M204wiki:Terms of use: Difference between revisions

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SirWiki provides users with online access to Sirius Software product
{{Project:Purpose}}{{SITENAME}} is owned and operated by Rocket Software, Inc. and its affiliates ("Rocket" or "we").
documentation and a procedure to collaboratively contribute and edit product
These Terms of Use ("Agreement") between you and Rocket set
documentation content. SirWiki is owned and operated by Sirius Software, Inc.
forth the terms on which we make {{SITENAME}} available to you, "You" meaning any
("Sirius" or "we"). These Terms of Use ("Agreement") between you and Sirius set
person or entity who uses {{SITENAME}} and/or posts User Content to {{SITENAME}}.
forth the terms on which we make SirWiki available to you, "You" meaning any
By using {{SITENAME}} and/or posting [[Project:Terms of use#User Content|User Content]] you agree to be bound by the terms and
person or entity who uses SirWiki and/or posts User Content to SirWiki. By using
SirWiki and/or posting User Content you agree to be bound by the terms and
conditions of this Agreement.
conditions of this Agreement.
   
   
<h2>Proprietary materials and ownership</h2>
==Proprietary materials and ownership==
SirWiki is the property of Sirius.  Without limitation of the foregoing, all the text,
{{SITENAME}} is the property of Rocket.  Without limitation of the foregoing, all the text,
images, sound, music, marks, logos, compilations (meaning the collection,
images, sound, music, marks, logos, compilations (meaning the collection,
arrangement and assembly of information) and other content on this website
arrangement and assembly of information) and other content on this website
other than User Content as defined below (collectively, the "Site Content"), and
other than User Content as defined below (collectively, the "Site Content"), and
all software embodied in SirWiki ("Software") is proprietary to us or to third
all software embodied in {{SITENAME}} ("Software") is proprietary to us or to third
parties and are protected by copyright and other intellectual property laws.
parties and are protected by copyright and other intellectual property laws.
Except as otherwise expressly permitted by this Agreement, any use, copying,
Except as otherwise expressly permitted by this Agreement, any use, copying,
making derivative works, transmitting, posting, linking, deep linking, redistribution,
making derivative works, transmitting, posting, linking, deep linking, redistribution,
sale, decompilation, modification, reverse engineering, translation or disassembly
sale, decompilation, modification, reverse engineering, translation or disassembly
of the Software or Site Content (collectively, the "Sirius Property") is prohibited.
of the Software or Site Content (collectively, the "Rocket Property") is prohibited.
You may be subject to criminal or civil penalties for violation of this paragraph.
You may be subject to criminal or civil penalties for violation of this paragraph.
   
   
The marks SIRIUS SOFTWARE, SIRWIKI, and other Sirius marks used on
The marks Rocket and the Rocket Software logos are registered trademarks of Rocket Software, Inc.
SirWiki are registered or unregistered trademarks of Sirius, and they may not be
Other products and service names might be registered or unregistered trademarks of Rocket,
and they may not be
used in connection with any service or products other than those provided by
used in connection with any service or products other than those provided by
Sirius, in any manner that is likely to cause confusion among Users, or in any
Rocket, in any manner that is likely to cause confusion among Users, or in any
manner that disparages or discredits SiriusSirWiki may also feature the
manner that disparages or discredits Rocket{{SITENAME}} may also feature the
trademarks, service marks, and logos of Sirius or third parties, and each owner
trademarks, service marks, and logos of Rocket or third parties, and each owner
retains all rights in such marks.  Any use of such marks, or any others displayed
retains all rights in such marks.  Any use of such marks, or any others displayed
on SirWiki, will inure solely to the benefit of their respective owners.
on {{SITENAME}}, will inure solely to the benefit of their respective owners.
<h2>License to use SirWiki</h2>
 
Sirius authorizes you to access, view and use SirWiki to further your
==License to use {{SITENAME}}==
understanding of Sirius products.  You may not remove any copyright, trademark
Rocket authorizes you to access, view and use {{SITENAME}} to further your
or other proprietary notices that have been placed on the Sirius Property.
understanding of Rocket products.  You may not remove any copyright, trademark
or other proprietary notices that have been placed on the Rocket Property.
Changing, copying, redistributing, republishing, uploading, posting, transmitting,
Changing, copying, redistributing, republishing, uploading, posting, transmitting,
distributing or otherwise exploiting in any way the Sirius Property, or any portion
distributing or otherwise exploiting in any way the Rocket Property, or any portion
of the Sirius Property, is strictly prohibited without the prior written permission of
of the Rocket Property, is strictly prohibited without the prior written permission of
Sirius, unless this Agreement otherwise expressly allows you to do so.
Rocket, unless this Agreement otherwise expressly allows you to do so.
   
