1. USAGE OF THIS SITE
- >> No Infringement: To the
best of your knowledge and belief, after reasonable inquiry, your Work does not
knowingly infringe the rights of any third party, including but not limited to,
rights in copyrights, patents, trademarks, service marks, trade secrets, privacy,
personality, or other proprietary rights.
- >> You have necessary Rights to
your Work: You are the author of the Work and have not assigned your rights
or had such rights vest in any third party by contract, operation of law or otherwise
or if not the author, you have secured all necessary rights and licenses from the
owner(s); and you have the right to grant the rights and licenses contained herein.
- >> No malicious code: You have
not included, and to the best of your knowledge and belief, after reasonable inquiry,
your Work does not contain, any virus, Trojan horse, worm, spyware, adware, or other
harmful or malicious code.
- >> We have the right to identify
you: eSoftCode can and shall publish your name and/or site ID in connection
with your Work, and if you require end users to contact you for any reason in connection
with licensing of your Work, eSoftCode can and shall publish your contact information.
- >> We don't want to breach other
publisher's rights: If the Work is a previously published work, Contributor
must give eSoftCode notice of the prior publication and provide the consent of all
copyright holders to the Work being posted on eSoftCode and made available to users
of the Site. The Work is otherwise provided "as is", "where is", "as available",
without warranty or guarantee of any kind. This means no express, implied or statutory
warranty, including without limitation, warranties or conditions of merchantability
or fitness for a particular purpose. Nothing in this Contributor's Agreement restricts
or limits your pre-existing rights to use, publish, perform, or distribute your
Work.
2. All Submissions are free to Received
Your submissions, rights and licenses you grant are provided without cost to eSoftCode
and to participants in eSoftCode Site. You accept that you receive benefit sufficient
to constitute any necessary good and valuable consideration for the rights and licenses
granted herein.
3. Rights of eSoftCode
You grant eSoftCode, its affiliated companies and necessary sub-licensees a worldwide,
perpetual, royalty-free, irrevocable, non-exclusive, fully assignable and transferable
right and license, to edit, adapt, translate, reformat your Work, to post your Work
(eg. publish, display, perform, digitally perform) anywhere on our Site, to do what
eSoftCode feels it needs to do to manage and update the Site, to make and maintain
back-up and archival copies, and to make your Work available to End Users in accordance
with this Agreement and the specific EULA that you specify. eSoftCode has no obligation
to police compliance with any participant's use or misuse of any Work and the Contributor
releases eSoftCode from all liability arising from any use or misuse of the Work
by a participant in eSoftCode Site.
4. User Licenses
You authorize eSoftCode to offer the EULA selected by you (or deemed selected by
you) to End Users as the statement of the rights and license granted to End Users,
and agrees to the terms and conditions of that EULA. eSoftCode is not responsible
for assuring compliance with your licensing requirements, and you release eSoftCode
from and against all liability, however occasioned resulting from eSoftCode's acts
or omissions in respect of providing your EULA to End Users. If you desire to assure
your rights are protected, you are is directed to embed or include your own license
forms and acceptance procedures with your contributions. Over time, legal agreements
sometimes need updating to reflect new concepts, media, laws, and legal theories,
and to correct or rectify deficiencies subsequently determined. eSoftCode is authorized
and appointed as your agent and attorney to make changes to the applicable end user
license agreement for your Work in your name and on your behalf so long as such
changes result in an agreement that is no less protective of your rights than the
rights and restrictions granted at the time of posting your Work. If you do not
agree to amendments to the EULA presented by eSoftCode, you may (a) require your
posting to be removed from future distribution databanks, (b) provide eSoftCode
with licensing terms and conditions acceptable to you and amend your posting to
include such terms and conditions, upon notice to eSoftCode in such form and content
as eSoftCode may reasonably require, and (c) failing any such action, you shall
be deemed to have accepted such changes. Acts by you or eSoftCode will affect future
licensing only and will not affect any existing licenses granted by you or eSoftCode.
5. Material Inducement
You expressly acknowledge that eSoftCode has entered into this agreement, and has
and will make its Site and Services available to you in reliance upon the limitations
and exclusions of liability and the disclaimers set forth in this Agreement and
in the Terms Of Services, and that the same form an essential basis of the bargain
between you and eSoftCode. You expressly agree that all such limitations and exclusions
of liability and the disclaimers will survive, and continue to apply in the case
of, a fundamental breach or breaches, the failure of essential purpose of contract,
the failure of any exclusive remedy or termination of this agreement.
Note: As a consequence of the frequent virus infections across the internet,
eSoftCode will no longer accept binary submissions that do not contain full source
code, unless the submission is from a recognised company or institution. Shareware
or time-limited submissions will not be accepted.
By making any submission of Work to eSoftCode, you understand that you have read
and agreed to the above usage terms. These terms will be strictly enforced.