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TERMS OF SERVICE

1. You must agree to these Terms of Service to use Vaadin.com

The following Terms of Service (“TOS”) are between you and Vaadin Ltd. (“Vaadin”, “we” or “us”) and constitute a legal agreement that governs your use of Vaadin.com, Vaadin Directory, accounts and service (collectively, the “Service”). You can agree to these TOS by: a) using the Service, b) registering a user account with us, or c) clicking a box that indicates you agree to the Service, where such a box is made available to you. You are not allowed to use the Service if you do not agree to TOS. You should print or otherwise save a copy of these TOS for your records.

2. Changes to these Terms of Service

Vaadin may update or change these TOS at any time and recommends that you review TOS on a regular basis. You understand and agree that your continued use of the Service after TOS has changed constitutes your acceptance of TOS as revised. Without limiting the foregoing, if Vaadin makes a change to TOS that materially impacts your use of the Service, Vaadin may, in its sole discretion, provide a prior notice of any such change. The most recent version of the TOS is always available at the Service (http://vaadin.com/terms-of-service).

3. Registration

Generally use of the Service does not require a login or registration; however some Services such as uploading of add-ons, posting messages on forum, changing wiki contents etc. might require registration.

When you register, you will create a username and a password. You are personally responsible for any use of the Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and promptly notify Vaadin about any misuse. You agree that all information you provide to Vaadin during the registration process will be complete and accurate information. You shall keep this information up to date while using the Service. Please notice that if you intent to sell Software in the Service username must be your or entity’s official name you represent, and that user account information shall be used for creating a license receipt in case you sell a commercial license from the Service.

4. Use of the Service

You agree to:

  • Use the Service only to familiarize with and study Vaadin Framework, find, promote, buy, sell and distribute Vaadin add-ons, to discuss and change information about Vaadin Framework, Vaadin add-ons and projects and products using Vaadin with other users;

  • Comply with applicable laws, terms of use and good manners;

  • NOT to submit or transmit any Content (as described below) that violates or infringes the rights of others including patent, trade secret, copyright, trademark, publicity, or other proprietary right;

  • NOT to submit or transmit any Content that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware

  • NOT to submit unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, invasive of another’s privacy, hateful, or racially or ethnically offensive, or otherwise objectionable Content;

  • Respect the privacy of others;

  • Obtain any consents, permission or licenses that may be required for you to have the legal right to submit any Content; and

  • NOT to distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses or any other technologies that may harm the Service, or the interest or property of the Service users.

Vaadin may but has no obligation to:

  • Monitor or moderate any of the Content; and

  • Remove any Content from the Service and restrict access to any part of the Service at any time in its sole discretion.

5. Content

Vaadin provides the information and the Service to you, the user, conditioned upon your acceptance, without modification, of these TOS.

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person or organization from whom such Content originated. This means that you as a user are entirely responsible for all Content that you upload, post, email or otherwise transmit via or to the Service. No user shall transmit Content or otherwise conduct or participate in any activities in the Service that is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.

Vaadin reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill terms and conditions set upon to Content in these TOS. In addition, Vaadin shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to be otherwise illegal. Vaadin, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Vaadin to protect the rights, property, or personal safety of the Service’s users and the public. Vaadin does not control the Content posted to the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Vaadin be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

Each user, by using the Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Except as expressly provided in these TOS (specially clauses 6 and 8), no part of the Service and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Vaadin’s express prior written consent.

6. Licensing of Content

You acknowledge and agree that Vaadin and/or its licensors own all legal right, title and interest in and to the Service including any and all intellectual property rights that exist therein, whether registered or not. You further agree that the Service (including the Content, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Vaadin Framework and Vaadin Framework IDE integration plug-ins are downloadable at the Service (vaadin.com/downloads) under Apache License 2.0. Both Vaadin Framework and Vaadin Framework IDE integrations are referred as "Vaadin Framework" in this TOS.