   
You warrant and agree that your use of SirWiki will be consistent with this
You warrant and agree that your use of {{SITENAME}} will be consistent with this
Agreement and will not infringe or violate the rights of any other party or breach
Agreement and will not infringe or violate the rights of any other party or breach
any contract or legal duty to any other parties.  You will comply with all applicable
any contract or legal duty to any other parties.  You will comply with all applicable
laws, regulations and ordinances relating to SirWiki, the Sirius Property or your
laws, regulations and ordinances relating to {{SITENAME}}, the Rocket Property or your
use of them, and in using SirWiki you will not engage in any conduct that restricts
use of them, and in using {{SITENAME}} you will not engage in any conduct that restricts
or inhibits any other person from using or enjoying SirWiki.
or inhibits any other person from using or enjoying {{SITENAME}}.
<h2>User Content</h2>
 
In connection with using SirWiki, you may upload, post, or submit to SirWiki
==User Content==
In connection with using {{SITENAME}}, you may be authorized to upload, post, or submit to {{SITENAME}}
screenshots, text, graphics, and other materials and information (collectively,
screenshots, text, graphics, and other materials and information (collectively,
"User Content") pertinent to the purpose of SirWiki.  The User Content remains
"User Content") pertinent to the purpose of {{SITENAME}}.  The User Content remains
your property, and Sirius does not claim any ownership of the copyright or other
your property, and Rocket does not claim any ownership of the copyright or other
proprietary rights in such User Content.  Notwithstanding the foregoing, you
proprietary rights in such User Content.  Notwithstanding the foregoing, you
agree to all of these:
agree to all of these:
<ul>
<ol class="low-al">
<li>You are publishing and making your User Content publicly available for viewing
<li>You are publishing and making your User Content publicly available for viewing
by third parties on a non-confidential basis, your User Content may be
by third parties on a non-confidential basis, your User Content may be
associated with your username and so will be attributable to you, third parties will
associated with your username and so will be attributable to you, third parties will
gain access to your User Content through SirWiki, and Sirius shall in no event be
gain access to your User Content through {{SITENAME}}, and Rocket shall in no event be
liable to you for any use or misuse of your User Content by any third party;
liable to you for any use or misuse of your User Content by any third party;
<li>You grant Sirius a worldwide, non-exclusive, perpetual, irrevocable, royalty-
<li>You grant Rocket a worldwide, non-exclusive, perpetual, irrevocable, royalty-free,  
free, transferable license, with right to sublicense through multiple tiers, to copy,
transferable license, with right to sublicense through multiple tiers, to copy,
edit, modify, use, publish, distribute, prepare derivative works, publicly perform,
edit, modify, use, publish, distribute, prepare derivative works, publicly perform,
publicly display and otherwise exploit the User Content in connection with
publicly display and otherwise exploit the User Content in connection with
operation of SirWiki, promotion of Sirius products and services, and any other
operation of {{SITENAME}}, promotion of Rocket products and services, and any other
purposes reasonably related to using SirWiki and participation in promotions and
purposes reasonably related to using {{SITENAME}} and participation in promotions and
advertising of Sirius and its partners.
advertising of Rocket and its partners.
<li>All users of SirWiki have the right to access your User Content, and to copy,
<li>All users of {{SITENAME}} have the right to access your User Content, and to copy,
modify, use, publish, distribute, prepare derivative works, publicly perform,
modify, use, publish, distribute, prepare derivative works, publicly perform,
publicly display and otherwise exploit the User Content for personal, non-
publicly display and otherwise exploit the User Content for personal, non-commercial use.
commercial use.
</ol>
</ul>
 
