Legal Notices

Legal Notices

JASPERFORGE.ORG SOFTWARE LICENSE AGREEMENT. BY ACCESSING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS OF THIS JASPERFORGE.ORG SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, USE OF JASPERFORGE.ORG IS STRICTLY PROHIBITED.

1.0 Description of Services
 
This JasperForge.org Software License (the “Agreement”) is between you as the customer (“You” or “Your”) and Jaspersoft Corporation (“Jaspersoft”) and governs the terms and conditions of your use of JasperForge.org (the “Software”) on the Jaspersoft website (the “Site”). The Software and all information, communications, documentation, scripting, images, graphics, and other materials and services found on the Site (collectively, the "Services") is for the use of authorized users of the Site only.

2.0 Grant of License

2.1 Use
Subject to the terms of this Agreement, Jaspersoft grants You a non-exclusive, non-transferable, and revocable license (the "License") to access and use the Services offered through the Site, including the Software.  Upon termination of this Agreement as set forth in Section 9, the License will terminate and You will cease to have access to or use of the Software or Services. Any rights not expressly granted by Jaspersoft in this Agreement are reserved to Jaspersoft.

3.0 Your Obligations

3.1 Acceptable Use Policy
You may only use the Site and the Services offered through the Site in accordance with Jaspersoft's acceptable use policy ("Use Policy"), as set forth in this Section 3.1. You are responsible for the content of any comments, information, questions, data, computer code, or programs, feedback, ideas, descriptions of processes, or other information submitted to and/or through the Site by You. You may only submit to the Site content that is: (i) owned by You, (ii) submitted with the express permission of the owner, or (iii) in the public domain. In addition, all material posted to the Site by You must be relevant to the specified project and must be in good taste as determined by common sense and the most restrictive community standards. The Site may not be used to:

upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

harm minors in any way;

impersonate any person or entity, including, but not limited to, any Jaspersoft official or employee, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with such person or entity;

upload, post or otherwise transmit any content that You do not have a right to transmit 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);

upload, post or otherwise transmit any content that violates any law or violates the personal, proprietary, or intellectual property rights or other rights of any third party;

upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

upload, post or otherwise transmit 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;

interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

"stalk" or otherwise harass another;

collect or store personal data about other users; or

promote or provide instructional information about illegal activities, or promote physical harm or injury against any group or individual. This may include, but is not limited to, providing instructions on how to assemble bombs and other weapons.

In addition, You shall maintain as confidential any assigned username and passwords, which shall not be distributed or disclosed to others. 

You may not:  (i) use the Site, Services, or Software on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity, except as expressly permitted by this Agreement; (ii) alter, enhance, or make derivative works of the Site, Services, or Software; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Site, Services, or Software; (iv) use, or allow the use of, the Site, Services, or Software for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (v) intentionally introduce in or to the Site, Services, or Software any virus or  implement a denial of service attack or introduce or implement any  other code or routine which results in intentional disruption or damage to the Site, Services, or Software, alter, damage or delete any data or retrieve or record information about the Site, Services, or Software or its uses; and (vi) act in a fraudulent, tortious, malicious, or negligent manner when using the Site, Services, or Software. 

Failure to abide by any of the foregoing constitutes a material breach of this Agreement and grounds for termination.
Jaspersoft does not prescreen content that is posted to the Site; however, Jaspersoft reserves the right to remove any content that fails to meet the foregoing Use Policy and to revoke Your account. Jaspersoft further reserves the right to investigate complaints or reported violations of this Use Policy, and to take any appropriate action, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such person or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. To comment on this Use Policy or to report material or conduct that You believe is inappropriate, please contact info@jasperforge.org.
 
3.2 Representations and Warranties
By accepting this Agreement, You represent and warrant: i) that You are at least 18 years of age and are an authorized representative of the organization or entity You purport to represent, ii) Your Content does not and will not contain any content or materials that infringe on or violate any applicable law, regulation or right (including but not limited to intellectual property rights) of any third party, and iii) You own the Content or otherwise have a right to use the Content and place the Content on the Site.

