Salesforce.org Open Source Commons Terms of Participation

This article is one of four dedicated to providing information about the Commons Program:
- Innovate with the Open Source Commons
- Contribute to the Open Source Commons
- Understand the Requirements for Joining the Program
- Salesforce.org Open Source Commons Terms of Participation

The Salesforce.org Open Source Commons (“OSC”) program promotes Salesforce.org Community open source projects that are sustainable, solve long-term needs of the Community, and meet Salesforce.org standards for quality, development and project management. Salesforce.org LLC (“Salesforce.org”) is an Affiliate of Salesforce.com, Inc. (“Salesforce,” or “We,” or “Our”)."

An “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

PLEASE READ THESE TERMS OF PARTICIPATION (“TERMS”) CAREFULLY AS THEY ARE A BINDING AGREEMENT BETWEEN YOU AND SALESFORCE (“SALESFORCE,” “WE,” “US” OR “OUR”).  “YOU” AND “YOUR” MEANS YOU AND ANY ENTITY ON WHOSE BEHALF YOU ARE ENTERING INTO THESE TERMS (FOR THIS PURPOSE, ANY ENTITY INCLUDES ANY AND ALL OTHER ENTITIES THAT CONTROL, ARE CONTROLLED BY, OR ARE UNDER COMMON CONTROL WITH SUCH ENTITY).  PLEASE NOTE THAT HEADINGS USED IN THESE TERMS ARE FOR EASE OF REFERENCE ONLY AND DO NOT LIMIT THE PROVISIONS HEREOF.  

The Salesforce.org Open Source Commons (“OSC”) program promotes Salesforce.org Community open source projects that are sustainable, solve long-term needs of the Community, and meet Salesforce.org standards for quality, development and project management. Salesforce.org LLC (“Salesforce.org”) is an Affiliate of Salesforce.com, Inc. (“Salesforce,” or “We,” or “Our”)." 

By participating in the OSC program, You agree that Your participation will be subject to the Salesforce Privacy Statement (“Privacy Statement”), available at https://www.salesforce.com/company/legal/privacy/  These Terms or the Privacy Statement may from time to time be changed.  By continuing to participate in the OSC program after any changes to these Terms or Privacy Statement become effective, Your participation will be subject to, and confirms Your agreement with, the updated Terms and Privacy Statement.

1. DEFINITIONS  

1. “Community” means the virtual community developing and maintaining software that supports or relates to Salesforce.org products or services through open source initiatives and programs including the OSC.  Members of the Community may include, by way of example, independent systems integrators, software vendors, consultants and individual contributors associated with such members, as well as staff of Salesforce.

2. “Contribution” means any Work that You Submit for inclusion in, or documentation of, any software in the OSC program other than software of Your Project.  If You conspicuously mark or otherwise designate in writing that a communication from You is "Not a Contribution," then that communication will not be considered Submission of a Contribution.  

3. “Program Requirements and Guidelines” or “PRG” means the additional requirements, guidelines, and rules governing Your participation in the OSC program, available at Program Requirements and Guidelines for Open Source Commons via https://help.salesforce.com/s/articleView?id=000372477&type=2 , and incorporated herein by reference as if set forth in full as additional terms and conditions of these Terms.  

4. “Submission” or “Submit” means any form of electronic, verbal, or written communication, such as communication on electronic mailing lists, source code control systems, and issue tracking systems, or the act of carrying out the same, as the context requires.

5. “Work” means any original work of authorship, including any modifications or additions to an existing work.

6. “Your Project(s)” means the project(s) in the OSC program of which You are a formal team member.

7. “Your Works and Contributions” means collectively: (a) Your Works included in or documenting any software of Your Project(s), and (b) Contributions.     

2. OSC PROGRAM OVERSIGHT; YOUR RESPONSIBILITY FOR PROJECTS

1. Oversight and Involvement by Salesforce.org.  Salesforce.org’s oversight for and involvement in the OSC program is primarily directed at ensuring projects meet the Program Requirements and Guidelines and are otherwise carried out in a manner conducive to achieving objectives for the Community.  Our oversight and involvement may include, by way of example: (a) enforcing compliance with the PRG as well as additional requirements regarding Your product development, management, and deployment, and (b) advising with respect to Your Projects, as may be described in the PRG.  

2. Security and Trust.  As stated in the Program Requirements and Guidelines, Your Managed Package must be submitted for, and ultimately pass, Salesforce Security Review. Even after Your package is approved by Salesforce Security Review, Salesforce retains the right to modify and release new versions of the package to address security or trust violation issues, and You agree to cooperate in this process.

