IMPORTANT: YOUR USE OF MAC OS FORGE IS SUBJECT TO THESE TERMS AS PRESENTED TO YOU HERE. BY USING MAC OS FORGE, YOU AGREE TO BE BOUND BY THESE TERMS. NO CHANGES (ADDITIONS OR DELETIONS) TO THESE TERMS WILL BE ACCEPTED BY APPLE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE MAC OS FORGE.
Apple may change, add or remove any part of these Terms, or any part of the Mac OS Forge services and features at any time. If it does so, Apple will post such changes on the Mac OS Forge site.
IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING MAC OS FORGE. YOUR CONTINUED USE OF MAC OS FORGE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS, AND OF ANY SUCH CHANGES.
To use a Mac OS Forge account, you must be at least 13 years old (or such older minimum age as may be required by applicable local law). If you are under the required age, you may still use Mac OS Forge (subject to applicable local law), but only if the account you are using was created and registered by your parent or legal guardian.
When you accept these Terms and complete the Mac OS Forge registration process, you become the account holder. As a Mac OS Forge account holder, Apple provides you with a limited, non-exclusive license for as long as your account is valid to use the account name and password provided to you for your account. Your account name, when confirmed by Apple, is your online identity. Do not reveal your password to other users. Your account is at risk if you let someone use it inappropriately. Apple will not be liable for any loss or damage arising from your failure to keep your password secure.
As used in these Terms, "Content" means the data, text, software, communications, images, sounds, and all other information and materials you encounter or generate through your Mac OS Forge account or on-line through the Internet.
While Apple makes reasonable efforts to ensure that Mac OS Forge is available at all times, Apple does not guarantee, represent or warrant that Mac OS Forge services will be uninterrupted or error-free, and Apple does not guarantee that users will be able to access or use all the Mac OS Forge features at all times.
Apple also does not guarantee or warrant that any Content you may have in your account at Mac OS Forge, or hosted at Mac OS Forge, will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important documents, images or other Content. Apple will not be responsible for any archiving or backup of any such information. If any data, messages, images or other Content in your account and stored on the Mac OS Forge system is damaged, lost or corrupted in any way, Apple will have no obligation or liability to you.
By submitting or posting Content on areas of Mac OS Forge accessible by the public, you are representing that you are the owner of such material or have authorization to distribute it. You hereby grant Apple a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, perform, display, distribute and publish any such public area Content for the purpose of displaying, distributing and promoting the area on which such Content is posted. The foregoing sentence does not apply to the extent that Content you are submitting or posting is a work of the United States Government for which copyright is unavailable under 17 U.S.C. 105.
Use, reproduction, modification, redistribution and other intellectual property rights to software and other data hosted on Mac OS Forge as software projects ("Source Projects") shall be subject to the open source license(s) accompanying or otherwise applicable to such Source Projects, or other licensing arrangement approved by Apple as applicable to such Source Project. To the extent you submit or post software or other data to such Source Projects, you represent that you are the owner of such material or have authorization to license it in accordance with the open source or other licensing terms applicable to that Source Project.
Source code repository commit access, maintenance and other privileges related to Source Projects may be subject to written acceptance of additional terms and conditions. No implied rights or licenses, including without limitation any implied patent licenses, are granted by Apple as a result of any Source Project being hosted on Mac OS Forge.
Apple, the Apple logo and other Apple trademarks, service marks, graphics, and logos used in connection with Mac OS Forge are trademarks or registered trademarks of Apple Inc. in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Mac OS Forge may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
You may use the WebKit mark in order to indicate that your product utilizes or is compatible with the WebKit software (for example "WebKit™-enabled") provided that:
Apple encourages Mac OS Forge users to participate in the projects, discussion forums, and other forms of on-line communication and services available through the Mac OS Forge website. However, it is important to remember that there are rules and standards that you must abide by when you use Mac OS Forge. These rules and standards are described in these Terms. As a Mac OS Forge user, you agree to comply with these Terms, and you acknowledge that Apple has the right to enforce these Terms in its sole discretion. This means that if you, or anyone using your Mac OS Forge account violate these Terms, Apple may take any and all appropriate actions—this can range from the issuance of a warning about a violation to the termination of your access privileges for Mac OS Forge to legal action—as Apple deems necessary or appropriate. Apple is not required to provide notice prior to terminating your Mac OS Forge access for violating these rules and standards, but it may choose to do so.
