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Terms of Use

IMPORTANT: PLEASE READ ALL OF THE PROVISIONS OF THESE TERMS OF USE. BY CLICKING ON THE "AGREE" OR "YES" BUTTON OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT CLICK THE "AGREE", OR "YES" BUTTONS OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE.

Welcome to www.openspaces.org (the "Site"), an online community administered by GigaSpaces Technology Ltd. ("GigaSpaces" or "We" or "Us" or "Our") for developers who wish to contribute to the OpenSpaces development framework and its extensions ("OpenSpaces") through your involvement in one of the development projects on the Site (each, a "Project"), all as detailed in these terms of use (the "Terms").

GigaSpaces offers the Site to you ("You" or "Your"), provided that You are of legal age to create binding contractual and financial obligations for any liability that You may incur as a result of Your use of the Site. Please read the following Terms carefully before using this Site and/or any of its applications, so that You are aware of Your legal rights and obligations with respect to GigaSpaces. If You do not agree to these Terms, then You are not granted rights to use the Site, and You must refrain from accessing the Site.

Pursuant to these Terms, GigaSpaces allows You to: ( i) download any extensions, plug-ins, applications and/or other code (together "Applications") available in any Project on the Site; (ii) become a Community Member (as defined below) and participate in forum discussions; (iii) apply to participate and contribute to any Project as a Project Contributor (as defined below); (iv) apply to become a Project Owner (as defined below) and receive Your own Project homepage on the Site ("Project Homepage") on which You may develop and post Your own Applications; and (v) view the online directory of all Applications of all Projects on the Site (the "Online Directory").

Except as otherwise set in these Terms or in the Contributor/Project Owner Guidelines, the OpenSpaces.org administrator (the "Site Admin") is responsible for all administration of the Site, including making all final decisions on approving Projects, adding Projects and promoting Community Members to Project Owners. Each Project Owner is responsible for all administration on its Project Homepage as well as for all relevant resources.

We urge You to read these Terms in their entirety to gain a more complete understanding of the details of the use policies, limitations and risks. Any violation of these Terms may result in the suspension or termination of Your ability to use the Site or otherwise participate in the OpenSpaces community. We reserve the right to modify these Terms at any time, by posting an amendment thereof on the Site. Your use of the Site following any such amendment will signify Your acceptance of its revised terms of use.

Registration
In order to become a Community Member, Project Contributor or a Project Owner, You are required to register and obtain a user account with openspaces.org, as detailed below. No registration is required if You only use and/or download Applications from the Site, as a Guest (as defined below).

When registering, You must: (a) provide true, accurate, current and complete information (collectively, the "Private Information") and (b) update the Private Information as necessary. If, after investigation, We have reasonable grounds to suspect that Your information is untrue, inaccurate, not current or incomplete, We may suspend or terminate Your account and prohibit any or all use of the Site by You.

You will receive an account designation upon completing the registration process and choosing Your user name and password. You are responsible for maintaining the confidentiality of Your password and for all activities that occur through Your account. You agree to notify the Site Admin immediately of any unauthorized use of Your password or account or any other breach of security. GigaSpaces will not be liable for any loss or damage arising from Your failure to provide accurate information or to keep Your password secure. GigaSpaces' treatment of Your Private Information is subject to the GigaSpaces OpenSpaces privacy policy at "Privacy Policy".

Use by Guests of Applications posted on the Site
You may enter the Site as a guest ("Guest"). As a Guest on the Site, You are allowed to: ( i) view the Online Directory and read Project documentation; (ii) read Project forums (but You are not allowed to post in forums); (iii) download Applications developed in Projects (via project pages) and install them for free; (iv) view issues in the OpenSpaces support system; and (v) view open Project proposals.

Your use of any and all Applications You download or install from the Site will be governed by the terms and conditions of the license selected by the relevant Project Owner and posted on his Project Homepage. Please read the license terms posted on such Project Homepage carefully before using or downloading any Application from the Site.

TO VIEW THE RELEVANT PROJECT LICENSE PLEASE VISIT THE RELEVANT PROJECT HOMEPAGE. YOU MAY ACCESS SUCH HOMEPAGE FROM THE PROJECT DIRECTORY

There is no need for You to register as a Guest to the Site. However, in the event that You would like to participate in forums, make a contribution to any of the Applications on the Site in any Project or become a Project Owner, You will need to register to the Site and provide certain information to Us.

Become A Community Member
In order to become a Community Member ("Community Member"), You should sign up for a user account on the Site.

As a Community Member You may: ( i) post text reviews (each, a "Review") of Applications that You have used or downloaded with the Site, from any Project; (ii) participate in Project forums; (iii) post issues to OpenSpaces support system; (iv) discuss new Project proposals; and (v) do anything a Guest is permitted to do pursuant to these Terms.

Posting content unrelated to a Review of the relevant Application is prohibited. In order for Reviews to be useful to other users, they must be made in good faith after reasonable evaluation of the full Application. If You post a Review of Your own Application or of a competitor's Application, You must disclose Your affiliation.

