Developer terms of use ====================== Preamble -------- These Omniport developer terms of use (the "developer terms") are between the Information Managment Group ("IMG"), the individual or organisation managing the installation of Omniport in a given institution (the "local instance maintainers") and the individual or organisation (the "developer") agreeing to these terms. These terms govern the developer's access to and usage of services and products provided by IMG including APIs, SDKs, scripts, tokens, sessions, data, information and documentation (the "platform"). By choosing to use one or more of the platform's features in your application (the "app"), the developer agrees to be bound to these terms as a developer. If the developer uses the platform on behalf of another individual or organisation, the developer must have the authority to bind that entity to these terms, otherwise cease the use of the platform and its features entirely. OAuth2 applications ------------------- Use of the platform +++++++++++++++++++ The developer will comply with all Omniport policies. The maintainers of the running instance of Omniport will, at their discretion, approve or deny any application submitted for review. Prohibited actions ++++++++++++++++++ The developer warrants that it will not (attempt to) - violate, encourage or facilitate the violation of Omniport's acceptable use policy. - use or alter the portal, or any element thereof without explicit consent from the maintainers. - mislead users to collect, alter, use or delete user data without the explicit consent of the user. Platform usage ++++++++++++++ The maintainers in their infinite wisdom, may, in their own discretion, choose to - review and monitor the platform including detailed analytics of various sections of the platform, but are not obligated to do so. Omniport is not responsible for data and content accessible via the platform. - restrict any developer's use of the platform. The developer may reach out to the maintainers in case the restrictions are not fair. However the developer is not to circumvent these restrictions. - issue updates to the platform from time to time, not all of which will be backwards compatible. Any applications using the API endpoints may need to be reworked. Open-source +++++++++++ The platform and all of its services are open-source. The source code of these are accessible online. However there are a few components and apps of the platform that are not open-source and will never be. The developer must respect the licenses of all of these components. Security -------- To the extent the developer possesses or has access to any token issued by the platform, the developer must - prevent loss, theft, damage or unauthorised access to any bit of user data and tokens using no less than the industry standard security measures. - maintain a comprehensive security program based on reasonable organizational, physical, and technical security controls. - use secure communication protocols such as SSL or TLS and Hypertext Transfer Protocol Secure (HTTPS) enabled by default for any data that is transmitted to and from the platform. - promptly report to the maintainer any known or suspected security breach involving the platform and provide reasonable assistance to the maintainers to patch the breach. n the event of a security breach, prior to issuing any public statements or responses to third party inquiries, the developer will work in good faith with the maintainers to coordinate a statement or response, unless prohibited by law. - require the user to be authenticated via the OAuth2 flow before accessing the data. - not copy, use, or store any login credentials (including name, email address, password, and access tokens) except as necessary in connection with the initial user authentication; provided that developer will only store login credentials within the app and will promptly delete login credentials once the user has completed the initial authentication. - not collect any login credentials from or allow users to input any login credentials into any user interface other than the platform login page, as described in the documentation. - not impersonate the Omniport login page in any way, not use a custom login page as a proxy or use a layout or design anywhere on your site that may lead the user to believe they are on the platform. User data --------- The developer must - ensure that data is collected, used, processed, transmitted and maintained in compliance with a privacy policy that is made available to users and that clearly and accurately describes the data that is collected and how it is used by the developer and by any third party that is privy to this information or any additional information generated from it. - notify the users of its responsibility in maintaining the privacy, security and integrity of the data that is collected or accessed by the developer. - never override the users' instructions, preferences or authorisations in the use or disclosure of their data. Other platforms and users ------------------------- The developer is responsible for - respecting the terms and conditions for all the platforms and operating systems on which the app is distributed and used. - ensuring that all queries, complaints and feedback of the users pertaining to the app is addressed by the developer and is not targeted or redirected to the maintainers. - making it clear that the app, although integrated with the platform is not a part of it and that the maintainers do not, in any way, endorse or condone any action undertaken by the app or the developer. Intellectual property --------------------- Omniport trademark license ++++++++++++++++++++++++++ The maintainers grant the developer a non-exclusive, non-transferable, non-sublicenseable, revocable license to use the Omniport marks solely to promote the app, provided that developer may not imply that the maintainers created, support, or endorse the app in any way pertaining to `Other platforms and users`_. This license is subject to these terms, applicable law, and the Omniport branding guide. All goodwill derived from the developer’s use of the Omniport marks will inure to the sole benefit of the platform. The developer also agrees not to contest or aid in contesting IMG's rights in, or the validity of, the Omniport marks. Developer trademark license +++++++++++++++++++++++++++ The developer must grant to the maintainers a non- exclusive, non-transferable license to use the app marks and descriptive materials that developer publishes about the app or the developer's use of the platform. This license is limited to the maintainers promoting their products or services and acknowledging or promoting developer's use of the platform. The license is subject to applicable law and any trademark usage guidelines that the developer provides to the maintainers, except to the extent the trademark usage guidelines require further permission for the uses described above or conflict with these terms. Reservation of rights +++++++++++++++++++++ Omniport reserves all right, title and interest in the marks pertaining to the platform. Equivalently the developer reserves all right, title and interest pertaining to the app. Except as explicitly set forth herein, the terms do not grant anyone any right in another entity's marks or other intellectual property. Confidentiality --------------- The maintainers and the developer may disclose confidential information to each other. The receiving party may use the disclosing party’s confidential information only to exercise its rights and perform its obligations under these terms. The receiving party must use a reasonable degree of care to protect confidential information. The receiving party will not disclose confidential information to any third party except to its employees, agents, or third party contractors who need to know it and if they are bound by terms at least as restrictive as those in these terms. Confidentiality