Terms of Use

Welcome to the CollabNet, Inc. website (the "Site"). Please read these terms of use (the "Terms") carefully before using the Site. By accessing, using or downloading any information or materials on the Site, you accept these Terms. If you do not accept these Terms, do not use the Site.

CollabNet, Inc. ("CollabNet") may modify all or any part of these Terms from time to time without notice to you. You should check back often so you are aware of your current rights and responsibilities. Your continued use of this Site after changes to the Terms have been published constitutes your binding acceptance of the updated Terms. If at any time the Terms are no longer acceptable to you, you should immediately cease all use of this Site.

Use of Site Information

CollabNet either owns the intellectual property rights in the HTML, text, images audio, video, software or other content in a variety of media that is made available on this Site, or has obtained the permission of the owner of the intellectual property to make it available on this Site. Except as set forth below or as specifically authorized in other sections of this Site, CollabNet strictly prohibits redistributing or copying of any part of this Site or content on this Site without written permission from CollabNet. CollabNet authorizes you to display on your computer, download and print pages from this Site provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal, educational and non-commercial use, and (d) you do not redistribute or copy the information to any other media. CollabNet and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Procedure for Making Copyright Infringement Claims found at https://www.collab.net/copyright.html.

Software Use

Any software ("Software") that is made available to you to download from this Site is the copyrighted work of CollabNet and/or third parties. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement, unless you first agree to the terms of the License Agreement.

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED.

Privacy

Your use of this Site and CollabNet's use of your personal information is governed by CollabNet's privacy policy, which can be found at https://www.collab.net/privacy.html.

Trademarks

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of CollabNet or other third parties. You are not permitted to use these Marks without the prior written consent of CollabNet or such third party which may own the Mark. Please see the CollabNet Trademark Guidelines and Policies at http://www.collab./copyright.

Linking and Downloads

The Site contains (or you may be sent through the Site to) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties in a variety of media (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by CollabNet, and CollabNet is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Sites or any Third Party Content does not imply approval or endorsement thereof by CollabNet. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.

Rules of Conduct

Your use of this Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this Site is a violation of criminal and civil laws. CollabNet reserves the right to seek damages from any such person to the fullest extent permitted by law.

In addition, you agree not to post or transmit through this Site any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on this Site that restricts or inhibits any other user from using or enjoying this Site by "hacking", "cracking", "spoofing", or defacing any portions of this Site.

You may not post or transmit through this Site advertising or commercial solicitations; promotional materials relating to website or online services; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this Site or its contents. You may not harvest or collect information about Site visitors without their express written consent.

Registration Data

If you are required to complete a registration process to enter a portion of the Site, you agree (i) to provide CollabNet with accurate, complete and current information; (ii) to update your information to keep it accurate, complete and current; and (iii) to comply with these Terms. Failure to provide accurate information constitutes a breach of these Terms, which may result in immediate termination of your right to access this Site or any portion thereof.

You may not select a user name that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. CollabNet reserves the right to reject any user name in our sole discretion.

You agree not to sell or transfer your use of or access to this Site or permit anyone else whose account was suspended or terminated to use this Site through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify CollabNet of any unauthorized use of your account or any other breach of security. CollabNet will not be liable for any loss you incur as a result of someone else using your password and account with, or without, your permission.

Monitoring

CollabNet has the right, but not the obligation, to monitor the content of this Site to determine compliance with these Terms and any other operating rules established by CollabNet. CollabNet has the right in our sole discretion to pre-screen, review, flag, filter, modify, refuse or remove any material submitted to or posted on this Site that we find to be in violation of these Terms of Use or is otherwise objectionable, or to revoke the rights of any registered user. You are solely responsible for any information you post, transmit or otherwise make available on this Site. You acknowledge and agree that CollabNet does not have any liability for any action or inaction with respect to any conduct, communication or posting on this Site.

Rights in Your Content

By displaying, publishing and making available for download and use by others any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials ("Your Content"), you give CollabNet a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute Your Content which you submit, post or display on or through the Site. You agree that this license includes a right for CollabNet to make Your Content available to other companies, organizations or individuals with whom CollabNet has relationships for the provision of services, and to use Your Content in connection with the provision of those services. You understand that CollabNet may (a) transmit or distribute Your Content over various public networks and in various media; and (b) make such changes to Your Content as are necessary to conform and adapt Your Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit CollabNet to take these actions. You confirm and warrant to CollabNet that you have all the rights, power and authority necessary to grant the above license.

Feedback

Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information ("Feedback") that you provide to us shall not be regarded as confidential. CollabNet has no obligation of any kind with respect to any Feedback. CollabNet shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, CollabNet shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques.

Export Control

By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. CollabNet makes no claim that content contained on this Site is appropriate or may be downloaded outside the United States. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country’s jurisdiction.

Indemnification

Any person or corporation submitting content to this Site agrees to defend, indemnify and hold CollabNet and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of such submitted content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such content, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by CollabNet prior to publishing on the Site.

Disclaimer

THIS SITE AND ALL CONTENT, SOFTWARE OR OTHER MATERIAL (COLLECTIVELY "MATERIAL") OR SERVICES AVAILABLE AT THIS SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FROM COLLABNET AND ITS AFFILIATES AND CONTENT PROVIDERS. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY REPONSIBLE FOR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.

EXCEPT AS MAY BE EXPRESSLY WARRANTED IN A LICENSE AGREEMENT OR OTHER AGREEMENT, COLLABNET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MATERIAL OR SERVICES AVAILABLE AT THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COLLABNET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE MATERIAL OR SERVICES AVAILABLE AT THIS SITE. WITHOUT LIMITING THE FOREGOING, COLLABNET MAKES NO WARRANTY THAT (i) THE MATERIAL OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE MATERIAL OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS OR SERVICES WILL BE ACCURATE OR RELIABLE.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM COLLABNET OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COLLABNET SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT YOUR USE OF THIS SITE OR THE MATERIAL OR SERVICES AVAILABLE AT THIS SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT IT HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COLLABNET IN CONNECTION WITH THIS SITE IS TO CEASE YOUR USE OF THIS SITE.

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Jurisdiction

These Terms and all claims relating to the relationship between the parties are governed by the Federal laws and the laws of the State of California, U.S.A. without regard to choice of law provisions. Any action brought to enforce or interpret any provision of these Terms shall be brought exclusively in an appropriate state court in San Mateo County or in the United States District Court for the Northern District of California in San Francisco.

If one or more of the provisions contained in these Terms is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

Translation

Whenever CollabNet has provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms will govern your relationship with CollabNet.

The Terms were last amended on March 28, 2012.