Scope of Terms
These Terms are applicable to, and govern your access and use of, the Wind River Marketplace web site(s) (referred to hereafter as the "Web Site(s)"). These Terms also apply to any resources, software and tools provided through the Web Sites, and any software, information, content, or documents contained therein, any developer tools, download areas, research areas, community forums, chat rooms, blogs, sharing sites and product information whether or not owned or provided by Wind River or a third party via the Web Sites. Hereafter, all the materials covered by these Terms will be referred to as the "Materials."
Wind River may provide activity or program specific Terms of Service, for example when Wind River provides interactive Materials and/or enables User Generated Content. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, the Terms herein remain in full force and effect.
Security and Privacy
Member Account, Password, and Security: Wind River may host a program or activity specific site that may require you to establish a member account, user name and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your user name, password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Wind River immediately of any unauthorized use of your account or any other breach of security here. Wind River will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Wind River or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Restricted Use: This Web Site is solely for use as expressly allowed under these Terms. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials.
You may not use or facilitate the use of the Web Sites or any Materials in connection with any infringement analysis concerning Wind River products. By your use of the Web Sites or any Materials, you agree to grant Wind River a non-exclusive, royalty-free license to any patent claim thereafter drafted which includes subject matter disclosed on the Web Site.
US Government Restricted Rights: The Materials including Wind River Software are "commercial items" as defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. If the end user is a U.S. Government agency, department, or instrumentality, then the use, duplication, reproduction, release, modification, disclosure or transfer of the Materials, including the Software and any data relating thereto or derived therefrom, is restricted in accordance with 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R. §227.7102-2, and 48 C.F.R. §227.7202, as applicable. This clause with respect to U.S. Government end users is in lieu of, and supersedes, any Federal Acquisition Regulations (“FAR”), the Defense FAR Supplement (“DFARS”), or other clause or provision that addresses Government rights in computer software or technical data. In addition the Materials including Wind River Software are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of Wind River's proprietary rights in them.
Notices and Disclosures
Exclusions of Warranty: The Materials and Wind River Web Sites are provided by Wind River as a service to its customers and are for informational purposes only. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT WIND RIVER AND ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
Accuracy and Completeness: Wind River does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Web Sites or Materials.
Changes and Updates: Wind River reserves the right to modify or discontinue, temporarily or permanently, Web Sites or Materials (or any part thereof) with or without notice for any reason. Wind River may make changes to Web Sites or Materials, or to the products described therein, at any time without notice. Wind River makes no commitment to update or continue to provide the Web Sites or Materials.
Content Related Notices
Ownership: You acknowledge and agree that Wind River owns all legal rights, title and interest in and to the Materials and Web Sites, including any Wind River trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Wind River's prior written permission. Except as expressly provided herein, Wind River does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Translations: Where Wind River has provided you with a translation of the English language version of these Terms, you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Wind River. If there is any contradiction between the English language version of the Terms and the translation, the English language version shall take precedence.
Third Party Content: Web Sites and Materials may contain user or third party submitted content ; such content is not reviewed, approved or endorsed by Wind River and is provided solely as a convenience to our customers and users. Under no circumstances will Wind River be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. By your use you agree that you must evaluate, and bear all risks associated with, the use of any such third party content, including any reliance on the accuracy, completeness, or usefulness of such content or software. All postings and use of the Web Sites or Material are subject to these Terms and any other program and site specific terms.
Wind River Product Notices and Information
Limitations: WITH REGARD TO INFORMATION ON WIND RIVER® PRODUCTS IN THE WEB SITE OR MATERIALS NO LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY INTELLECTUAL PROPERTY RIGHTS IS GRANTED IN THE WEB SITE OR MATERIALS. WIND RIVER ASSUMES NO LIABILITY WHATSOEVER, AND WIND RIVER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, RELATING TO SALE AND/OR USE OF WIND RIVER PRODUCTS INCLUDING LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR INFRINGEMENT OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT.
Use of Wind River Products: Wind River products are not intended for use in medical, life saving, life sustaining applications. UNLESS OTHERWISE AGREED IN WRITING BY WIND RIVER, THE WIND RIVER PRODUCTS ARE NOT DESIGNED NOR INTENDED FOR ANY APPLICATION IN WHICH THE FAILURE OF THE WIND RIVER PRODUCT COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR.
Changes to Specifications: Wind River may make changes to specifications and product descriptions at any time, without notice. Designers must not rely on the absence or characteristics of any features or instructions marked "reserved" or "undefined." Wind River reserves these for future definition and shall have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them. The product information on the Web Site or Materials is subject to change without notice. Do not finalize a design with this information.
Defects and Errata: The products described in the Web Site or Materials may contain design defects or errors known as errata which may cause the product to deviate from published specifications.
Non-Wind River Benchmarks: Wind River does not control or audit the content, design or implementation of third party benchmarks or web sites referenced in the Materials or on the Web Sites. Wind River encourages all of its customers to visit the referenced web sites or others where similar performance benchmarks are reported and confirm whether the referenced benchmarks are accurate and reflect performance of systems or software available for evaluation or purchase.
Notice Specific to Software
Any software, including Wind River software, that is made available to download from the Web Sites ("Software") is the copyrighted work of Wind River and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Third Party Software: In addition to the terms above, the following terms apply specifically to user or third party submitted software (“Third Party Software”); such Third Party Software is not reviewed, approved or endorsed by Wind River and is provided solely as a convenience to our customers and users. Third Party Software that is made available from the Web Sites is licensed to you from such third party and not from Wind River. Such Third Party Software is subject to the License Agreement which accompanies or is included with such software and is solely between you and such third party, and not Wind River. Under no circumstances will Wind River be liable in any way for any Third Party Software, including, but not limited to, any errors or omissions, or damages of any kind.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THESOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, WIND RIVER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, WIND RIVER MAY MAKE AVAILABLE AS PART OF THE WEB SITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. WIND RIVER DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN WIND RIVER SOFTWARE PRODUCTS.
