Welcome as a user of Vaadin’s website or as a registered community member. Your participation is valued, and we are looking forward to having you working together with us. These Vaadin Community Terms are applied to all non-commercial products, services and information offered for free on the vaadin.com website.
1. GENERAL PROVISIONS AND SCOPE OF APPLICATION
The non-commercial products, services and information available through vaadin.com (“Service” or “Services”) are provided by Vaadin Ltd (“Vaadin” or “we”), with Finnish Business ID 1613563-9, located at Lemminkäisenkatu 3, 20520 Turku, Finland, or its affiliates and subcontractors.
These Vaadin Community Terms (“Terms”) control the relationship between Vaadin and you as a Service user and/or registered Vaadin community member (“you”). By using the Services, you are agreeing to these Terms as well as to Vaadin’s Privacy Policy.
Vaadin makes software available for download in the Service. Such software is always subject to separate license terms and conditions.
Vaadin also provides commercial products, services and information to its customers, including subscription fee-based products and services as well as consulting services. Separate Vaadin Commercial Terms and Conditions are applied to such commercial products and services provided against payment.
2. USING THE SERVICE
These Terms give you the right to access and use the Service for familiarizing yourself with Vaadin Framework, Vaadin Platform as well as other Vaadin products and materials (collectively “Vaadin Technologies”), exchanging information regarding Vaadin Technologies, sharing components and other contributions related to Vaadin Technologies, and downloading Vaadin Technologies and related components, and you agree not to use the Service for any other purposes. As regards the Vaadin Start software service, you are entitled to use it as set out in Section 8 below.
You may use the Service only as permitted by law and these Terms. You may not submit any content that violates or infringes any laws or the rights of others or is otherwise harmful. Vaadin may stop providing the Services to you if you do not comply with these Terms or we are investigating suspected misuse.
3. REGISTRATION
While many of the Services are available without a registration, some Services require a registration. When you register, you will create a personal user account with a username and password. You should protect your username and password against misuse and keep them personal. You must promptly notify Vaadin about any unauthorized use.
4. GENERAL PROVISIONS ON SERVICE CONTENT
All Service users have the right to submit content in the Service. This means that the Service displays information and materials submitted both by Vaadin and Service users. All intellectual property rights related to Vaadin Technologies or other content submitted by Vaadin remain with Vaadin.
Using the Service does not give you ownership of any intellectual property in the Service or the content you access, if not expressly otherwise stated in these Terms. Before using any content from the Service, always ensure that you comply with any applicable license terms and conditions specified by the content owner or otherwise obtain the content owner’s consent to your use of the content in question.
When using the Service, you must evaluate the content in the Service carefully and bear all risks related to any content and take the full responsibility of the use of any content in the Service.
Vaadin may monitor any content in the Service, and we may moderate, remove or refuse to display any content in the Service at our sole discretion. This does not mean that we necessarily review any content, so do not assume that we do.
5. YOUR SUBMISSIONS TO THE SERVICE
“Member Materials” means all materials that you as a community member provide or post, upload, input or submit for public display through the Service.
When you submit Member Materials to the Service, you are entirely responsible for that content, and you agree not to submit any unlawful content, content violating any intellectual property rights or otherwise inappropriate content. This responsibility continues even if you stop using our Services.
When you submit Member Materials to the Service, you retain ownership of any intellectual property right that you hold in such content. So that Vaadin can make the Services available to its community members, you grant Vaadin a worldwide, perpetual, irrevocable, fully paid up and unlimited license to use, store, reproduce, modify, create derivative works, communicate, publish, distribute and otherwise utilize the Member Materials. This license continues even if you stop using our Services. You represent and warrant that you have the legal right to transfer to and grant Vaadin the rights set out in this paragraph. Please always make sure you have all the necessary rights to any content you submit to the Service.
As regards software that you publish in the Service, you may specify separate license terms and conditions as set out under Section 7 below.
