2. DEFINITIONS. As used here:
a. "Hosts" means Oracle.
b. "Materials" means source code, code samples, object code, 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 web pages that can be accessed via any URL ending in the string kenai.com, as well as any successor web pages or other technology as may be designated by the Host.
e. "Submissions" means any Materials submitted to the Site, including all Projects.
g. "Use" and its variants are meant in their broadest sense, including, but not limited to, 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. If you are Using the Site on behalf of another person or entity, please send an e-mail to email@example.com providing the name of such person or entity and confirming that you have been authorized to accept these Terms on his, her or its behalf. In such event, "You" means you personally, as well as the person or entity on whose behalf you are Using the Site.
3. ACCESS TO THE SITE AND THINGS YOU FIND HERE. This section refers to the Materials found on the Site, as defined above.
b. Use at Your Own Risk. You understand that the Hosts 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. If Hosts become aware of Submissions that violate these Terms or that Hosts believe to be obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable, they may act in good faith to restrict access to or availability of the 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.
c. Don't Blame the Messenger. You understand that Materials may contain the opinions of others and You do not hold the Hosts responsible for such opinions.
d. Copyright Infringement. If You believe that any Materials infringe Your copyrights, please follow the procedure set forth at http://www.oracle.com/us/legal/copyright/index.html.
e. Management of Materials and Access. You agree that the Host has sole discretion in deciding whether to accept and post Materials, and that the Host 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 the Host has no obligation to store or back up any Materials. You agree that the Host has the right to restrict or terminate, in their sole discretion, access to the Site for any reason, including their belief that a User has violated these Terms.
f. Links to Other Sites. You understand that this Site may provide links to other sites or content that is not hosted or managed by the Hosts, and you agree that the Hosts have no control over, responsibility or liability whatsoever relating to any such sites or content, including Your Use of them.
4. THINGS YOU SUBMIT TO THE SITE. This Site offers many opportunities for You to contribute Materials to the community on this Site. In addition to the other terms found here, the following terms apply to any Submissions made by You ("Your Submissions").
a. You Take Responsibility for Your Submissions. You warrant that You have all rights needed to provide Your Submissions to the Host for posting to the Site in accordance with the Terms and to grant the licenses set forth in sections 4.b and 4.c. You agree that You will make all reasonable efforts to ensure that Your Submissions: (i) do not infringe, misappropriate or violate the intellectual property rights or privacy interests of others; (ii) are not confidential or trade secret information, or subject to anyone's privacy interests; (iii) are not inaccurate, harmful, obscene, pornographic, defamatory, racist, or otherwise objectionable to a reasonable User; and (iv) do not violate any law, ordinance, or regulation of any country, state or locality. YOU AGREE THAT YOU, AND NOT THE HOST, ARE FULLY RESPONSIBLE FOR YOUR SUBMISSIONS AND THAT YOU, AND NOT THE HOST, ARE LIABLE FOR ANY AND ALL CLAIMS ARISING OUT OF THEM.
b. Source Code Submissions. You agree that any source code You contribute to a Project will be submitted under, and subject to, the license posted for that Project. If no license is posted, You agree that Your Submission will be governed by the Apache License, Version 2.0, which terms can be found http://opensource.org/licenses/apache2.0.php. You acknowledge that You are responsible for including all applicable copyright notices and licenses with Your Submissions, and that You assume the risks of failing to do so, including the potential loss of Your rights to Your Submissions.
c. Other Submissions. This Section 4.c applies to all Submissions other than source code Submissions contributed to a Project. The Hosts do not claim ownership of Your Submissions. However, in order to fulfill the purposes of this Site, You must give the Hosts and all Users the right to post, access, discuss, use, publish, disseminate and refine Your Submissions. In legalese: You hereby grant to the Hosts 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, all subject to the obligation to retain any copyright notices included in Your Submissions. All Users, the Hosts, and their sublicensees are responsible for any modifications they make to the Submissions of others.
d. Private Projects. With respect to a Project that is designated as "Private," the preceding license is limited to Users who have access to the Project (including Hosts), and You may sublicense such rights only to other Users with authorized access to the Project.
e. Other Licenses/Terms. Some Projects are governed by their own terms regarding Submissions and may require You to sign agreements(such as an Oracle Contributor Agreement) assigning and/or licensing Your rights in Your Submissions. In all such cases, and to the extent there is a conflict, the terms of those Projects and agreements take precedence over these Terms.
a. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING ALL MATERIALS FOUND ON IT, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. THE HOSTS DISCLAIM ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE HOSTS MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THIS SITE OR ANY MATERIALS ON IT.
b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOSTS ARE 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 THE HOSTS HAVE 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 HOSTS 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 HOSTS HARMLESS FROM, AND YOU COVENANT NOT TO SUE HOSTS, FOR ANY CLAIMS IN CONNECTION WITH THE SITE OR ANY MATERIALS, INCLUDING THIRD PARTY MATERIALS AND SUBMISSIONS.
c. Trademarks. All logos and trademarks contained on this Site are and remain the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to You by these Terms.
d. Changes to Terms. These Terms may be changed or updated by the Host without notice.
e. Export Compliance. You agree that U.S. export control laws and other applicable export and import laws govern your Submissions and use of the Site, Materials and Submissions, including technical data; additional information can be found on Oracle's Global Trade Compliance web site (http://www.oracle.com/products/export). You agree that neither the Materials and Submissions nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.