Any Project Owner, reserves the right in its sole discretion and for any reason at any time, to remove or edit any post in text that You make on that Project Owner's Homepage, including all Reviews (collectively "Posts"). In addition, the Site Admin reserves the right, in its sole discretion and for any reason at any time, to remove or edit any Post made on any Project Owner's Homepage on the Site.

Posts may not contain content that: ( i) is inconsistent with the permissible uses contemplated by these Terms; (ii) is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, obscene, or otherwise offensive or objectionable; (iii) is false, fraudulent or misleading; (iv) violates applicable law, including any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity; (v) constitutes advertising or any other form of commercial solicitation; or (vi) impersonates any other person or entity, including a GigaSpaces employee.

You hereby grant any relevant Project Owner a nonexclusive, worldwide, irrevocable, perpetual, transferable (only to a successor of GigaSpaces by way of merger, acquisition or corporate reorganization, if relevant), fully paid-up, royalty-free to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display such Posts (in whole or in part) and to incorporate such Posts into other works in any format or medium now known or later developed and to permit others to do so.

Become a Project Contributor
You are encouraged to submit Applications to any Project on the Site.

In order to become a Project contributor ("Project Contributor"), You should sign up for a user account, and follow the "Contributor Guidelines". You must assent to the terms and conditions of the Project Contributor Agreement prior to joining any Project.

As a Project Contributor You may: ( i) submit Applications for the relevant Project Owner's review; (ii) edit Project wiki pages (Your projects only); (iii) commit to subversion repository (for Your projects); and (iv) do anything a Community Member is permitted to do pursuant to these Terms.

You may find details regarding how to submit Applications for review on the relevant Project Owner's Homepage. The Project Owner reserves the right, in its sole discretion, at any time and for any reason, to refuse to post any Application, or to suspend or remove, any Application posted on the relevant Project Homepage on the Site.

You represent that You are legally entitled to submit Your Application. To the extent that such Application is owned by any third party, including Your employer, or such third party has rights in the Application You are submitting for posting, You represent that You are authorized by such third party to submit Your Application for posting, according to these Terms and to the terms and conditions of the Project Contributor Agreement.

You acknowedge that in the event You apply to join a Project as a Project Contributor or otherwise, the relevant Project Owner will receive Your Private Information that you provide to GigaSpaces and may also require You to provide to such Project Owner additional personal information ("Additional Private Information"). Your further acknowledge that GigaSpaces does not control, and therefore does not take responsibility for, a Project Owner's (other than GigaSpaces) use or misuse of Your Private Information or Additional Private Information. Subject to the foregoing, if GigaSpaces has actual knowledge that a Project Owner is in violation of GigaSpace's Privacy Policy, GigaSpaces will take appropriate steps to inform the Project Owner of this violation and appropriate action in respect of that non-compliance, as GigaSpaces determines in its sole discretion.

Accordingly, You hereby agree not to hold GigaSpaces liable for any misuse of Your Private Information and/or Additional Private Information by any Project Owner (other than GigaSpaces) and You hereby waive any and all claims You may have against GigaSpaces with respect to such use (or misuse) of Your Private Information and/or Additional Private Information.

In consideration for GigaSpaces' development and operation of the Site, You agree to the following:

  1. You represent and warrant that You own or otherwise possess all intellectual property and other rights necessary to allow You to submit, and possibly post Your Application on the Site, and to assign all rights in Your Application to the Project Owner, in accordance with the terms and conditions of the Project Contributor Agreement.
  2. You represent and warrant that the submission of Your Application does not violate any copyrights, contract rights or any other rights of any third party.
  3. You waive any intellectual property or other claims You may have now or in the future against GigaSpaces relating to the operation of the Site or the offering by GigaSpaces of other parties' Applications on the Site.
  4. You acknowledge that GigaSpaces and/or other parties may develop and post Applications on the Site that are similar to or otherwise compete with Your Application, and You agree not to make any copyright infringement claims against GigaSpaces related to its development and offering of such Applications on the Site.
  5. Your Application does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content, including spyware.

Become a Project Owner
In order to become a project owner (a "Project Owner") on the Site, You should sign up for a user account and follow the Project Owner Guidelines.

As a Project Owner, You may: ( i) post Your own Applications on Your Project Homepage; (ii) accept users as Project Contributors in Your Project by promoting them from a Community Member to a Project Contributor; (iii) accept Applications of such Project Contributors, which You may review and determine whether or not to post on Your Project Homepage pursuant to these Terms; (iv) moderate the Project forum; (v) administrate the Project tools, such as JIRA and Bamboo (owned Projects only); and (vi) do anything a Project Contributor is permitted to do pursuant to these Terms. As a Project Owner You are responsible for the administration of Your Project Homepage.

