Vaadin Terms of Online Service

Updated March 13, 2017, version 13

These products, information and services available through vaadin.com ("Service" or "Services") are provided by Vaadin Ltd. ("Vaadin"), located at Ruukinkatu 2-4, 20540 Turku, Finland. These terms control the relationship between Vaadin and you.

By using the Services, you are agreeing to these terms.

Using the Service

These terms give you the right to use the Service for familiarizing yourself with Vaadin Framework, Vaadin Elements and other Vaadin products (collectively "Vaadin Technologies"), getting support for Vaadin Technologies related questions, exchanging information regarding Vaadin Technologies, downloading Vaadin Technologies and related components and distributing related add-on software components, and you agree not to use the Service for any other purposes. You may use the Service only as permitted by law. You may not submit any content that violates or infringes any laws or the rights of others or is otherwise harmful.

Vaadin may stop providing the Services to you if you do not comply with these terms or we are investigating suspected misuse.

Registration

While many of the services are available without a registration, some services require a registration. When you register, you will create a personal user account with a username and password. You should protect your username and password against misuse, and keep them personal. You must promptly notify Vaadin about any unauthorized use.

Content in the Service

The Service displays information and materials submitted both by Vaadin and the users. When using the Service, you must evaluate the content in the Service carefully and bear all risks related to any content and take the full responsibility of the use of any content in the Service.

All users have the right to submit content in the service. When you submit content in the Service, you are entirely responsible for that content, and you agree not to submit any unlawful content, content violating any intellectual property rights or otherwise inappropriate content. This responsibility continues even if you stop using our services.

Vaadin may monitor any content in the Service, and we may moderate, remove or refuse to display any content in the Service in our sole discretion. This does not mean that we necessarily review any content, so do not assume that we do. When you submit patches or tests to Vaadin products to the Service, you transfer ownership and all intellectual property rights to those patches and tests to Vaadin. When you submit any other content than patches or tests to the Service, you retain ownership of any intellectual property right that you hold in that content.

When you submit content to the Service, you grant Vaadin a worldwide, fully paid up and unlimited license to use, store, reproduce, modify, create derivative works, communicate, publish, distribute and otherwise utilize such content for the purpose of providing Services. This license continues even if you stop using our services. You represent and warrant that you have the legal right to grant these rights to Vaadin; please make sure you have all the necessary rights to grant Vaadin this license to the content you submit to the Service.

Using the Service does not give you ownership of any intellectual property in the Service or the content you access, if not expressly otherwise stated in these terms.

You may not use the content from the Service without a written consent from its owner, who, subject to the license granted to Vaadin above, retains all rights to the content.

Lack of Confidentiality

Vaadin does not treat content that you submit to the Service, except content submitted to the Support, Development on Demand and Expert Chat services as described below, as confidential.

Software Available for Download

There is software available for download in the Service, such as Vaadin Technologies, related integration components, Vaadin add-on components and third party software components.

Downloading software does not give you ownership of any intellectual property in the downloaded software. You may use the downloaded software only under the license chosen by the publisher of the software.

Using Vaadin Add-ons

In order to use Vaadin add-on components available under Commercial Vaadin Add-on License ("CVAL") you must agree to the terms and conditions of the CVAL license and pay the license fee set by Vaadin.

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

CVAL license is not valid until the license fee payment arrives to Vaadin's bank account and the license number is sent to you. You might be required to withhold a tax at source from its payments; whether this is true depends on applicable law and tax treaties.

Publishing Software

Any registered user or Vaadin can upload and publish software in the Service. If the publisher is a business, the business must be registered on the vaadin.com portal with a normal user account.

Before uploading new software to the Service, the publisher agrees to test the software properly, choose a license under which the software is licensed to users, list all dependencies of the software, including plan name, web link and license information, and fill the requested information of the software in Vaadin Add-On information page. The publisher may set a maturity level for the software.