You are solely responsible for any Content you may publish or store on Mac OS Forge and for your conduct, and the conduct of anyone using your account, while using Mac OS Forge. This includes but is not limited to the contents of all comments and messages generated or forwarded, and all Content in any files, folders, home pages or other transmissions, information, images or other interactions generated, transmitted or maintained on or through your Mac OS Forge account, or otherwise posted on Mac OS Forge. Apple will not be responsible or liable in any way for any such on-line distribution or publication. Apple cannot and will not review every message or other Content which may generated or posted on or through your account (although Apple reserves the right to monitor account holders' use of Mac OS Forge—see "Investigations", below), and Apple will not be responsible for anything in any of those messages or Content.
Your use of Mac OS Forge should conform to the requirements of the law, respect for the rights of other users of Mac OS Forge and third parties, and current standards for communicating on-line. By your use of Mac OS Forge, you agree to use appropriate conduct and language when you are online—this includes (but is not limited to) following the rules of any ISP, any other on-line services, these Terms and all applicable laws.
Apple reserves the right to terminate your access to Mac OS Forge at any time, with cause or without cause for any reason. Events that are likely to trigger termination include, but are not limited to any breach of these Terms by you (or anyone using your account), your infringement of Apple's or Mac OS Forge's or others' intellectual property, or any other circumstances which, in Apple's sole discretion, merit termination. In the event of termination, Apple may remove any Content you may have stored or posted on Mac OS Forge.
Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.
Mac OS Forge may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject Apple or other Mac OS Forge users to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
Examples of prohibited conduct are:
If you believe that illegal, tortious or other prohibited Content is being transmitted through any Mac OS Forge service, you may report it to email@example.com.
Apple reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. In addition, Apple reserves the right to comply with any civil court orders and/or subpoenas. If Apple decides to investigate or resolve possible misuse involving you or anything you do on Mac OS Forge, Apple is entitled, except to the extent prohibited by applicable law, to disclose any information about you in Apple's possession in connection with your use of Mac OS Forge and anything you do with Mac OS Forge to law enforcement or other government officials, as Apple in its sole discretion believes to be necessary or appropriate. By your acceptance of these Terms and your use of Mac OS Forge, you authorize Apple to take any such actions.
It is essential that all Content on Mac OS Forge reflect the provisions of these Terms. Apple reserves the right to remove Content if Apple becomes aware of any Content in any Mac OS Forge area which, in Apple's judgment, does not conform to these Terms. Apple may send you a warning about the violation of these Terms if your Mac OS Forge account was responsible for putting objectionable Content on-line, but we reserve the right not to do so. At all times, Apple reserves the right to terminate, with or without notice, the accounts of Mac OS Forge users who violate these Terms.
Examples of objectionable conduct and Content that violate the Mac OS Forge acceptable use policy are:
Please remember that these are only guidelines; there are always "gray areas." Ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. However, Apple reserves the right to make the final determination about whether Content is objectionable or not.
If you encounter something you find inappropriate, you may report it to firstname.lastname@example.org.
Much of the Content available through Mac OS Forge is owned by others, and is protected by copyrights, trademarks, rights of publicity and other intellectual property rights. In addition, the Source Projects hosted on Mac OS Forge are subject to the terms of the respective open source license agreements (or other licensing terms) applicable to or accompanying such Source Project. Before you upload or download any Content while using Mac OS Forge, make sure you have been given the legal right to do so by the owner of the Content and that you understand and agree to any applicable licensing terms.
Making or posting unauthorized copies of any Content can lead to the termination of your Mac OS Forge access and may even subject you to legal action. In addition, the owner of the Content may take criminal or civil action against you. If a Content owner takes legal action against Apple because of your unauthorized use of Content, you agree (to the extent permitted by applicable law) to hold harmless and indemnify Apple, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands, including the costs of Apple hiring attorneys to defend against the action.