obligations do not apply to the extent the information - was known to the receiving party without restriction before receipt from the disclosing party - is publicly available through no fault of the receiving party - is rightfully received by the receiving party from a third party without a duty of confidentiality - is independently developed by the receiving party without access to Confidential Information. - A party may disclose confidential information to the extent it is compelled to do so by law if it provides reasonable prior notice to the other party, unless a court orders that the other party not be given notice. Upon written request, the receiving party will promptly return all confidential information and copies to the receiving party, or certify in writing that it has destroyed all such materials. Breach of this section could cause the disclosing party irreparable harm, and the disclosing party may seek immediate equitable relief, in addition to other rights and remedies it may have. Termination ----------- These terms will remain in force unless terminated as stipulated in the subsections below. Termination by IMG ++++++++++++++++++ IMG may terminate these terms or suspend developer’s access to all or any part of the platform - if the developer is in material breach of these terms and fails to cure that breach within 30 days after receipt of written notice. - if IMG is required to do so by the law of the land or by ethical and moral principles. - if ING ceases to offer any products or services covered by these terms. - if IMG determines or has reason to believe the developer or the app may cause harm or loss to the platforn or to any of the platform's users, or the developer or the app is or will be a threat to to the platforn or to any of the platform's users. - for any other reason with 30 days prior written notice to the developer. - in order to assess or address any imminent or potential security threat. Termination by the developer ++++++++++++++++++++++++++++ The developer may terminate these yerms at any time by ceasing all use of the platform (including use by the apps) and by either - deleting the app if the developer is the sole developer. - leaving the team if there are others on the app team. - Leaving the app running without any active member left on the team does not constitute termination on part of the developer because the app will still be active and will be under the responsibility of the developer. Effect of termination +++++++++++++++++++++ If these terms are terminated - the rights granted by IMG to the developer will cease immediately. - the developer will cease all use, operation, support, promotion, and distribution of the the app and the platform. - the developer may lose all access to any content, material or information that the developer has provided to IMG regarding the app or the platform. The following terms will survive the termination of the agreement - `Prohibited actions`_ - `Platform usage`_ - `User data`_ - `Intellectual property`_ - `Definitions`_ Warranties ---------- The developer represents and warrants that - all information that the developer provides to the maintainers is true, accurate and complete. - the developer has the full right, power and authority to make, distribute and operate the app, use the platform and to enter into these terms. - the developer, the app, its use and its use of the platform will not violate the intellectual property rights, or other rights of others, or violate any laws. Indemnity --------- The developer will indemnify, defend and hold Dropbox and its affiliates harmless from all costs and expenses arising from any third party claim relating to any breach or omission on the developer's part in upholding these terms. Disclaimer ---------- THE OMNIPORT SERVICE, PLATFORM AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. IMG AND THE LOCAL INSTANCE MAINTAINERS DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Limitation of liability ----------------------- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OMNIPORT, IMG, THE LOCAL INSTANCE MAINTAINERS, THEIR AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF DATA, USE, BUSINESS OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY. LOSS OF DATA, USE, BUSINESS OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT) EVEN IF IMG AND THE LOCAL INSTANCE MAINTAINERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM LIABILITY OF AGGREGATE LIABILITY OF ALL AFOREMENTIONED PARTIES WILL NOT EXCEED 0 (ZERO, ZILCH, NADA, NIL) IN THE CURRENCY OF YOUR CHOICE. Modification ---------------- IMG may revise these terms from time to time. If, in the maintainers' sole discretion, a revision is material, they will notify the developer by emailing the email address associated with the developer's account. In the event of a material revision, if developer does not agree to the revised terms, it may terminate the terms within 30 days of receiving notice of the revision. If a revision is not material, the maintainers will post the revised terms on its website, and the developer is responsible for checking these postings regularly. By continuing to access or use the platform after revisions become effective, developer agrees to be bound by the revised terms. Disputes -------- None of the parties on the side on IMG including, but not limited to, affiliates, agents and local instance maintainers will ever indulge a dispute unless explicitly expressing an intention to do so which has about the same chance as a snowball in hell given that IMG is a student organisation running an awesome non-profit project to make every college on a planet a technology-enhanced place. Miscellaneous ------------- These developer terms constitute the entire and exclusive agreement between the developer and IMG with respect to the platform, and supersede and replace any prior or contemporary agreements, terms, and conditions applicable to the platform. These terms do not create third-party beneficiary rights. IMG's failure to ensure a provision is not a waiver of its right to do so later. IMG and the developer are not partners, affiliates or agents but the relationship is deemed to be that of independent contractors. Notices to IMG are to be sent via email, courier or mail and are deemed given when received. Notices to the developer are to be sent via email, courier or mail are and deemed given when sent. IMG can be reached at :: INFORMATION MANAGEMENT GROUP, INSTITUTE COMPUTER CENTRE, INDIAN INSTITUTE OF TECHNOLOGY ROORKEE, ROORKEE - 247667, HARIDWAR DISTRICT, UTTARAKHAND, INDIA (IN) ATTN.: CHIEF COORDINATORS Definitions ----------- In addition to the definitions in the `Preamble`_ of the terms, the following definitions are to be understood in context of the terms expressed above. ==================================== =================================================================================== Terms Definition ==================================== =================================================================================== user Any customer or user of the platform and the app marks All trademarks, service marks, logos, icons, trade names or stylisations used to identify the party, its products or services policies All policies and requirements set forth on the Omniport website or portal or documentation user data Any data that users of the platform upload to or create on it confidential information If referring to the developer, the app confidential information and if referring to IMG, the Omniport confidential information Omniport confidential information Any code, inventions, know-how, user data, or business, technical or financial information that Omniport discloses to developers app confidential information Any information that the developer discloses to Omniport that a reasonable person would consider confidential under the circumstances ==================================== =================================================================================== |