Academic Use Agreement

Ohloh Academic Use Agreement

About the Academic Use Agreement

Thank you for your interest in using Ohloh data for academic research. Black Duck Software, Inc. (“Black Duck”), the owner of the Ohloh web sites (“Sites”) and copyrighted content (“Content”), is pleased to offer this resource to the academic community to encourage greater understanding of Free and Open Source Software (“FOSS”).

This Agreement covers both the use of the Sites and Content, as well as the use of the Ohloh API, a set of programming interfaces (“API Feature”) that allow you to connect to and access the Sites.

Your Agreement With Us

Black Duck permits access to and use of the Sites and Content for the purpose of academic research under the terms of this Academic Use Agreement (“Agreement”) and all of the terms and conditions in the Black Duck Terms Of Use (“Terms”), located at http://blog.openhub.net/terms/ and hereby incorporated by reference (collectively, the “Academic Use Agreement”). Please submit the Academic Use Agreement Request Form (“Proposal”) for approval using the form on the Sites. Alternatively, you may email the form to info@ohloh.net. The contents of this form are also hereby included by reference.  PLEASE READ THIS ACADEMIC USE AGREEMENT CAREFULLY. BY USING THE SITES FOR ACADEMIC PURPOSES YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS ACADEMIC USE AGREEMENT. If you are entering into this Academic Use Agreement on behalf of an academic institution or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our Sites using the API Feature through your account to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Academic Use Agreement and may not use the Sites for academic purposes.

These terms and conditions are effective as of May 5, 2014. Black Duck reserves the right to change this Agreement from time to time without notice, so you should check this Agreement periodically to see whether it has changed. If you use the Sites, Content, or API Feature after we post changes to the Agreement, you accept the changed terms.

License Grant

Subject to the requirements of this Agreement and to the approval by Black Duck of your Proposal, Black Duck grants you a fully paid-up, limited, non-exclusive, non-assignable, non-transferable, worldwide license to use the Sites, Content, and API Feature only for academic research intended to further the understanding of the FOSS movement and phenomenon. Other research objectives, and research objectives not included in your Proposal are prohibited under this Agreement. Other uses of these Sites may be allowed under different terms and conditions.

Additional Conditions

You agree not to distribute any Content you obtain from the Sites or through the use of the API feature to any third party, including to any persons or outside organizations or entities, including other researchers at your academic institution or other academic institutions who are not parties to this Agreement.

Under the terms of this Agreement, you may not use the Sites or the API Feature for any purpose, including all commercial and non-commercial uses, other than the specific academic research licensed herein. If your research objectives change, you must re-submit your Proposal.

If you wish to publish specific, actual data obtained through the Sites or the API Feature, you agree to anonymize project IDs and names, account IDs and names, and any personally identifying information such as email addresses, and all data that identifies persons that you obtain in the course of your research. You agree to take reasonable steps to secure the data you obtain under the terms of this Agreement from unauthorized access, and to protect the privacy of the persons whose activities are recorded in the data.

Accessing the API for Academic Research

API Keys

In order to access the API Feature, you must be issued an API key. You must have a registered account on Ohloh to be issued an API key, and each API key is unique, and associated with an account, and a specific Proposal. An account may have more than one API key associated with it. Each research project must use the one API key assigned to it, and only that one API key, to access the API Feature. You may apply for an API key by completing the form on the Ohloh service at https://www.ohloh.net/accounts/me/api_keys/new, referencing your Proposal, and describing your intended use of the API Feature. We may, at our sole discretion, evaluate your intended use to determine that it complies with this Agreement, and the Black Duck Terms of Use and Privacy Policy. Issuance of an API key does not constitute an endorsement by Black Duck, nor an affirmative statement that your intended use does not conflict with this Agreement or the Terms, or Privacy Policy.

Each registered account is limited 10 API keys under this Agreement and other agreements governing use of the API Feature. Each API key is limited to 1000 requests/day. If you need more than 10 API keys for your account, or require more than 1000 requests/day for your research, please include these additional requirements in the notes for your API key request. If your requirements change in the future in the course of your research, please contact Black Duck with your additional requirements and we will evaluate your needs and try to help.

You agree not to:

  • Share your API keys with any third party.
  • Use any third party’s API keys.
  • Create or help anyone else create API keys.
  • Register multiple accounts for the purpose of obtaining additional API keys or increasing your aggregate API request limit.
  • Reverse-engineer the API Feature.
  • Circumvent the API Feature’s limits in any way.
  • Use the API Feature or the Content obtained through the API Feature in any way or for any purpose not allowed by the Black Duck Terms of Service.
  • Obtain more Content through the API Feature than is minimally required to perform your research.
  • Use or store registered account identifiers or account information for purposes other than their association with other Content obtained through the API Feature.
  • Remove any copyright or other proprietary rights notices from Content obtained through the API Feature.
  • Sell, lease, sublicense or transfer Content obtained through the API Feature to any third party, directly or indirectly.
  • Charge directly or indirectly for any Content obtained through the API Feature, or for access to Content.
  • Use Content obtained through the API Feature in any advertisements or for targeting advertisements.
  • Use any automated means, including without limitation such software as robots, spiders, search retrieval applications, or other mechanisms to collect or scrape the Sites in any way, except through the use of the API Feature as governed by this API Agreement.

We may change or suspend your access to the API Feature, or block or limit your access to all or any part of it at any time, for any reason. You agree that if, in our sole determination, you have violated this Academic Use Agreement or the Black Duck Terms of Service, we may limit, suspend, or terminate your access to the API Feature immediately, without prior notice. You understand that you are solely responsible for any and all use of the API Feature as authorized by the API keys issued to your registered account, and agree that you will indemnify us in accordance with Section VIII of the Black Duck Terms of Use for your use of the API Feature.

Attribution and Publishing Your Research

You agree to attribute the data you obtain under this Agreement to Black Duck, and to provide a citation to that effect in your published work. You will forward a copy of all research papers, reports, or publications including such data and intended for public release to Black Duck upon publishing them. Please email your finished work to info@ohloh.net.

Black Duck may re-publish or link to these works, and agrees to attribute them to you. Black Duck will associate the names of the authors, the title of the research, the publication date, and sponsoring institution when re-publishing or linking to your finished research, and where possible will provide a link to the original published work on the educational institution’s website. You agree that this visible display of authorship shall be Black Duck’s sole requirement for attribution when using your research.

General Terms

Your use of the Sites and the API Feature are under all of the terms and conditions of the Black Duck Terms of Service as modified by this Agreement. Accordingly, all terms and conditions in these Terms, including but not limited to termination provisions, and the Disclaimer of Warranty and Limitation of Liability, Indemnity, Jurisdiction and Applicable Law, Waiver and Severability, and Copyright Claims sections are in effect, and all provisions of this Agreement and of the Terms which survive termination will remain in effect. Termination of your use of the Sites or API Feature shall not relieve you of any obligations arising or accruing prior to termination, or limit any liability which you otherwise have to Black Duck, including without limitation any indemnification obligations contained in this Agreement or the Black Duck Terms of Service. Any conflict between the Black Duck Terms of Use and this Agreement will be resolved in favor of this Agreement.

Credit

This Academic Use Agreement is a derivative work of the Creative Commons Terms, originally at http://creativecommons.org/terms and licensed under the Creative Commons Attribution 3.0 license. This statement constitutes the required attribution under this license.