3. Your Responsibility for Projects.  YOU ARE PRIMARILY AND ULTIMATELY RESPONSIBLE FOR YOUR PROJECTS.  Salesforce.org may, at its discretion, provide guidance and recommendations regarding Your Project(s), which may include without limitation code review or other direct involvement.  The ultimate decision making regarding all aspects of Your Project(s), however, is Your sole responsibility.  Salesforce.org is not receiving any direct or indirect compensation for its involvement in the OSC program or Your Project(s), except as otherwise specifically agreed to between applicable parties.  Subject to the foregoing, any oversight or other involvement by Salesforce.org regarding the OSC program or Your Project(s) shall not be deemed consulting or professional services.    

4. Abandonment of Your Projects. For the purposes of this Agreement only, abandonment of Your Project is defined as: a) You have not responded to Community submissions in Github for 3 months regarding Your Project; b) You have not created a release for more than 3 months after source code changes were merged into the package’s source code; or c) You have expressly communicated Your desire to abandon Your Project by emailing sfdo-opensource@salesforce.org with appropriate details. If You abandon Your Project, You agree that Salesforce.org, in its sole discretion, can assign control of Your Project to a new maintainer.  

5. Third-Party Hosting.  If repositories or any aspect of the OSC program are made available through any third-party hosting provider requiring its own terms of service or similar agreement, Salesforce.org may, but is not required to, enforce the terms of such agreement against You in the provider’s place if they delay or fail to do so.

3. YOUR PARTICIPATION IN THE OSC PROGRAM AND COMMUNITY

1. Trailblazer Community.  The OSC program is offered through the Trailblazer Community (“TBC”) located at https://trailhead.salesforce.com.  You must maintain an active profile on the TBC to participate in the OSC program and the Community.  The Salesforce Program Agreement, available at https://www.salesforce.com/company/program-agreement/ shall supplement these Terms and also govern Your participation in the OSC program and Community as if the same were part of the HTBC, except as to matters which, as a practical matter, cannot apply to the OSC program or Community.  In the event of any conflict or inconsistency between these Terms and other terms incorporated by reference, then solely with respect to your participation in the OSC, these terms shall control.

2. Program Requirements and Guidelines.  You agree that You and Your Project(s) shall be subject to the Program Requirements and Guidelines.  The PRG contains terms and conditions that must be met as a condition for inclusion and continued participation in the OSC program and Community.   

3. Online and Offline Participation; Prohibitions.  Participation in the OSC program and Community may include both Your online and offline participation.  In connection with Your participation in the OSC program and Community, You will not upload, post, host or transmit any code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.

4. Administrator Access. In order to facilitate the OSC program, You agree that Salesforce.org must have, and that You will provide, administrator access to Your Works and Contributions.

4. YOUR REPRESENTATIONS

1. Power and Authority.  You represent that You have full power and authority to enter into these Terms and to grant the applicable license(s) herein with respect to each of Your Works and Contributions.  

2. Original Creation.  You represent that each of Your Works and Contributions is Your original creation, except as provided pursuant to Section 4.3 of these Terms. 

3. Distribution. You agree that each of Your Works and Contributions will be distributed at no cost to the recipients. If You want to charge for Your Works and Contributions, You will have to create a new package.

4. Third-Party IP.  You represent that each of Your Works and Contributions includes complete details of any third‑party license or other restriction (such as related patents, copyrights and trademarks) You’re aware of that are associated with Your Works and Contributions or any part thereof, as applicable.

5. Your Employer.  If Your employer has any right to intellectual property You create that includes any part of Your Works and Contributions, You represent that You have specific authorization from Your employer to Submit such part of Your Works and Contributions on their behalf or that Your employer has waived its rights to such part of Your Works and Contributions.

5. INTELLECTUAL PROPERTY

1. Work Product.  No work product provided by Salesforce.org or Salesforce, or its Affiliates, in connection with the OSC program may be included in or document any software of Your Project(s) unless: (a) such work product was created specifically by Salesforce.org or Salesforce, or its Affiliates, for Your Project(s) and was not pre-existing; or (b) the required intellectual property rights with respect to such work product are specifically licensed by Salesforce.org or Salesforce, or its Affiliates, for inclusion in, or documentation of, the software of Your Project(s).  

2. Your Works and Contributions.  Your Works and Contributions are subject to the following license requirements:

1. Your Works included in or documenting any software of Your Project(s) shall be licensed in accordance with the licensing requirements set forth in the PRG; and

2. Subject to these Terms, You hereby grant to recipients of any software which includes or is documented by Your Contribution(s) a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Your Contribution(s) and such derivative works in source or object form.   

3. Exceptions. Except as set forth in these Terms or as otherwise may be agreed to between applicable parties, no transfer or assignment of intellectual property rights shall result by virtue of these Terms.  Without limiting the foregoing, these Terms shall not prevent or limit the right of Salesforce.org or Salesforce, or its Affiliates, or You to enter into any separate contribution license or similar agreement regarding any work product subject to Section 4.3 above.  For the sake of clarity, Salesforce.org and Salesforce, and its Affiliates, are entitled to license, relicense, or sublicense Your Works and Contributions to individuals or entities under the 3-Clause BSD License, available at https://opensource.org/license/bsd-3-clause, provided that the required intellectual property rights with respect to such work product have been licensed by Salesforce.org or Salesforce, or its Affiliates, and the license, relicense, or sublicense is designed to support our Community's efforts to solve and address concerns around trust, continuity, and sustainability.

