MuleForge Terms of Use

Introduction

These terms of use ("Terms") govern your use of this website and the MuleForge, an online directory of Mule extensions, together with its associated community of customers, developers, partners and users. As used in these Terms, the term "MuleForge" will also refer to its underlying technology platform. Among other things, the MuleForge allows you to post, test drive, review and install Mule extensions that integrate with the Mule platform.

These Terms are not intended to answer every question or address every issue raised by the use of the MuleForge, and MuleSource reserves the right to modify them at any time, effective upon the posting of modified Terms. We believe the MuleForge will evolve over time in ways we cannot predict. You are encouraged to review these Terms from time to time to keep apprised of any changes, and you agree to abide by these Terms as they may be modified. Any violation of these Terms may result in the suspension or termination of your ability to use the MuleForge or otherwise participate in the MuleForge community.

Some of these terms govern the behavior of users of applications posted on the MuleForge, some govern the behavior of creators of MuleForge applications, some govern the behavior of reviewers of MuleForge applications, and some are applicable to all. We urge you to read these Terms in their entirety to gain a more complete understanding of the details of the use policies, limitations and risks.

Posting of Applications

You are encouraged to submit applications and extensions to MuleSource for review and possible posting on the MuleForge. Details regarding how to submit applications for review can be found in the FAQ. MuleSource reserves the right, in its sole discretion and for any reason at any time, to refuse to post, or to suspend or remove, any application on the MuleForge.

As used in this section entitled "Posting of Applications," "you" or "your" shall include the company or other entity with which you are employed or otherwise affiliated, to the extent such entity owns or otherwise has rights in the application you are submitting for posting. You represent that you are authorized by your company to submit your application for posting.

Applications may be offered for free or for a fee, and pursuant to the default MuleForge free license set forth below in Appendix A or your own license. If you wish to offer your application pursuant to your own license, you must submit it to MuleSource for review along with the application. If you do not submit a proposed license, your application will be offered pursuant to the default MuleForge free license, whether your application is being offered for free or for a fee.

In consideration for MuleSource permitting you to post your application on the MuleForge (whether the application is offered for free or for a fee), you agree to the following:

1. You represent and warrant that you own or otherwise possess all intellectual property and other rights necessary to allow you to post your application on, and distribute it through, the MuleForge and to permit others to install and use your application.

2. You waive any intellectual property or other claims you may have now or in the future against MuleSource relating to the operation of the MuleForge (excluding claims relating to the content of individual applications), the offering by MuleSource of other parties' applications on the MuleForge, and the hosting by MuleSource of user reviews.

3. To the extent you possess now or in the future any copyright, patent or other intellectual property rights that may be infringed by the operation of the MuleForge itself (excluding the content of individual applications), you hereby grant to MuleSource a nonexclusive, worldwide, irrevocable, perpetual, transferable (only to a successor of MuleSource by way of merger, acquisition or corporate reorganization), fully paid-up, royalty-free license to all such rights with respect to the operation of the MuleForge as it may be modified from time to time.

4. You acknowledge that MuleSource and/or other parties may develop and post applications on the MuleForge that are similar to or otherwise compete with your application, and you agree not to make any copyright infringement claims against MuleSource related to its development and offering of such applications on the MuleForge, so long as they are developed independently of your application. In addition, you and MuleSource are free to use for any purpose residuals (meaning information retained in human memory without intentional memorization) resulting from access to each other's applications through the MuleForge (excluding any access requiring a monetary payment).

Installation and Use of Applications

The MuleForge allows you to download and install extensions and applications as desired. Your use of such extensions and applications will be governed by license terms defined in the project information. Please read the license terms carefully before using the project. Questions about the license terms of a provider other than MuleSource should be addressed to the provider directly.

Reviews

The MuleForge allows you to post reviews of applications you have used. In order for reviews to be useful to other users, they must be made in good faith after reasonable evaluation of the full application. Accordingly:

You may post only one review per application, unless the subsequent review reflects a good faith rating change based on further evaluation.

If you post a review of your own application, you must disclose your affiliation.

If you post a review of a competitor's application, you must disclose your affiliation.

MuleSource reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review on the MuleForge.

Content unrelated to a review of the relevant application - for example, discussing the employees, business or stock of MuleSource or other companies, or unrelated products or services - is prohibited. In addition, reviews may not contain content that:

is inconsistent with the permissible uses contemplated by these Terms;
is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;
is false, fraudulent or misleading;
violates applicable law, including any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
constitutes advertising or any other form of commercial solicitation; or
impersonates any other person or entity, including a MuleSource employee.

Posting of hypertext links to third-party sites is discouraged, unless relevant to the review (for example, a link to a publication containing a review of the relevant application).

MuleSource does not claim ownership of the content of reviews you post on the MuleForge. However, with respect to all such content, you hereby grant MuleSource a nonexclusive, worldwide, irrevocable, perpetual, transferable (only to a successor of MuleSource by way of merger, acquisition or corporate reorganization), fully paid-up, royalty-free to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed and to permit others to do so.

Trademarks

MuleSource, Mule, MuleForge and other marks of MuleSource used on the MuleForge site are owned by MuleSource and may not be used in any manner without MuleSource's express prior written consent. Usage of Mule and MuleSource logos is defined here: http://www.mulesource.com/usage.php.

Enforcement

MuleSource generally does not pre-screen, verify, edit or moderate the content of reviews posted by users in the MuleForge but may do so from time to time in its sole discretion. MuleSource and its agents reserve the right to investigate any violation of these Terms and to take appropriate remedial action. MuleSource has absolute discretion to enforce these Terms, including, but not limited to, warning users of violations, disabling or suspending privileges and/or access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms, or which is otherwise inappropriate, harmful, objectionable or inaccurate.

MuleSource may release information concerning your use of the MuleForge (including posted content, registration information, and network records) when it believes release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply these Terms; to protect MuleSource's rights or property; to protect against fraudulent, abusive or unlawful use of the MuleForge; or if MuleSource reasonably believes that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure.

Deliberate attempts by you or someone on your behalf to evade or circumvent the suspension or termination of your rights to use the MuleForge violates these Terms, constitutes an unlawful trespass to MuleSource's equipment and systems, and may result in legal action.

To report violations of these Terms, please email legal@mulesource.com with appropriate details, including your contact information.

Disclaimer of Warranties; Limitation of Liability

Many of the applications and much of the content posted on the MuleForge are provided by third parties like you. Such third-party content is the sole responsibility of the originator of that content. MuleSource is not responsible for any third-party content, whether or not it reviewed or moderated such content. You agree to indemnify and hold MuleSource and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, including reasonable attorneys fees, made by any third party arising out of applications or content you submit to or post on the MuleForge, your use of the MuleForge, your violation of these Terms, or your violation of any rights of a third party.

You agree that you bear all risks associated with using or relying upon applications and content on the MuleForge. MuleSource does not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of any applications or content on the MuleForge, regardless of who originated that content (including MuleSource employees, partners, affiliates or moderators), and hereby disclaims all express and implied warranties, including any implied warranties of merchantability or fitness for a particular purpose, relating to such applications or content. MuleSource shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any applications or content on the MuleForge.

Questions and Comments

If you have questions or comments about these Terms or the MuleForge in general, please refer to the FAQ or contact MuleSource via the "Contact" link on the home page.