Pursuant to the terms and conditions of the Project Contributor Agreement, Project Contributors assign their rights in and to their contributions to the Project Owner. As the Project Owner, You must license to any and all users of the Site all Applications on Your Project Homepage for free, pursuant to a license of Your choice. You will be asked to choose the license You wish to use once You apply to become a Project Owner. The Site Admin has the sole discretion in approving the license of Your choice. YOU MUST POST SUCH LICENSE ON YOUR PROJECT HOMEPAGE IN A PROMINENT LOCATION.

Applications or Contributions made to Project Owners as well as any Applications made by a Project Owner itself that are licensed to Community Members pursuant to any license other than the Apache license 2.0 will be disqualified for consideration as a possible extension to the GigaSpaces products.

As a Project Owner, you represent and warrant that you have read and reviewed the terms of the Project Contributor Agreement and agree to be legally bound by the terms and conditions of that agreement, when and as accepted and agreed by any Project Contributor. You must accept and agree to this Project Contributor Agreement by checking the tick box in the New Project form. In addition, You represent and warrant that You will accept any and all users as Project Contributors in Your Project only pursuant to the acceptance process described in the Project Owner Guidelines and only after having the prospective Project Contributor first accept and agree to the terms and conditions of such Project Contributor Agreement.

As a Project Owner, You must comply with the terms of the OpenSpaces.org privacy policy and apply it when You receive Private Information or any Additional Private Information of Community Members, including Project Contributors, who visit Your Project Homepage.

As a Project Owner, You represent and warrant that You will not misuse any Private Information and/or Additional Private Information of any Community Members, including Project Contributors, and that You will not use such information for any purpose other than for the purpose of properly administering Your Project. GigaSpaces is not liable for any misuse by You or those under Your control, of any Community Member's (including but not limited to any Project Contributor's) Private Information and/or Additional Private Information.

You agree to indemnify and hold GigaSpaces and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, including reasonable attorney's fees, made by any Community Member arising out of or relating to Your misuse of Private Information and/or other personal information provided by such Community Members on Your Project Homepage.

Trademarks
The trademarks, trade names, service marks, and logos set forth in Exhibit A, used on the Site are owned by GigaSpaces and may not be used in any manner without GigaSpaces' express prior written consent.

Enforcement
GigaSpaces reserves the right (but does not undertake the obligation) in its sole discretion to: (a) monitor the Site for violations of these Terms, (b) take appropriate legal action against anyone who, in GigaSpaces's sole discretion, violates these Terms, including, without limitation, reporting You to law enforcement authorities; (c) refuse, restrict access to or the availability of, or disable (to the extent technologically feasible) any user's Application or any portion thereof that may violate these Terms; (d) terminate the accounts of repeat infringers; and (e) otherwise manage the Site in a manner designed to protect the rights and property of GigaSpaces and others and to facilitate the proper functioning of the Site.

Deliberate attempts by You or someone on Your behalf to evade or circumvent the suspension or termination of Your rights to use the Site violates these Terms, constitutes an unlawful trespass to GigaSpaces' equipment and systems, and may result in legal action.

GigaSpaces may release information concerning Your use of the Site (including posted content, Posts, Applications, Registration Data, and network records) in order to: ( i) comply with the law; (ii) enforce or apply these Terms; (iii) protect GigaSpaces' rights or property; (iv) protect against fraudulent, abusive or unlawful use of the Site; or (v) if GigaSpaces reasonably believes that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure.

To report violations of these Terms, please email admin@openspaces.org with appropriate details, including Your contact information.

Indemnification, Disclaimer of Warranties
You agree to indemnify and hold GigaSpaces and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, including reasonable attorneys fees, made by any third party arising out of or relating to Applications You submit to or post on the Site, Your use of the Site, Your violation of these Terms or Your violation of any rights of any third party.

ALL SERVICES, INFORMATION, APPLICATIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE, IF ANY, ARE PROVIDED "AS IS" AND "AS AVAILABLE". YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING UPON APPLICATIONS AND CONTENT ON THE SITE. GIGASPACES DOES NOT IN ANY WAY WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT, OR QUALITY OF ANY APPLICATIONS OR CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATED THAT CONTENT (INCLUDING GIGASPACES EMPLOYEES, PARTNERS, AFFILIATES OR MODERATORS) AND REGARDLESS OF WHETHER OR NOT IT WAS REVIEWED AND/OR MODERATED BY GIGASPACES, AND HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO SUCH APPLICATIONS OR CONTENT. GIGASPACES SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, RELATING TO YOUR USE OF OR RELIANCE UPON ANY APPLICATION OR CONTENT ON THE SITE.

You agree that GigaSpaces has no responsibility or liability for the deletion or failure to store any Application on the Site. GigaSpaces will use reasonable efforts to back up Site data and make such data available. In the event of loss or deletion, GigaSpaces has no responsibility or liability for the deletion or failure to store any Applications maintained or transmitted on the Site.

If You have questions or comments about these Terms or the Site, please contact GigaSpaces via the "Contact" link on the home page.

EXHIBIT A
TRADEMARKS, SERVICES MARKS AND LOGOS OF GIGASPACES

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