Oracle may, in its sole discretion, at any time, terminate or limit your access to or use of the Site. Oracle will terminate or limit your access to or use of the Site if, under appropriate circumstances, you are determined to be a repeat infringer of third party copyright rights. You agree that Oracle shall not be liable to you or any third-party for any termination or limitation of your access to or use of the Site.

m.

Third Party Web Sites, Content, Products and Services. The Site provides links to Web sites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Oracle is not responsible for third party content provided on or through the Site and you bear all risks associated with the access and use of such Web sites and third party content, products and services.

n.

Disclaimer. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ORACLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE. ORACLE MAKES NO WARRANTY THAT: (A) THE SITE OR MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY MATERIALS PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY MATERIALS PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

o.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, ORACLE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR MATERIALS, EVEN IF ORACLE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE). TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM AGAINST ORACLE FOR LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE SITE OR MATERIALS. YOU AGREE TO HOLD ORACLE HARMLESS FROM, AND YOU COVENANT NOT TO SUE ORACLE, FOR ANY CLAIMS IN CONNECTION WITH THE SITE OR ANY MATERIALS, INCLUDING THIRD PARTY MATERIALS AND SUBMISSIONS.

p.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

q.

Changes. ORACLE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND MATERIALS PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE. Oracle encourages You to review the Terms periodically before using the Site or Materials. The most current version of the Terms can be viewed by clicking on the "Terms of Use" link at the bottom of any page on the Site. By continuing to Use the Site or Materials after the posting of any changes to the Terms, You agree to be bound by such changes. You are also required to comply with all applicable laws in connection with Your access to and Use of the Site and Materials, and such further limitations as may be set forth in any subsequent notice from Oracle. As a condition of Your access and Use of the Site and Materials, you warrant that You will not use the Site or Materials for any purpose that is unlawful or prohibited by the Terms.

r.

Note About Minors. Minors are not eligible to use the Site, and we ask that they do not submit any information to us.

s.

Export Restrictions/Legal Compliance. You may not access, download, use or export the Site, or the Materials provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Oracle in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Oracle outside the U.S. Neither the services of Oracle nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

t.

Copyright/Trademark

Copyright © 1995, 2012, Oracle and/or its affiliates. All rights reserved.

Oracle and Java are registered trademarks of Oracle and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners.

For information on use of Oracle trademarks, go here: http://www.oracle.com/us/legal/third-party-trademarks/third-party-trademarks-078568.html.

u.

Applicable Laws. All matters relating to your access to, and use of, the Site and Materials provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site or Materials shall be instituted in a state or federal court in San Francisco or Santa Clara County, California. You and Oracle agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

v.

General. These Terms constitute the entire agreement between You and Oracle regarding their subject matter, and supersede any prior versions. No modification to the Terms will be binding, unless authorized by Oracle in writing or as provided in Section 5.q above. Any express waiver or failure to exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any competent court, governmental entity or arbitrator, such provision will be replaced with an enforceable provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of these Terms. Rights and obligations under these Terms other than provisions that authorize You to Use or access the Site or Materials will remain in effect after termination or expiration of this agreement between us. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Oracle as a result of these Terms or Your access to or Use of the Site and Materials.

w.

Contact Information. If you have any questions regarding these Terms of Use, please contact Oracle at trademar_us@oracle.com. If you have any other questions, contact information is available at the Contact Oracle page on the Site.

Date: 6 March 2012