This document represents the International Foundation for Information Technology (IF4IT) Master Agreement, also referred to, herein, as the “Master Agreement”, or the “Agreement”, or the “Licensing Agreement”.
The International Foundation for Information Technology is also referred to as the IF4IT or the Foundation, herein and throughout its publications.
The Master Agreement covers all terms, conditions, constraints and boundaries associated with contributions to the IF4IT as well as those associated with the use of any and/or all of the IF4IT’s published or unpublished solutions.
This Master Agreement regularly refers to the Foundation’s “solutions”. For the purpose of this Agreement and any other documentation or content published by the Foundation, the term “solutions” is defined to include any data, content, document, tool, product and/or service that has been or is being created by, is being or has been published by, is offered or has been offered for public consumption by, is offered for sale or has been offered for sale by, or has been sold in the past by The International Foundation for Information Technology (IF4IT), any of its partners, any of its affiliates, any of its subsidiaries and/or any of its franchises.
Terms and Conditions for Acceptable Use of IF4IT Solutions
The Foundation does permit users of its solutions to use them in an “open and sanctioned” manner, which is defined herein.
Acceptable Use Policy : Permission to Use The Foundation’s Solutions in an “Open and Sanctioned” Manner
The definition of “open and sanctioned” is equivalent to the full set of terms, conditions, constraints, and limitations set forth within this entire Master Agreement and which are elaborated upon in this section.
Solutions offered by the Foundation through this Web Site or other Foundation related infrastructure are available for public viewing and use that is subject to the terms, constraints, boundaries, conditions and limitations set forth, herein. You must register or enter into a separate agreement with the Foundation to access other portions of this Web site or any other Foundation related infrastructure and/or solutions that are not directly accessible without some form of a dedicated account and/or password. Subject to the terms, boundaries, constraints, conditions and limitations set forth in this Agreement and any other written license or agreement pursuant to which you use our solutions or services, the Foundation grants you permission to do the following:
- (i) – view and use, for Foundation intended purposes, those portions of this Web site to which the Foundation has granted access;
- (ii) – make one complete, unaltered electronic copy and/or one complete, unaltered paper copy of any page on this Web Site to which we have granted you access, provided you retain all copyright, trademark and/or other proprietary and legal rights notices;
- (iii) – download and copy, for Foundation intended purposes, any content or document that is not considered a standalone Web Page for use in implementing localized enterprise solutions, where “localized” refers to the legal entity for which you are working and performing internal business, in the role of an employee, consultant or contractor, strictly in a capacity where your work and its byproducts are not being offered to any of the legal entity’s customers/clients or any other entity in a manner that is intended for profits;
- (iv) – obtain our solutions and sign up for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any license agreement(s) and/or other agreement(s) associated with and pursuant to those solutions and services;
- (v) – use any Foundation provided discussion forums, contact lists and e-mail links to which you have been granted access to interact with the Foundation and other users of our solutions in ways that do not violate our Acceptable Use Policy or any laws of the United States of America or any of its State or Local Governments. Any other use of this Web site or its contents is prohibited without first obtaining written permission from the IF4IT;
- (vi) – act as an employee of, consultant or contractor for any entity that implements IF4IT solutions for itself and for internal and local use within the legal entity that you are employed in a “not-for-profit” manner. “Not-for-profit”, in this case, means that the legal entity in which such Foundation solutions are being implemented is not using said solutions to make a profit, financial or otherwise.
NOTE: All of the above must include a written disclosure to the receiving party or legal entity that the content, material or solutions being used/provided was originated and is being supplied by “The International Foundation for Information Technology” or “IF4IT”.
All individuals and all legal entities, including but not limited to Corporations of any form, Limited Liability Corporations, Limited Liability Partnerships, Nonprofits, Government Entities and Not For Profits, are explicitly not allowed to do any of the following without explicit and appropriate written agreement (such as a contract or license) by the International Foundation for Information Technology:
- (i) – sell, resell or make a profit from (financial or otherwise) any of the solutions, names, trademarks, copyrights or brands of the Foundation;
- (ii) – brand themselves, their products, their services or their solutions as being, being affiliated with, being compliant with or being certified by the Foundation;
- (iii) – rebrand any of the content or solutions offered by the Foundation as being offered by or as being a part of any individual or entity other than the Foundation;
- (iv) – republish any Foundation content or solutions to Web Sites, to Web Pages or to any form of commercial marketing material that is/are not owned or operated by the Foundation or its affiliates, partners, subsidiaries and franchises;
- (v) – use any Foundation content to generate, through any means, any other derivative content that is not owned or operated by the Foundation;
- (vi) – use any Foundation content to generate, through any means, any other derivative software or software code constracuts that is or are not owned or operated by the Foundation;
Any violation of any of the above will be treated as theft of Foundation property (intellectual or otherwise) and shall be prosecuted to the full extent of the law and exceptions to the above are the sole discretion of the Foundation.
