FINOS Alloy Terms of Service
The Alloy Pilot website and service located at https//alloy.finos.org/ (the “Service”) is operated by the Fintech Open Source Foundation (“FINOS,” “we,” or “us”). By registering for, using, or accessing the Service, you agree to be bound by these terms of service (“Terms”). If you don’t agree to these Terms, you must discontinue use of the Service. If you have any questions about these terms, please contact us: FINOS, 330 Primrose Road, Burlingame, CA 94010, email@example.com.
Registration, Personal Information, and Privacy
1.1 To use the Service, you must request access from FINOS. The Service runs on GitLab and is only accessible to users with an authorized GitLab or GitHub account. To be authorized, you must provide FINOS with your GitLab or GitHub username. You must also submit to FINOS a duly authorized FINOS Corporate Contributor License Agreement or Individual Contributor License Agreement, as applicable, licensing any User Content (as defined below) that you submit to FINOS and other users of the Service. You agree to provide truthful and accurate information about yourself in your application. You understand that FINOS may decide, in its sole discretion, to approve or deny any application for any reason, or no reason.
1.3 THE SERVICE IS PROVIDED AS-IS, FOR EVALUATION PURPOSES ONLY. You should not upload any proprietary, confidential, or otherwise sensitive information to the service. Data uploaded to the Service may be periodically deleted, unrecoverably. You are solely responsible for maintaining your own backups of any data that you upload to the Service.
1.4 You understand that the Service includes collaborative features that enable users to disclose information to one another and to modify data provided by other users. FINOS is not responsible if you disclose personal information to other users or for their use of your data.
1.5 The Service is not intended for children under the age of 13. If we learn that any registered user of the Service is under the age of 13, it is our policy to disable the user’s account and to delete any personal information provided by that user.
2.1 All information and content submitted by users of the Service (“User Content”) is the sole responsibility of the person who provides it; FINOS is not responsible for any User Content. FINOS reserves the right, subject to applicable law and its obligations to its customers, to remove User Content for any reason, including that it violates our Acceptable Use Policy. However, FINOS has no obligation to monitor, filter, or disable access to any User Content, and shall not be responsible if you encounter objectionable User Content on the Service.
2.2 You retain your rights to any User Content you provide through the Service. By executing a contributor license agreement, as required by Section 1.1 above, you grant to FINOS and other users of the service a non-exclusive license to your User Content.
2.3 You represent and warrant that you have all necessary rights and authority to grant the above licenses. With regard to any third-party content that you submit, you represent and warrant that you have a license to provide the content according these Terms, or that your use is otherwise permissible, for example as fair use.
Acceptable Use Policy
3.1 The following conduct is prohibited on the Services:
3.1.1. Illegal activities, including the promotion or solicitation of illegal acts.
3.1.2. Malicious activity or content, such as the transmission of viruses, malware, or any other malicious or destructive code, or activity intended to harm or disrupt the hardware, networks, or infrastructure of FINOS or any third parties.
3.1.3 Unauthorized Access, including accessing or attempting to access any non-public interface, system, or functionality of the Service, or testing the Service for vulnerabilities.
3.1.4 Abuse, including threats of violence or harassment of a user through repeated unwanted contact.
3.1.5 Posting anyone’s personal or confidential information, such as social security numbers, credit card numbers, street addresses, phone numbers, confidential ID numbers, or account passwords, without their permission.
3.1.6 Account hijacking, including any access to or use of another user’s account without their permission.
3.1.7 Child exploitation, including any content or activity that exploits or abuses children.
3.1.8 Spam, including posting unsolicited promotional or commercial content in comments, sending invitations for the purpose of advertising to the recipients, or posting content or links for the purpose of manipulating search or other algorithms.
3.1.9 Intellectual property infringement, including the infringing use of third party trademarks or the unauthorized and unlawful posting of copyrighted content. We respond to reports of copyright infringement as described in the Copyright section of these Terms.
3.1.10. Fraud or impersonation, including any use of the Services to impersonate or deceive others (but excluding parody).
3.2 FINOS reserves the right, to the extent permitted by applicable law, to remove or prohibit any User Content and to suspend or terminate any user account, whether for violating these Terms or for any other reason.
Ownership of the Services; Service Changes and Limitations
4.1. FINOS and its licensors shall retain all right, title, and interest to the Service. If you provide any feedback, bug reports, feature requests, or other comments to FINOS, FINOS and its licensors shall be free to use or incorporate these into the Services without any obligation to you. FINOS shall retain all right, title, and interest to FINOS's trademarks, branding, logos, and related assets used in connection with the Service, and neither these Terms nor your use of the Service gives you any rights to those assets.
4.2. FINOS may change the Service at any time, without notice to you. FINOS may also stop providing one or more Service or features, introduce new limits on use of the Service, or change the terms upon which the Service is available.