6. SOFTWARE AVAILABLE FOR DOWNLOAD
There is software available for download in the Service, such as Vaadin Technologies, related integration components, Vaadin add-on components, and third-party software components.
Downloading software does not give you ownership of any intellectual property in the downloaded software. You may use the downloaded software only under the license chosen by the publisher of the software.
7. PUBLISHING SOFTWARE
Any registered Service user or Vaadin can upload and publish software in the Service. If the publisher is a business, the business must be registered on the vaadin.com website with a normal user account.
Before uploading new software to the Service, you (as the publisher) agree to test the software properly, choose a license under which the software is licensed to users, list all dependencies of the software, including package name, web link and license information, and fill the requested information of the software in the Vaadin Add-On information page. As the publisher, you may set a maturity level for the software.
You (as the publisher) must select one or more of the following licenses for the software, under which the software is made downloadable from the Service:
- Public Domain
- Apache License 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
- BSD (https://opensource.org/licenses/bsd-license.php)
- GNU Lesser General Public License V3 (http://www.gnu.org/licenses/lgpl-3.0.html)
- GNU General Public License V3 ( http://www.gnu.org/licenses/gpl-3.0.html )
- GNU Affero General Public License V3 (http://www.gnu.org/licenses/agpl-3.0.html)
- Eclipse Public License - v 1.0 (http://www.eclipse.org/org/documents/epl-v10.php)
You (as the publisher) may edit software published by you, publish upgrades or new versions of such software and remove such software, or its old versions, from the Service.
8. VAADIN START SOFTWARE SERVICE
As part of the Services, Vaadin makes its Vaadin Start (start.vaadin.com) software-as-a-service tool ("Software Service”) available to you. By using the Software Service and/or registering as a Software Service user, you accept the terms of use set out in these Terms and agree to comply with them.
The Software Service is a tool for creating prototypes and application artifacts for your own application.
For the time being and until further notice, the Software Service is provided to you for free.
The Software Service is continuously developed, and Vaadin may modify it from time to time, including by adding or deleting features or functions. The Software Service is provided to you on an as-is and as-available basis (for clarity, Sections 12 and 13 below apply with respect to the Software Service).
Vaadin will use reasonable efforts to ensure that Software Service is available, but Vaadin shall not be liable for any possible interruption of Software Service's operation, for example due to maintenance, technical faults, or similar causes, nor shall Vaadin be liable for any damage that may result from the operation or operation failure of Software Service.
Vaadin does not provide support services in connection with the Software Service.
The rights to Software Service and its contents belong to Vaadin or third parties. Vaadin grants you (as a user) a limited, non-exclusive, non-transferable and revocable right to use the Software Service in accordance with these Terms.
“User Data” means all information that you submit to or create in the Software Service. User Data does not include Vaadin Technologies, including the Software Service, or other content submitted to the Software Service by Vaadin or its licensors.
You own and retain all rights to User Data. You grant permission to us and our licensors to use the User Data as necessary to provide the Software Service to you, to manage our relationship with you, to analyze your use of Software Service, for statistical purposes and for improving the Software Service, and as required by mandatory applicable law. If you are using the Software Service on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so.
You are responsible for downloading and maintaining necessary copies of your User Data.
Vaadin treats your User Data as confidential information, deviating in this regard from Section 11 (free exchange of information) below. Vaadin shall use commercially reasonable efforts to protect the confidentiality of your User Data, and shall not disclose it to third parties, except as required by law or as required for Vaadin’s Service delivery under these Terms.
You must not process personal data in the Software Service.
You are as a user solely responsible for the purchase and maintenance of the hardware, software and telecommunications connections required to use the Software Service, as well as for any related costs associated with the use of the Software Service. Vaadin recommends using the latest browser version when accessing the Software Service.