This Acceptable Use Policy is intended to promote the integrity, reliability and security of our Web Site (http://www.if4it2.varickdev.com), any other Web Sites that are offered through the Foundation, and any and all solutions the Foundation provides. This policy, any license agreement pursuant to which you use our solutions, and the terms and conditions set forth on the Terms and Conditions page or section of our Web Site together govern your access to and use of our solutions. If you do not accept this policy, you may not access or use any of our solutions. The Foundation retains the right to modify this policy or the Agreement, whole or in part, at any time by posting the modified policy on our Web Site.
Copyrights, Trademarks, Trade Secrets and Other Proprietary Rights
This Web Site and its Web Pages contains text, data, content, software, photographs, graphics, videos, music, sounds and other information, material and solutions that is/are protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of The International Foundation for Information Technology (IF4IT) and its licensors and affiliates. The Foundation and its licensors and affiliates reserve all rights with respect to this Web Site’s content, including (without limitation) all rights to copy, possess, display, distribute, transmit, modify, remove, market, sell, resell and create derivative works of it.
The International Foundation for Information Technology (IF4IT) is dedicated to designing and implementing state-of-the-art enterprise Information Technology (IT) operations solutions and services for use in a variety of fields. A major focus of our effort is the development of new solutions, technologies and inventions. It is the Foundation’s policy and practice to seek all available legal protection for its developments and to enforce that protection where necessary. The Foundation’s solutions, technologies and inventions are protected by patent, copyright, trade secret, trademark, contract and/or other law, and the Foundation requests that all parties, including its competitors, suppliers and business partners respect that protection.
Absence of express notice on this site or elsewhere that a particular piece of the Foundation’s work is eligible for legal protection should not be interpreted to infer that such work is unprotected or is public domain material. At any given point in time, the Foundation is in the process or working through legal counsel to perfect each type of legal protection available for its solutions, technologies and inventions. To the extent that there is any doubt whether a particular work is subject to legal protection, The International Foundation for Information Technology invites your inquiry so that inadvertent infringement of the Foundation’s legal rights may be avoided.
Exceptions to “Open and Sanctioned“
If the reader is confused as to which resources and/or products and services are open and sanctioned versus those that are for profit, simply ask and we will be mroe than happy to help you.
Linking, Framing and Metatags
You may make referential links that are properly cited to any of the Web Pages (i.e. pages) or content within those pages, on this Web Site, that are not password protected, except that you must agree to the Foundation’s terms for linking and use, in context with the whole Master Agreement and follow the procedures it describes if you wish to create a download link to any of our downloadable products or information. Please be aware that we continually update and revise our Web sites. We cannot guaranty that each page to which you may provide a link will remain available or that its content will remain the same.
You may not frame or otherwise use or display our Web Sites, Web Pages or any of their contents in any way that might lead others to believe that they were created or are operated by you or any party other than The International Foundation for Information Technology (IF4IT).
Aside from formal citing and referencing to or of any material on the Foundation\’s web site, you may not use any of the Foundation’s trademarks or any of the textual content of our Web Sites and their Web Pages as metatags in your own Web site, unless we have granted you a license explicitly permitting you to do so.
The Foundation takes privacy of its solutions and stakeholders seriously. The federal government and technology industry have developed practical tips to help you guard against internet fraud, secure your computer and protect your personal information.
This policy covers how the Foundation collects, receives and uses your Personal and/or Professional Information, including your present and past use of the Foundation’s solutions. Personal information is the information about you that is personally identifiable, like your name, address email address, phone number, and that is not otherwise publicly available. Professional information is the information that, coupled with some of your personal information, would include things like where you work, your title, your employment responsibilities and information about your company or legal entity that would not otherwise be publicly available.
