Redfish Community Publication Portal Agreement Terms and Conditions

This Redfish Community Publication Agreement (this "Agreement") is entered into between The DISTRIBUTED MANAGEMENT TASK FORCE, Inc., located at 1050 S.W. 6th Avenue #1100, Portland, Oregon 97204, a not-for-profit, vendor-neutral collaborative body that is leading the development, adoption and unification of management standards and initiatives for desktop, enterprise and Internet environments (“DMTF”), and the business entity that has electronically submitted this form to the DMTF (“User”). By the act of submitting this form agreement electronically to DMTF, User hereby acknowledges its agreement to all terms and conditions contained in this Agreement.

1. Purpose of the Agreement for the Redfish Community Publication Portal

This Agreement states the terms and conditions under which User may use http://redfish.dmtf.org/redfish/portal, hereafter called the “Redfish Community Publication Portal”. The Redfish Community Publication Portal is a common repository for DMTF Bodies, DMTF Member Companies, and DMTF Alliance Partners. By affirmatively checking the box to these terms and conditions of Agreement, or by accessing, browsing, uploading content, and otherwise using the Redfish Community Publication Portal, User acknowledges that User has read, understood and agree to be legally bound by the terms and conditions of this Agreement.

The Redfish Community Publication Portal is a repository of various information that might include any of the following: DMTF schema, data, text, computer code, reports, and other materials relating to DMTF schema, its other standards and services, as well as third-party schema and content that has been voluntarily deposited by contributors for publication (collectively, the "Contribution(s)"). Agreeing to be bound to all terms and conditions of this Agreement is a precondition to requesting publication of any Contribution(s).

DMTF reserves the right to amend this Agreement at any time at its sole discretion without prior notice. User should check this Agreement each time User uses the Redfish Community Publication Portal to determine if any changes have been made. If User uses the Redfish Community Publication Portal after the amended Agreement has been posted, User will be deemed to have agreed to the amended Agreement.

2. Eligible Contributors

In order to be eligible to deposit Contribution(s) to the Redfish Community Publication Portal, User must be either a DMTF Body, Member Company of DMTF, or an Alliance Partner of DMTF. Eligible Contributors may be expanded or restricted by DMTF in its sole discretion.

3. User Right to Contribute; No DMTF Obligation to Publish

User warrants and represents that User owns or otherwise controls all of the rights to the Contribution(s), including, without limitation, all the rights necessary for User and DMTF to provide, post, upload, input or submit the Contribution(s) for DMTF’s publication to all Users with access to the Redfish Community Publication Portal. DMTF does not claim ownership of the Contribution(s) that any third party User submits to the Redfish Community Publication Portal for publication.

“Publication” means that DMTF will use a schema CSDL language validator to ensure that any schema descriptions are syntactically correct. DMTF shall also provide Users with the ability to browse to archived files across multiple directories by means of an index.html root address. Other than these limited services, DMTF provides no other hosting services and, as discussed below, does not endorse or comment on the content, accuracy, or effectiveness of any Contribution(s). DMTF is under no obligation to post, publish, or use any Contribution(s) whatsoever, and DMTF may post or refuse to post or remove any Contribution(s) at any time in DMTF's sole discretion, without prior permission from User.

4. User License to DMTF to Republish Contributions

By requesting that DMTF accept any Contribution(s) for posting or Redfish Community Publication on the Redfish Community Publication Portal, and/or actually posting, uploading, inputting, providing or submitting Contribution(s), User grants DMTF a worldwide, royalty-free, irrevocable, non-exclusive right and fully sub-licensable license to do any of the following with the Contribution(s):

(i) Publish the Contribution(s) by posting them on the Redfish Community Publication Portal;

(ii) Archive, store, categorize, describe, and index the Contribution(s) in furtherance of making them accessible through the Redfish Community Publication Portal;

(iii) Distribute or otherwise allow other Users access to and copying of the Contribution(s);

(iv) Retain all original author information , copyright, and license notices in the re-publication of the Contribution(s), including the existence of any proprietary or open source licenses, if any, that may accompany all or any part of the Contribution(s) in question; and

(v) All other activities reasonably required in order for DMTF to carry out the rights set forth in this Agreement regarding the Contribution(s) in relation to the Redfish Community Publication Portal.

