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GENERAL TERMS OF USE

The present Platform is located at code.ebu.io and git.ebu.io (the "Platform") and is operated and managed by the European Broadcasting Union, the world’s foremost alliance of public service media (PSM), an association duly established under Swiss law, located at L'Ancienne-Route 17A, 1218 Grand-Saconnex (Geneva) Switzerland (the "EBU").

ACCEPTANCE OF THE TERMS OF USE

Terms of Use

Registered Users are requested to read these Terms of Use very carefully and are deemed by their access to the Platform to have accepted them.

Request submission

In case of disagreement to any of the provisions set out therein, you are asked not to submit a request to become a Registered User. By submitting a request for becoming a Registered User and by subsequently accessing or using the Platform, or by accessing information or content from or to the Platform, you represent and warrant that you have read understood and agreed to these Terms of Use and that it will abide by them.


PREAMBLE/DESCRIPTION

What is the aim of the Platform?

In-house software developer teams are becoming essential to many of the EBU Members' organizations, but they often work in isolation, duplicating work already being performed elsewhere.

The EBU Technology & Innovation provides a code exchange platform (the “Platform”) in order to promote Software Development best practices and share code and documentation with colleagues in the industry with the spirit of sharing with the rest or a subset of the industry knowledge and of promoting software development best practices in the media industry.

What is to be shared?

Media related software projects, including software source code and all the technical information, documentation and other materials, including but not limited to text, photos, graphics comments, data (a “Project”).


ACCESS TO THE PLATFORM

Who are the Contributors to Platform?

Any User who has (i) an EBU Technical Account and (ii) who wishes to share a Project.

Who can have access to the Platform?

The Platform is a service available only to users holding an EBU technical account.


UNDERTAKINGS OF THE REGISTERED USERS

What are the General commitments?

All Registered Users agree to abide by the present Terms of Use and in particular they shall:

  • Provide at all times, true, accurate, current, updated and complete information about themselves and their organisation (the “Registration Data”);
  • By their mere access to the Platform, accept to comply with the Terms of Use of the Platform;
  • Ensure that any password and identification enabling access to the Platform is secured and not divulged;
  • Notify the EBU immediately of any unauthorized use of their account or other breach of security;
  • Not hold the EBU responsible for any and all activities that occur under their account;
  • Use the Project(s) and all related materials within the Permitted Scope;
  • Not transmit any worms or viruses or any code of a destructive nature through the Platform or through their account ;
  • Not violate any applicable law or regulation in connection with the use of the Platform or their account or cause a breach to the Permitted Scope stated in relation to a Project;
  • Accept that the EBU may transmit available information about the Registered User’s use of this Platform and where applicable inform the Contributors by whom their Project have been downloaded.
What are the Conditions to respect for having the possibility to upload and use a Project?

In order to log in to and access the services of the Platform as a Registered User, each Registered User agrees to, in addition to the general undertakings mentioned above:

  • Provide true, accurate, current and complete information regarding the Permitted Scope (the “Project Registration Data”);
  • Accept all risks and consequences of unauthorized access to or use of the Registration Data, the Project and any other information provided to the EBU;
  • Ensure that all rights in relation to their Project are cleared for the Permitted Scope stated in relation to a given Project and use the Project only within the Authorised Scope.
  • Accept that when a Project is shared and is subsequently modified and used in accordance with the Permitted Scope stated in relation thereto (the “Derivative Project”), Contributors having created the Derivative Project in question and all Registered Users are bound by the present Terms of Use. For avoidance of doubt, all provisions of the present Terms of Use dealing with a Project shall apply to the Derivative Projects when the context so requires.

CONDITIONS OF USE (IP RIGHTS)

What about Copyright?

The Platform relies on the principle of End User Responsibility. The EBU operates the Platform for the sole purposes of facilitating access to Projects. It remains the sole responsibility of the Registered Users to use the Projects within the limits indicated by the Contributor of a Project (the “Permitted Scope”).

What are the possibilities for using the Projects?
The Permitted Scope
Basic Conditions

When uploading a Project on the Platform (including any Derivative Project), Registered Users undertake at all times to respect the following provisions:

  • Contributors remain at all times the owner of any copyright lying in the Project;
  • Organizations of the Registered Users are granted by Contributors a non-exclusive, free of charge and perpetual licence to use the Project subject to the Specific Conditions specified in relation to each Project. For the avoidance of doubt, permissions are granted, free of charge to the organization to which the Registered User belongs and not to the individuals holding an Account. Therefore, if the individual holding the Account leaves the organization on behalf of which it has used a Project, neither the individual nor the new organisation for which he/she will work will be entitled to the licence in question and they shall not continue to use the Project.
  • Projects are provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall the Contributors be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with Projects or the use or other dealings in Projects.
Specific Conditions

When uploading a Project, the Contributor shall indicate whether the following uses are authorized or not. In case nothing is stated in relation to a Project, the most permissive use shall be applicable

  • Commercial Use
    Can the Project be used with a commercial purpose? It being understood that should such use be authorised by the Contributor under the Platform as part of the Specific Conditions, the Contributor shall not be entitled to receive any royalty or remuneration whatsoever
  • Redistribution
    Is the Registered User entitled to distribute and/authorize to third parties to use the Project on a commercial and/or non-commercial basis?
  • Modifications derivations
    • Is the Registered User authorised to modify the Project?
    • If modification is made, is the publication of the modification on the Platform required?
    • Is the Registered User authorised to make a Derivative Project?
  • Authorized Persons: What are the categories of Registered Users authorized to download the Project? There are four possibilities:
    • All Registered Users;
    • On a case-by-case basis (i.e. only those Registered Users which are granted access to the Project by the Contributor);
    • EBU Members only;
    • EBU Tech Working Groups participants only (in which case the working groups in question need to be specified).

