Blue Planet DevOps Exchange

Document created by hausmus Employee on Jun 28, 2016Last modified by hausmus Employee on Jul 13, 2016
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I. Your use of the Blue Planet DevOps Exchange is subject to your acceptance of the Ciena Community Terms of Use.  The Blue Planet DevOps Exchange is deemed a “Site” as that term is used in the Ciena Community Terms of Use.

 

II. If you have been granted access to Blue Planet resource adapters your use of such resource adapters is subject to the following license:

 

Blue Planet Resource Adapter License

PLEASE READ THIS RESOURCE ADAPTER LICENSE (“RA LICENSE”) CAREFULLY BEFORE DOWNLOADING OR USING A BLUE PLANET RESOURCE ADAPTER.  BY DOWNLOADING OR USING A BLUE PLANET RESOURCE ADAPTER YOU ARE BINDING YOURSELF (“YOU”, “YOURS” OR “USERS”) TO THIS RA LICENSE WITH CIENA COMMUNICATIONS INC. (“CIENA”).  IF YOU DO NOT ACCEPT ALL OR ANY PART OF THIS LICENSE, DO NOT DOWNLOAD OR USE A BLUE PLANET RESOURSE ADAPTER. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO AGREE TO AND ABIDE BY THIS RA LICENSE AND AUTHORITY TO BIND THE COMPANY YOU WORK FOR. UNLESS OTHERWISE AGREED TO BY CINEA (OR A CIENA AFFILIATE) AND YOU IN A SEPARATE AGREEMENT; BY DOWNLOADING OR USING A BLUE PLANET RESOURCE ADAPTER, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS RA LICENSE AND AGREE TO BE BOUND BY IT.  

 

1. Resource Adapter Use.  Your use of the Resource Adapters is subject to the Apache 2.0 open source license which can be found here .

 

2. Warranty.  RESOURCE ADAPTERS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  CIENA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, STATURORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITON OF TITLE, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

3. Limitation of Liability.  IN NO EVENT SHALL CIENA BE LIABLE FOR  i)  LOSS OF ACTUAL OR ANTICIPATED REVENUE, SAVINGS, PROFITS, COST OF CAPITAL, LOSS OF DATA, COST OF SUBSTITUTE FACILITIES OR EQUIPMENT, OR DOWNTIME COSTS OR CLAIMS OF YOU OR ANY THIRD PARTIES; NOR FOR ANY ii) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF ACTUAL OR ANTICIPATED REVENUE, SAVINGS, PROFITS,  OR  COST OF CAPITAL,    WHETHER OR NOT SUCH PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE USE, THE RESULTS OF USE, OR THE INABILITY TO USE ANY RESOURCE ADAPTER, NOR SHALL CIENA’S LIABILITY FOR ANY DIRECT DAMAGES EXCEED $100.00 FOR USE OF ANY RESOURCE ADAPTER. THE FOREGOING LIMITATION ALSO APPLIES TO CIENA’S AGENTS, REPRESENTATIVES AND LICENSORS.

 

III. If you have been granted access to Blue Planet DevOps Toolkit your use of the DevOps Toolkit is subject to the following license:

 

Blue Planet DevOps Toolkit License Agreement

PLEASE READ THIS BLUE PLANET DEVOPS TOOLKIT (“DEVOPS TOOLKIT”) LICENSE AGREEMENT  (“LICENSE”) CAREFULLY. PRESSING “I AGREE” CONSTITUTES YOUR ACCEPTANCE OF THIS LICENSE.  BY PRESSING “I AGREE” YOU ARE BINDING YOURSELF (“YOU”, “YOURS” OR “USERS”) TO THIS LICENSE WITH CIENA COMMUNICATIONS INC. (“CIENA”).  IF YOU DO NOT ACCEPT ALL OR ANY PART OF THIS LICENSE, DO NOT PRESS “I AGREE” OR OTHERWISE DOWNLOAD OR ACCESS THE DEVOPS TOOLKIT.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO AGREE TO AND ABIDE BY THIS LICENSE AND AUTHORITY TO BIND THE COMPANY YOU WORK FOR. UNLESS OTHERWISE AGREED TO BY CINEA (OR A CIENA AFFILIATE)  AND YOU IN A SPEPERATE AGREEMENT; BY DOWNLOADING OR INSTALLING THE DEVOPS TOOLKIT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY IT.  

