Website terms of use

The Symbian web site at the following URL: https://developer.symbian.com/sdnpp/ together with all related discussion forums, wiki, directories and databases (the "Website") are offered by Symbian Software Limited (a company registered in England and Wales with registered number 4190020) (referred to as "Symbian", "we" or "our") whose registered office is at 2-6 Boundary Row, Southwark, London, SE1 8HP, UK. The Symbian privacy policy set out at http://www.symbian.com/about/terms/legal/privacy.html explains how we use the information we collect about you. By using and/or by becoming a member of SDN++ you agree to these terms of use. You represent that you have legal authority to enter into these terms of use on your behalf and on behalf of the company, partnership or business that you represent.

References to "Affiliates" of Symbian in these Terms of Use means any company that controls, is controlled by or is under common control with Symbian, where "control" means the holding of shares bearing the majority of the voting rights attaching to all the share in that company or having the power to control the composition of the board of directors of that company and controlling and controlled shall be construed accordingly.

1. Services

This Website and the products and services made available through this Website from time to time are together hereinafter referred to as "the Services". The Services are subject to change at any time and Symbian may add or remove Services as it sees fit in its sole discretion. Some of the Services may be subject to you agreeing to additional terms and conditions relating to their use. In addition Symbian may restrict access to specific Services or parts of the Website.

We may suspend access to the Services at any time (including without limitation for the purposes of website maintenance) without liability to you.

2. Membership and personal use limitation

To use the Services, you will be required to register. The registration conditions are outlined in this clause.

  1. To use the Website, you must register and obtain a unique user identification and password at http://developer.symbian.com/register. All information that you provide to Symbian must be truthful. You must not use an inappropriate user name and Symbian reserves the right to require you to submit a different user name if the chosen name is inappropriate or already in use.
  2. You agree to keep secure and not provide, disclose to or share with any third parties any username or password that you use to access the Services, or any other personal information. Symbian will NEVER ask for your password − and you must not give your password or reminder question out to anyone.
  3. You must not log into the Website using a third party's username or password. You must not impersonate another person, or access (or attempt to access) another user's account or registration details. You agree to inform Symbian by sending an email to sdnpp.support@symbian.com if you become aware of any misuse of your user details.
  4. Symbian reserves the right to temporarily or permanently suspend your use of the Website and/or your user account if you breach these Terms of Use, or for any other reason, and to inform law enforcement agencies or other relevant parties of particular breaches at its discretion.
  5. Symbian will gather, use and store the personal data (such as your name and email address) you submit in accordance with its Privacy Policy, found at http://www.symbian.com/about/terms/legal/privacy.html. By entering into this Agreement you consent to Symbian processing your personal data as set out in its Privacy Policy.
  6. By registering, you agree that Symbian may use the data submitted at the time of registration to contact you for the purposes of the administration of the Services. If you tick the opt-in box to receive communications from us you give consent to the use of your personal information by Symbian and/or other companies selected by us for the purposes described.
  7. You may terminate your registration at any time by sending an email to sdnpp.support@symbian.com. Symbian reserves the right to reject your application in its sole discretion.

3. Content

Symbian makes no representations about the suitability of the content, material, documentation, tools or information contained in the pages, documents, downloads, discussion forums, wiki, directories, databases and graphics published on the Website, but excluding Submissions from Website users as defined in clause 4 ("Content"), for any purpose. All Content is provided on an "as is" basis without warranty of any kind. Symbian hereby disclaims all warranties and conditions with regard to the Content, including all implied warranties and conditions of satisfactory quality, fitness for a particular purpose, title and non-infringement and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

While we attempt to ensure that the Content is accurate, we cannot guarantee that it will always be fault-free or up to date. The Content could include technical inaccuracies, typographical errors or out of date material. We endeavour to correct errors and omissions as quickly as practicable. We do not accept liability for any such errors and omissions, or any out of date material or material provided by any third party. Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any such reliance.

Further, Symbian does not warrant that you will have uninterrupted use of the Website or Services or that the Website will be free from viruses, corrupted data, trojans, logic bombs worms, defects or other code that manifests contaminating or destructive properties, or that your use of the Website will not damage your computer.

The Content includes trade secrets and information of a confidential nature of Symbian including but not limited to Symbian OS and information of a confidential nature concerning Symbian OS, information relating to Symbian's business affairs, activities, products or services and the work relating to Symbian and/or Affiliates of Symbian by, with or for any third parties ( "Confidential Information"). Your access to and use of such Confidential Information is subject to the confidentiality terms set forth in your licence to use Symbian OS (Development Kit Licence, Customisation Kit Licence or Binary Access Kit as applicable) or the terms of your SPN Membership Agreement if your company, partnership or business does not have such licence.