The publisher must select one or more of the following licenses for the software, under which the software is made downloadable from the Service:

  • Public Domain
  • Apache License 2.0 ( http://www.apache.org/licenses/LICENSE-2.0 )
  • BSD ( http://opensource.org/licenses/bsd-license.php )
  • GNU Lesser General Public License V3 ( http://www.gnu.org/licenses/lgpl-3.0.html )
  • GNU General Public License V3 ( http://www.gnu.org/licenses/gpl-3.0.html )
  • GNU Affero General Public License V3 ( http://www.gnu.org/licenses/agpl-3.0.html )
  • Eclipse Public License - v 1.0 ( http://www.eclipse.org/org/documents/epl-v10.php )

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.

Use of Vaadin Name

When naming your software, you may indicate your software's connection to Vaadin Framework by naming it as "XXX for Vaadin". However, you may not name your component as "Vaadin XXX". Also, when naming packages for Java APIs, you are allowed to use org.vaadin.* prefix, if your software is distributed under an open source license. Package prefix com.vaadin.* is reserved for Vaadin only.

"Vaadin", "}>" and "Thinking of U and I" are registered trademarks of Vaadin Ltd. and may not be used without a permission from Vaadin Ltd.

Commercial Subscriptions - Additional Terms

Subscriptions, Subscribers, Service Hours and Supported Software

Vaadin Prime, Vaadin Pro, Vaadin Pro Tools, Vaadin Key Account and Vaadin Pro Account are per developer non-free subscriptions that give access to commercial Vaadin add-on tools and components listed at https://vaadin.com/pro-tools.

Vaadin Prime, Vaadin Support, Vaadin Key Account and Vaadin Pro Account are per developer non-free subscriptions that give access to support services provided by Vaadin Ltd. The support service content varies based on the support subscription type.

Vaadin Training Subscription is a non-free per developer subscription that gives access to training services provided by Vaadin Ltd.

Vaadin Pro, Vaadin Pro Tools, Vaadin Pro Account, Vaadin Prime, Vaadin Support and Vaadin Training Subscription are hereafter referred collectively as "Subscription" or "Subscriptions".

The entity purchasing a Subscription is hereafter referred as the "Subscription Owner".

All Subscriptions are personal and may be used by named users connected to a Subscription ("Subscriber" or "Subscribers") only. The number of Subscribers included in a Subscription depends on the number of named users purchased by the Subscription Owner. The list of Subscribers can be changed at any time by the subscription administrator at https://vaadin.com/account.

Service hours for Support Service and Development on Demand are between 7am and 2pm GMT from Monday to Friday, and for Expert Chat between 7am and 8pm GMT from Monday to Friday, except for the 1 Jan, 6 Jan, Good Friday, Easter Monday, 1 May, Ascension day, Midsummer eve, 6 Dec and 24-26 Dec. GMT+1 Summer Time is used between the last Sunday of March and the last Sunday of October. These service hours are hereafter referred as "Service Hours".

Support service covers two latest major versions of Vaadin Framework, Vaadin Elements, Vaadin Pro Add-ons, stable status add-ons released by Vaadin, and for critical security issues any major versions that have been released within the last five (5) years ("Supported Software"). Pre-release versions, such as beta, alpha and release candidate, are not supported.

Subscription Period, Renewal and Payment Method

A Subscription is purchased for a subscription period chosen at the time of purchase. At the end of the subscription period, the subscription is automatically renewed for the period length corresponding to the original subscription period length. The Subscription Owner will charged with the same payment method as with the most recent subscription. The subscription can be terminated at Service or by contacting your contact person at Vaadin at any time. If the subscription is terminated, no service fees will be returned and all accrued and unpaid service fees will be charged.

License to use Vaadin Pro Add-ons

Vaadin Prime, Vaadin Pro, Vaadin Pro Tools and Vaadin Pro Account subscriptions give the Subscriber a license to use Vaadin Designer, Vaadin Charts, Vaadin TestBench, Vaadin Spreadsheet and Vaadin TouchKit under CVAL license for the duration of the Subscription.  The license number can be downloaded from your account at any time during the subscription. The license to use the abovementioned add-ons expires without a separate notice when the Subscription is terminated or expires and the user may not continue to use the add-ons for development. The user may still distribute and deploy the components with software using the components.