If Vaadin has reasonable grounds to suspect that you have not complied with these Terms, Vaadin shall be entitled to terminate your user rights or take any other action to the extent necessary to end the non-compliance with these Terms. Vaadin also reserves the right to delete your user account if it has been inactive for more than 12 months. Vaadin will send you a notification before closing your user account.
9. USE OF VAADIN NAME AND TRADEMARKS
When naming your software, you may, but do not have to, indicate your software’s connection to Vaadin Technologies by naming it as “XXX for Vaadin” (you may not, however, name your component as “Vaadin XXX”). Also, when naming packages for APIs, you are allowed and encouraged to use the org.vaadin.* prefix, if your software is distributed under an open source license. The package prefix com.vaadin.* is reserved for Vaadin only.
“Vaadin”, “}>”, “Fight for Simplicity” and “Thinking of U and I” are registered trademarks of Vaadin and may not be used without permission from us.
10. COPYRIGHT PROTECTION FOR VAADIN
Please notify Vaadin if you think that somebody is violating our copyrights, by email to privacy@vaadin.com or by filling our online contact form.
11. FREE EXCHANGE OF INFORMATION
Vaadin does not treat content that you submit to or receive from the non-commercial Service as confidential.
For clarity, information exchanged as part of commercial services is subject to confidentiality provisions of the Vaadin Commercial Terms and Conditions. Furthermore, User Data submitted to or created in the Vaadin Start software service is handled in accordance with Section 8 above.
12. DISCLAIMERS AND WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, VAADIN AND ITS AFFILIATES, PERSONNEL AND PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VAADIN AND ITS AFFILIATES, PERSONNEL AND PARTNERS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VAADIN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VAADIN AND ITS AFFILIATES, PERSONNEL AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF BUSINESS OPPORTUNITIES AND LOSS OF GOODWILL, OR DAMAGES CAUSED TO THIRD PARTIES OR BY THE PURCHASE OF REPLACEMENT PRODUCTS OR SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF OR SHOULD HAVE FORESEEN SUCH DAMAGES. VAADIN'S LIABILITY, IF ANY, IS LIMITED TO THE LESSER OF (A) THE AMOUNTS WHICH YOU PAID TO VAADIN FOR THE SERVICE; OR (B) THE MINIMUM AMOUNT ALLOWED UNDER APPLICABLE MANDATORY LAW. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION OR LEGAL THEORY PLED OR ASSERTED, INCLUDING NEGLIGENCE, BREACH OF CONTRACT AND WARRANTY.
14. INDEMNITIES
You agree to defend, indemnify and hold harmless Vaadin from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (a) any content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these Terms; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Service.
15. CHANGES TO THESE TERMS
Vaadin may change these terms at any time, upon notice on the vaadin.com website, and we recommend that you review the Terms regularly. In case of material changes to these Terms, we may in addition notify you by email.
If you do not agree to the new Terms for the Service, you should discontinue your use of the Service. None of the changes will apply retroactively and the changes will become effective on the announced date.
16. MODIFYING THE SERVICE
Vaadin may change the Service by adding, modifying or removing any features or functionalities. Vaadin may also stop providing parts of, or the whole of, the Service. We may also create new operating guidelines or limitations to the Service at any time.
17. TERMINATION OF SERVICE
You may stop using our Service at any time. Vaadin may also stop providing the Service to you at any time.
18. MISCELLANEOUS
The official text of these Terms or any notices given or accounts or statements required hereby shall be in English.
If any particular term of these Terms shall be held invalid, illegal or unenforceable, the remaining Terms shall not be affected or impaired.
If you do not comply with these Terms, and we do not take action right away, it does not mean that you are not fully obligated to perform your obligations in the future, or that we are giving up any of our rights, such as taking action in the future.
These Terms and any agreement governed by these Terms shall be governed by and construed in accordance with the substantive laws of Finland, excluding its choice of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Any dispute, controversy or claim arising out of or relating to these Terms, or any agreement governed by these Terms, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitration of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Turku, Finland. The language of the arbitration shall be English.