Changes are regularly made to the Content. Symbian may make improvements and/or changes to the Services and/or the Content at any time without notice.

4. SDN++ Forum and Wiki

When using the Website and viewing submissions on the interactive parts of the Website (such as forums and wiki), you need to be aware of the following issues:

  1. The Website may include contributions from various sources over which Symbian has no control (including any content submitted by third party users). The views expressed on the Website are not necessarily those of, or endorsed by, Symbian.
  2. You and other users of the Website may submit material (including images, text, software and files), comments and website links to the Website including through forums, wikis and other interactive services ( "Submissions"). Symbian does not pre-screen or exercise editorial control over Submissions, and takes no responsibility for such Submissions.
  3. Symbian reserves the right to edit or remove Submissions at any time and in its sole discretion, including those that are in breach of these Terms of Use or in breach of any obligation of confidentiality you owe Symbian, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Website and Symbian will not be liable in relation to the removal of, or failure to remove, any Submissions.

5. Your Submissions and use of the Services

You will not use any part of the Website or the Services for any purpose that is prohibited by these Terms of Use. In particular:

  1. You must not imply that you or your Submissions are connected with, employed, endorsed, sponsored or licensed by Symbian or any of its partners, licensees or Affiliates, if this is not the case.
  2. You must not breach obligations of confidentiality that you owe to another party either in posting or using a Submission. If you are unsure whether material is confidential, please check with the owner of that information Submissions posted by you will be accessible by all other users of this Website or, in the case of Submissions posted to an area that is designated a 'private zone', by all users whom Symbian has authorised to access such private zone.
  3. Your Submissions must not be illegal, defamatory, discriminatory, or invasive of privacy. Your Submissions must not encourage racial hatred, or be abusive, or (in the reasonable opinion of Symbian) be objectionable or offensive. You must not harass, threaten, embarrass, disparage, defame, or be derogatory to Symbian, its Affiliates, partners, licensees or other users of the Services. In particular, you should not attack the personality or character of other users.
  4. You must not improperly use, modify, or hack into Submissions, the Website or the Services, or attempt to interfere with or decipher any transmissions to or from the server running the Services. You warrant that to the best of your knowledge and belief, your Submissions do not contain viruses or corrupted data.
  5. You must not engage in any illegal activity in your use of the Services (including the distribution of any counterfeit software) and must comply with all applicable rules, laws and regulations, including national, local and foreign laws (where applicable).
  6. You must not deliberately disrupt the Services in any way (including by means of spamming, flooding, use of offensive language, uploading of large images or files, constant hitting of the return key, excessive "shouting" by use of capitalisation, submitting unsupportable complaints or falsely reporting faults).
  7. You must not modify, adapt, copy, broadcast, distribute, transmit, reverse engineer, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, lease, download, or store (in any medium) in any way any Submissions or other content of the Website for any purpose whatsoever without permission.
  8. You may not use the Website for the purposes of advertising and you must not post Submissions that purely consist of advertising or promotional material. Any reference to a product or event must be relevant to the subject matter under discussion. You may not accept payment or anything of value from a third party in exchange for performing any commercial activity on or through the Website.
  9. You may not collect and/or store user names and/or email addresses and/or other personal details of other users by electronic or other means for the purposes of sending unauthorised emails (such as "spamming"), chain letters, junk mail or other unsolicited communications.
  10. Please also comply with the following guidelines for the use of the Website to help ensure their effectiveness for all users: -
    • Search the facility for existing answers before you ask a question, to save you time.
    • Pease stay in line with the topic and if you move to a new topic start a new discussion
    • Be polite in discussions − Symbian will not tolerate any inappropriate or unduly inflammatory comments. Comments should be relevant and constructive.
    • Don't delete other user's Submissions.

Please contact Symbian at sdnpp.support@symbian.com or via any specific means provided as part of the Website for reporting inappropriate Submissions if you feel that any Submission breaches these Terms of Use in any way or infringes your intellectual property rights and supply any other information that Symbian may reasonably require in order to verify and establish your report. Any decisions or action regarding reported Submissions will be entirely at Symbian's discretion.

You warrant that all Submissions or other materials you upload or provide for use on the Website do not infringe any third party copyright, trade marks, any other intellectual property rights or any applicable law and that you are entitled to upload or provide them for display on the Website. You warrant that your use of the Website will be for lawful purposes only and you will indemnify us and our Affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of these Terms of Use or your use of the Website. For the purposes of this section, references to "your use" of the Website shall be deemed to include any use by a third party where such third party accesses the Website using your computer or user identification.

6. Licence to Symbian

The following conditions govern the usage of your Submissions by Symbian. You need to be sure that Symbian and its Affiliates are able to disclose and use the material that you post.