 

1. License Grant. Subject to these terms, and payment of all applicable license fees, Ciena grants you, as end user, an annual, non-exclusive, non-transferable, non-sublicensable, license to use the DevOps Toolkit, and associated documentation, (i) solely to develop Resource Adapters  and Service Templates  for implementation  with Ciena’s Blue Planet Software and, (ii) allow third parties to develop (“Third Party Developer”) Resource Adapters and Service Templates on your behalf provided you advise such third party of the confidential nature of the DevOps Toolkit and provide them with a summary of the requirements of this License (“Permitted Use”).  As used herein,(a) “Resource Adapter” means an interface that allows the Ciena’s Blue Planet Software to communicate with a third party hardware or software and (b) a “Service Template” means a data model file that specifies the capabilities, attributes, and configuration attributes of a third party hardware or software .

 

2. Restrictions.  You, and any Third Party Developer, may not use the DevOps Toolkit to develop Resource Adapters and Service Templates for other platforms  or to develop another software tool kit.  You are free to develop applications for other platforms,  provided that the DevOps Toolkit is not used for that purpose.  You, and a Third Party Developer, may not use the DevOps Toolkit or Confidential Information for anything beyond the Permitted Use.  You may not: (a) copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the DevOps Toolkit or any part of the DevOps Toolkit; or (b) combine any part of the DevOps Toolkit with other software, or distribute any software or device incorporating a part of the DevOps Toolkit.  You agree that the form and nature of the DevOps Toolkit that Ciena provides may change without prior notice to you and that future versions of the DevOps Toolkit may be incompatible with Resource Adapter or Service Templates developed on previous versions of the DevOps Toolkit. You agree that Ciena may stop (permanently or temporarily) providing the DevOps Toolkit (or any features within the DevOps Toolkit) at Ciena's sole discretion, without prior notice to you.   Nothing in the License gives you, a right to use any of Ciena's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the DevOps Toolkit.  You agree that you will not export or re-export the DevOps Toolkit from the country in which it was received from Ciena.

 

3. Open Source and Third Party Licenses.  The DevOps Toolkit excludes any open source or third-party programs or code supplied by Ciena under a separate license and you agree to be bound by the terms of such separate license.  If a separate license is not provided or made available to you, any open source and third party programs or code are considered “DevOps Toolkit” and their use governed by the terms of this License.

 

4. Title. You are granted no title or ownership rights in or to the DevOps Toolkit.  Title to the DevOps Toolkit, including any copies or derivative works based thereon, and to all copyrights, patents, trade secrets and other intellectual property rights in or to the DevOps Toolkit, is and shall remain the property of Ciena and its licensors.  Ciena’s licensors are third party beneficiaries of this License. Ciena reserves to itself and its licensors all rights in the DevOps Toolkit not expressly granted to you herein.

Resource Adapters and Service Templates developed by you using the Blue Planet DevOps Toolkit are not considered derivative works for purposes of this License and Ciena claims no ownership interest in such Resource Adaptors or Service Templates developed by you.   You are encouraged to contribute Resource Adaptors and Service Templates to the Blue Planet DevOps Exchange subject to Blue Planet Contributor License Agreement (“Blue Planet CLA”), which is based on the Apache Software Foundation contributor license agreement.  The Blue Planet CLA can be found here .

 

5. Confidentiality.  The DevOps Toolkit contains trade secrets and other confidential information of Ciena. Such trade secrets and other confidential information include, without limitation, the design, structure and logic of the DevOps Toolkit, the DevOps Toolkit interactions with Ciena’s Blue Planet Software, internal and external interfaces, and the programming techniques employed. The DevOps Toolkit, and all other information and documentation provided by Ciena to you that a reasonable person would recognize as being confidential, are all confidential information of Ciena (“Confidential Information”).

 

6. Obligations.  You and any Third Party Developer shall:

  1. Hold the DevOps Toolkit and Confidential Information in strict confidence for the benefit of Ciena using your best efforts to protect the DevOps Toolkit and Confidential Information from unauthorized disclosure or use, and treat the DevOps Toolkit and Confidential Information with the same degree of care as you do your own similar information, but no less than reasonable care;
  2. Preserve intact any copyright, trademark, logo, legend or other notice of ownership on any original or copies of the DevOps Toolkit, and affix to each copy of the DevOps Toolkit you make, in the same form and location, a reproduction of the copyright notices, trademarks, and all other proprietary legends and/or logos appearing on the original copy of the DevOps Toolkit delivered to you; and
  3. Issue instructions to your authorized personnel and Third Party Developers to whom the DevOps Toolkit is disclosed, advising them of the confidential nature of the DevOps Toolkit and provide them with a summary of the requirements of this License.

 

7. Warranty.  Ciena warrants during the annual subscription period (the “DevOps Toolkit Warranty Period”), that the DevOps Toolkit will substantially conform to Ciena’s software release documentation.  During the DevOps Toolkit Warranty Period, Ciena will provide you with access to maintenance releases made generally available by Ciena.

