ATOMS : Terms of Use
The purpose of the present Terms of Use (TOU) is to define the terms and conditions under which Users may access and use the ATOMS public repository for sharing add-on modules, ToolBoxes, for the SCILAB software. By accessing this repository, Users unreservedly accept these TOU.
Administrator: designates 3DS as administrator of ATOMS.
ATOMS: https://atoms.scilab.org is a public repository designed to enable users of SCILAB software to develop and share Modules. ATOMS is administered voluntarily by 3DS.
Communication: means any physical, electronic or legal communication related to these TOU that is provided to Users by the Administrator or by a court, regulatory authority or regulator.
Contributor: means a User who connects to ATOMS using his GitLab account.
Contribution: refers to any action carried out by a Contributor by means of his/her connection to ATOMS, for example, without this list being exhaustive, sharing a ToolBox, improving a ToolBox, publishing an opinion on a ToolBox, participating in the Exchange Area.
Exchange Spaces: refers to all ATOMS services enabling Contributors to publicly exchange messages or data, in particular to post opinions on ToolBoxes.
Public Forge: refers to all collaborative management and maintenance systems used by Contributors to distribute Toolboxes.
Dispute: means any dispute, claim or other matter arising out of or relating to these TOU.
SCILAB: stands for SCILAB, an open-source, multi-platform numerical computation software that provides a computational environment for scientific applications. It features a high-level programming language and provides a suitable environment for numerical computation and analysis, data processing and visualization, algorithm and application programming, modeling and simulation of dynamic systems. SCILAB is the result of collaborative work by various academic institutes and is distributed under the GNU General Public License (GPL) v2.0.
Services: refers to the functionalities available on ATOMS.
Third-party services: refers to services and data provided by or through third parties connected to ATOMS, including authentication delegation using GitLab.
ToolBox: Software module or add-on for use with SCILAB.
TOU: means the present terms and conditions of use, as amended from time to time.
User: Any individual or legal entity accessing ATOMS, including Contributors.
Access to the ATOMS repository is open to any User with an Internet connection. Some features, such as Contribution, require a GitLab account, which must be used to log in.
Any User may freely download available ToolBoxes provided by Contributors in accordance with the conditions under which such ToolBoxes are made available by Contributors. The User undertakes to comply with the terms of the license chosen by the Contributor and is solely responsible for the terms of access and use of the ToolBox he wishes to download. Access to ATOMS may not be used for any purpose that is unlawful or prohibited by law, international conventions or these TOU, for any transaction involving prohibited activities, provided or used for any transaction involving an individual, organization, country or jurisdiction blocked or sanctioned by international law.In this respect, Users undertake to:
Each User is solely responsible for evaluating the security requirements of his or her computer equipment and for selecting and implementing appropriate security procedures to mitigate his or her exposure to potential security incidents. This responsibility includes selecting appropriate administrative, procedural and technical controls to protect its financial accounts and implementing certain security procedures in connection with its use of ATOMS. The User understands that its responsibility for the security of its personal equipment is not diminished by the security procedures implemented by ATOMS or GitLab. It is also the User's sole responsibility to independently implement additional controls that meet any needs the User may have identified. ATOMS or GitLab may update their security procedures at any time, and continued use of the services constitutes irrevocable acceptance by the User of the updated security procedures. By using the services, the User declares that he/she has implemented security procedures. The User assumes full responsibility for disabling or failing to properly use the security procedures made available or implemented at the User's discretion.
The Administrator may, at its sole discretion, at any time, add, interrupt, delete or modify existing ATOMS services. Consequently, the User has no guarantee that each of the services will always be offered, will always be available, or that the User will be able to use a particular service.
Access to the repository for Contribution to existing ToolBoxes or the creation and sharing of new ToolBoxes requires the Contributor to have a valid GitLab account. By using ATOMS, the Contributor accepts that :
As a consequence of the foregoing, connection to ATOMS implies that Contributors accept and comply with the GitLab term of use, https://about.gitlab.com/terms/ as well as all related conditions, in particular the GitLab personal data policy: https://about.gitlab.com/privacy/
The Administrator has no control over Contributors' access other than the use of a GitLab account. Consequently, any owner of a GitLab account may freely connect to ATOMS to contribute.
Contributors may share their modules subject to the following conditions:
Connection to ATOMS by means of a GitLab account implies unreserved adherence to these provisions. Consequently, Contributors declare and guarantee, under their sole responsibility, that they will comply with the conditions of these TOU.