Notice Specific to Wind River Documents
Permission to use Wind River owned white papers, press releases, datasheets, specification documents, FAQs etc. ("Documents") from the Web Sites is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Notwithstanding the above, permission is not granted herein to use Wind River product documentation that generally accompanies Wind River products when licensed or sold to a customer. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Web Site or any other Wind River owned, operated, licensed or controlled site. Elements of the Web Sites, including elements provided and/or owned by third parties, are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Such elements are the property of their respective owners. No logo, graphic, sound or image from any Web Site may be copied or retransmitted unless expressly permitted by Wind River.
WIND RIVER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WIND RIVER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WIND RIVER AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WIND RIVER MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED AT ANY TIME.
User Content Submissions
Definition: User content submissions may include but not limited to, user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the "User Content") on any Wind River Web Site. The content submitted by users is referred to here after as "User Content".
Non-Endorsement: Wind River does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Wind River expressly disclaims any and all liability in connection with User Content submissions. Wind River does not permit copyright infringing activities and infringement of intellectual property rights on its Web Sites, and Wind River will remove User Content if properly notified that such submission infringes on another's intellectual property rights in accordance with the DMCA provisions. Wind River reserves the right to remove User Content at its sole discretion and without prior notice.
Ownership: Wind River does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Web Sites or Materials, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Web Sites or Material. Unless otherwise agreed to in writing, there is no compensation for User Content. Wind River is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized Wind River representative, any material, information or other communication you transmit or post to a Web Site will be considered non-confidential and non-proprietary.
License: Unless otherwise specified on the Web Site or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such user content you grant Wind River, necessary sub-licensees and Web Site users, a perpetual, irrevocable and fully sub-licensable license to use worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
User Submitted Code: Any user submitted code or materials posted on the Web Site is supplied under license from the submitter, and should be used or downloaded in accordance with any license terms specified. Wind River is not responsible for user submitted code nor warrants that it will work correctly.
Warranties and Representations: By posting or submitting User Content you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the User Content. To the extent that the User Content submitted contains images, photographs, pictures or graphical representations in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms and the Materials, (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms.
Moderation or Pre-Screening: You acknowledge that Wind River may or may not moderate or pre-screen User Content. Wind River and its designees retain the right, at Wind River's sole discretion to pre-screen, refuse, or remove any User Content from its Web Site or Materials. Wind River, however, will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, Wind River shall have the right to remove any User Content that violates these Terms.
Links to Other Materials or Sites
The linked sites are not under the control of Wind River and Wind River is not responsible for the content of any linked site or any link contained in a linked site. Wind River reserves the right to terminate any link or linking program at any time. Wind River does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Web Site, you do this entirely at your own risk.
Unsolicited Idea Submission Policy
WIND RIVER OR ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS OR FEEDBACK, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN WIND RIVER'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO WIND RIVER. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS OR FEEDBACK TO WIND RIVER OR ANYONE AT WIND RIVER. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS, FEEDBACK AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT WIND RIVER MAKES NO ASSURANCES THAT YOUR IDEAS, FEEDBACK AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. MOREOVER, FOR ANY UNSOLICITED IDEAS, FEEDBACK AND MATERIALS THAT YOU STILL SEND DESPITE THIS REQUEST TO NOT SEND THEM, YOU GRANT WIND RIVER AND ANY NECESSARY SUBLICENSEES PERMISSION TO USE SUCH IDEAS, FEEDBACK AND MATERIALS, INCLUDING WITHOUT LIMITATION, THE LICENSE RIGHTS TO: COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY, PUBLICALLY PERFORM, REPRODUCE, EDIT, TRANSLATE AND REFORMAT SUCH IDEAS, FEEDBACK AND MATERIALS; AND THE RIGHT TO SUBLICENSE ALL SUCH RIGHTS TO ANY OTHER NECESSARY PARTY. NO COMPENSATION WILL BE PAID WITH RESPECT TO THE USE OF ANY SUCH SUBMISSION, NOR DOES WIND RIVER HAVE ANY OBLIGATION TO USE ANY SUCH SUBMISSIONS.
User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
EXPORT CONTROL. All Materials, including but not limited to software and technical information, accessed by the Web Sites and delivered under these Terms are subject to U.S. export controls under the Export Administration Regulations (the “EAR”) or the International Traffic in Arms Regulations (the “ITAR”) and may be subject to export, re-export or import regulations in other countries. You agree to strictly comply with all such laws and regulations. You will not export or re-export the Materials, directly or indirectly, to: (1) any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria); (2) any end user whom you know or has reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or (3) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government. Some of Wind River’s products are classified as “restricted” encryption products under Section 740.17(b)(2) of the EAR and may not be exported or re-exported to government end-users (as defined in Section 772 of the EAR) outside the countries listed in Supplement No. 3 to Part 740 of the EAR without authorization from the U.S. government.
Wind River makes no representation that Materials in the Web Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms constitute the entire agreement between you and Wind River Systems, Inc. and govern your use of the Web Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and Wind River shall be governed by the laws of the State of Delaware, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
In the case of any violation of these rules and regulations, Wind River reserves the right to seek all remedies available by law and in equity for such violations.
Wind River may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular Web Sites or Materials.
Copyright © Wind River Systems, Inc. All rights reserved. Wind River Systems, Inc., 500 Wind River Way, Alameda, CA 94501, USA.
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