OpenAirInterfaceTM (OAI) Software Alliance is pleased to provide access to our website and related materials (collectively, the “Site”). Your use of the Site is subject to the binding legal agreement set forth below (the “Terms”).
BY USING THE SITE, YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE, DO NOT USE THE SITE FOR ANY PURPOSE.
HOW YOU CAN USE THE SITE
Generally, the Site is made available only for personal, non-commercial use. You are permitted to make a single, temporary copy of materials made available to you through the Site but only for your personal, non-commercial use. You may not modify, reformat, copy, display, distribute, transmit, broadcast, publish, license, create derivative works from, transfer or sell any materials made available to you through the Site. Additionally, you shall not:
- interfere with others’ use of the Site or act in a way that negatively affects other users’ enjoyment of the Site;
- upload, post, email, transmit or otherwise use any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Site, users’ ability to enjoy the Site, or the proper functioning of any software, hardware or equipment or materials used in connection with the Site;
- circumvent access controls or attempt to gain access to portions of the Site which you are not authorized to access;
- use or exploit any errors in design, features which have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by OSA;
- harass, stalk, threaten or abuse other people when using the Site in any manner;
- send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Site;
- frame or mirror any part of the Site without our express prior written consent;
- use a false identity or impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with OSA;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
- create a database by systematically downloading and storing content from the Site;
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather information, content or other materials from the Site or reproduce or circumvent the navigational structure or presentation of the Site;
- intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
- attempt any of the above acts or engage or permit another person to do any of the above acts; or
- use the Site other than in accordance with these Terms.
TERMS SUBJECT TO CHANGE
We can change these Terms at any time, and your continued use of the Site after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Site. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, DO NOT ACCESS OR USE THE SITE IN ANY MANNER FOR ANY PURPOSE.
We reserve the right, in our sole discretion, to modify or discontinue, temporarily or permanently, all or any part of the Site, at any time and for any reason and without notice, including, but not limited to:
- restricting the time all or any part of the Site is available;
- restricting the amount of use all or any part of the Site is permitted;
- restricting or terminating any user’s right to use all or any part of the Site.
We reserve the right to suspend or terminate use of the Site by anyone:
- who does not follow these Terms, but we have no obligation to do so;
- if there is an emergency or we need to perform some maintenance on the Site; or
- for any other reason, in our sole discretion.
You agree that we are not liable to you (or any third party making claims through you) for any termination, suspension, restriction, modification, or discontinuance of the Site.
PRIVACY AND DATA PROTECTION
With the exception of personal information, which may be protected by applicable privacy and data protection laws, any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the posting or transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose as detailed in our Privacy Notice.
In order to access some features of the Site, you may be required to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although OSA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of OSA or others due to such unauthorized use.
USER CONTENT / SUBMISSIONS TO THE SITE
In connection with the Site, users may be allowed to upload, post, email, transmit or otherwise make available other content or material (any such content or material is referred to herein as “Content”). Generally, we do not screen, monitor, verify, review or edit Content before it appears on the Site. You understand that we are not responsible for the truth, completeness, objectivity, or usefulness of any Content, nor do we endorse any Content. We retain the right, in our sole discretion, to monitor or remove any Content at any time and without notice, but we have no obligation to do so.
If you upload, post, email, transmit or otherwise make available any Content in connection with the Site, you guarantee, represent and warrant to us that:
- You have legal rights to upload, post, e-mail, transmit or otherwise make available such Content and doing so does not and will not violate any law or the rights of any person;
- While you or the rightful owner of the Content retain all ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right and license to use, reproduce, distribute, modify, display, publicly perform, communicate, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you or any other person;
- You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; is prohibited by law; or is defamatory, libelous, or invades or breaches another person’s privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party; and
- You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available in connection with the Site.