<h2>Restrictions</h2>
==Restrictions==
You agree to <b>not</b> use SirWiki to do any of the following:
You agree to <b>not</b> use {{SITENAME}} to do any of the following:
<ol>
<ol class="low-al">
<li>Upload, post, email, transmit or otherwise make available any User Content
<li>Upload, post, email, transmit or otherwise make available any User Content
that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
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designed to interrupt, destroy or limit the functionality of any computer software
designed to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
or hardware or telecommunications equipment;
<li>Interfere with or disrupt SirWiki or servers or networks connected to SirWiki, or
<li>Interfere with or disrupt M204wiki or servers or networks connected to M204wiki, or
disobey any requirements, procedures, policies or regulations of networks
disobey any requirements, procedures, policies or regulations of networks
connected to SirWiki;
connected to {{SITENAME}};
<li>Intentionally or unintentionally violate any applicable local, state, national or
<li>Intentionally or unintentionally violate any applicable local, state, national or
international law;
international law;
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<li>Collect or store personal data about other users.
<li>Collect or store personal data about other users.
</ol>
</ol>
You acknowledge that Sirius may or may not pre-screen User Content, but that
 
Sirius shall have the right (but not the obligation) in its sole discretion for any
You acknowledge that Rocket may or may not pre-screen User Content, but that
Rocket shall have the right (but not the obligation) in its sole discretion for any
reason to pre-screen, refuse, delete, or move any User Content that is available
reason to pre-screen, refuse, delete, or move any User Content that is available
via SirWiki.  Without limiting the foregoing, Sirius shall have the right to remove
via {{SITENAME}}.  Without limiting the foregoing, Rocket shall have the right to remove
any User Content that violates this Agreement or is otherwise objectionable. You
any User Content that violates this Agreement or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of any
agree that you must evaluate, and bear all risks associated with, the use of any
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usefulness of such User Content.
usefulness of such User Content.
   
   
==Limitation of content accuracy==
<h2>Limitation of content accuracy</h2>
Insofar as {{SITENAME}} is a collaborative environment for documentation of Rocket
Insofar as SirWiki is a collaborative environment for documentation of Sirius
products that contains edits and contributions of content by users of
Software products that contains edits and contributions of content by users of
{{SITENAME}} other than Rocket, Rocket does not guarantee the accuracy, integrity or
SirWiki other than Sirius, Sirius does not guarantee the accuracy, integrity or
quality of {{SITENAME}} Content. Under no circumstances will Rocket be liable in any way
quality of SirWiki Content. Under no circumstances will Sirius be liable in any way
for any User Content, including, but not limited to, for any errors or omissions in
for any User Content, including, but not limited to, for any errors or omissions in
any User Content, or for any loss or damage of any kind incurred as a result of
any User Content, or for any loss or damage of any kind incurred as a result of
the use of any User Content posted, emailed, transmitted or otherwise made
the use of any User Content posted, emailed, transmitted or otherwise made
available via SirWiki.
available via {{SITENAME}}.
<h2>Indemnity</h2>
 
You agree to indemnify and hold Sirius, and its subsidiaries, affiliates, officers,
==Indemnity==
You agree to indemnify and hold Rocket, and its officers,
agents, co-branders or other partners, and employees, harmless from any claim,
agents, co-branders or other partners, and employees, harmless from any claim,
demand, action, suit, proceeding, liability, losses, damages, costs and expenses,
demand, action, suit, proceeding, liability, losses, damages, costs and expenses,
including reasonable attorneys' fees, arising out of User Content you submit, post,
including reasonable attorneys' fees, arising out of User Content you submit, post,
transmit or make available through SirWiki, your use of SirWiki, your connection
transmit or make available through {{SITENAME}}, your use of {{SITENAME}}, your connection
to SirWiki, your violation of this Agreement, or your violation of any rights of
to {{SITENAME}}, your violation of this Agreement, or your violation of any rights of
another.
another.
<h2>DISCLAIMER OF WARRANTIES</h2>
 
==DISCLAIMER OF WARRANTIES==
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
<ol class="n">
<ol class="low-al">
<li>YOUR USE OF SIRWIKI IS AT YOUR SOLE RISK. SIRWIKI IS PROVIDED
<li>YOUR USE OF {{SITENAME}} IS AT YOUR SOLE RISK. {{SITENAME}} IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIRIUS EXPRESSLY
ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROCKET EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
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NON-INFRINGEMENT.
NON-INFRINGEMENT.
   