Each User remains solely and entirely responsible for choosing, downloading and using the modules present on ATOMS.
By using these modules, the User expressly agrees to:
The User acknowledges that failure to comply with the licenses may result in legal action by the rights holders, without the Administrator being held liable.
As a consequence of the foregoing, the Administrator expressly disclaims any responsibility for the content of modules shared on ATOMS. Users acknowledge and accept that :
When accessing ATOMS, no data is collected by the Administrator.
The Administrator and Users undertake to comply with current data protection regulations, including the General Data Protection Regulation.
The Administrator does not exercise any a posteriori control over the Contributors possessing a GitLab account with which they will have connected and consequently does not collect in their respect any personal data, the technical data of navigation are for him anonymous, the identification of the Contributors is made under the pseudonym of the GitLab account and the address of contact is that related to this account.
The Administrator remains the owner of the intellectual property rights relating to the ATOMS site and more generally to the elements, technologies, know-how, brands and logos of which he is the owner.
Contributors retain the intellectual property rights to their ToolBoxes. By sharing a module, the Contributor grants a non-exclusive, worldwide and free license allowing users to download, use and modify the ToolBoxes in accordance with the terms of the declared license.
Users do not acquire any intellectual property rights other than those conferred by the licenses associated with the ToolBoxes they download.
The Administrator undertakes to moderate discussions on the Exchange Spaces using an a posteriori approach, i.e. by examining messages after they have been published. This method aims to guarantee a respectful and useful discussion space for all users.
The Administrator may not be held liable for content published by Users unless he has prior knowledge of any abuse, abusive language or illegal content, in accordance with the legal provisions in force and these TOU. Consequently, the Administrator declines all responsibility for direct or indirect damage resulting from comments made on the Exchange Spaces.
Users are strongly encouraged to report any inappropriate or suspicious content. The Administrator will then take the necessary steps to deal with such reports as quickly as possible.
Any action taken by the Administrator in the context of moderation does not constitute an obligation to monitor posted messages on an ongoing basis, nor does it constitute liability for content that may harm other users or third parties. The Administrator is not obliged to actively monitor the Exchange Spaces.
The Administrator reserves the right to delete any message deemed inappropriate or contravening the present GTU, without this implying any recognition of responsibility for previously published content.
Under the same conditions, the Administrator reserves the right to delete ToolBoxes that have been reported to him as manifestly infringing the rules of the TOU, without this constituting any control of content, quality, security or legality.
The Administrator may send to Contributors or Users communications necessary for the proper operation of ATOMS or for compliance with these TOU.
These communications will be sent to the contact details associated with GitLab accounts.
Contributors are aware that their use of ATOMS implies unreserved acceptance to receive communications by electronic means. Consequently, they may not withdraw their consent to receive communications by electronic means, in particular with regard to their Contributions.
Contributors are responsible for keeping web browsers, computers and mobile device operating systems up to date to properly receive such communications. Contributors are responsible for all costs imposed by their respective Internet or mobile service providers for sending or receiving communications electronically.
USERS UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ADMINISTRATOR BE LIABLE TO USERS FOR ANY CONSEQUENTIAL OR DIRECT, INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THEIR USE OR INABILITY TO USE ATOMS OR TOOLBOXES SHARED ON ATOMS, LOSS OF PROFITS OR DAMAGE TO REPUTATION, PHYSICAL INJURY OR PROPERTY DAMAGE, OR ANY OTHER LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE TOU OR ANY TERMS, CONDITIONS, AGREEMENTS OR POLICIES INCORPORATED BY REFERENCE THEREIN, WHETHER OR NOT THE ADMINISTRATOR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF BY USERS OR BY THIRD PARTIES.
THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE DIRECTOR'S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE DIRECTOR'S NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY THE DIRECTOR'S FRAUD OR FRAUDULENT MISREPRESENTATION.
ATOMS, THE SERVICES AND THE TOOLBOXES ARE MADE AVAILABLE TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF NON-INFRINGEMENT OF ATOMS, THE SERVICES AND THE OWNERSHIP OF THE TOOLBOXES. NOTHING IN THESE TOU SHALL BE CONSTRUED AS CREATING OR IMPLYING ANY SUCH WARRANTY FOR USERS.
THIRD-PARTY SERVICES, INCLUDING GITLAB SERVICES AND FORGES, ARE NOT PROVIDED OR CONTROLLED BY THE ADMINISTRATOR. THE ADMINISTRATOR DOES NOT PROVIDE ASSISTANCE AND DISCLAIMS ALL LIABILITY ARISING FROM FAILURES OR LOSSES CAUSED BY THIRD-PARTY SERVICES.