6. NO WARRANTY; LIMITATION OF LIABILITY; NO ENDORSEMENT

1. YOU ASSUME ALL RISKS AND LIABILITIES.  ANY OVERSIGHT, ADVICE, GUIDANCE, WORK PRODUCT OR OTHER INPUT PROVIDED BY SALESFORCE.ORG OR SALESFORCE, OR ITS AFFILIATES, IN CONNECTION WITH THE OSC PROGRAM IS PROVIDED “AS IS” AND AS AVAILABLE WITH NO WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE QUALITY, ACCURACY AND SUFFICIENCY OF ANY OVERSIGHT, ADVICE, GUIDANCE, WORK PRODUCT OR OTHER INPUT PROVIDED BY SALESFORCE.ORG OR SALESFORCE, OR ITS AFFILIATES, IN CONNECTION WITH THE OSC PROGRAM, AND FOR DETERMINING WHETHER TO USE OR INCORPORATE ANY OF SAME INTO ANY WORK PRODUCT RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR PARTICIPATION IN THE OSC PROGRAM, AND YOU ASSUME ALL RISKS AND LIABILITIES RELATED TO THE FOREGOING.    

2. LIMITATION OF LIABILITY.  IN NO EVENT SHALL SALESFORCE.ORG OR SALESFORCE, OR ITS AFFILIATES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE OSC PROGRAM, INVOLVEMENT BY SALESFORCE.ORG OR SALESFORCE, OR ITS AFFILIATES, IN THE OSC PROGRAM, THESE TERMS, YOUR PARTICIPATION IN THE OSC PROGRAM OR COMMUNITY, ANY WORK PRODUCT (INCLUDING, BUT NOT LIMITED TO, OURS AND YOURS) RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THE OSC PROGRAM OR COMMUNITY, OR REPOSITORIES OR ANY ASPECT OF THE OSC PROGRAM PROVIDED BY THIRD-PARTY HOSTING PROVIDERS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

3. NO ENDORSEMENT.  NEITHER THE NAME OF SALESFORCE.ORG NOR SALESFORCE, OR ITS AFFILIATES,NOR ANY REPRESENTATION OF ANY OF THE FOREGOING MAY BE USED TO ENDORSE OR PROMOTE ANY WORK PRODUCT (INCLUDING, BUT NOT LIMITED TO, OURS AND YOURS) RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THE OSC PROGRAM OR COMMUNITY WITHOUT SPECIFIC PRIOR WRITTEN PERMISSION.  

7. INDEMNIFICATION

1. BY YOU.  You agree to indemnify and hold Salesforce.org and Salesforce, and its Affiliates, harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from or related to:  (a) Your violation of any intellectual property rights of a third party, applicable law or these Terms, or (b) Your work product resulting in whole or in part, directly or indirectly, from participation in the OSC program or Community.  

8. MISCELLANEOUS

1. Relationship of Parties.  These Terms do not create any partnership, employment, agency, franchise, fiduciary or joint venture relationship between the parties.

2. Third Party Beneficiaries.  Recipients of any software which includes or is documented by Your Contribution(s) are intended third party beneficiaries of these Terms. 

3. Additional Modifications.  We reserve the right to modify these Terms, the Program Requirements and Guidelines and the OSC program at any time, without giving You prior notice.  You may view such changes by visiting the Program Requirements and Guidelines for Open Source Commons via https://help.salesforce.com/s/articleView?id=000372477&type=2.  As the Terms, the Program Requirements and Guidelines, or the OSC program may be modified at any time, please be sure to check regularly for updates.  If You do not like or agree to a change, You may discontinue Your participation in accordance with the Program Requirements and Guidelines.  

4. Terminating Your Participation.  We reserve the right, in Our sole discretion and without notice to You, to terminate Your participation in the OSC program and Community.

5. Reporting Violations.  To report violations of these Terms, please email opensource@salesforce.org with appropriate details and include Your contact information.

6. Assignment.  We may assign these Terms without notice or restriction.  You may not assign Your rights or obligations under these Terms, whether by operation of law or otherwise, without Our prior written consent.

7. Entire Agreement.  Except as expressly stated herein, these Terms constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter contained herein.

Governing Law and Venue.  These Terms and any dispute arising from these Terms shall be governed exclusively by the laws of the State of California (without regard to its conflicts of laws rules).  The state and federal courts located in San Francisco County, California shall have exclusive jurisdiction over any dispute relating to these Terms, and You consent to the exclusive jurisdiction of those courts.  Notwithstanding the foregoing, We may seek injunctive or equitable relief from any court of competent jurisdiction, at any time, to protect or enforce Our rights under these Terms.