3.3 Compliance with Laws
You agree to comply with all applicable laws and regulations of the United States and foreign authorities, including, without limitation, laws regarding the transmission of technical data, such as encryption, exported from the United States or from the country in which You reside. You agree not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary authorizations. Neither the Software nor the underlying information or technology may be downloaded or otherwise exported or re-exported (i) to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country subject to United States trade sanctions applicable to the Software or Services, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to any named party or individual on the U.S. Department of Treasury, Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, and/or the U.S. Department of Commerce, Bureau of Export Administration Denied Persons List or Entity List. By using the Services, You agree to the foregoing and represent and warrant that you comply with these conditions.

4.0 Registration Data and Privacy
Registration is required for You to use the Services. You must provide certain current, complete, and accurate information about yourself as prompted to do so by the registration form ("Registration Data"), and maintain and update such Registration Data as required to keep such information current, complete and accurate. As the person responsible for completing the Registration Data, You will be designated the account administrator and will be the only person able to submit changes on behalf of Your user base and the only person able to add or delete users. You warrant that the Registration Data is accurate and current, and that You are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that You provide is untrue, inaccurate, not current or incomplete, Jaspersoft retains the right, in its sole discretion, to suspend or terminate Your rights to use the Services. The Registration Data that You provide is subject to the Jaspersoft Privacy Policy.

5.0 Trademarks
Jaspersoft, the Jaspersoft logo, JasperReports, the JasperReports logo, JasperAnalysis, JasperETL, iReport, JasperStudio, Jaspersoft BI Suite, and JasperServer are trademarks and/or registered trademarks and/or service marks of Jaspersoft Corporation  (the "Jaspersoft Marks") in the United States and other countries. You are not granted any license, right, or other interest in any Jaspersoft Marks. You agree not to display or use the Jaspersoft Marks in any manner without Jaspersoft's prior written permission.

6.0 U.S. Government Restricted Rights
The Software, including any related documentation, is provided with restricted rights for U.S. Government users. Use, reproduction, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 12.212 (Commercial Computer Software) and DFAR 227.7202 (Rights in Computer Software and Computer Software Documentation), as applicable.

7.0 Security
Your data, documents and code hosted in the system (collectively “Data”) and the Software will be hosted on a shared server. While other Software users will be able to access their Data on the shared server, Jaspersoft will use reasonable efforts to provide industry standard security so that these other users will not be allowed or able to access Your Data and You will not be allowed or able to access the Data of the other users. You agree that the security of Data transmissions over third-party communication lines is not the responsibility of Jaspersoft.

8.0 Disclaimer of Warranties; Limitation of Liability & Indemnity

8.1 Disclaimer of Warranties
EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, ALL SERVICES ARE PROVIDED “AS IS” AND JASPERSOFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE SOFTWARE, THE SITE, OR THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JASPERSOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE SERVICES AVAILABLE ON THE SITE. WITHOUT LIMITING THE FOREGOING, JASPERSOFT MAKES NO WARRANTY THAT: (i) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (iv) THE CONTENT OR INFORMATION AVAILABLE ON THE SITE IS COMPLETE, ACCURATE OR AVAILABLE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM JASPERSOFT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

8.2 Limitation of Liability
Jaspersoft AND ITS RESPECTIVE SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS, LICENSORS, SUPPLIERS, OFFICERS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SERVICES, SITE, OR SOFTWARE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY 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 JASPERSOFT IN CONNECTION WITH THE SERVICES IS TERMINATE YOUR USE OF THE SERVICES, WITHOUT ANY FURTHER LIABILITY HEREUNDER.

8.3 Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8.1 AND 8.2 MAY NOT APPLY TO YOU.