At any time, User may request, and DMTF shall comply with, removal of one or all Contribution(s) that it has previously contributed to the Redfish Community Publication Portal. DMTF shall accomplish this as soon as reasonably feasible for DMTF.

All rights in this Agreement article are granted without compensation of any sort to User.

5. User Disclosure of Information and Any Applicable Upstream Licenses

User agrees (at the time of its initial request to DMTF for publication of its Contribution(s) and at any future time) to abide by DMTF’s requests for information regarding the Contributions to allow DMTF to summarize, categorize, publish, and archive the Contribution(s) for access by other Users through the Redfish Community Publication Portal, as well as to provide appropriate author attribution and notices to downstream Users of any applicable license terms and intellectual property notices regarding the Contribution(s).

User shall inform DMTF of the following at the time of User’s request for its Contribution(s) to be published:

(i) All owners of the Contribution(s);

(ii) Any known existing copyright, trademark, patent, or other intellectual property notices associated with the Contribution(s) in any form or media;

(iii) The identity of the original author(s) of the Contribution(s) and the actual text of any proprietary or open source license, if any, that may accompany all or any part of the Contribution(s) in question; and

(iv) Any other information, rights, obligations, or liabilities that may materially affect the use and distribution of the Contribution(s) by subsequent Users, as well as identifying the party imposing such obligations or conditions, whether or not the original author(s).

6. No Responsibility for Contribution Content

The Redfish Community Publication Portal is intended to be a useful repository and resource for Users of schema and related information. After posting/republishing the Contribution(s) and allowing User access, DMTF is under no obligation and does not assume any obligation to monitor or manage the Contribution(s) in any particular way. Thus, DMTF does not promise the accuracy, integrity, appropriateness for any particular application, or quality of the Contribution(s), and DMTF does not endorse them in any manner. Therefore, User assumes full and sole risk and responsibility for both the Contribution(s) that it may request to be posted/republished, as well as for using and/or relying upon any Contribution(s) submitted by others and republished by DMTF on the Redfish Community Publication Portal.

DISCLAIMER OF WARRANTIES

BY ACCESSING THE REDFISH COMMUNITY PUBLICATION PORTAL, USER ACKNOWLEDGES AND AGREES THAT THE CONTRIBUTION(S) AND CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER DMTF, ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, IF ANY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “DMTF PARTIES”) GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE CONTRIBUTION(S) ON THE REDFISH COMMUNITY PUBLICATION PORTAL. USER EXPRESSLY AGREES THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTRIBUTION(S) AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTRIBUTION(S) AND CONTENT ARE ASSUMED SOLELY BY USER. NONE OF THE DMTF PARTIES MAKE ANY, AND THEY HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE REDFISH COMMUNITY PUBLICATION PORTAL AND CONTRIBUTION(S), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY OF THE DMTF PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USER RELIANCE ON INFORMATION OBTAINED THROUGH THE REDFISH COMMUNITY PUBLICATION PORTAL. IT IS USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT. IN NO EVENT SHALL ANY OF THE DMTF PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE REDFISH COMMUNITY PUBLICATION PORTAL. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS DMTF PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF USER IS DISSATISFIED WITH ANY PORTION OF ANY DMTF SITE, OR WITH ANY OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE REDFISH COMMUNITY PUBLICATION PORTAL AND/OR DMTF SITE.

THIS AGREEMENT IS GOVERNED BY OREGON LAW TO THE EXCLUSION OF ANY CONFLICT OF LAW ALTERNATIVES.

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