4.3. The Service incorporates a modified version of the ISDA CDM™, used under license from the International Swaps and Derivatives Association, Inc. The ISDA CDM™ is licensed to FINOS and users of the Service according to the terms of the ISDA CDM™ Version 2.0 Development License, which is attached as Exhibit A of this Agreement. The version of the ISDA CDM being distributed is for development purposes only and has been modified from its original version. The International Swaps and Derivatives Association, Inc. has not reviewed or approved the changes made therein.
5.1. FINOS responds to reports of copyright infringement according to the notice-and-takedown procedure provided by the Digital Millennium Copyright Act ("DMCA"). Our designated agent for copyright infringement notifications and counter-notifications is: Aaron Williamson, c/o Fintech Open Source Foundation, 330 Primrose Road, Burlingame, CA 94010, firstname.lastname@example.org.
5.2. Reporting copyright infringement
5.2.1. If you believe that any Content on the Service infringes your copyright, please send us a notice containing the following information:
188.8.131.52. identification of the work or material being infringed;
184.108.40.206. identification of the material that is claimed to be infringing, including its location, with sufficient detail so that FINOS is capable of finding it and verifying its existence;
220.127.116.11 your contact information, including name, address, telephone number, and email address;
18.104.22.168. a statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;
22.214.171.124. a statement made under penalty of perjury that the information provided in the notice is accurate and that you are authorized to make the complaint on behalf of the copyright owner; and
126.96.36.199. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
5.2.2. Infringement notices are not confidential. FINOS may provide the information contained in a notice to the user who posted the allegedly infringing Content, or to other parties.
5.3. Responding to improper removals
5.3.1. If you believe that Content you posted was wrongfully removed or disabled as a result of a copyright infringement notice, you may notify FINOS by providing the following information:
188.8.131.52. the specific location of the material that FINOS has removed or disabled access to;
184.108.40.206. your name, address, telephone number, and email address;
220.127.116.11. a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in San Francisco, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original notification of infringement (or an agent of that person);
18.104.22.168. this statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
22.214.171.124. your signature.
5.4 Removal and termination for infringement
5.4.1. FINOS will terminate, under appropriate circumstances, the accounts of users who repeatedly use the Service to infringe copyrights. FINOS also reserves the right, in its sole discretion, to remove allegedly or apparently infringing Content without notice to you.
6.1. You may terminate your account at any time.
6.2. We may suspend or terminate your access to the Service, with or without notice, at any time and for any reason, including for violations of these Terms.
6.3. In the event of termination, the following sections of these Terms shall remain in effect: 1, 2, 3, 5, 9, 10, and 11.
Disclaimer of Warranties, Limitations of Remedies 7.1. Your access to and use of the Service and any User Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, FINOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
7.2. FINOS makes no representations or warranties of any kind with respect to the Service, including any representation or warranty that the use of the Service will: (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. FINOS also makes no representations or warranties of any kind with respect to any Document or User Content. No advice or information, whether oral or written, obtained from FINOS or through the Service, will create any warranty not expressly made herein.
Limitation of Liability
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINOS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
8.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FINOS OR ITS AFFILIATES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US TO USE THE SERVICES.
8.3. Nothing in these terms is intended to exclude or limit the liability of FINOS for death or personal injury, fraud, fraudulent misrepresentation, or any liability that cannot be excluded by law.
9.1. You agree to indemnify and hold harmless FINOS, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to the Service, your violation of these Terms, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.
10.1. Modifications to this Agreement. FINOS may occasionally revise these Terms. You can find the most recent version at https://alloy.finos.org/terms-of-service. By using the Service after a new version of these Terms becomes effective, you thereby agree to be bound by the revised Terms.
10.2. Choice of Law. These Terms and the relationship between you and FINOS shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the Service, shall be brought exclusively in the courts located in the county of San Francisco or the U.S. District Court for the Northern District of California. You consent and waive any objection to the jurisdiction of and venue in these courts.
10.3. Authority to Enter Into Agreement. You represent and warrant that you have the legal authority to enter into this agreement and that the performance of obligations under this agreement will not violate any agreement between you and any other person, firm, or organization. If you are entering this agreement on behalf of another person or entity, you represent and warrant that you are authorized to do so.
10.4. Waiver and Severability. Failure by FINOS to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
ISDA CDM(TM) Version 2.0 Development License
Effective date of version 2.0: January 31, 2020 © 2018-2020 The International Swaps and Derivatives Association, Inc.
- (a) “Licensor” means International Swaps and Derivatives Association, Inc. (“ISDA”).
- (b) “Larger Work” means a work, including but not limited to computer software, that combines the ISDA CDM v2.0, or portions thereof with material not governed by the terms of this License.
- (c) “License” means this document.
