REPOSITORY TERMS OF USE
Updated: Tuesday, June 14, 2022 - 09:00 GMT
1. Your Acceptance of these Terms
BY UPLOADING, DOWNLOADING, INSTALLING, OR USING ANY OF THE ASSETS IN THIS REPOSITORY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS DOCUMENT. THE TERMS HEREOF APPLY TO YOU WHETHER YOU ARE A REGISTERED USER OR A VISITOR USING THE REPOSITORY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE REPOSITORY OR ANY ASSETS.
2. Definitions
“Asset(s):” information contained within the Repository and made available for download, installation, or other use by others, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials. Assets may be OutSystems-generated or generated by Repository users or other third parties.
“Intellectual Property:” any patents, patent rights, design rights, copyrights, database rights, trade secrets, know-how, trademarks, trade names, service marks and other intellectual property embodied therein, and all applications and rights to apply for registration or protection rights pertaining thereto, in existence at the date hereof or created in the future. Rights regarding Intellectual Property shall be referred to as “Intellectual Property Rights.”
“OutSystems:” the OutSystems group of companies, its directors, subsidiaries, contractors, licensors, officers, agents, and employees, as well as its legal successors.
“Repository:” the OutSystems asset repository associated with Your OutSystems offering and all OutSystems-generated Assets, services, and products therein. Depending on your offering, the Repository may be located at https://www.outsystems.com/forge/ or may be accessible via Your offering-specific portal or link. The Repository is not Software as defined by the OutSystems Master Subscription Agreement or End User License Agreement. These Terms govern Your use of the Repository.
“Supported Assets:” Assets that are specifically designated within the Repository as supported by OutSystems.
“Terms:” all the terms, conditions, and notices contained or referenced in this document and all other operating rules, policies, and procedures that OutSystems may publish from time to time. These Terms are in addition to any other contract governing Your use of an OutSystems offering.
“You” and “Your”: the individual person, company, or organization that has visited or is using the Repository.
3. Rights and Licenses
3.1 OutSystems retains ownership of all Intellectual Property Rights of any kind related to the Repository and reserves all rights that are not expressly granted to You under these Terms.
3.2 You retain ownership of and responsibility for Assets that You have uploaded or otherwise submitted to the Repository (“Your Assets”).
3.3 You represent and warrant that You have all the rights and licenses to post Assets and make them available to third parties and are not violating any applicable laws by submitting or publishing Assets.
3.4 By submitting Assets, you grant OutSystems a perpetual, royalty-free, worldwide, unencumbered license to copy, store, archive, parse, publicly display, sublicense, distribute and make available each Asset as necessary to provide access to and use of the Assets within the Repository or to otherwise operate the Repository, including improving the Repository over time.
3.5 Unless explicitly indicated otherwise during submission, by submitting Assets, you grant an irrevocable BSD-3 license (https://opensource.org/licenses/BSD-3-Clause) to Your Assets in favor of anyone using the Repository.
3.6 The licenses granted under paragraphs 3.4. and 3.5. apply to all Intellectual Property Rights in Your Assets.
3.7 You retain all moral rights to Your Assets that you upload, publish, or submit to any part of the Repository. To the extent permitted under applicable law, You waive these rights and agree not to assert them against OutSystems.
3.8 OutSystems will be free to use, irrevocably, in perpetuity and for any purpose, all suggestions, ideas and/or feedback provided by You.
3.9 If you download, install, or use an unmodified Supported Asset and You are entitled to support pursuant to a subscription with OutSystems, OutSystems will provide support for such unmodified Supported Asset in accordance with Your subscription. OutSystems may discontinue support for any Supported Asset in its sole discretion and without notice. OutSystems is not required to support any Assets that are not designated as Supported Assets.
4. Your Duties
4.1 You are solely responsible for the accuracy, quality, content, and legality of Your Assets.
4.2 You shall comply with all applicable laws, contractual duties, or third-party terms or privacy policies, including without limitation all applicable anti-corruption laws, anti-money laundering laws, antitrust laws, economic sanctions laws, export control laws, data protection and data privacy laws, and modern slavery and human trafficking laws.