   
<li>SIRIUS MAKES NO WARRANTY THAT (i) SIRWIKI WILL MEET YOUR
<li>ROCKET MAKES NO WARRANTY THAT (i) {{SITENAME}} WILL MEET YOUR
REQUIREMENTS, (ii) SIRWIKI WILL BE UNINTERRUPTED, TIMELY, SECURE,
REQUIREMENTS, (ii) {{SITENAME}} WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF SIRWIKI WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
USE OF {{SITENAME}} WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH SIRWIKI WILL MEET YOUR
PURCHASED OR OBTAINED BY YOU THROUGH {{SITENAME}} WILL MEET YOUR
EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE
EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE
CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE
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<li>ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
<li>ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF SIRWIKI IS DONE AT YOUR OWN DISCRETION AND RISK AND
THE USE OF {{SITENAME}} IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
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<li>NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
<li>NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM SIRIUS OR THROUGH OR FROM SIRWIKI SHALL
OBTAINED BY YOU FROM ROCKET OR THROUGH OR FROM {{SITENAME}} SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
   
   
<li>INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS
<li>INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS
ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY
ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY
SIRIUS AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
ROCKET AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
</ol>
</ol>
<h2>Limitation of liability</h2>
 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIRIUS SHALL NOT BE
==LIMITATION OF LIABILITY==
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROCKET SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF SIRIUS HAS BEEN ADVISED OF
OR OTHER INTANGIBLE LOSSES (EVEN IF ROCKET HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE SIRWIKI; (ii) THE COST OF PROCUREMENT OF
OR THE INABILITY TO USE {{SITENAME}}; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM SIRWIKI; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
FROM {{SITENAME}}; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON SIRWIKI; OR (v) ANY OTHER MATTER RELATING TO
ANY THIRD PARTY ON {{SITENAME}}; OR (v) ANY OTHER MATTER RELATING TO
SIRWIKI.
{{SITENAME}}.
<h2>Digital Millennium Copyright Act</h2>
 
Sirius complies with the provisions of the Digital Millennium Copyright Act
==Digital Millennium Copyright Act==
Rocket complies with the provisions of the Digital Millennium Copyright Act
applicable to internet service providers (17 U.S.C. '512, as amended).  If you
applicable to internet service providers (17 U.S.C. '512, as amended).  If you
have any complaints or objections to material posted on SirWiki you may contact
have any complaints or objections to material posted on {{SITENAME}} you may contact
our Designated Agent at the following address:
our Designated Agent at the following address:
<p class="code">James Lapierre
<p class="code">James Lapierre
Sirius Software, Inc.
Rocket Software, Inc.
875 Massachusetts Avenue
77 Fourth Avenue, Suite 100
Cambridge, MA
Waltham, MA 02451
Telephone: 617.876.6677 begin_of_the_skype_highlighting              617.876.6677      end_of_the_skype_highlighting begin_of_the_skype_highlighting              617.876.6677      end_of_the_skype_highlighting ext 219
Telephone: 781 684 2267
Email: jal@sirius-software.com
Email: JLapierre@rocketsoftware.com
</p>
</p>
Any notice alleging that materials hosted by or distributed through SirWiki infringe
===DMCA Takedown notice===
Any notice alleging that materials hosted by or distributed through {{SITENAME}} infringe
intellectual property rights must include the following information:
intellectual property rights must include the following information:
<ol class="n">
<ol class="low-al">
<li>An electronic or physical signature of the person authorized to act on
<li>An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other right being infringed;
behalf of the owner of the copyright or other right being infringed;
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claim has been infringed;
claim has been infringed;
<li>A description of the material that you claim is infringing and where it is
<li>A description of the material that you claim is infringing and where it is
located on SirWiki;
located on {{SITENAME}};
<li>Your address, telephone number, and email address;
<li>Your address, telephone number, and email address;
<li>A statement by you that you have a good faith belief that the use of the
<li>A statement by you that you have a good faith belief that the use of the
materials on SirWiki of which you are complaining is not authorized by the
materials on {{SITENAME}} of which you are complaining is not authorized by the
copyright owner, its agent, or the law; and
copyright owner, its agent, or the law; and
<li>A statement by you that the above information in your notice is accurate
<li>A statement by you that the above information in your notice is accurate
and that, under penalty of perjury, you are the copyright or intellectual property
and that, under penalty of perjury, you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
owner or authorized to act on the copyright or intellectual property owner's behalf.
<p>
</ol>
<b>Counter notices</b></p>
 
