171 | These Omniport developer terms of use (the "developer terms") 172 | are between the Information Managment Group ("IMG"), the 173 | individual or organisation managing the installation of Omniport 174 | in a given institution (the "local instance maintainers") and 175 | the individual or organisation (the "developer") agreeing to 176 | these terms. 177 |
178 |179 | These terms govern the developer's access to and usage of 180 | services and products provided by IMG including APIs, SDKs, 181 | scripts, tokens, sessions, data, information and documentation 182 | (the "platform"). 183 |
184 |185 | By choosing to use one or more of the platform's features in 186 | your application (the "app"), the developer agrees to be bound 187 | to these terms as a developer. If the developer uses the 188 | platform on behalf of another individual or organisation, the 189 | developer must have the authority to bind that entity to these 190 | terms, otherwise cease the use of the platform and its features 191 | entirely. 192 |
193 |200 | The developer will comply with all Omniport policies. The 201 | maintainers of the running instance of Omniport will, at their 202 | discretion, approve or deny any application submitted for 203 | review. 204 |
205 |The developer warrants that it will not (attempt to)
209 |227 | The maintainers in their infinite wisdom, may, in their own 228 | discretion, choose to 229 |
230 |253 | The platform and all of its services are open-source. The source 254 | code of these are accessible online. However there are a few 255 | components and apps of the platform that are not open-source and 256 | will never be. The developer must respect the licenses of all of 257 | these components. 258 |
259 |263 | To the extent the developer possesses or has access to any token 264 | issued by the platform, the developer must 265 |
266 |The developer must
318 |The developer is responsible for
341 |365 | The maintainers grant the developer a non-exclusive, 366 | non-transferable, non-sublicenseable, revocable license to use 367 | the Omniport marks solely to promote the app, provided that 368 | developer may not imply that the maintainers created, support, 369 | or endorse the app in any way pertaining to 370 | §4. 371 |
372 |373 | This license is subject to these terms, applicable law, and the 374 | Omniport branding guide. All goodwill derived from the 375 | developer’s use of the Omniport marks will inure to the sole 376 | benefit of the platform. 377 |
378 |379 | The developer also agrees not to contest or aid in contesting 380 | IMG's rights in, or the validity of, the Omniport marks. 381 |
382 |386 | The developer must grant to the maintainers a non- exclusive, 387 | non-transferable license to use the app marks and descriptive 388 | materials that developer publishes about the app or the 389 | developer's use of the platform. This license is limited to the 390 | maintainers promoting their products or services and 391 | acknowledging or promoting developer's use of the platform. 392 |
393 |394 | The license is subject to applicable law and any trademark usage 395 | guidelines that the developer provides to the maintainers, 396 | except to the extent the trademark usage guidelines require 397 | further permission for the uses described above or conflict with 398 | these terms. 399 |
400 |404 | Omniport reserves all right, title and interest in the marks 405 | pertaining to the platform. Equivalently the developer reserves 406 | all right, title and interest pertaining to the app. 407 |
408 |409 | Except as explicitly set forth herein, the terms do not grant 410 | anyone any right in another entity's marks or other intellectual 411 | property. 412 |
413 |417 | The maintainers and the developer may disclose confidential 418 | information to each other. The receiving party may use the 419 | disclosing party’s confidential information only to exercise its 420 | rights and perform its obligations under these terms. 421 |
422 |423 | The receiving party must use a reasonable degree of care to 424 | protect confidential information. The receiving party will not 425 | disclose confidential information to any third party except to 426 | its employees, agents, or third party contractors who need to 427 | know it and if they are bound by terms at least as restrictive 428 | as those in these terms. 429 |
430 |431 | Confidentiality obligations do not apply to the extent the 432 | information 433 |