4.3 You will not: (a) use the Repository to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights; (b) use the Repository to store or transmit code, files, scripts, agents, or programs intended to do harm, including, for example, computer viruses, worms, Trojan horses, logic bombs, spyware, adware, and backdoor programs; (c) interfere with or disrupt the integrity or performance of the Repository; (d) attempt to gain unauthorized access to any Assets, software, systems, or networks; (e) use the Assets or Repository for any activities where use or failure of the Assets or Repository could lead to death, personal injury, or environmental damage, including in life support systems, emergency services, nuclear facilities, autonomous vehicles, or air traffic control (f) use the Assets or Repository in contravention to any applicable laws, contracts or regulations.
4.4 OutSystems may, in its sole discretion, remove any Asset if it violates any laws or its terms or policies, and suspend or revoke Your access to the Repository for the same reasons.
4.4 If You believe that an Asset violates your copyright or is otherwise illegal, please contact OutSystems in accordance with its Notice and Takedown Policy, available at www.outsystems.com/legal/notice-takedown-policy
5. Warranty Disclaimers, Liability, and Indemnification
5.1 OUTSYSTEMS DOES NOT WARRANT THAT THE REPOSITORY WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION, AND/OR ASSETS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUTSYSTEMS PROVIDES THE REPOSITORY AND ACCESS TO ASSETS “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. OUTSYSTEMS SHALL NOT BE RESPONSIBLE FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS, AND OWNERSHIP OF ANY ASSETS POSTED OR USED BY YOU.
5.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUTSYSTEMS WILL NOT BE LIABLE FOR ANY LOSS OF USE OR ACCESSIBILITY OF THE REPOSITORY OR ASSETS, LOSS OF DATA OR DATA USE, LOST PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, LOSS OF GOODWILL, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE REPOSITORY, ANY OTHER USER INTERACTIONS THAT YOU INPUT OR RECEIVE THROUGH YOUR USE OF THE REPOSITORY, CLAIMS OF THIRD PARTIES, OR ANY OTHER MATTER RELATING TO THE REPOSITORY; OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND RELATED TO THE ABOVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
5.3 TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, OUTSYSTEMS TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO PROVEN DIRECT DAMAGES AND SHALL NOT EXCEED USD 500 (FIVE HUNDRED DOLLARS).
5.5 YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD OUTSYSTEMS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE REPOSITORY OR ASSETS.
6. Governing Law and Jurisdiction
The webpage available at www.outsystems.com/legal/governing-law-jurisdiction sets forth, based on where You are domiciled: a) the OutSystems entity with which You are contracting under these Terms and to whom You should direct notices under these Terms; b) the governing law applicable to these Terms, including any lawsuit or disputes arising out of or in connection with it, without giving effect to any choice or conflict of law provision or rule, and c) which courts can adjudicate any such lawsuit. You agree that neither the Uniform Computer Information Transaction Act nor the United Nations Convention for the International Sale of Goods will apply to these Terms.
7. Miscellaneous
7.1 OutSystems reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Repository (or any part of it) with or without notice.
7.2 OutSystems may collect and use technical data related to the use of the Repository and its performance, configuration, and environment for statistical purposes and to improve the Repository. Processing of Your personal data will occur in accordance with the Privacy Statement available at https://www.outsystems.com/legal/terms-of-use/privacy-statement/.
7.3 If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect.
7.4 All provisions of these Terms which, by their nature, should survive termination will survive termination; including, without limitation: licensing provisions, warranty disclaimers, indemnity, and limitations of liability.
7.5 Any failure on the part of OutSystems to enforce any provision of these Terms will not be considered a waiver of its right to enforce such provision.
7.6 OutSystems reserves the right, at its sole discretion, to amend these Terms at any time and will update them in the event of any such amendments. OutSystems will notify our Users of material changes to these Terms at least 30 days prior to the change taking effect by posting a notice on the Repository or sending an email to the primary email address specified in your OutSystems account. Your continued use of the Repository after those 30 days constitutes agreement to those revisions of these Terms.