8.4 Indemnity
You shall indemnify, defend, and hold harmless Jaspersoft and its respective shareholders, affiliates, employees, agents, successors, officers, licensors, suppliers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur as a result of: (i) Your uncured breach of this Agreement, (ii) infringement or misappropriation of any intellectual property rights of any kind or nature including, but not limited to, rights of privacy, patent, copyright, trade secret, or trade mark rights.

9.0 Termination
This Agreement will commence when You register on JasperForge.org and will remain in effect until terminated in accordance with this Section 9. You may cancel this Agreement at any time by sending an e-mail to info@jasperforge.org. You agree that Jaspersoft may, at its sole discretion, deny You access to the Site and disable any user name and password associated with You for any reason, including, without limitation, if Jaspersoft believes that You have violated or acted inconsistently with the terms and conditions of this Agreement. Jaspersoft reserves the right at any time and from time to time to modify or discontinue, temporarily, or permanently, the Services offered through the Site (or any part of the Site) with or without notice. Except as otherwise set forth in this Agreement, You agree that Jaspersoft shall not be liable to You or to any third-party for any modification, suspension or discontinuance of the Services.

10.0 Notice
Notices to You may be made via e-mail. Jaspersoft may also provide notices to You by displaying notices or links to notices on the Site.

11.0 General Provisions

11.1 Governing Law, Jurisdiction, and Venue
The Site (excluding any linked third party sites) is controlled by Jaspersoft from its offices within the State of California, United States of America. The parties agree that the laws of the State of California, without regard to its conflicts of laws principles, shall govern all matters relating to access to, or use of, the Site and the Software and Services available through the Site. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. The parties agree that any action brought by either party to enforce or interpret any provision of the Agreement shall be brought exclusively in an appropriate state court in San Francisco County or in the United States District Court for the Northern District of California in San Francisco. The parties hereby irrevocably consent to such jurisdiction and waive any objection to such venue. Jaspersoft makes no representation that the Site is appropriate or available for use in other locations, and accessing the Site from territories where its contents are illegal is prohibited. Those who choose to access the Site from other locations do so upon their own initiative and are responsible for compliance with local laws.

11.2 Force Majeure
No party shall be responsible for any delays caused by acts of God or any other cause beyond its reasonable control, including but not limited to such things as strikes, riots, acts of war or terrorism, restricting legislation, embargo, blockage, work stoppage, major outage of a public communications carrier, etc. Any delay caused by one party to this Agreement which affects any other party's ability to perform according to the terms of the Agreement shall extend the non-delaying party's obligation to perform by the same number of days by which the delaying party delayed in performing its obligations.

11.3 Severability / Waiver
Each provision of the Agreement is severable; if any provision is declared void, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. No delay, omission, or failure to exercise any right or remedy provided for in the Agreement shall be deemed to be a waiver of that right or remedy.

11.4 Third-Party Beneficiaries; Assignment
This Agreement is intended for the sole and exclusive benefit of You and Jaspersoft and is not intended to benefit any third-parties, except Jaspersoft's licensors and suppliers. You may not assign or transfer any of Your rights under this Agreement without the prior written consent of a duly authorized representative of Jaspersoft. Jaspersoft may assign this Agreement in its sole discretion without Your consent.

11.5 Entire Agreement / Survival
The Agreement constitutes the entire agreement between Jaspersoft, on the one hand, and You, on the other, with respect to use of the Services and supersedes all prior agreements or previous discussions (written or oral) between the parties including, but not limited to, any earlier versions of the Agreement posted on the Site. The Agreement has been written in the English language and, in the event of any conflict or inconsistency between the English-language version and any translation of this Agreement, the English language version shall prevail. The Agreement may be modified at any time by Jaspersoft and Jaspersoft will post the new Agreement on the Site in the same location the previous Agreement was posted. Any provision in the Agreement that may reasonably be interpreted as being intended by the parties to survive the termination or expiration of the Agreement shall survive any such termination or expiration.