ToS

Welcome

Thank you for using CODESYS Forge! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using CODESYS Forge. We provide our services in the hope to give a notable value back to the open source community and strengthen the open source autamation community. This ToS is based on the ToS of Github, which is thankfully published under the Creative Common Zero License.

Summary

A. Definitions

Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.

B. Account Terms

These are the basic requirements of having an account on CODESYS Forge.

C. Acceptable Use

These are the basic rules you must follow when using your CODESYS Forge account.

D. User-Generated Content

You own the content you post on CODESYS Forge. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.

This section talks about how 3S will respond if you believe someone is infringing your copyrights on CODESYS Forge.

CODESYS Forge Terms of Service

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms.

The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies and procedures that we may publish from time to time on the Website.

The “Service” refers to the applications, software, products, and services provided on CODESYS Forge.

The “Website” refers to the CODESYS Forge website located at forge.codesys.com, and all content, services, and products provided by 3S through this Website.

“The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government accounts (See Section B(4): Additional Terms).

“3S" “We,” and “Us” refer to 3S-Smart Software Solutions GmbH, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

“Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.

B. Account Terms

Short version:

  • A human must create your account.
  • You must be 13 or over.
  • You must provide a valid email address.
  • You may not have more than one account.
  • You alone are responsible for your account and anything that happens while you are signed in to or using your account.
  • You are responsible for keeping your account secure.

1. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional.

2. Account Requirements

We have a few simple rules for accounts on CODESYS Forge Service.

You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted. While it is allowed to do automated tasks with your own, private account. You are fully responsible for the actions of this account.

We do not allow pure machine accounts.

You must be age 13 or older. We do not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside of Germany, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.

Your login may only be used by one person — i.e., a single login may not be shared by multiple people. An exception are company accounts, which can be shared by different people within this company. The company is responsible for the the actions of this adcount. The account has to carry the main domain name of the company as its display name.

3. User Account Security

You are responsible for keeping your account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your account's security, but the content of your account and its security are up to you.

You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).

You are responsible for maintaining the security of your account and password. 3S cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will promptly notify 3S if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.

C. Acceptable Use

Short version: CODESYS Forge hosts collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

  • is unlawful or promotes unlawful activities;

  • is or contains sexually obscene content;

  • is libelous, defamatory, or fraudulent;

  • is discriminatory or abusive toward any individual or group;

  • contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or

  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

3. Conduct Restrictions

While using CODESYS Forge, you agree that you will not under any circumstances:

  • harass, abuse, threaten, or incite violence towards any individual or group, including 3S employees, officers, and agents, or other CODESYS Forge Users;

  • use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;

  • attempt to disrupt or tamper with the servers of 3S in ways that could harm our Website or Service, to place undue burden on servers of 3S through automated means, or to access CODESYS Forge Services in ways that exceed your authorization;

  • impersonate any person or entity, including any of our employees or representatives, including through false association with 3S, the CODESYS GmbH, or by fraudulently misrepresenting your identity or site's purpose; or

  • violate the privacy of any third party, such as by posting another person's personal information without consent.

4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of 3S.

5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through an official API of CODESYS Forge. You may scrape the website for the following reasons:

Researchers may scrape public, non-personal information from CODESYS Forge for research purposes, only if any publications resulting from that research are open access.

Archivists may scrape CODESYS Forge for public data for archival purposes.

You may not scrape CODESYS Forge for spamming purposes, including for the purposes of selling CODESYS Forge Users' personal information, such as to recruiters, headhunters, and job boards.

All use of CODESYS Forge data gathered through scraping must comply with the CODESYS Forge Privacy Statement.

6. Privacy

Misuse of CODESYS Forge Users' Personal Information is prohibited.

Any person, entity, or service collecting data from CODESYS Forge must comply with the CODESYS Forge Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the CODESYS Forge Privacy Statement). If you collect any CODESYS Forge User's Personal Information from CODESYS Forge, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from CODESYS Forge, and you will respond promptly to complaints, removal requests, and "do not contact" requests from CODESYS Forge or CODESYS Forge Users.

7. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other CODESYS Forge customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.

8. User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

D. User-Generated Content

Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. We may Remove Content

We don't have the obligation to remove content. But we may remove any User-Generated content which either violates these terms of service or applicable law.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Content you create or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other CODESYS Forge Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant CODESYS Forge the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

5. License Grant to Other Users

Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your projects to be viewed publicly, you agree to allow others to view and copy your data.

If you set your projects to be viewed publicly, you grant each User of CODESYS Forge a nonexclusive, worldwide license to use, display, and perform Your Content through the CODESYS Forge Service and to reproduce Your Content solely on CODESYS Forge as permitted through its functionality. You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other CODESYS Forge Users.

6. Contributions Under Repository License

Whenever you make a contribution to a repository containing notice of a license, you license your contribution under the same terms, and you agree that you have the right to license your contribution under those terms. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supersede.

Isn't this just how it works already? Yep. This is widely accepted as the norm in the open-source community; it's commonly referred to by the shorthand "inbound=outbound". We're just making it explicit.

7. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant CODESYS Forge the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

E. Usage of Cookies

Cookies are used on CODESYS Forge to store user data.

  • User session information is stored to keep track of the currently logged in user
  • Data, entered by the user, is tracked to support the display of information to the user

Cookies are not recored or tracked by CODESYS Forge for other reasons, than their direct purpose.

If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on CODESYS Forge violates your rights, please contact us by emailing to forge@codesys.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the accounts of repeat infringers of this policy.

G. This Agreement

This user agreement is based on the terms of service, provided by Github. It has been modified to match the services, provided by CODESYS Forge. At the time this agreement was derived, the original was licensed under the Creative Commons Zero license, and could be found here.

This agreement is also licensed under the Creative Commons Zero license.


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