Asterisk®Forge Terms of Use
1. Acceptance
By accessing this Website (also referred to as “AsteriskForge”), you acknowledge acceptance of these terms of use, the Digium privacy policy, and any applicable service specific rules which may apply to a service offered on AsteriskForge. The terms of the foregoing referenced rules and policy are incorporated herein by this reference. If you do not agree to all of the terms, conditions, practices, and policies set forth below, do not access or use this Website. By using this Website, you further represent that you are legally able to be contractually bound by these terms of use.
2. Use of Services
Subject to these terms of use, Digium offers online resources for open source software development and content creation for Asterisk-related projects on AsteriskForge. These shall include, but are not limited to the following: communications tools, source code control (subversion or CVS), issue tracking, mailing lists, documentation, news, and file distribution. AsteriskForge shall be available to any developer or project building open source Asterisk-related applications.
3. User Accounts
In order to access certain services, you may be required to register and obtain a user account on AsteriskForge. If you do register, you must provide an e-mail address and you agree to: (i) provide Digium with accurate, complete, and up to date information; (ii) update your information to keep it accurate, current, and complete; and (iii) to comply with these terms of use. Failure to provide accurate information constitutes a breach of these terms and conditions, and may result in immediate termination of your right to access and use this Website.
You may not select an email address that impersonates someone else, is or may be illegal, or may violate trademark or other proprietary right, or is vulgar and offensive. While Digium does not screen or monitor the creation of accounts or e-mail addresses, Digium reserves the right to reject or delete any account or email address at our sole discretion if it violates these terms of use.
You agree not to sell or transfer your use of or access to this Website or permit anyone else whose account was suspended or terminated to use the Website through your e-mail address or password. You are responsible for maintaining the confidentiality of your account and password and for all activity that occurs on your account. You agree to immediately notify Digium of any unauthorized use of your account or any other breach of security. Digium will not be liable to you for any loss you incur as a result of someone else using your password and account with or without your permission. Digium recommends that you use unique letters, numbers, and special characters for passwords and log off from your account at the end of each session. Digium will handle user data received during registration in accordance with the privacy policy accessible at http://www.digium.com/en/company/view-policy.php?id=Privacy-Policy.
4. Conduct and related User Representations and Warranties
“Content” means any text, data, software, music, sound, photograph, graphic, video, message or material, whether publicly posted or privately transmitted via AsteriskForge. Content shall also include any text or data entered into and stored by publicly accessible site features such as message boards and bug trackers (“Public Content”) and any input, suggestions, or other feedback relating to AsteriskForge (“Feedback”) or any service offered on the Website (“Services”). You acknowledge and agree that you are responsible for your own conduct and any Content that you or anyone using your account creates, transmits, or displays when on AsteriskForge and for any consequences thereof.
When you create or make available your Content, you represent and warrant the following:
a. You own or have sufficient rights to post your Content posted by, on or through AsteriskForge;
b. The posting of your Content on or through AsteriskForge does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any other person;
c. You have fully complied with any third-party licenses relating to your Content, and agree to pay any applicable royalties, fees and other monies owed to any person by reason of any of your Content that you posted to or through AsteriskForge;
d. Your Content does not contain any viruses, works, Trojan horses, malicious code or other harmful or destructive content;
e. Your Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not advocate the overthrow of the government of the United States, does not incite, encourage, or threaten physical harm against another, does not violate any applicable law, regulation, or rule;
f. Your Content does not violate the Children’s Online Privacy Protection Act and you agree not to engage in any unlawful communications or unlawful collection or maintenance of information regarding individuals under the age of thirteen.
g. If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available your Content, or (ii) secured from your employer a wavier as to all rights in or to your Content;
h. Your Content does not violate any state or federal law designated to regulate electronic advertising;
i. Your Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Digium’s or others computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party;
j. Your Content does not inundate this website with communications or other traffic suggesting you have no intent to use this website for its stated purpose;
k. Your Content does not otherwise violate, or link to material that violates any provision of these terms of service,
l. Your Content does not contain content that discriminates, incites harassment or advocates harassment of any group or individual;
m. Your Content is released under an OSI-approved open-source license (http://www.opensource.org/licenses); and
n. You agree to use AsteriskForge only for purposes that are legal and in full compliance with these terms and any applicable Digium policies. A complete list of Digium policies may be found here: http://www.digium.com/en/company/policies.php.
