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Terms And Conditions
LINUX MOBILE INTERNET PLATFORM USER AGREEMENT
23 July 2008
ACCESS TO AND USE OF CONTENT:
THIS LEGAL AGREEMENT (“AGREEMENT”) GOVERNS YOUR ACCESS TO THE LINUX MOBILE INTERNET PLATFORM AND WEBPAGES PROVIDED BY ARM LIMITED (“ARM”) AT http://linux.onarm.com (“PORTAL”). ARM MAY MAKE AVAILABLE SOFTWARE SOURCE CODE, OBJECT CODE, PATCHES OR OTHER FILES, DOCUMENTATION OR MATERIALS THROUGH THE PORTAL (COLLECTIVELY “CONTENT”). ARM MAY ALSO PROVIDE THE MEANS FOR YOU TO MAKE CONTRIBUTIONS (EACH A “CONTRIBUTION”) FOR DISTRIBUTION THROUGH THE PORTAL. YOUR USE OF ALL CONTENT, AND YOUR SUBMISSION OF ANY CONTRIBUTIONS, IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE LICENCE AGREEMENTS OR NOTICES DESCRIBED BELOW.
BY CLICKING “I ACCEPT”, OR BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND THE LICENCE AGREEMENTS OR NOTICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THOSE OF THE LICENCE AGREEMENTS OR NOTICES DESCRIBED BELOW, YOU MAY NOT USE THE PORTAL OR THE CONTENT. BY SUBMITTING A CONTRIBUTION, YOU AGREE THAT THE TERMS OF THIS AGREEMENT AND THE NOTICES DESCRIBED BELOW SHALL APPLY TO SUCH CONTRIBUTION. IF YOU DO NOT AGREE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THOSE OF THE LICENCE AGREEMENTS OR NOTICES DESCRIBED BELOW SHALL APPLY TO SUCH CONTRIBUTION, DO NOT SUBMIT IT.
LICENCE TERMS APPLICABLE TO CONTENT (OUTBOUND LICENSING):
Unless stated otherwise, and except as noted below for web pages, all Content made available to you through the Portal is licensed to you under the terms of this Agreement and the applicable licence agreement delivered with, included in or referenced by such Content.
IT IS YOUR RESPONSIBILITY TO LOCATE, READ AND ACCEPT ALL SUCH LICENCE AGREEMENTS, PERMISSION NOTICES AND LEGAL TERMS BEFORE YOU USE SUCH CONTENT.
ARM DELIVERS ANY CONTENT AND WEB PAGES “AS IS”, WITHOUT MAKING ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES REGARDING FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON INFRINGEMENT. ON BEHALF OF ARM AND ANY THIRD PARTY CONTRIBUTORS AND COPYRIGHT HOLDERS, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED.
IN NO EVENT SHALL ARM, THE COPYRIGHT OWNERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, LOSS OF USE, DATA, GOODWILL OR PROFITS, OR OTHER ECONOMIC LOSS) WHETHER SUCH DAMAGES ARE ALLEGED AS A RESULT OF TORTIOUS CONDUCT OR BREACH OF CONTRACT OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMS APPLICABLE TO CONTRIBUTIONS (INBOUND LICENSING):
You agree that any Contribution you submit or upload to the Portal shall be licensed under the terms of a licence designated by you which satisfies the Open Source Initiative’s open source definition (currently available at http://www.opensource.org/docs/osd). If you do not wish, or believe you are unable, to submit your Contribution under these terms, do not submit it. Please contact mailto:linux-admin@onarm.com if you have any questions.
You agree not to submit or upload any Contribution that, to your knowledge, information and belief; (i) discloses the confidential information of any third party; (ii) infringes or misappropriates the intellectual property, trade secrets or other proprietary right of any third party; (iii) contains defamatory, obscene or illegal statements, images or material; or (iv) is in violation of export control restrictions in the USA or other countries. You agree that all your submissions to the Portal (whether or not accepted as a Contribution) are made on a non-confidential basis.
If ARM accepts a Contribution, ARM may distribute such Contribution via the Portal as Content under the terms applicable to Content described in this Agreement. However ARM shall have no obligation to accept, test, validate, use or distribute any Contribution.
WEB PAGE MANAGEMENT AND REMOVAL OF MATERIALS:
“Content” excludes the text and graphics of the web pages that make up the Portal; these are made available solely for you to browse and, if applicable, to edit or to make additions to them. Such edits or additions are not “Contributions”. You agree that ARM may do what ARM sees fit with such edits or additions, including (without limitation) the right to modify, sublicense, publicly disclose and distribute to third parties who may further sub-license, modify, publicly disclose and distribute to other third parties as they see fit on the same basis, and so on.
ARM reserves the right to remove or delete any Contribution, Content or web page at any time without notice.
DATA PROTECTION AND USE:
For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is ARM Limited, a company registered in England and Wales with company number 2557590 (“ARM”). VAT No: GB 636 9028 22. Registered Office Address 110 Fulbourn Road, Cambridge, CB1 9NJ, United Kingdom. ARM Limited is a private limited company. The ARM Group shall mean any company whose voting shares are directly or indirectly controlled by ARM Limited. ARM may request, collect and process the following data through the Portal; your name, email address, a record of your correspondence with ARM, information about your computer, including where available your IP address, operating system and browser type (“Data”). ARM may use Data to contact you for purposes related to the Portal, to notify you about changes to the Agreement, Portal or to any services provided through the Portal or to comply with any legal requirements. ARM may wish to email or post you details of new or updated Content. If you do not wish to receive these, please tick the appropriate box when entering your personal details when registering or submitting your Contribution. If you do not tick the box, you may still unsubscribe at a later date by notifying mailto:linux-admin@onarm.com. Data may be stored in the European Economic Area (“EEA”) or transferred to and stored at a destination outside the EEA. Data may also be disclosed to and processed by staff operating outside the EEA who work for ARM or a member of the ARM Group. ARM may also disclose your Data to third parties; where ARM has contracted a third party to maintain the Portal; in the event that ARM sells or buys any business or assets, in which case ARM may disclose your Data to the prospective seller or buyer of such business or assets; if ARM or substantially all of its assets are acquired by a third party, in which case Data held by it about its customers will be one of the transferred assets; if ARM is under a duty to disclose or share your Data in order to enforce or comply with any legal right or obligation. By submitting your Data, you agree to this transfer, storing and processing. ARM will take all steps reasonably necessary to ensure that your data is treated securely. The Act gives you the right to access personal data held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet ARM’s costs in providing you with details of the personal data ARM holds about you. ARM may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They are used by some of the services provided on the site, storing information about your preferences and to recognise you when you return to the Website. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies.
ARM contract reference number: LEC-ELA-00741-V1.0 KS/PR
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