Support Service

Vaadin Support, Vaadin Key Account and Vaadin Pro Account subscriptions give access to a service request based support service. The service may include a number of hours that are added into the time balance in the beginning of the subscription period or that are purchased separately. The Subscribers may submit service requests to the service. The time used for resolving the service requests is deducted from the time balance. The Subscription has a credit limit that allows resolution of service requests in case the time balance is zero or negative, up to the credit limit. The negative time balance will be invoiced monthly. In the end of the subscription period, the time balance is rolled forward to the next subscription period automatically. When the Subscription is terminated, the remaining time balance is lost.

During the Service Hours, resolving the support request will be started within one (1) business hour from receiving the support request for Platinum level support subscriptions; within one (1) business day from receiving the support request for Gold level support subscriptions or within two (2) business days for Silver level support subscriptions or for Vaadin Pro Account. If the estimated work effort for resolving a support request totals to two (2) hours or more, a confirmation is requested from the Subscriber before starting the work.

Warranty and Bug-fix Priority

Vaadin Prime, Vaadin Gold support, Vaadin Platinum support, Vaadin Key Account and Vaadin Pro Account give access to a Bug-fix Priority service that allows Subscribers to request bugs in Supported Software to be fixed. The bug-fix process will be started within two (2) business days after receiving the request. There can be only one open Bug-fix Priority request at a time per Subscription. Completed bug fixes are released in the next stable version of the corresponding product.

Expert chat

Vaadin Prime subscription gives Subscribers an access to an Expert Chat service that allows Subscribers to get advice regarding any issues related to Supported Software through a chat service during the Service Hours. There is no limit, how much the Subscribers can use the Expert Chat service. Only advice is provided as part of the Expert Chat service. For example implementation of software, UX design, hands-on sessions through screen sharing or corresponding, or training services are not provided as part of the Expert Chat service.

Development on Demand

Vaadin Prime subscription gives Subscribers an access to a Development on Demand service that allows Subscribers to order any professional services in accordance with Vaadin terms of professional services https://vaadin.com/terms-of-professional-services. The Development on Demand service may include a number of service hours that are added into the time balance in the beginning of the subscription period or that are purchased separately. The Subscribers may submit service requests to the service. The time used for resolving the requests is deducted from the time balance. The Subscription has a credit limit that allows resolution of service requests even if the time balance is zero or negative, up to the credit limit. The negative time balance will be invoiced monthly. In the end of the subscription period, the time balance is rolled forward to the next subscription period automatically. When the Subscription is terminated, the remaining time balance is lost.

During the Service Hours, resolving the service request will be started within two (2) business days. If the estimated work effort for resolving the service request totals to four (4) hours or more, a confirmation is requested from the Subscriber before starting the work.

Penalty

If Vaadin exceeds the above defined promised response time for Bug-fix Priority Service or Support Service, the Subscriber will be compensated with one (1) free service hour that is added to the time balance.

Training

Vaadin Training Subscription gives Subscribers an unlimited access to Vaadin's online training courses. The course calendar of the available courses is maintained at https://vaadin.com. Subscribers can enroll to any of the online courses, subject to availability of seats. Once we have processed your enrollment, we will send you a confirmation email. Any machine readable education materials that we provide to you will be subject to the terms and conditions of a license agreement, which we will inform you of. By attending a training course you agree not to copy our copyrighted material without our prior written consent and not to use recording equipment in our classes without our prior written consent. Online courses are delivered via Google Hangout conference service. Your participation in the online courses is subject to your ability to attend the online courses via Google Hangout service.

Confidentiality

Vaadin treats all content submitted to the Support, Development on Demand and Expert Chat services as confidential, and will not disclose it to any third party without your permission, except to the extent required by a court or government agency order or rule. This confidentiality continues even if you stop using our services.

Content in Support Service and Expert Chat

When you submit content to the Support Service or Expert Chat, you grant Vaadin a worldwide, fully paid up limited license to use and utilize such content for the purposes of improving and operating our services. This license continues even if you stop using our services. You represent and warrant that you have the legal right to grant these rights to Vaadin; please make sure you have all the necessary rights to the content you submit to the Service to grant Vaadin this license.