 

Except as set forth in the applicable documentation, Ciena does not warrant that the DevOps Toolkit will operate in or with third party hardware or software combinations that the you may select. Ciena is not obligated to remedy any DevOps Toolkit defect that cannot be reproduced. This warranty applies only to the release of the DevOps Toolkit licensed, provided such release is within one major software release level of Ciena’s then-current DevOps Toolkit.

 

In the event DevOps Toolkit does not materially conform to this warranty, Ciena will, at its sole discretion, provide a suitable fix, patch or workaround for the problem or provide a replacement version of the DevOps Toolkit that conforms to published software release documentation.  THESE WARRANTIES AND REMEDIES ARE  BUYER’S SOLE WARRANTIES AND REMEDIES AND CIENA’S SOLE LIABILITY FOR DEFECTIVE OR NONCONFORMING ITEMS, AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY.

 

8.  Limitation of Liability.  IN NO EVENT SHALL CIENA BE LIABLE FOR  i)  LOSS OF ACTUAL OR ANTICIPATED REVENUE, SAVINGS, PROFITS, COST OF CAPITAL, LOSS OF DATA, COST OF SUBSTITUTE FACILITIES OR EQUIPMENT, OR DOWNTIME COSTS OR CLAIMS OF CUSTOMERS; NOR FOR ANY ii) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF ACTUAL OR ANTICIPATED REVENUE, SAVINGS, PROFITS,  OR  COST OF CAPITAL,    WHETHER OR NOT SUCH PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE USE, THE RESULTS OF USE, OR THE INABILITY TO USE THE DEVOPS TOOLKIT, NOR SHALL CIENA’S LIABILITY FOR ANY DIRECT DAMAGES EXCEED THE FEES PAID FOR USE OF THE DEVOPS TOOLKIT. THE FOREGOING LIMITATION APPLIES ALSO TO CIENA’S AGENTS, REPRESENTATIVES AND LICENSORS.

 

9.  Indemnification.  You agree to indemnify Ciena against all breaches of this License by Third Party Developers.

 

10.  Technical Support. Ciena has no obligation to provide technical support in your use of the DevOps Toolkit and your development of Resource Adaptors and Service Templates.  You may purchase technical support for your use of the DevOps Toolkit by contacting [● ].

 

11.  Training.  Ciena has no obligation to provide training in your use of the DevOps Toolkit and Your development of Resource Adaptors and Service Templates.  You may purchase training by contacting [email address].

 

12. Term and Termination.  This License is effective as of the date you download the DevOps Toolkit (“Effective Date”).  The term of this license shall expire one (1) year from the Effective Date.  You may renew this License annually upon  payment of all applicable license fees.  This License will terminate immediately if (i) you, or the Third Party Developer, breach any term or condition of this License or (ii) you become insolvent, cease to carry on business in the ordinary course, have a receiver appointed, enter into liquidation or bankruptcy, or any analogous process in your home country.  Termination shall be without prejudice to any other rights or remedies Ciena may have. Upon any termination of this License you and any Third Party Developer shall cease use of the DevOps Toolkit and destroy and erase all copies of the DevOps Toolkit in your possession or control, and forward written certification to Ciena that all such copies have been destroyed or erased. Your obligations to hold the Confidential Information in confidence, as provided in this License, shall survive the termination of this License.

 

13.  Compliance with laws. You agree to comply with all laws related to your installation and use of the DevOps Toolkit.   The DevOps Toolkit is subject to U.S. export control laws, and may be subject to export or import regulations in other countries.  You shall not, or permit any other person to, export, re-export or release, directly or indirectly the DevOps Toolkit to any country, jurisdiction or person to which the export, re-export or release of the DevOps Toolkit (a) is prohibited by applicable Law or {b) without first completing all required undertakings (including obtaining any necessary export license or other governmental approval).

 

14.  General.  Ciena may make changes to this License as it distributes new versions of the DevOps Toolkit. When these changes are made, Ciena will make a new version of the License available on the website where the DevOps Toolkit is made available. Ciena may assign this License to an affiliate or to a purchaser of the intellectual property rights in the DevOps Toolkit. You shall not assign or transfer this License or any rights hereunder, and any attempt to do so will be void. This License shall be governed by the laws of the State of New York without regard to conflict of laws provisions. The U.N. Convention on Contracts for the International Sale of Goods shall not apply hereto. This License constitutes the complete and exclusive agreement between the parties relating to the license for the DevOps Toolkit and supersedes all proposals, communications, purchase orders, and prior agreements, verbal or written, between the parties. If any portion hereof is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.