The Site may contain links to other websites, applications or content, which links may appear to such other websites, applications or content hosted or provided by third parties into the interface of the Site. Your use of any such other website, application or content is subject to the legal terms and privacy policies established by such third parties. OSA is not able to control these third party websites, applications or content, and assumes no responsibility for their subject matter, legal terms, privacy policies or practices. The provision of links to third party websites, applications or content should not be interpreted as endorsement or approval by OSA of the any such third parties or their products or services. By using the Site, you expressly relieve OSA from any and all liability arising from your use of any third-party websites, applications or content.
The Site is owned by OSA (or its licensees, as applicable) and is protected by applicable law, with all rights reserved. Except for the limited permission to use the Site for your personal, non-commercial use set forth above, when you use the Site you are not receiving a license or any other rights, including any intellectual property or other proprietary rights, from OSA.
OSA, the OSA logo, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this website, unless otherwise noted, are service marks, trademarks and/or trade dress of OSA Corporation (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SITE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD OSA AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’/SOLICITORS’ FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR ACCESS TO OR USE OF THE SITE OR YOUR VIOLATION OF THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OSA DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, APPLICATIONS, CONTENT AND OTHER MATERIAL (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, CONTENT AND OTHER MATERIAL) INCLUDED IN OR ACCESSIBLE FROM THE SITE. YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY INFORMATION OR MATERIAL YOU DOWNLOAD FROM THE SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, APPLICATIONS, CONTENT AND OTHER MATERIAL (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, CONTENT AND OTHER MATERIAL) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT OSA MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT OSA DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OSA BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO ANY USE, INABILITY TO USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, EVEN IF OSA HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
INFRINGING OR OBJECTIONABLE CONTENT
If you would like to make a complaint because you believe content on the Site is objectionable or infringes copyright or any other rights, you may contact us at:
contact (at) openairinterface (dot) org
Your complaint should:
- specify the content which you allege is infringing or objectionable;
- provide an explanation of why you believe the content is infringing or objectionable; and
- provide your contact details.
Specifically, in relation to alleged infringement of copyright, your complaint must include the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at such site;
- identification of the material that is claimed to be infringing or to be the subject f infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the provider to locate the material;
- information reasonably sufficient to permit the provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification of alleged copyright infringement, OSA shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After OSA removes or disables access to such material, if such material was posted by a user of the Site, OSA will notify the party that posted the material of its action. Such party may then provide OSA’s designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing material, which OSA will forward to the alleged copyright owner. OSA will inform the alleged copyright owner that OSA will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to OSA ‘s designated agent stating that it has filed suit against the alleged infringer.
An effective counter notification must be sent to OSA ’s designated agent, whose name and address are listed above. The notice must include the following information:
- The counter-notifying party’s physical or electronic signature;
- Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
- A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where OSA is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided OSA with notification or an agent of such a person.
If you are dissatisfied with our handling of your complaint, you may have the right to escalate it to appropriate officials in your jurisdiction.
These Terms are the entire agreement between you and OSA. They supersede any and all prior or contemporaneous agreements between you and OSA relating to your use of the Site.
OSA’s failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. Any waiver by OSA must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by OSA of any breach of any provision of these Terms or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.
These Terms are governed by and shall be construed in accordance with the laws of France, without giving effect to any principles of conflicts of law; provided, however that no law, theory, or public policy shall be given effect which would undermine, diminish, or reduce the effectiveness of the waiver of damages provided in the paragraph above titled “LIABILITY DISCLAIMER,” it being our express intent, understanding, and agreement that such waiver is to be given the fullest effect, notwithstanding the negligence (whether sole, joint, or concurrent), gross negligence, willful misconduct, strict liability, or other legal fault of OSA or any other person.
The Site is owned and operated by OSA. All references in these Terms to “OSA”, “we”, “us”, “our” and like terms should be interpreted to cover OSA.
If you have any questions regarding these Terms or any other matter, you may contact us by emailing us at contact (at) openairinterface (dot) org.
We reserve the right to monitor your communications with us whether by voice, fax, email or any other form of transmission for the purposes of quality control, security and other business needs.