Vaadin grants the Subscriber a worldwide, royalty-free, irrevocable, non-exclusive license to duplicate, modify, distribute, sell, re-license and reuse the answers and advice to the requests that the Subscriber has sent to Support Service or Expert Chat.

The license is not given to any intellectual property that is not created as part of the support request resolution process, including without limitation Vaadin's pre-existing materials, products, software or documentation.

This license does not give the Subscriber any rights to any intellectual property that is not created as part of the service request resolution process, including without limitation Vaadin's pre-existing materials, products, software or documentation.

Use of Name

Vaadin may use your, and the company's that you are representing, name and logo in its marketing collateral, websites, and promotional materials to identify you as a customer of Vaadin.

Changes to these Terms

Vaadin may change these terms at any time, upon notice, and we recommend that you review the terms regularly. If you do not agree to the new terms for the Service, you should discontinue your use of the Service. None of the changes will apply retroactively and the changes will become effective on the announced date.

Modifying the Service

Vaadin may change the Service by adding, modifying or removing any features or functionalities. Vaadin may also stop providing parts of, or the whole of, the Service. We may also create new operating guidelines or limitations to the Service at any time.

Termination

You may stop using our Service at any time.

Vaadin may also stop providing the Service to you at any time.

Privacy Policy

In order to provide you some certain parts of the Service, Vaadin may ask you for your personal information and store it. We may also collect technical data related to use of the Service.

This stored information is owned and maintained by Vaadin Ltd., Ruukinkatu 2-4, FI-20540 Turku, Finland, tel. +358-2-651-003-00, info@vaadin.com.

This information is collected from the registered users of the Service, who agree to these terms.

We may use this information and data for marketing and promotional purposes, for offering software updates, product support and other services, for research and development purposes, and for sending newsletters and information about changes in the Service.

This information and data may be transferred within the European Union and USA for processing, storage and use by Vaadin.

We will not provide this information or data to third parties without your permission or to fulfill your requests.

The stored data is accessible only for authorized Vaadin personnel, who need to access the data as part of the performance of the Services. Each authorized person has a personal username and password, and has signed a confidentiality agreement. The systems used for storing the data are protected by a firewall and are under regular backup and software update routines.

If you object to this use of information and data, you can stop using the Service.

Copyright Protection for Vaadin

Please notify Vaadin if you think that somebody is violating our copyrights, by email to directory@vaadin.com or by filling our online contact form.

Disclaimers and 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 ANY AND 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. 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 THESE TERMS.

 

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). VAADIN'S LIABILITY, IF ANY, IS LIMITED TO THE AMOUNTS WHICH YOU PAID TO VAADIN FOR THE SERVICE OR SUBSCRIPTION

Indemnities

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 terms; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these terms and/or your use of the Service.

Miscellaneous

If any particular term of these terms shall be held invalid, illegal or unenforceable, the remaining terms shall not be affected or impaired.

If you do not comply with these terms, and we do not take action right away, it does not mean that you are not fully obligated to perform your obligations in the future, or that we are giving up any of our rights, such as taking action in the future.

This Agreement and its terms and conditions shall be governed by and construed in accordance with the substantive laws in force in: (a) the State of California, if Licensee's domicile is in the United States; or (b) Finland, if Licensee's domicile is outside the United States. This Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. The official text of the Agreement or any notices given or accounts or statements required hereby shall be in English.

Any dispute or controversy or claim arising out of or relating to this Agreement involving the Parties, shall be resolved by final and binding arbitration in accordance with: (a) the International Chamber of Commerce Rules of Arbitration if Licensee's domicile is in the United States; or (b) the Arbitration Rules of the Finnish Central Chamber of Commerce if Licensee's domicile is outside the United States; by one (1) arbitrator appointed according to the aforementioned rules. The arbitration shall be conducted in the English language in: (a) San Francisco, California, United States if Licensee's domicile is in the United States; or (b) Turku, Finland if Licensee's domicile is outside the United States.