This policy does not apply to the practices of companies that the Foundation does not own, operate or control, or to people that the Foundation does not employ or manage.
Any legal entities acquired by the Foundation may have their own Privacy Policies. In the event of use of their solutions, their Privacy Policies shall supersede this one, unless explicitly stated in writing.
The Foundation collects personal and/or professional information when you register with the Foundation through any of our services, when you visit Foundation Web Pages, or the pages of certain Foundation partners, and when you enter promotions or sweepstakes that the Foundation is offering or is legally involved in. The Foundation may combine information about you that we have with information we obtain from business partners or other companies.
When you register we ask for information such as your name, email address, birth date, gender, ZIP Code, occupation, industry and personal or professional interests. For some solutions we might also ask for your address, Credit Card information and possibly even your Social Security Number. Therefore, when you register with the Foundation and sign into any of our infrastructure, you are not anonymous to us.
The Foundation collects information about your transactions with us and with some of our business partners.
The Foundation automatically receives and records information from your computer and browser, including but not limited to your IP Address, Foundation cookie information, software and hardware attributes, and the Web Page you request or came from. The Foundation keeps such information on hand for as long as it deems necessary and makes no warrants that such information shall be on record and available should it be requested by a third party.
The Foundation uses information it collects for the following general purposes:
- to customize and/or target the advertising and content you may see;
- to conduct research;
- to fulfill your requests for solutions;
- to modify and/or improve our solutions;
- to contact you as part of normal Foundation business;
- to provide anonymous reporting for external entities that do not have a “need to know”;
- to provide transparent and non-anonymous reporting for any internal or external entities that do have an appropriate “need to know”; and
- to manage data and information about our users and members that allows the Foundation to operate according to its business practices and within the boundaries of federal and state laws.
The Foundation does not rent, sell or share personal or professional information about you with other people or non-affiliated companies, expect to provide solutions you’ve requested or agreed to participate in, when we have your permission, or under the following circumstances:
- We provide the information to trusted partners who work on behalf of or with the Foundation under confidentiality agreements. These companies may use your personal or professional information to help the Foundation communicate with you about offers from the Foundation and our marketing partners. However, these companies do not have any independent right to share this information.
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. (NOTE: The Foundation will charge a fee of $200.00 per hour to attorneys who request information, through legal subpoenas, that is not related to a case in which the Foundation is directly involved and a part of.)
- We transfer information about you if the Foundation is acquired by or merged with another company.
The Foundation displays targeted advertisements based on personal and/or information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria. As a result, the Foundation does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
The Foundation works with vendors, partners, advertisers, and other service providers in different industries and categories of business.
The Foundation reserves the right to let other companies that show advertisements on some of our Web Pages set and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to the Foundation’s cookies.
The Foundation reserves the right to use “web beacons”, in conjunction with any of our solutions, that act as localized counters on our Web Pages, so that we can better track and understand Web Site and Web Page traffic and use.
The Foundation reserves the right to send you certain communications relating to the Foundation’s solutions, such as service announcements, administrative messages and any of the Foundation’s Newsletters or notifications, that are considered to be part of your registered account, without offering you the opportunity to opt out of receiving them.
The Foundation limits access, as deemed appropriate, to personal information about you to our own employees, consultants and partners, who we believe reasonably need to come into contact with that information to provide solutions to you or in order to do their jobs.
Communication Via This Web Site
Third Party Statements and Opinions
The Foundation is not responsible for any opinions, advice or statements made by third parties. Except as required by law, we have no obligation to monitor users’ postings to our forums or to remove or retain forum content, although we reserve the right to do so.
Third Party Products, Services, Web Sites and Other Solutions
Third parties, in accordance with our Master Agreement and/or any other contracts, licenses and agreements, may develop or provide solutions such as software, materials, data, information, content, or other products or services for use with the Foundation’s solutions, some of which may be accessible on or via this Web Site. The Foundation makes no representation or warranty with respect to the quality, reliability or non-infringement of any third party product, service or material accessible on or via this Web Site and its Web Pages. Your rights with respect to third party solutions or data may be subject to the terms and conditions of separate agreements with the third parties providing them.
This Web Site and its pages may contain links to third party Web Sites. These links are provided solely as convenience to you. Unless explicitly stated otherwise, they are not intended as a certification or endorsement of the owner of the Web Site, the Web Site’s content, or any solutions available on or via the Web Site. The Foundation does not control and is not responsible for linked Web Sites, pages and content, or any Web Sites (other than our own) that are linked to them.