<p>
===DMCA Counter-notice===
If material that you have posted to SirWiki has been removed or disabled, you
If material that you have posted to {{SITENAME}} has been removed or disabled, you
may file a counter notice pursuant to 17 U.S.C. '512 (g). To be effective, the
may file a counter notice pursuant to 17 U.S.C. '512 (g). To be effective, the
counter notice must be a written communication sent to the designated agent
counter notice must be a written communication sent to the designated agent
address listed above that includes the following:</p>
address listed above that includes the following:
<ol class="low-al">
<li>A physical or electronic signature of the subscriber;
<li>A physical or electronic signature of the subscriber;
<li>Identification of the material that has been removed or to which access
<li>Identification of the material that has been removed or to which access
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consent to the jurisdiction of Federal District Court for the judicial district in which
consent to the jurisdiction of Federal District Court for the judicial district in which
the address is located or, if your address is outside of the United States, for any
the address is located or, if your address is outside of the United States, for any
judicial district in which Sirius may be found, and that you will accept service of
judicial district in which Rocket may be found, and that you will accept service of
process from the person who provided notification under subsection 17 U.S.C.
process from the person who provided notification under subsection 17 U.S.C.
'512 (c)(1)(C) or an agent of such person.
'512 (c)(1)(C) or an agent of such person.
</ol>
</ol>
<h2>Modification and termination</h2>
 
Sirius reserves the right at any time and from time to time to modify or
==Modification and termination==
discontinue, temporarily or permanently, SirWiki (or any part thereof) with or
Rocket reserves the right at any time and from time to time to modify or
without notice. You agree that Sirius shall not be liable to you or to any third party
discontinue, temporarily or permanently, {{SITENAME}} (or any part thereof) with or
for any modification, suspension or discontinuance of SirWiki.
without notice. You agree that Rocket shall not be liable to you or to any third party
for any modification, suspension or discontinuance of {{SITENAME}}.
   
   
Sirius may change, add or remove any part of this Agreement, or any other terms
Rocket may change, add or remove any part of this Agreement, or any other terms
associated with the use of the site, at any time, by posting a notice of such
associated with the use of the site, at any time, by posting a notice of such
changes to the Terms of Use page of the web site. Any changes shall become
changes to the Terms of Use page of the web site. Any changes shall become
part of the Agreement and shall apply as soon as such a notice is posted. By
part of the Agreement and shall apply as soon as such a notice is posted. By
continuing to use SirWiki after the notice is posted, you are indicating your
continuing to use {{SITENAME}} after the notice is posted, you are indicating your
acceptance of those changes.
acceptance of those changes.
   
   
Sirius reserves the right to refuse or discontinue access to SirWiki by any user for
Rocket reserves the right to refuse or discontinue access to {{SITENAME}} by any user for
non-compliance with this Agreement.
non-compliance with this Agreement.
<h2>General</h2>
 
==General==
Except as otherwise expressly provided herein, this Agreement, including the
Except as otherwise expressly provided herein, this Agreement, including the
Privacy Policy and all other operating rules, policies and procedures that may be
[[Project:Privacy policy|Privacy policy]] and all other operating rules, policies and procedures that may be
published on SirWiki from time to time, sets forth the entire agreement between
published on {{SITENAME}} from time to time, sets forth the entire agreement between
you and Sirius regarding the use of SirWiki, and supersedes all prior promises,
you and Rocket regarding the use of {{SITENAME}}, and supersedes all prior promises,
agreements or representations, whether written or oral, regarding such subject
agreements or representations, whether written or oral, regarding such subject
matter.  This Agreement will be governed by and construed and enforced in
matter.  This Agreement will be governed by and construed and enforced in
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USA, without regard to its principles of conflicts of law.
USA, without regard to its principles of conflicts of law.
   