- (d) “ISDA CDM v2.0” means the methodology and documentation of any version 2.0 or sub-version with the designation of “2._” (e.g., 2.1, 2.2, 2.3, etc.) located at https://portal.cdm.rosetta-technology.io
- (e) “You” means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Paragraph 6. For legal entities, “You” includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
ISDA CDM v2.0 Development License
Licensor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to use, reproduce, modify, display, perform, and distribute the ISDA CDM v2.0 (or portions thereof) without modifications and solely as part of a Larger Work; provided that you may distribute a modified ISDA CDM v2.0 solely for development purposes with a disclaimer that reads: “The version of the ISDA CDM being distributed is for development purposes only and has been modified from its original version. The International Swaps and Derivatives Association, Inc. has not reviewed or approved the changes made herein.”
- Required Notices
If You reproduce, distribute or display any of the ISDA CDM v2.0 in any form other than as part of computer software, then You agree to include in each such copy or display the notice in Exhibit A.
Use of ISDA CDM v2.0 in Larger Works
- (a) You may use the ISDA CDM v2.0 in a Larger Work, including but not limited to computer software, and distribute Your Larger Work under a license of Your choice, which may contain terms different from this License, provided that the license for Your Larger Work does not attempt to limit the recipient’s rights to use the ISDA CDM v2.0 apart from Your Larger Work.
- (b) You hereby agree to indemnify Licensor for any liability incurred by the Licensor as a result of the distribution, purchase, sale, reproduction, display or use of Your Larger Work.
Use of Designation "ISDA CDM"
(a) You may use the designation “ISDA CDM”:
(i) to identify the ISDA CDM v2.0 approved by Licensor; and
(ii) to make the truthful claim that computer software or any other product or service is based on or compliant with a specified version of ISDA CDM v2.0.
(b) You agree not to use the designations ”ISDA” or “ISDA CDM” in a misleading or untruthful way, or in a way that falsely suggests endorsement or sponsorship by, or affiliation with, Licensor. You further agree that you will not:
(i) identify any specifications or standards other than the ISDA CDM v2.0 approved by Licensor, or any computer software code containing such specifications or standards, including standards or specifications approved by ISDA that add to the ISDA CDM v2.0, unless those additions are clearly and conspicuously identified as such and in that event, You shall state conspicuously that they have neither been reviewed nor approved by ISDA;
(ii) advertise or promote any computer software or any other product or service as based on or compliant with ISDA CDM v2.0, unless You specify the version of the ISDA CDM v2.0; or
(iii) use the term “ISDA” or “ISDA CDM” as a trademark or part of a trademark for any software or any other product, or as a service mark or part of a service mark for any service.
Revisions of the License
(a) Licensor may publish revised and/or new versions of the ISDA CDM v2.0 and/or the License from time to time. Each version will be given a distinguishing version number, beginning with the designation of “2.0” or higher. ISDA reserves the right in its sole discretion to designate new terms and conditions governing the licensing of such versions.
(b) Once You have used the ISDA CDM v2.0 under a particular version of the License, You may always continue to use the same specifications under the terms of that version. You may also choose to use those specifications under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the right to modify the terms applicable to the ISDA CDM v2.0 under this or any other License.
DISCLAIMER OF WARRANTY
THE ISDA CDM V2.0 IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE ISDA CDM V2.0 IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ISDA CDM V2.0 IS WITH YOU. SHOULD ANY OF THE ISDA CDM V2.0 PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE LICENSOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY OF THE ISDA CDM V2.0 IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY OF ITS MEMBERS, OR ANY DISTRIBUTOR OF DOCUMENTS OR SOFTWARE CONTAINING ANY OF THE ISDA CDM V2.0, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by New York law provisions (except to the extent applicable law, if any, provides otherwise), including its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the United States of America: (a) unless otherwise agreed in writing, all disputes arising under or relating to this License (excepting any dispute relating to copyright, trademark, patent or trade secret rights, which issues must be resolved through judicial action) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in New York City, under the auspices of JAMS/End Dispute; and (c) any judicial litigation arising under or relating to this agreement, including the enforcement of any arbitration award, shall be subject to the exclusive jurisdiction of the United States District Court for the Southern District of New York, or in the absence of that court having subject matter jurisdiction, to the jurisdiction of courts of the State of New York, with venue lying in New York County. The losing party shall be responsible for costs, including without limitation, court costs and reasonable attorney’s fees and expenses. By using ISDA CDM v2.0 under this License you consent to the personal jurisdiction of the foregoing federal and/or New York state courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
The ISDA CDMTM portions of this document are subject to the ISDA CDMTM License Version 2.0 (the “License”); you may not use the ISDA CDM except in compliance with that License. You may obtain a copy of the License at http://www.isda.org/isda-cdm-2/.
The portions of the ISDA CDMTM distributed under the License are distributed on an “AS IS” basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. You may obtain a copy of the License at http://www.isda.org/isda-cdm-2/.
The Licensor of the ISDA CDM is the International Swaps and Derivatives Association, Inc., 10 East 53rd Street, 9th Floor, New York, NY 10022, ATTN: Office of the General Counsel. All Rights Reserved.