The Service provides Vaadin add-ons (“Software”) that users may evaluate, integrate, upload, download, buy and sell as set herein in these TOS. Vaadin add-on is a packaged generic software component that adds functionality to Vaadin Framework or helps usage of Vaadin Framework in a software development project. The Software is provided to you under a license chosen by publisher of the Software. Any registered user or Vaadin can publish and upload Software in the Service (the “Publisher”). You acknowledge and agree that that the Publisher owns all legal right, title and interest in and to any Software provided to you as a part of and/or in connection with the Service, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. Such Software and its use will be subject to the terms of the license agreement that accompany the Software.

With respect to text or data entered into and stored by publicly-accessible site features such as forums, wiki, Vaadin Directory Add-on description texts and screenshots, comments and bug trackers ("Public Content"), the submitting user retains ownership of such Public Content; with respect to publicly-available statistical content which is generated by the Service to monitor and display content activity, such content is owned by Vaadin. In each such case, the submitting user grants Vaadin the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Public Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.

Content located on any Vaadin-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by Vaadin as applicable to such Content.

7. Allegations of Copyright Infringement

You may notify Vaadin of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to directory@vaadin.com, (b) by a document titled “Copyright Notification” mailed to Vaadin Ltd., Ruukinkatu 2-4, FI-20540 Turku, Finland, or (c) via the online form, if available. Your notice must:

(1) Identify the original copyrighted work you claim is infringed;
(2) Identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for Vaadin to locate the allegedly infringing content on the Service;
(3) Provide your contact information, including your full name, mailing address, telephone number, and email address, if available; and
(4) Provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law.

8. Publishing and Selling Software in the Service

Any registered user or Vaadin can publish and upload Software in the Service on terms and conditions set herein in these TOS. If the Publisher is a corporation, the corporation must be registered to vaadin.com portal as a normal user account. Before uploading new Software to the Service, the Publisher agrees (a) to test the Software for major errors, deviations and bugs, (b) choose a license under which the Software is licensed to users, (c) list all dependencies Software uses including package name, web link and license info of all dependencies, and (d) fill requested information of the Software in Vaadin Add-On information page. The Publisher may set a maturity level for the Software in its sole discretion, however only Vaadin Administrator may certify the Software.

The Publisher must select one or more of the following licenses for the Software under which the Software is downloadable from the Service:

In order to sell Software the Publisher must choose to license the Software under CVAL, however, dual-licensing is allowed and Software may be published under an another license at the same time. The Publisher acknowledges that (a) all Software published and made available to users in the Service are subject to 30-day-free-trial-period even though licensed against license fee under CVAL license, (b) license fee includes upgrades of the Software, and (c) should the buyer of Software fail to fulfill the conditions of CVAL, user may continue to use the Software if user complies with one of the open source license available, if any, for the Software. If no open source license is available for that particular Software, user must cease the use of Software at once.

The Publisher may choose price for the Software, however, the Publisher must follow the licensing scheme set by Vaadin for all Software sold in the Service. The Publisher may change the price freely.

The Publisher may edit published Software, publish upgrades or new versions of the Software and remove the Software, or its old versions, from the Service.

9. Buying Software

The Publisher may sell Software in the Service for users by choosing a CVAL license for the Software and setting a price for the Software. In order to buy Software user must agree to the terms and conditions of CVAL and pay applicable license fee set by the Publisher.

Each CVAL license has a unique license number, which  is used to keep track number of licenses the buyer has. The license number might be required to download possible upgrades for the Software without an additional license fee. License number is sent to the buyer together with license fee payment receipt after the payment.

Buyer acknowledges that CVAL license is not valid until license fee payment arrives to Vaadin bank account and a license number is sent to the buyer. The buyer might be required to withhold a tax at source from its payments, whether this is true depends on applicable law and tax treaties.

10. Pricing and Revenue Split

Pricing of sold Software is based on size of the software development project in which the Software is used. Therefore the buyer is required to acquire a valid license for all developers modifying or contributing source code into the project, regardless of the fact whether all persons use the Software or not. The developers can use the license for unlimited number of projects accordingly to the terms defined in the CVAL license.