If you believe that any Content in which you claim copyright has been infringed by anyone using Mac OS Forge, please contact Apple's Copyright Agent as described in our Copyright Policy.
Violations of system and network security are prohibited, and may result in criminal and civil liability. Apple will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:
In addition, Mac OS Forge may not be used to host e-commerce businesses for marketing, promotions and sales (including, without limitation, software distribution) over the Internet. Certain commercial or business uses are prohibited, including the following:
APPLE RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL MAC OS FORGE FEATURES, PROJECTS AND CONTENT, INCLUDING BUT NOT LIMITED TO A USE OF A USER'S ACCOUNT, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THESE TERMS.
When Apple becomes aware of possible violations, Apple may initiate an investigation, which may include gathering information from any Mac OS Forge user or account involved, any third party and any complaining party.
During the investigation, Apple may suspend or terminate any or all of a user's Mac OS Forge accounts involved and/or remove the Content involved from Apple's system. If Apple believes, in its sole discretion, that a violation of these Terms has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content from the Mac OS Forge system, warnings to the Mac OS Forge user(s), and the suspension or termination of the account or accounts responsible.
If, as a result of any such investigation, Apple believes that any criminal activity has occurred, Apple reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.
Certain Content, components or features of Mac OS Forge may include materials from third parties and/or hyperlinks to other web sites, resources or content. Because Apple may have no control over such third party sites and/or materials, you acknowledge and agree that Apple is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Apple shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
As a Mac OS Forge user, you agree to indemnify, defend and hold harmless Apple, its directors, officers, employees and agents from and against any and all claims, losses, liabilities, damages, expenses and costs (including reasonable attorneys' fees and court costs) made by any third party ("Claims") due to or arising out of your acts or omissions, including Claims arising out of your use of the Mac OS Forge website, your submission, posting or transmission of Content on Mac OS Forge, or your violation of these Terms.
YOU FURTHER AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST APPLE, AND TO HOLD APPLE HARMLESS AND INDEMNIFY APPLE WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE APPLE OR RECOVER ANY DAMAGES WHATSOEVER FROM APPLE AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM THE MAC OS FORGE SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR MAC OS FORGE ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THESE WAIVER AND INDEMNITY PROVISIONS APPLY TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE MAC OS FORGE WEBSITE, FEATURES, PROJECTS AND SERVICES ARE AT YOUR SOLE RISK. THE MAC OS FORGE WEBSITE, FEATURES, PROJECTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
APPLE DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH MAC OS FORGE WILL BE ERROR-FREE, COMPLETE OR ACCURATE, OR FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS.
IN NO CASE SHALL APPLE, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE MAC OS FORGE (II) ANY CHANGES MADE TO MAC OS FORGE OR ANY TEMPORARY OR PERMANENT CESSATION OF MAC OS FORGE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH MAC OS FORGE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MAC OS FORGE; AND (VI) ANY OTHER MATTER RELATING TO MAC OS FORGE. APPLE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PROJECT OR SERVICE OFFERED THROUGH MAC OS FORGE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH MAC OS FORGE. YOU HEREBY RELEASE APPLE FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.
Apple may give notice to any Mac OS Forge user by sending an e-mail message to the user's account. Mac OS Forge users may contact Apple by sending an e-mail message to email@example.com.
You agree to abide by U.S. and other applicable export control laws and not to transfer from the U.S., by electronic transmission or otherwise, any Content or software subject to restrictions under such laws (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List, without first obtaining, and then complying with, any requisite government authorization. By using Mac OS Forge, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use Mac OS Forge for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Mac OS Forge account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of these Terms.
These Terms represent your entire agreement with Apple with respect to Mac OS Forge. You agree that these Terms are not intended to confer and does not confer any rights or remedies upon any person other than you, as a Mac OS Forge user, and Apple.
Version April 19, 2012
© Copyright 2006-2012 Apple Inc. All rights reserved.