To report any activity or content that may violate these terms, please email asteriskforge@asterisk.org.
5. No Unlawful or Prohibited Use
In connection with your use of AsteriskForge, you agree to comply with all applicable international, state, federal, and local laws, including without limitation, all laws regulating exports. You acknowledge that you are aware that all postings of open source encryption code must be simultaneously reported by email the U.S. government. You are responsible for submitting this email report to the U.S. government in accordance with procedures described in;
http://www.bis.doc.gov/encryption/PubAvailEncSourceCodeNofify.html and Section 740.13(e) of the EAR.
You represent that you are not a person on a list barring you from receiving services under U.S. laws or other applicable jurisdiction, including without limitation, the Denied Persons List, Entity List, and other lists issued by the U.S. Department of Commerce, Bureau of Industry and Security, detailed at http://www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm (or successor sites thereto). Users residing in countries on the United States Office of Foreign Assets Control sanction list, including but not limited to Cuba, Iran, North Korea, Sudan and Syria, may not post or access Content available through AsteriskForge.
6. Monitoring
Digium has the right, but not the obligation, to monitor the Content of this Website to determine compliance with these terms of use. Digium has the right in Digium’s sole discretion to edit, refuse to post, or remove any material submitted to or posted on this Website that Digium finds to be in violation of these terms of use or otherwise objectionable. You are solely responsible for any information that you may post, transmit, or otherwise make available on this website. You acknowledge and agree that Digium does not have any liability for any action or inaction with respect to any conduct, communication, or posting on AsteriskForge or through AsteriskForge.
Digium has the right, but not the obligation, to investigate and take legal action against anyone who violates these terms of use or any applicable law.
7. Privacy Digium will use your information only as described in our privacy policy, a copy of which is available at http://www.digium.com/en/company/view-policy.php?id=Privacy-Policy. If you object to this privacy policy, please do not use this Website. You acknowledge and understand that the technical processing and transmission of services, including your Content, may involve (a) transmissions over various networks; and (b) changes to confirm and adapt to technical requirements of connecting networks, devices, or services.
8. Proprietary Rights
Digium’s Rights- You agree that content contained in sponsor advertisements or presented to you through AsteriskForge (“Sponsor Content”), along with any necessary software used in connection with operating AsteriskForge, contain proprietary and confidential information that are protected by intellectual property and other laws and treaties. In addition the content on the Website, except for all Content, including without limitation, the text, graphics, photos, sounds, sayings, and the like (“Materials”) trademarks, and logos of Digium contained therein (“Marks” or “trademarks”), are owned by or licensed to Digium, and subject to copyright and other intellectual property rights.
Materials, Content, and Sponsor Content on the Website and any necessary software used in connection with operating AsteriskForge are provided to you “AS IS” for your personal information and use. Except as expressly authorized by Digium or the respective third party rights holders in a separate written agreement, you agree not to otherwise use, copy, modify, rent, lease, loan, sell, distribute, transmit, broadcast, create derivative works of, or exploit the Materials, Content, Sponsor Content, and any necessary software used in connection with operating AsteriskForge.
You also agree not to remove , obscure, or alter Digium’s or any third party’s copyright, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through AsteriskForge.
You agree not to access AsteriskForge by any means other than through the interface that is provided by Digium, unless specifically authorized by Digium in a separate written agreement. You also agree not to circumvent, disable, or otherwise interfere with security related features of the Website or feature that prevent or restrict use or copying of any materials or enforcement limitations on use of the Website or the material contained therein.
You agree to use Digium’s trademarks in accordance with Digium’s trademark guidelines, a copy of which can be found at http://www.digium.com/en/company/view-policy.php?id=Trademark-Policy.