FURTHER LEGAL PROVISIONS

Changes to the Terms of Use

The EBU reserves the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. In case of changes to these Terms of Use, Registered Users will be informed by email sufficiently in advance and if they disagree to the new Terms of Use, they shall cease to use the Platform.

When the EBU makes any updates to these Terms of Use, this fact will be highlighted on the Platform and the Registered Users will be informed in advance. In addition, if an account is registered and these Terms of Use are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), the Registered Users will be notified to the address email provided to the EBU and the revised Terms of Use will become effective after such notification.

Privacy and Data Protection

By using the Platform, all Registered Users agree that all personal data provided to the EBU in connection with their use of the Platform is collected, stored and used by the EBU for the purposes of operation the Platform and improving its operation.

In particular, Registered Users agree that the EBU may transmit to the Contributors information about their use of the Platform and the Projects consulted. Registered Data can be shared and transmitted only amongst Registered Users and the EBU.

Restrictions

The EBU offers access to the Platform and its functionalities to the Registered Users. Registered Users agree to comply with all applicable law, statutes and regulations regarding access to and use of the Platform and of the Projects.

Registered Users may access and view Projects on the Platform on their computer or other Internet connected device, including mobile devices and tablets, and but shall not use any Project outside the scope of the Authorised Scope without undertaking proper and appropriate further clearance process.

The EBU is entitled at any time to deny access to the Platform to any Registered User for any reason whatsoever.

Registered Users shall not:

  1. directly or indirectly, undermine the operation of the Platform;
  2. use the Platform for any illegal, unauthorised or otherwise improper purposes;
  3. modify any part of the Platform;
  4. use the Platform in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these terms of Use (including use of a Project in an unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable manner or in a way which violates any third party's IP Rights); or use the Platform in a way that unnecessarily interferes with the normal operation of the Platform or that consumes a disproportionate share of the resources of the Platform, or any component of it.

Term and Termination

Any Contributor wishing to cease to use the Platform acknowledges that the EBU shall remain entitled to continue to host the Derivative Projects thereof on the Platform and that the Derivative Projects can continue to be downloaded by Registered Users in accordance with the Raison d’Etre of the Platform.

The Contributors acknowledge that a Project which has been uploaded on the Platform can be removed discretionally and unilaterally by the Contributor or the EBU

If the Contributor and/or the EBU receive a formal injunction to do remove a given Project from the Platform, the Contributor concerned by the claim undertakes to provide the EBU and the Registered Users concerned all the necessary support in order to solve the claim and shall hold the EBU and the Registered Users concerned harmless. In case a Project is removed from the Platform, such removal shall in no case affect the possibility for the EBU to continue to make available any Derivative Project related thereto on the Platform and to provide the possibility to Registered Users to use it within its respective Permitted Scope.

EBU’s Role

The EBU's role is to provide the technology and management for the Platform. The agreement that governs the use of the Project made available by Contributors to the Platform is a direct relationship to be established only between a Contributor and the relevant User. The EBU cannot be held responsible if a Project is not used by Registered Users within the Permitted Scope. The EBU encourages Contributors and Users to resolve among themselves any and all disputes related to the use of the Platform. In case of disputes raised by third parties concerning a Contributor’s uploading of a Project to the Platform, the Contributor and the Registered User(s) concerned shall engage in good faith efforts to find an amicable solution in their joint benefit.

The EBU reserves the right, but does not have an obligation, to monitor and/or review all information and materials uploaded to or where authorized, downloaded from the Platform but the EBU is not responsible for any such information and materials uploaded by the Registered Users. However, the EBU reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the EBU sole discretion are objectionable or in violation of these Terms and Conditions, EBU policies or applicable law.

Disclaimer

The EBU does not warrant, represent or covenant that the Platform or the Projects, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. The EBU makes no warranty that the Platform will meet Registered Users' requirements or that the Project Registration Data or the Registration Data are correct, accurate and up to date. No advice, results or information, whether oral or written, obtained by Registered Users from the EBU or through the Platform shall create any warranty not expressly made herein. The EBU also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, the Registered Users’ computer equipment or other property on account of Registered Users’ access to, use of, or browsing in the Platform or the uploading or downloading (where possible) of any Project (such as materials, data, text, images, video, audio or software) on or from the Platform. If Registered Users’ are dissatisfied with the Platform, their sole remedy is to discontinue using the Platform.

Applicable law Jurisdiction

These terms of Use, including any use of the Platform, shall be governed by and interpreted in accordance with the laws of Switzerland. The courts of the Canton of Geneva, Switzerland shall have exclusive jurisdiction.


Do not hesitate to contact the EBU if additional information is required: dejong@ebu.ch and barroco@ebu.ch

5.10.2015