Fraunhofer USA Center Mid-Atlantic CMA
Fraunhofer USA Center Mid-Atlantic CMA

Terms of Service

Welcome to the Fraunhofer USA Center for Experimental Software Engineering Internet website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms Of Service and conditions which govern the Fraunhofer USA CMA relationship with you in relation to this website. The services that www.fraunhofer.org provides to you are subject to the following Terms Of Service. Fraunhofer USA CMA reserves the right to update these Terms Of Service or its website at any time without notice to you. The most current version of the Terms Of Service can be reviewed by clicking on the "Terms Of Service" hypertext link located at the bottom of our Web pages. 

DESCRIPTION OF SERVICES 

Through its network of Web properties, www.fraunhofer.org provides you with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms Of Service. 

PERSONAL AND NON-COMMERCIAL USE LIMITATION 

Unless otherwise agreed in a separate written document signed by an authorized representative of Fraunhofer USA CMA, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. 

PRIVACY AND PROTECTION OF PERSONAL INFORMATION 

See the Privacy Policy Statement disclosures relating to the collection and use of your information. 

General Disclaimer, Limitation of Liability

THIS WEBSITE AND ALL CONTENT ON THE WEBSITE ARE INTENDED TO BE A GENERAL INFORMATION RESOURCE AND PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS.  FRAUNHOFER USA CMA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES IN REGARD TO THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, DATA, APPARATUS, PRODUCT OR PROCESS (HEREINAFTER COLLECTIVELY REFERRED TO AS “INFORMATION”) DISCLOSED ON OR AVAILABLE THROUGH THIS WEBSITE.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.

FRAUNHOFER USA CMA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.  USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRAUNHOFER USA CMA DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE LIABLE TO ANY USER OR ANYONE ELSE FOR LOSSES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY ACCESS TO, USE OF, ATTEMPTED USE OF OR INABILITY TO USE THE WEBSITE AND/OR THE INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE WEBSITE, EVEN IF FRAUNHOFER USA CMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

MEMBER ACCOUNT, PASSWORD, AND SECURITY 

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are solely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely responsible for all activities that occur under your account. You agree to notify Fraunhofer USA CMA immediately of any unauthorized use of your account or any other breach of security. Fraunhofer USA CMA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Fraunhofer USA CMA or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. 

NO UNLAWFUL OR PROHIBITED USE 

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms Of Service, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Fraunhofer USA CMA server, or the network(s) connected to any Fraunhofer USA CMA server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any www.fraunhofer.org server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. 

USE OF SERVICES 

The Services may contain e-mail notifications, bulletin board services, service groups, forums, communities, customized web pages, calendars, files and/or other message or communication facilities designed to enable you to communicate and/or share information with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Fraunhofer USA CMA has no obligation to monitor the Communication Services. However, Fraunhofer USA CMA reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Fraunhofer USA CMA reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. 

Fraunhofer USA CMA reserves the right at all times to disclose any information as Fraunhofer USA CMA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of Fraunhofer USA CMA. 

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Fraunhofer USA CMA does not control or endorse the content, messages or information found in any Communication Services and, therefore, Fraunhofer USA CMA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Fraunhofer USA CMA spokespersons, and their views do not necessarily reflect those of Fraunhofer USA CMA. 

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. 

MATERIALS PROVIDED TO OR POSTED AT ANY WEB SITE

Fraunhofer USA CMA does not claim ownership of the materials you provide to www.fraunhofer.org (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Fraunhofer USA CMA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Fraunhofer USA CMA Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. 

No compensation will be paid with respect to the use of your Submission, as provided herein. Fraunhofer USA CMA is under no obligation to post or use any Submission you may provide and Fraunhofer USA CMA may remove any Submission at any time in its sole discretion. 

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms Of Service of Service including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms Of Service and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms Of Service , and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms Of Service , including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Image available to members of such private community), and/or (b) to the general public (for each such Image available anywhere on the Fraunhofer USA CMA website, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms Of Service , of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Fraunhofer USA CMA website, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

Monitoring

This website is monitored to assure proper operation, to verify the functioning of applicable security features, and for other business-related purposes.  Anyone using this website expressly consents to such monitoring.  Unauthorized attempts to modify any information stored on this website, to defeat or circumvent security features of this website or to use this website or the Information contained on or available through this website in an unlawful or inappropriate manner may result in civil liability and/or criminal prosecution.

Proprietary Rights

Fraunhofer USA CMA is the sole owner of all right, title and interest in and to the website and its content.  You agree not to exploit for any commercial purpose, any portion of is website or its content other than as expressly authorized by Fraunhofer USA CMA in writing.  Use of its website is your acknowledgment and agreement that is website and the content are the exclusive property of Fraunhofer USA CMA.

Trademarks & Copyright

Unauthorized use of any Fraunhofer USA CMA trademark, service mark or logo are prohibited and may be a violation of federal and state trademark laws.  This website is protected by international copyright laws.  Except for your use as authorized in this Agreement, you may not modify, reproduce or distribute the content, design or layout of this website, or individual sections of the content, design or layout of this website, without the prior written permission of Fraunhofer USA CMA.

Links to Other Sites

Users may through hypertext or other computer “links” gain access to other sites on the internet that are not part of this website and over which Fraunhofer USA CMA has no control.  Fraunhofer USA CMA provides these links to other websites as a convenience and use of these sites is at your own risk.  When you link to another site, you are no longer in this website and are subject to the privacy policy, if any, of the linked site.  Fraunhofer USA CMA is not responsible for the content available on any other sites.  Such links do not imply the endorsement by Fraunhofer USA CMA of information or content on any other site and Fraunhofer USA CMA disclaims all liability associated with your access to and use of such linked sites.

Contact

If you have any questions or concerns regarding these Terms of Service, please contact us.