Minimum price for Software is 10 USD.

Vaadin shall deduct 30 percent of Software’s price (excluding VAT and other taxes) as a service fee and pay the remaining amount deducted with payment costs, taxes and similar fees to the seller. Monies at the seller’s account are payable to the seller (i.e. the Publisher selling the Software) on demand within 30 days from the request.

All prices are given in US dollars and exclusive of value added tax, which shall be added to price, if applicable.

11. Payment Terms

Vaadin invoices license fee from the buyer and sends the buyer a receipt after payment is ensured including name and address of buyer, VAT number provided by buyer, seller information, name and version of Software, license validity start date, price and number of licenses bought, total sum, VAT and license document.

Both credit card payments and billing with bank transfer are accepted. Vaadin does not accept mailed checks or any other means of payments than the ones referred above.

License fees can be invoiced either in USD or EUR. If the buyer has requested a payment in EUR, the price is calculated according to a currency conversion rate no older than one week. Further Vaadin invoices a 0.5 percent premium which is added to the invoice.

12. Changes to the Service

Vaadin reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. You agree that Vaadin shall not be liable to you or any third party for any modification or cessation of the Service. Vaadin may also impose certain operating guidelines or limitations upon use of the Service and reserves the right to institute or modify such limitations upon use at any time.

13. Privacy Policy

You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with Vaadin’s Privacy Policy.

In order to provide you certain services through the Service, Vaadin may ask you for your personal information. We may also collect technical data and information related to your use of the Service and Software and/ their use. Vaadin may use this information for marketing and promotional purposes. Information may also be used for offering of software updates, product support and possible other services related to Vaadin Framework. Information may be used for research and development purposes. If you object to such use for any reason, you may stop that use at any time by written request. The request should be sent to us at directory@vaadin.com. We will not, without your permission, provide this personal information to third parties, except as necessary to fulfill your requests. You further understand and agree that this information may be transferred within European Union or to the United States for storage, processing and use by Vaadin and/or its affiliates.

14. Termination

You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to such parts of the Service that require registration.

Vaadin may at any time, without cause and/or prior notice, immediately terminate or suspend your registration and access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Vaadin in its sole discretion. Vaadin will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.

Except as set forth in Privacy Policy, Vaadin shall not be responsible for any removal of the Content you have submitted to the Service when your registration is terminated. Notwithstanding the above set, you may require Vaadin to remove any or all Software published by you to the Service.

After the Content is removed from the Service by either you or Vaadin, some traces of the Content may remain and copies of the Content may still reside within the Service.

15. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VAADIN AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, VAADIN AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VAADIN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

16. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VAADIN AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 VAADIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (IV) ANY OTHER MATTER RELATING TO THE SERVICE.

17. Indemnity

You agree to defend, indemnify and hold harmless Vaadin from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service.

18. Additional Obligations or Terms of Use

Particular components or features of the Service provided by Vaadin and/or its licensors, may be subject to separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using the Service and any particular components or features of the Service.

19. No Resale of Service

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

20. Links and Third Party Materials

Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Vaadin may have no control over such third party sites and/or materials, you acknowledge and agree that Vaadin 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 Vaadin 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.

21. Trademark information

You may not use Vaadin, Vaadin product names or any other trademarks or trade names, whether registered or not, of Vaadin, or any similar mark or name, as Software trademark or trade name or for Software’s marketing or advertising purposes. However, you may refer to Vaadin and its products to indicate interoperability between your Software and Vaadin and/or Vaadin Framework. For example you may name your Software "XYZ for Vaadin" but not "VaadinXYZ" or "XYZVaadin". Only Vaadin Ltd. is allowed to use com.vaadin.* package names for application programming interfaces (Java package names). Vaadin community members are allowed, but not required, to use org.vaadin.* package names for application programming interfaces (Java package names) in Software distributed in the Service with an open source license.

22. Governing Law

Your use of the Service and these TOS shall be governed by the laws of Finland, excluding its conflicts of law provisions. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.