   
No delay or omission by Sirius in exercising any of its rights occurring upon any
No delay or omission by Rocket in exercising any of its rights occurring upon any
noncompliance or default by you with respect to any of the terms and conditions
noncompliance or default by you with respect to any of the terms and conditions
of this Agreement will impair any such right or be construed to be a waiver
of this Agreement will impair any such right or be construed to be a waiver
thereof, and a waiver by Sirius of any of the covenants, conditions or agreements
thereof, and a waiver by Rocket of any of the covenants, conditions or agreements
to be performed by you will not be construed to be a waiver of any succeeding
to be performed by you will not be construed to be a waiver of any succeeding
breach thereof or of any other covenant, condition or agreement hereof
breach thereof or of any other covenant, condition or agreement hereof
contained.  Any waiver of any right of Sirius under this Agreement must be given
contained.  Any waiver of any right of Rocket under this Agreement must be given
in writing and signed on behalf of Sirius to be enforceable.  If any provision of this
in writing and signed on behalf of Rocket to be enforceable.  If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid or
Agreement is found by a court of competent jurisdiction to be invalid or
unenforceable, then this Agreement will remain in full force and effect and will be
unenforceable, then this Agreement will remain in full force and effect and will be
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Your registration, this Agreement and your rights and obligations hereunder are
Your registration, this Agreement and your rights and obligations hereunder are
not assignable or transferable by you to any third party without the prior written
not assignable or transferable by you to any third party without the prior written
consent of Sirius.  We may assign this Agreement to any purchaser of the Sirius
consent of Rocket.  We may assign this Agreement to any purchaser of the Rocket
business.  This Agreement may be executed electronically, and your electronic
business.  This Agreement may be executed electronically, and your electronic
assent or use of the Service shall constitute execution of this Agreement.  You
assent or use of the Service shall constitute execution of this Agreement.  You
agree that the electronic text of this Agreement constitutes a writing and your
agree that the electronic text of this Agreement constitutes a writing and your
assent to the terms and conditions hereof constitutes a "signing" for all purposes.
assent to the terms and conditions hereof constitutes a "signing" for all purposes.
Email to your registered email address shall constitute effective notice by Sirius
Email to your registered email address shall constitute effective notice by Rocket
to you for all purposes under or in connection with this Agreement.
to you for all purposes under or in connection with this Agreement.
[[Category:Legal]]

Latest revision as of 16:48, 7 March 2013

M204wiki provides users with online access to Model 204 product documentation and a procedure to collaboratively contribute and edit product documentation content. m204wiki is owned and operated by Rocket Software, Inc. and its affiliates ("Rocket" or "we"). These Terms of Use ("Agreement") between you and Rocket set forth the terms on which we make m204wiki available to you, "You" meaning any person or entity who uses m204wiki and/or posts User Content to m204wiki. By using m204wiki and/or posting User Content you agree to be bound by the terms and conditions of this Agreement.

Proprietary materials and ownership

m204wiki is the property of Rocket. Without limitation of the foregoing, all the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than User Content as defined below (collectively, the "Site Content"), and all software embodied in m204wiki ("Software") is proprietary to us or to third parties and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content (collectively, the "Rocket Property") is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.

The marks Rocket and the Rocket Software logos are registered trademarks of Rocket Software, Inc. Other products and service names might be registered or unregistered trademarks of Rocket, and they may not be used in connection with any service or products other than those provided by Rocket, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Rocket. m204wiki may also feature the trademarks, service marks, and logos of Rocket or third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on m204wiki, will inure solely to the benefit of their respective owners.

License to use m204wiki

Rocket authorizes you to access, view and use m204wiki to further your understanding of Rocket products. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Rocket Property. Changing, copying, redistributing, republishing, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Rocket Property, or any portion of the Rocket Property, is strictly prohibited without the prior written permission of Rocket, unless this Agreement otherwise expressly allows you to do so.

You warrant and agree that your use of m204wiki will be consistent with this Agreement and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties. You will comply with all applicable laws, regulations and ordinances relating to m204wiki, the Rocket Property or your use of them, and in using m204wiki you will not engage in any conduct that restricts or inhibits any other person from using or enjoying m204wiki.

User Content

In connection with using m204wiki, you may be authorized to upload, post, or submit to m204wiki screenshots, text, graphics, and other materials and information (collectively, "User Content") pertinent to the purpose of m204wiki. The User Content remains your property, and Rocket does not claim any ownership of the copyright or other proprietary rights in such User Content. Notwithstanding the foregoing, you agree to all of these:

  1. You are publishing and making your User Content publicly available for viewing by third parties on a non-confidential basis, your User Content may be associated with your username and so will be attributable to you, third parties will gain access to your User Content through m204wiki, and Rocket shall in no event be liable to you for any use or misuse of your User Content by any third party;
  2. You grant Rocket a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense through multiple tiers, to copy, edit, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content in connection with operation of m204wiki, promotion of Rocket products and services, and any other purposes reasonably related to using m204wiki and participation in promotions and advertising of Rocket and its partners.
  3. All users of m204wiki have the right to access your User Content, and to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content for personal, non-commercial use.