Your rights- Except for Feedback provided to Digium regarding AsteriskForge, for which you agree to grant Digium any and all intellectual property rights owned or controlled by you relating to the Feedback, Digium claims no intellectual property ownership or control over any Content except with regard to Digium’s license to the Content as specified below. You or your third party licensor, as applicable, retain all intellectual property rights to any Content and you are responsible for protecting those rights. With respect to AsteriskForge Public Content, you retain ownership of such AsteriskForge Public Content, except that publicly-available statistical content which is generated by Digium to monitor and display the AsteriskForge project activity is owned by Digium.
License to Digium-By submitting, posting, or displaying Content on or through AsteriskForge, you grant Digium a worldwide, non-exclusive, irrevocable, perpetual, full sub licensable, royalty-free license to use, reproduce, adapt, modify, translate, create derivative works from, publish, display, rent, resell and distribute such Content (in whole or in part) on AsteriskForge and to incorporate Content in any other works, in any form, media, services, or technology developed by Digium. However, Digium is not required to incorporate Content or Feedback into any Digium products or services.
With respect to Content posted to private areas of AsteriskForge (i.e., private AsteriskForge, development tools or AsteriskForge e-mail), the submitting user may grant to Digium or other users such rights and licenses as the submitting user deems appropriate.
9. Allegations of Copyright or Trademark Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted materials, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
If you believe that your work has been copied and is accessible on AsteriskForge in a way that constitutes copyright infringement, send a written detailed notification to trademarks@digium.com. Please note that this notification is only to notify Digium that you believe your copyright interests have been infringed. Provided that the notice meets the following minimum requirements and there appears to be a legitimate question of copyright ownership, Digium will either remove or disable access to the allegedly infringing material. You are responsible for pursuing any further remedies against the alleged infringer.
The notice to Digium must contain, at a minimum, the following things: (1) the physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest, (2) a detailed description of the copyrighted work that you believe is infringed upon (3) a description of where the material that you claim is infringing is located on AsteriskForge, or, if multiple (4) your full address, telephone number, and e-mail address, (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, agent, or the law, and (6) a statement by you, under penalty of perjury, that the information submitted b you is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of the copyright interest.
Digium is generally unable to evaluate the merits of trademark disputes between third parties because trademark rights may be based on registration or common law use, and may differ internationally. Digium encourages you to resolve a trademark dispute by contacting the other party directly instead of using Digium as an intermediary.
10. Licensing and other terms applying to code and other content posted on AsteriskForge
AsteriskForge fosters software development and content creation under Open-Source Initiative (“OSI”)- approved licenses or other arrangements relating to software and/or content development that may be approved by Digium. For more information about OSI, visit www.opensource.org.
Use, reproduction, modification, and ownership of intellectual property rights to data stored in CVS, SVN or as a file release and posted by any user on AsteriskForge (“Source Code”) shall be governed by and subject to the OSI-approved license, or to such other licensing arrangements approved by Digium, applicable to such Source Code.
Content located on any AsteriskForge hosted project which is subject to the sole editorial control of the owner of such hosted project, shall be subject to the OSI-approved license, or to such other licensing arrangements that may be approved by Digium, applicable to such Content.
11. No resale or service
You agree not to sell, resell, or offer for any commercial purposes, any portion of, use of, or access to, Services on AsteriskForge, except those that are specifically endorsed or approved by Digium. You shall not do the following without the express written consent of Digium: (a) make any unauthorized use of the AsteriskForge Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited e-mail; and (b) engage in unauthorized framing of or linking to the AsteriskForge website.
12. General Practices Regarding Use and Storage
You agree that Digium has no responsibility or liability for the deletion or failures to store any Content or other communications maintained or transmitted on AsteriskForge. While Digium will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Digium has no responsibility or liability for the deletion or failure to store any communications or Content maintained or transmitted on AsteriskForge.
Though Digium may currently have no set fixed upper limit on the number of transmissions you may send or receive through AsteriskForge, or the amount of storage space you use on AsteriskForge, Digium retains the right, in Digium’s sole discretion, to create limits at any time and Digium will alert you of any such limits by e-mail and shall post updated Terms in accordance with Section 18.