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INTERNATIONAL FOUNDATION FOR INFORMATION TECHNOLOGY (IF$IT) AND/OR ANY OF ITS BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, FRANCHISES AND SUPPLIERS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEB SITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEB SITE AND ITS CONTENTS, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. By way of example and not limitation, neither the Foundation nor its affiliates represent or warrant that use of this Web Site or its contents will be uninterrupted or error-free; nor do they make any representations or warranties regarding
- (i) – the results that may be obtained from use of this Web Site or its content and solutions;
- (ii) – the accuracy, completeness, reliability, currency or future availability of any information or solutions on this Web Site;
- (iii) – the availability or quality of any solutions distributed on or provided through this Web Site (except as may be set forth in any license or other agreement related to said solutions); or
- (iv) – the results that may be obtained from use of any third-party Web Sites or solutions that are linked to this Web Site.
Limitation of Liability
EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT, BETWEEN YOU AND THE INTERNATIONAL FOUNDATION FOR INFORMATION TECHNOLOGY, PERTAINING TO THE FOUNDATION’S SOLUTIONS, NEITHER THE FOUNDATION NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO USE OF THIS WEB SITE OR ANY SOLUTIONS DISTRIBUTED ON OR PROVIDED THROUGH THIS WEB SITE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, ATTACKS, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR OTHER CAUSES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF THE FOUNDATION AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Export and Import Restrictions
This Web Site is controlled and operated by the Foundation from its offices within the United States. The Foundation makes no representation that the solutions and other materials available through this Web Site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited.
Miscellaneous Terms and Conditions
The terms and conditions contained in this Agreement apply generally to your access to and use of this Web Site and the Foundation’s solutions. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on other pages of this Web Site or by the terms and conditions of the licenses or other agreements pursuant to which you obtain solutions from the Foundation. A specific provision in any of those notices, licenses or agreements that addresses the same subject matter as a provision on this page overrides the provision on this page.
No delay or failure to take any action or exercise any right that the Foundation may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by the Foundation.
Copyright and/or Trademark Infringement
You may not use our services to infringe copyrights or trademarks. We will attempt to terminate service and/or solutions to anyone who we become aware is repeatedly using our solutions in violation of copyright or trademark law. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SOLUTIONS IN COMPLIANCE WITH ALL APPLICABLE COPYRIGHT AND TRADEMARK LAWS.
Other Prohibited Activities
You may not:
- use our solutions, including the contact directories on our Web Sites, to make unsolicited offers or proposals or to send junk mail to the Foundation and users of our solutions;
- harass, defame or defraud users of our solutions;
- deliberately damage our Web Site or interfere with the operation of our services or other users’ enjoyment and appropriate use of them;
- access or use our services in violation of any local, state, national, or international law, including, without limitation, laws governing copyrights, trademarks, intellectual property rights, financial services and export control.
Consequences of Unacceptable Use
The Foundation reserves the right to take any and all action we deem appropriate if we become aware of conduct that we believe does not conform to the requirements of this Agreement, any policy, any license agreement pursuant to which you use our services, the terms and conditions for use of our solutions, or applicable law.
Hold Harmless, Arbitration and Waiver of Right to Legal Action
It is important to understand that, while the Foundation recommends its solutions with the best of intent and with strong belief in their applications, the Foundation is not forcing you to use them. Therefore, by printing, possessing, communicating or using any Foundation solutions, you acknowledge:
- that you are doing so or have done so by your own free will,
- that you have done so at your own risk,
- that you fully accept the consequences and the responsibilities for your or your legal entity’s choices and actions, and
- that you absolve The International Foundation for Information Technology (IF4IT) from any outcome that you deem to be negative or not to your or your legal entity’s satisfaction.
As a result:
- (i) you and your associated legal entities willingly agree to hold The Foundation for Information Technology (IF4IT) financially and legally harmless for your choices and actions,
- (ii) you and your associated legal entities willingly waive any rights to initiate, execute or take part in legal action against The International Foundation for Information Technology (IF4IT) and
- (iii) you hereby agree that any and all disputes or conflicts will be handled by arbitration, at your own expense, as pursuant to the laws of the State of New Jersey, of the United States of America.