Restrictions

You agree to not use m204wiki to do any of the following:

  1. Upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  3. Upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  4. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  5. Harm minors in any way;
  6. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. Interfere with or disrupt M204wiki or servers or networks connected to M204wiki, or disobey any requirements, procedures, policies or regulations of networks connected to m204wiki;
  8. Intentionally or unintentionally violate any applicable local, state, national or international law;
  9. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
  10. Collect or store personal data about other users.

You acknowledge that Rocket may or may not pre-screen User Content, but that Rocket shall have the right (but not the obligation) in its sole discretion for any reason to pre-screen, refuse, delete, or move any User Content that is available via m204wiki. Without limiting the foregoing, Rocket shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

Limitation of content accuracy

Insofar as m204wiki is a collaborative environment for documentation of Rocket products that contains edits and contributions of content by users of m204wiki other than Rocket, Rocket does not guarantee the accuracy, integrity or quality of m204wiki Content. Under no circumstances will Rocket be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via m204wiki.

Indemnity

You agree to indemnify and hold Rocket, and its officers, agents, co-branders or other partners, and employees, harmless from any claim, demand, action, suit, proceeding, liability, losses, damages, costs and expenses, including reasonable attorneys' fees, arising out of User Content you submit, post, transmit or make available through m204wiki, your use of m204wiki, your connection to m204wiki, your violation of this Agreement, or your violation of any rights of another.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF m204wiki IS AT YOUR SOLE RISK. m204wiki IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROCKET 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.
  2. ROCKET MAKES NO WARRANTY THAT (i) m204wiki WILL MEET YOUR REQUIREMENTS, (ii) m204wiki WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF m204wiki WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH m204wiki WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF m204wiki IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROCKET OR THROUGH OR FROM m204wiki SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  5. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY ROCKET AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROCKET SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROCKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE m204wiki; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM m204wiki; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON m204wiki; OR (v) ANY OTHER MATTER RELATING TO m204wiki.

Digital Millennium Copyright Act

Rocket complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. '512, as amended). If you have any complaints or objections to material posted on m204wiki you may contact our Designated Agent at the following address:

James Lapierre Rocket Software, Inc. 77 Fourth Avenue, Suite 100 Waltham, MA 02451 Telephone: 781 684 2267 Email: JLapierre@rocketsoftware.com

DMCA Takedown notice

Any notice alleging that materials hosted by or distributed through m204wiki infringe intellectual property rights must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of the material that you claim is infringing and where it is located on m204wiki;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the use of the materials on m204wiki of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

DMCA Counter-notice

If material that you have posted to m204wiki has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. '512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:

  1. A physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Rocket may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. '512 (c)(1)(C) or an agent of such person.

Modification and termination

Rocket reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, m204wiki (or any part thereof) with or without notice. You agree that Rocket shall not be liable to you or to any third party for any modification, suspension or discontinuance of m204wiki.

Rocket may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Use page of the web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use m204wiki after the notice is posted, you are indicating your acceptance of those changes.

Rocket reserves the right to refuse or discontinue access to m204wiki by any user for non-compliance with this Agreement.

General

Except as otherwise expressly provided herein, this Agreement, including the Privacy policy and all other operating rules, policies and procedures that may be published on m204wiki from time to time, sets forth the entire agreement between you and Rocket regarding the use of m204wiki, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. This Agreement will be governed by and construed and enforced in accordance with the substantive law of the Commonwealth of Massachusetts, USA, without regard to its principles of conflicts of law.

No delay or omission by Rocket in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Rocket of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. Any waiver of any right of Rocket under this Agreement must be given in writing and signed on behalf of Rocket to be enforceable. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

Your registration, this Agreement and your rights and obligations hereunder are not assignable or transferable by you to any third party without the prior written consent of Rocket. We may assign this Agreement to any purchaser of the Rocket business. This Agreement may be executed electronically, and your electronic assent or use of the Service shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes. Email to your registered email address shall constitute effective notice by Rocket to you for all purposes under or in connection with this Agreement.