 

IV.  Your contributions of Resource Adapters and Service Templates to the Blue Planet DevOps Exchange is subject to the following license:

 

Blue Planet Contributor License Agreement ("CLA")

Thank you for your interest in the Blue Planet Dev. Ops. Tool Kit (“Tool Kit”) and Blue Planet DevOps Exchange (“DevOps Exchange”) hosted by Ciena Communications Inc. (“Ciena”).  This CLA relates to Your desire to submit one or more Contributions to the DevOps Exchange currently and in the future.  In order to clarify the intellectual property license granted with Contributions (as defined in Section 1below)  from any person or entity to the Blue Planet DevOps Exchange there must be a Contributor License Agreement (“CLA”) on file that has been agreed to by each Contributor, indicating agreement to the license terms below. This CLA is for Your protection as a Contributor as well as the protection of Ciena and its users; it does not change your rights to use Your own Contributions for any other purpose.

 

You accept and agree to the following terms and conditions for Your present and future Contributions submitted to the Blue Planet DevOps Exchange.

 

1. Definitions.

"You" (or "Your") shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement with Ciena.  For legal entities, the entity making a Contribution and all other entities that control, are controlled by, or are under common control with that entity are considered to be a single “Contributor.” For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

 

"Contribution" shall mean the resource adaptors and service templates, including modifications or additions to existing resource adaptors or service templates, and related code, documentation or other related works of authorship, that are intentionally submitted by You to Ciena for inclusion in the content available for download in the  Blue Planet DevOps Exchange (the "Work"). For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to Ciena or its representatives, including but not limited to communication on electronic mailing lists, source code resource adaptors and service templates that are managed by, or on behalf of, Ciena for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."

 

2. Grant of Copyright License. Subject to the terms and conditions of this CLA, You hereby grant to Ciena and to all members of the Blue Planet DevOps Exchange  a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Your Contributions and such derivative works.

 

3. Grant of Patent License. Subject to the terms and conditions of this CLA, You hereby grant to Ciena and to all members of the Blue Planet DevOps Exchange  a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by You that are necessarily infringed by Your Contribution(s) alone or by combination of Your Contribution(s) with the Work to which such Contribution(s) were submitted. If any entity institutes patent litigation against You or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that Your Contribution, or the Work to which You have contributed, constitutes direct or contributory patent infringement, then any patent licenses granted to that entity under this CLA for that Contribution or Work shall terminate as of the date such litigation is filed.

 

4. Right to Grant Licenses. You represent that You are legally entitled to grant the above licenses. If your employer(s) has (have) rights to intellectual property that you create that includes your Contributions, you represent that you are authorized to make Contributions on behalf of that employer, that your employer has waived such rights for your Contributions to Ciena, or that your employer has executed a separate corporate CLA with Ciena.

 

5. Original Creation. You represent that each of Your Contributions is Your original creation (see Section 8 for submissions on behalf of others). You represent that Your Contribution submissions include complete details of any third-party license or other restriction (including, but not limited to, related patents and trademarks) of which you are personally aware and which are associated with any part of Your Contributions.

 

6. Support; Warranty Disclaimer. You are not expected to provide support for Your Contributions, except to the extent You desire to provide support at your discretion. You may provide support for free, for a fee, or not at all. You acknowledge that Ciena and other third parties within the DevOps Exchange may provide support services relating to your Contribution or modifications thereof.   Unless required by applicable law or agreed to in writing, You provide Your Contributions on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.

 

7. Limitation of Liability.  IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR  i)  LOSS OF ACTUAL OR ANTICIPATED REVENUE, SAVINGS, PROFITS, COST OF CAPITAL, LOSS OF DATA, COST OF SUBSTITUTE FACILITIES OR EQUIPMENT, OR DOWNTIME COSTS OR CLAIMS OF CUSTOMERS; NOR FOR ANY ii) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF ACTUAL OR ANTICIPATED REVENUE, SAVINGS, PROFITS,  OR  COST OF CAPITAL,    WHETHER OR NOT SUCH PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS CLA OR THE USE, THE RESULTS OF USE, OR THE INABILITY TO USE A RESOURCE ADAPTOR OR SERVICE TEMPLATE. THE FOREGOING LIMITATION ALSO APPLIES TO A PARTY’S AGENTS, REPRESENTATIVES AND LICENSORS.

 

8. Contributions That Are Not Your Original Creation.  Should You wish to submit work that is not Your original creation, You may submit it to Ciena separately from any Contribution, identifying the complete details of its source and of any license or other restriction (including, but not limited to, related patents, trademarks, and license agreements) of which you are personally aware, and conspicuously marking the work as "Submitted on behalf of a third- party: [named here]".

 

9. Required Notifications.  You agree to notify Ciena of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.

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