Digium reserves the right to mark as “inactive” and archive AsteriskForge accounts and/or projects that are inactive for extended periods of time.
Upon the termination of your AsteriskForge account, for any reason, including but not limited to inactivity or violation of these terms, Digium will close your account and you will no longer be able to retrieve materials in that account.
Digium will not pre-screen or review Content, but Digium reserves the right (but does not undertake the obligation) in its sole discretion to : (a) monitor AsteriskForge for violations of these terms, (b) take appropriate legal action against anyone who, in Digium’s sole discretion, violates these terms, (c) refuse, restrict access to or the availability of, or disable any of your Content or any portion thereof that may violate the terms or any Digium policy; (d) terminate the account of anyone in violation of thee terms, (e) otherwise manage AsteriskForge in a manner designed to protect the rights and property of Digium and others and to facilitate the proper functioning of AsteriskForge; and (f) restrict access to or the availability of material that Digium, in its sole discretion, considers to be harassing, obscene, or otherwise objectionable.
13. Links to third party websites
AsteriskForge may contain links to third party sites. Access to any third party site linked to AsteriskForge is at your own risk and Digium is not responsible for the accuracy or reliability of any information, data, opinions, advice, statements, terms of use or privacy practices of any third party site, unless it is a website owned or controlled by Digium. Any third party links are provided merely as a convenience and the inclusion of such links does not imply an endorsement of the third party linked site or any entities, products, or services that appear on the third party site. Digium encourages you to be aware when you leave AsteriskForge and to read the privacy statements of each and every third party site that collects personally identifiable information.
14. Indemnification
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND DIGIUM, AND DIGIUM’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY “DIGIUM INDEMNIFIED PARTIES”) FROM ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, DAMAGES, OR OTHER DEMANDS, (“CLAIMS”) (INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND OTHER LEGAL COSTS) ARISING FROM YOUR RELATED TO (A) YOUR OR ANY OTHER USERS OF YOUR ACCOUNT) ACCESS TO OR USE OF ASTERISKFORGE AND SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR OR OTHERS’ ACCESS OF CONTENT OR OTHER MATERIALS AVAILABLE BY MEANS OF THE WEBSITE OR THIRD-PARTY WEB SITES, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES; (B) YOUR VIOLATION OF THESE TERMS OR BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT, OR (C) YOUR CONTENT OR PROVISION TO ASTERISKFORGE OF INFORMATION OR ANY OTHER PRODUCTS, POSTINGS, OFFERINGS, DATA, OR MATERIALS. THE DIGIUM INDEMNFIED PARTIES WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE THROUGH COUNSEL OF THEIR CHOICE OF ANY DEFENSE BY YOU OF ANY CLAIM AS TO WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY, OR HOLD HARMLESS THE DIGIUM INDEMNIFIED PARTIES. YOU MAY NOT SETTLE ANY CLAIM FOR WHICH YOU ARE OBLIGATED TO INDEMNIFY OR DEFEND WITHOUT THE PRIOR WRITTEN CONSENT OF THE APPLICABLE DIIGUM INDEMNIFIED PARTIES.
15. Disclaimers
Digium cannot control the nature of the Content available on AsteriskForge. By operating AsteriskForge, Digium does not represent or imply that Digium endorses any Content, Materials, or other items available or linked to by AsteriskForge, or that Digium believes Content or any other material or items to be accurate, useful, or non-harmful.
Digium does not guarantee that AsteriskForge will always be available or accessible, and is not responsible or liable for any problems you may experience in accessing AsteriskForge or any information on it, even if Digium has been advised if such problems. Scheduled and preventative maintenance as well as required and emergency maintenance may temporarily interrupt access to AsteriskForge.