THE ADMINISTRATOR DISCLAIMS ANY WARRANTY AND DOES NOT GUARANTEE THAT THE SERVICES, TOOLBOXES AND, MORE GENERALLY, DATA OF ANY KIND PROVIDED UNDER THESE TOU (1) ARE ACCURATE OR ERROR-FREE; (2) WILL MEET THE SPECIFIC NEEDS OR REQUIREMENTS OF USERS; (3) WILL BE USABLE BY USERS AT ANY TIME OR IN ANY PLACE; (4) WILL BE UNINTERRUPTED, SECURE OR FREE OF HACKING, VIRUSES OR MALICIOUS CODE; AND (5) THEIR DEFECTS WILL BE CORRECTED.
THE ADMINISTRATOR IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY DAMAGE, INJURY OR LOSS RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF ATOMS, SERVICES, TOOLBOXES OR FROM THE FAILURE OF USERS TO IMPLEMENT APPROPRIATE SECURITY PROCEDURES.
Users agree to indemnify, defend and hold harmless the Administrator, Contributors, other Users and third-party service providers (including the Administrator's respective affiliates, directors, employees, agents and representatives), from and against any and all losses, liabilities, claims, demands or expenses, including reasonable attorneys' fees, arising out of or related to: proceedings, suits or actions brought by or against the Administrator by any third party due to the breach or alleged breach of these TOU, including any conditions, agreements or policies incorporated by reference, or any other agreement with the Administrator; the acts or omissions of Users; the actual or alleged infringement by Users of the intellectual property rights of any third party, including those of Contributors; the use by Users of third-party services.
These TOU shall be interpreted, applied and governed by the laws of France, and any dispute shall be brought before the competent courts of Paris.
The Administrator may modify these TOU or provide other agreements governing the use of ATOMS in whole or in part without notice and unilaterally. IF A USER DOES NOT AGREE TO THE REVISED TOU, THE USER MUST CEASE USING ATOMS AS OF THE EFFECTIVE DATE OF THE REVISED TOU. Otherwise, continued use of the Services by Users constitutes consent to the revised TOU.
The information provided on ATOMS is for informational purposes only. The Administrator cannot guarantee its reliability, accuracy, completeness or timeliness. Users should verify all information before relying on it. Users are solely responsible for all decisions they make based on information provided on ATOMS. Information may contain third-party content or links to third-party sites and applications. The Administrator cannot control any third-party content, site or application, and is not responsible for the availability, accuracy, completeness or reliability of third-party content or for any damages, losses, failures or problems caused by, related to or arising from such third-party content or third-party products.
The Administrator may respond to and comply with any request (whether from a court of international or French jurisdiction) that it receives concerning the use of the services by Users, including subpoenas, warrants or any other request. The Administrator shall not be liable to Users for any loss suffered by them as a result of its response to such requests. The Administrator may take any action it deems necessary pursuant to such requests. Where permitted, the Administrator will provide reasonable notice to the User concerned that it has received such a request.
If any provision of these TOU is found to be unenforceable or invalid, such provision shall be severed from these TOU and the remainder of these TOU shall continue in full force and effect.
The present TOU come into force with respect to Users as of their first use of ATOMS. The specific provisions relating to Contributors apply to all Users from their first connection to ATOMS by means of their GitLab account.
Users may terminate these TOU by ceasing to use ATOMS.
The Administrator may assign or otherwise transfer these TOU or any of its rights and powers under these TOU without restriction and without notice to Users. Any assignee or successor shall have all rights as if originally named in these TOU in place of the Administrator.
The Administrator shall not be held liable for any failure to perform its obligations under these terms and conditions resulting from a case of force majeure as defined by French law.
These TOU, including any terms, agreements or policies incorporated by reference, constitute the entire agreement between the parties with respect to the subject matter described and supersede all prior proposals or agreements, written or oral, between the parties. No other agreements, representations or warranties other than those set forth in these TOU shall be binding unless in writing and posted by the Administrator.
For any questions relating to these TOU, Users may contact the Administrator at the following address: contact@scilab.org
Users are aware that, by using this contact address, they accept without reservation the possibility of subsequently receiving electronic communications from ATOMS that are necessary for the proper operation of ATOMS or for compliance with these TOU.
These communications will be sent to the e-mail address used to contact ATOMS.
Users may at any time request to no longer receive communications from ATOMS.
