This Limited CXD5605 Source Code License (“Source Code Terms”) is between T-Mobile, Inc. (“T-Mobile”) and the person or entity accessing, installing or using the licensed source code provided by T-Mobile in the associated DevEdge-IOTDevKit-Sony-cxd5605 repository (“Source Code”), and any associated documentation (“You”). These Source Code Terms define each party’s rights.
Updates or Changes to these Terms:
We may update these Source Code Terms from time to time and will provide reasonable notice via the repository within which this license is located. By continuing to utilize the Source Code, You agree to any updates made to these Source Code Terms. If You do not agree to the updated version of these Source Code Terms, You must stop use and access of the source code provided, immediately. Updates will be effective upon the effective date indicated.
Grant of License. Subject to the terms and conditions of these Source Code Terms, T-Mobile grants You a non-exclusive, nontransferable, royalty-free license to use, copy, modify the Source Code. You have no ownership or proprietary rights in or to the Source Code. You will not: (a) modify, disassemble, decompile, or reverse engineer any part of the Source Code provided into binary form; (b) copy any binary related to the Source Code or otherwise reproduce the binary code, in whole or in part; (c) publish the Source Code or related binaries as a representation that You own or created the same; (d) copy, share, or send the Source Code or related binary in violation of any United States Export Laws and Regulations; (e) sell, rent, lease, escrow, or otherwise commercially exploit the Source Code or related binary form without the express permission of T-Mobile.
3. Ownership of Intellectual Property The Source Code is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. You agree to protect T-Mobile’s copyright and other ownership interests in the Source Code and associated binaries. You agree that all usage or copies of Source Code reproduced for any reason by You will contain the same copyright, trademark, and other proprietary notices as the original. T-Mobile retains all right, title, and ownership throughout the world in the intellectual property embodied within and directed to the Source Code. Except as stated herein, these Source Code Terms do not grant You any rights to patents, copyrights, trade secrets, trademarks, or any other rights, and all rights not expressly granted are reserved by T-Mobile.
4. Support T-Mobile is not obligated to provide any technical or other support (“Support”) for the Source Code. However, if T-Mobile chooses to provide any Support to You, Your use of such Support will be governed by then-current T-Mobile policies and discretion.
5. Feedback With respect to any technical or other information You provide to T-Mobile (whether oral or written) in connection with the Source Code (including but not limited to reporting errors, or making suggestions for improvements or changes), You agree that T-Mobile has a perpetual, irrevocable, unrestricted right to use such information for its business purposes, including for product support and development. T-Mobile will not use such information in a form that personally identifies You.
6. Upgrades; End of Life T-Mobile is not obligated to provide any upgrades or future versions of the Source Code. T-Mobile reserves the right to discontinue offering the Source Code, or to modify the Source Code at any time, in its sole discretion. If You are dissatisfied with any aspect of the Source Code at any time, Your sole and exclusive remedy is to cease using the Source Code and destroy any copy you have of it.
7. Export Restrictions THE DEVKIT IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL UNITED STATES EXPORT LAWS AND REGULATIONS, WHICH INCLUDE RESTRICTIONS ON DESTINATIONS, END-USERS AND END USE. You acknowledge and agree that You will not import, export, or re-export, directly or indirectly, or related information to any country in violation of the laws and regulations of any applicable jurisdiction. This restriction expressly includes, without limitation, the export regulations of the United States. You further agree to defend, indemnify, and hold harmless T-Mobile, its affiliates, and their respective directors, officers, employees, agents and representatives from any losses, costs, claims, or other liabilities arising out of your breach of this Section.
8. Data Collection If You use the Source Code to run applications developed by a third party or that access data, content, or resources provided by a third party, You agree that T-Mobile is not responsible for those applications, data, content, or resources. You understand that all data, content, or resources which You may access through such third-party applications are the sole responsibility of the person from which they originated and that T-Mobile is not liable for any loss or damage that You may experience as a result of the use or access of any of those third-party applications, data, content, or resources. You will maintain and process all user data in accordance with Your privacy policy and all applicable laws and regulations.
9. Trademark License Nothing in these Source Code Terms gives you a right to use any of T-Mobile’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features. You agree that you will not adopt, use or attempt to register, whether as a corporate name, domain name, product name, trademark, service mark or other indication of origin, any trademark of T-Mobile or any mark that is confusingly similar to or will dilute the distinctive nature of the T-Mobile trademarks.
10. Term and Termination These Source Code Terms are effective until terminated. T-Mobile is providing the use of the Source Code as-is and free of charge. T-Mobile may terminate these Source Code Terms at any time, regardless of cause or nature, or at an individual level based on breach. This will be without prejudice to any other rights or remedies of the parties and will be without liability for any loss or damage caused by such termination. Upon termination of these Source Code Terms, the rights and licenses granted to You will immediately terminate. Any provisions that would reasonably be deemed to legally survive termination shall survive any termination and/or expiration of these Source Code Terms.
11. DISLAIMER OF WARRANTIES THE SOURCE CODE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. T-MOBILE DISCLAIMS ALL WARRANTIES – STATUTORY, EXPRESS OR IMPLIED – INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. T-MOBILE PROVIDES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES WITH RESPECT TO YOUR USE.
12. Limitation of Liability IN NO EVENT SHALL T-MOBILE BE LIABLE TO YOU FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES. T-MOBILE’S CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED ONE DOLLAR ($1.00).
13. Indemnity You agree to indemnify, defend and hold harmless T-Mobile and its affiliates and their respective officers, agents, licensors, employees, service providers and contractors from and against any and all claims, suits, actions, or proceedings (and all related liability, loss, cost, damage, and expense, including reasonable attorneys’ fees) arising from or related to: (a) Your use of the Source Code that is not reasonable foreseeable; (b) any of Your use of the Source Code that infringes any copyright, trademark, trade secret, trade dress, patent, or other intellectual property right of any person, or defames any person or violates their rights of publicity or privacy; (c) any violation by You of any applicable law or regulation; or (d) any non-compliance by You with the terms of these Source Code Terms.
14. Miscellaneous
14.1 Ability to contract. You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
14.2 Independent Contractors; Nonexclusive Relationship. T-Mobile and You are independent contractors. Neither of us has the authority to bind the other or assume or create any obligation or liability on the other’s behalf.
14.3 No Third Party Beneficiaries. These Source Code Terms are for the sole benefit of the parties hereto and nothing herein express or implied shall give or be construed to give any person or entity other than the parties hereto any legal or equitable rights hereunder.
14.4 Force Majeure. T-Mobile and its affiliates will not be liable for any delay or failure to perform any obligation under these Source Code Terms where the delay or failure results from any cause beyond its reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts of government, acts of terrorism, or war.
14.5 Publicity. You will not issue any press release or make any other public communication regarding Your use of the Source Code without T-Mobile’s prior written consent.
14.6 No Waiver; Severability. T-Mobile’s failure to enforce any provision of these Source Code Terms will not constitute a waiver of such provision. If any portion of these Source Code Terms is held to be invalid or unenforceable, the remaining portions of these Source Code Terms will remain in full force and effect.
14.7 Governing Law. These Source Code Terms will be governed in all respects by, and construed and enforced in accordance with, the laws of the State of Washington without regard to any rules governing conflicts of laws. The parties consent to the exclusive jurisdiction and venue in the state and federal courts located in King County, Washington.