ALL INFORMATION PROVIDED ON ASTERISKFORGE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGIUM AND DIGIUM’S EMPLOYEES, AGENTS, CONTRACTORS, AND DIRECTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. DIGIUM AND DIGIUM’S EMPLOYEES, AGENTS, CONTRACTORS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE ASTERISKFORGE OR DAMAGES RELATING TO USE OF OR RELIANCE ON THE INFORMATION PRESENT ON THE WEBSITE, EVEN IF DIUGM HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DIGIUM (INCLUDING DIGIUM’S EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS) EXCEED THE GREATER OF (1) THE MINIMUM AMOUNT WHICH APPLICABLE LAW MANDATES DIGUM BE HELD LIABLE FOR, OR (2) $1000.00 (ONE THOUSAND) U.S. DOLLARS. DIGIUM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, SERVICES, OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THORUGH ASTERISKFORGE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DIGIUM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MOINTORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS, SERVICES, OR INFORMATION. YOU AGREE THAT YOUR USE OF ASTERISKFORGE AND ANY SERVICES OFFERED THEREIN WILL BE AT YOUR SOLE RISK.
16. Relationship of the Parties
These terms and conditions create no agency, partnership, joint venture, employment, or franchise relationship between Digium and you.
17. No third party beneficiaries
You agree that there shall be no third party beneficiaries to these terms and conditions.
18. Changes to the Terms of Use
You agree that Digium may provide you with notices, including those regarding changes to these terms of use by e-mail, regular mail, or by postings on AsteriskForge. Digium reserves the right to change these Terms of Use from time to time in its sole discretion, provided that notice is provided in one of the foregoing ways. It is important that you keep your contact information current to ensure you receive any e-mail notifications. Any changes to the Terms of Use will be deemed accepted by subsequent use. Therefore, you should periodically review the most recent version of these terms of use, which shall be accessible through the URL on which the original version of the Terms of Use appeared. These Terms of Use, as they may be modified by Digium, apply to all visitors to the Website, both now and in the future.
19. Entire Agreement
These terms and conditions constitutes the enter agreement between you and Digium relating to this subject matter and supersedes all prior or contemporaneous representations, discussions, negotiations, and agreements, ether written or oral, relating to this subject matter. These terms and conditions may only be modified by Digium as outlined herein.
20. Dispute resolution
You agree that all matters relating to your access to or use of AsteriskForge, including all disputes, will be governed by the laws of the State of Alabama without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Madison County, Alabama, and waive any objection to such jurisdiction or venue. Both parties hereby irrevocably waive any right to a trial by jury and hereby consent to a bench trial in the event of litigation. Any claim arising under these terms and conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. The prevailing party shall be entitled to recover attorneys’ fees. In the event of any controversy or dispute between Digium and you arising out of or in connection with your use or access to AsteriskForge, you and Digium agree to attempt, promptly and in good faith, to resolve any such dispute by providing a detailed description of the problem to the party who is allegedly in breach, and then arranging for direct communication between representatives of each party with authority to reach a final settlement of the dispute. If you and Digium are unable to resolve the dispute within thirty (30) days from the date of first communication between the authorized representatives, then either party may submit the issue to mediation exclusively within Madison County, Alabama. In the event the dispute cannot be resolved through mediation, then you and Digium are free to pursue a bench trial in accordance with this section.
21. Waiver
The failure by Digium to enforce any provision of these terms and conditions shall not constitute a waiver of future enforcement of that or any other provisions. Digium will not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of Digium. If a court or mediator finds any provision of these terms to be invalid or unenforceable, the applicable term will be amended to achieve as nearly as possible the mutual intent of the parties and the remainder of these terms and conditions shall remain in full force and effect.
22. Assignment
Digium may assign these terms and conditions by providing notice in accordance with the notice requirements. You may not assign these terms and conditions to anyone without prior written permission from Digium.
23. Term and Survival
These terms and conditions shall remain in full force and effect while you use the Services or are otherwise a user of AsteriskForge. You may terminate your use and participation at any time, for any reason, by following the instructions provided here: http://forge.asterisk.org.remove.htm. Digium may terminate your use or participation at any time for any violation by you of these terms and conditions or for a violation of any applicable law. Digium reserves the right to modify or discontinue, temporarily or permanently, AsteriskForge or any Service. Digium shall not be liable to you or any third party for such modification, suspension or discontinuance. If your use or participation is terminated or otherwise ended, the material terms of these terms and conditions shall remain in full force and effect.