434 |452 | A party may disclose confidential information to the extent it 453 | is compelled to do so by law if it provides reasonable prior 454 | notice to the other party, unless a court orders that the other 455 | party not be given notice. Upon written request, the receiving 456 | party will promptly return all confidential information and 457 | copies to the receiving party, or certify in writing that it has 458 | destroyed all such materials. Breach of this section could cause 459 | the disclosing party irreparable harm, and the disclosing party 460 | may seek immediate equitable relief, in addition to other rights 461 | and remedies it may have. 462 |
463 |467 | These terms will remain in force unless terminated as stipulated 468 | in the subsections below. 469 |
470 |474 | IMG may terminate these terms or suspend developer’s access to 475 | all or any part of the platform 476 |
477 |511 | The developer may terminate these yerms at any time by ceasing 512 | all use of the platform (including use by the apps) and by 513 | either 514 |
515 |522 | Leaving the app running without any active member left on the 523 | team does not constitute termination on part of the 524 | developer because the app will still be active and will be under 525 | the responsibility of the developer. 526 |
527 |If these terms are terminated
531 |
547 | The following terms will survive the termination of the
548 | agreement
549 |
550 |
551 | §1.2, §1.3, §3, §5 - §15
552 |
553 |
The developer represents and warrants that
558 |578 | The developer will indemnify, defend and hold Dropbox and its 579 | affiliates harmless from all costs and expenses arising from any 580 | third party claim relating to any breach or omission on the 581 | developer's part in upholding these terms. 582 |
583 |587 | The Omniport service, platform and software are provided "as 588 | is", at your own risk, without express or implied warranty or 589 | condition of any kind. IMG and the local instance maintainers 590 | disclaim any warranties of title, merchantability, fitness for a 591 | particular purpose or non-infringement. 592 |
593 |597 | To the fullest extent permitted by law, in no event will 598 | Omniport, IMG, the local instance maintainers, their affiliates, 599 | or agents be liable for 600 |
601 |615 | To the fullest extent permitted by law, the maximum liability of 616 | aggregate liability of all aforementioned parties will not 617 | exceed 0 (zero, zilch, nada, nil) in the currency of 618 | your choice. 619 |
620 |624 | IMG may revise these terms from time to time. If, in the 625 | maintainers' sole discretion, a revision is material, they will 626 | notify the developer by emailing the email address associated 627 | with the developer's account. In the event of a material 628 | revision, if developer does not agree to the revised terms, it 629 | may terminate the terms within 30 days of receiving notice of 630 | the revision. If a revision is not material, the maintainers 631 | will post the revised terms on its website, and the developer is 632 | responsible for checking these postings regularly. By continuing 633 | to access or use the platform after revisions become effective, 634 | developer agrees to be bound by the revised terms. 635 |
636 |640 | None of the parties on the side on IMG including, but not 641 | limited to, affiliates, agents and local instance maintainers 642 | will ever indulge a dispute unless explicitly expressing an 643 | intention to do so which has about the same chance as a snowball 644 | in hell given that IMG is a student organisation running an 645 | awesome non-profit project to make every college on a planet a 646 | technology-enhanced place. 647 |
648 |652 | These developer terms constitute the entire and exclusive 653 | agreement between the developer and IMG with respect to the 654 | platform, and supersede and replace any prior or contemporary 655 | agreements, terms, and conditions applicable to the platform. 656 | These terms do not create third-party beneficiary rights. IMG's 657 | failure to ensure a provision is not a waiver of its right to do 658 | so later. 659 |
660 |661 | IMG and the developer are not partners, affiliates or agents but 662 | the relationship is deemed to be that of independent 663 | contractors. 664 |
665 |666 | Notices to IMG are to be sent via email, courier or mail and are 667 | deemed given when received. Notices to the developer are to be 668 | sent via email, courier or mail are and deemed given when sent. 669 |
670 |IMG can be reached at
671 |
672 | Information Management Group,
673 |
674 | Institute Computer Centre,
675 |
676 | Indian Institute of Technology Roorkee,
677 |
678 | Roorkee - 247667, Haridwar District,
679 |
680 | Uttarakhand, India (IN)
681 |
682 | attn.: Chief coordinators
683 |
688 | In addition to the definitions in the 689 | §0 690 | of the terms, the following definitions are to be understood in 691 | context of the terms expressed above. 692 |
693 |