By posting a Submission to the Website, you grant to Symbian, a perpetual, non-exclusive, worldwide, irrevocable, royalty-free, transferable, licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Submission without restriction including for the purposes of the Services, for internal purposes and for commercial purposes and to permit its Affiliates, licensees and partners to do the same. You waive any "moral rights" that you may hold in respect of your Submissions. For the avoidance of doubt, Symbian is not obliged to make use of your Submissions.

7. Access restriction

We reserve the right in our sole discretion to deny or suspend any user access to the Website or any part thereof without notice.

8. Intellectual property and copyright

All intellectual property rights (including copyright) in this Website, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on the Website except Submissions are reserved to, and owned by or licensed to, Symbian, or are otherwise used by Symbian as permitted by the copyright owner, or by any applicable law. Symbian reserves all rights not expressly granted herein.

Subject to clause 9 below and the provisions relating to Confidential Information in Clause 3 above, Symbian grants you a limited licence to download and access Content on the Website for your own use. Except as set out in this clause 8, you are not permitted to copy, broadcast, sell, lease, download, store (in any medium), transmit, distribute, show or play in public, reverse engineer, perform, reproduce, publish, licence, create derivative works from, modify, adapt or change in any way any Content (whether in digital or printed form) for any other purpose whatsoever without the express written authorisation of Symbian.

9. Downloads

Any product, tools or code you download from the Website are provided to you under the terms of the licenses accompanying those downloads on the Website. The licence terms may be provided together with the product, tools or code or may be an existing licence agreement between Symbian and the partnership, company or business you represent the terms of which will be stated to apply to your use of such product, tool or code.

Certain third party software, and links to download of such software, may be made available on the Website. Symbian is in no way responsible for such software. It makes no warranty or representation regarding and does not endorse such software.

10. Third Party Links

This Website may contain links to third party web sites which are controlled and operated by third parties. Your use of each third party web site is subject to the terms of use and other guidelines, if any, contained within the relevant web site. You agree to review and accept such terms of use prior to using such third party web sites.

Symbian makes no representations whatsoever about any third party web site which you may access through the Website. When you access a third party web site, you agree that it is independent from Symbian, and that Symbian has no control over any content on that web site. In addition, a link to a third party web site does not mean that Symbian endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojans and other items of a destructive nature.

11. Complaints

If you are concerned about any of the material that appears on the Website, or otherwise have any queries or comments, please contact Symbian at sdnpp.support@symbian.com.

12. Limitation of liability

For the avoidance of doubt, we do not limit our liability for death or personal injury to the extent only that it arises as a result of our negligence or the negligence of our affiliates, directors, employees or other representatives, nor do we limit any other liability that cannot be excluded or limited under applicable law.

Your use of the Website and any Content including Submissions is at your own risk. Symbian hereby disclaims all representations and warranties, whether express or implied, including without limitation warranties of non-infringement, merchantability, satisfactory quality and fitness for a particular purpose.

Because the Website is an additional service provided to you without extra charge, in no event will Symbian be liable for any damages whatsoever, whether in an action for breach of contract, negligence or other tortious action, arising out of or in connection with

- your use of the Website;
- the use of Content available from the Website;
- the performance of software;
- the provision of or failure to provide Services;
- the use or reproduction of any Submissions;
- any inaccuracy of any Submissions or any other errors or omissions;
- any viruses or corrupted data contained in Submissions;
- any technical failure, or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure,
theft, destruction, unauthorised access or alteration relating to any Submission or the Website and any such unauthorised access to your Submissions shall not be deemed to be a breach of confidentiality by Symbian;
- any acts or Submissions of any Symbian employees acting in their personal capacity as users of the Website; and
- any link to a third party Website;

even if foreseeable or Symbian is expressly advised of the possibility of such damages.

Without prejudice to any other provision of this agreement (including the limitation above), under no circumstances shall Symbian be liable for any direct, special, indirect or consequential damages or losses (including those resulting from loss of use, data, goodwill, income, revenue, business, contracts, anticipated savings or profits).

13. Governing Law and Other

  1. These Terms of Use are governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the English courts.
  2. The failure by Symbian to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of any such right or provision.
  3. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and will not affect the validity or enforceability of the remaining provisions.
  4. These Terms of Use will apply to each use of this Website by you and the provisions of clauses 3 to 13 shall continue after termination of your use of the Website.
  5. We may amend these Terms of Use at any time in our sole discretion. Symbian will notify you of any material changes to these Terms of Use by posting a notice on this Website or by email communication. By continuing to use the Website you will be deemed to have accepted such amendments. If any of the Terms of Use are unacceptable to you, you should discontinue using the Website.
  6. In the event of any conflict between these Terms of Use and any specific additional terms that you must accept in order to access Services or software available through this Website the latter terms shall prevail in relation to your use of that specific Service or software.
 
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