HTCdev Website Terms of Use

Last update: October 23, 2013

IMPORTANT: The HTCdev Website Terms of Use are a legal agreement between you and HTC Corporation or its affiliates identified in Section 13 (“HTC” and “we”) that governs your use of the HTCdev Website (“Site”). Your access to the Site is conditioned on your acceptance of these HTCdev Website Terms of Use as amended from time to time (“Terms”).  By using or registering with the Site, you agree to be bound by these Terms.  You must be 18 years of age or older to register for or use the Site. If you are 18 years of age or older, but under the age of majority or age subject to parental consent according to local law, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to them.

HTC’s Privacy Policy contains information about HTC’s practices for collection and use of information about you and covers your use of this Site.  By using this Site, you agree that HTC may collect, use, transmit, process, and store information related to you in accordance with the Privacy Policy found at http://www.htcdev.com/privacy_policy. In addition, your use of the Site is governed by HTC’s Code of Conduct, which may be found at http://www.htc.com/www/terms/code-of-conduct/. Any violation of HTC’s Code of Conduct is a violation of these Terms.

1.            Accounts.  In order to access certain portions of the Site, you may need to set up an account (“Account“).  If you set up an Account, you must provide current, complete, and accurate information.  You must keep your log-in information confidential and not authorize any third party to use it.  You are solely responsible for all activities that occur under your Account, even when your log-in information is used by someone else. You agree to immediately notify HTC of any unauthorized use of your Account or any other breach of security of which you become aware at the following address: .(JavaScript must be enabled to view this email address). HTC may change your log-in information at any time.

2.            Site and Content Ownership and Use.  The Site is made available to you to facilitate the development and promotion of software applications, products, and enhancements that operate on HTC devices for the benefit of HTC end users (“HTCdev Purpose”).  Any conduct that violates HTC’s intellectual property or other rights, disparages HTC products or services, or detracts from the goodwill or business of HTC is inconsistent with and outside the scope of the HTCdev Purpose. The Site and all information, files, graphics, text, images, sound files, video, development kits, software, tools, and other materials that are provided to you through this Site (“Content”) are owned by HTC and its licensors.  If a license is presented when you access or download Content, use of that Content is governed by that license.  If no license is presented, these Terms apply and HTC grants you a personal, non-exclusive, nontransferable, limited license to use the Content in order to design, develop or test software applications in furtherance of the HTCdev Purpose. You may not otherwise use, modify, copy, print, display, reproduce, distribute, publish, disassemble, decompile, or reverse engineer the Site or any Content, except to the extent that applicable law expressly permits your disassembly or reverse engineering despite this limitation.

3.            Confidentiality.  Within portions of the Site, we may provide Content that is confidential to HTC or its partners.  You agree not to disclose confidential Content to anyone or use it except as expressly authorized by HTC.  You should not provide any confidential or proprietary information or materials to HTC through the Site.  Unless the parties execute a separate written agreement stating otherwise, any information or materials you provide to HTC through the Site will not be treated by HTC as confidential or proprietary and HTC will be free to use, disclose, reproduce, license and otherwise distribute and exploit it as HTC sees fit without obligation (including payment) or restriction of any kind on account of intellectual property rights or otherwise.

4.            Links to Third Party Sites.  This Site may contain links to third-party websites (“Linked Sites”). Linked Sites are not under the control of HTC and HTC is not responsible for any Linked Site, including but not limited to any content (including software) contained in a Linked Site or any changes or updates to a Linked Site.  HTC provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by HTC of the Linked Site or any association with its operators.

5.            Copyright and Trademark Notices. HTC and its licensors own the Site and all Content and reserve all rights therein, including any and all intellectual property and other proprietary rights.  HTC, the HTC logo, HTCdev, HTC Sense, the HTC quietly brilliant logo, and other HTC product and service names referenced on the Site are the trademarks or registered trademarks of HTC Corporation and its affiliates.  Bluetooth is a registered trademark of Bluetooth SIG, Inc.  Android is a trademark of Google, Inc.  Java is a registered trademark of Oracle and/or its affiliates. Windows Phone is a registered trademark of Microsoft in the United States and/or other countries.  All other company names, product names, service names and logos referenced in connection with the Site may be the trademarks of their respective owners.

6.            Support.  HTC has no obligation to and may not provide support for the HTCdev program or the Site, including your Account and Content.

7.            No Warranties.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. HTC AND ITS SUPPLIERS AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, HTC, ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT THE SITE OR CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) OR ANY INFORMATION OR CONTENT OBTAINED WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. ALL CONTENT AND OTHER MATERIAL YOU DOWNLOAD OR OBTAIN THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT MAY RESULT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT HTC’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.

8.            Disclaimer of Certain Damages.  IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCOUNT, THE SITE, CONTENT, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY.  NOTHING IN THIS SECTION 8 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS.  IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 8 MAY NOT APPLY TO YOU.

9.            Limitation of Liability and Exclusive Remedies.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 8, HTC’S AND ITS SUPPLIERS’ AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCOUNT, THE SITE, CONTENT, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE OR CONTENT UP TO FIVE DOLLARS (U.S. $5.00).

THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, YOUR ACCOUNT, THE SITE, CONTENT OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. EXCEPT FOR THE EXCLUSIVE REMEDY IN THE FOLLOWING SENTENCE, THESE ACTUAL MONEY DAMAGES WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY.  NOTHING IN THIS SECTION 9 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED.  IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION 9 MAY NOT APPLY TO YOU.

10.          Independent Remedies.  To the extent permitted by applicable law, the exclusion of damages under Section 8 is independent of your exclusive remedy in Section 9 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 8 and 9 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the maximum extent the exclusions and limitations are not prohibited by applicable law.

11.          Indemnity.  You will defend, indemnify, and hold HTC, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) your use of the Site and activities occurring using your Account; (b) any violation by you of these Terms; or (c) your violation of any another party’s rights or applicable law.

12.          Notice and Takedown Procedures.  You agree to respect the intellectual property rights and other rights of HTC and third parties. If you believe that material available through the Site infringes the intellectual property rights of any third party or is defamatory, please notify HTC’s agent by using the notice procedure described at Notice and Procedure for Making Claims of Infringement or Defamation found at http://www.htc.com/us/terms/copyright/. After receiving notice, HTC may remove or disable access to any infringing or defamatory material. HTC has the right to terminate any Account or right of access to the Site for infringement of HTC’s or another party’s rights.

13.          Governing Law and Jurisdiction for Resolving Disputes. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

13.1         North and South America.  If you live in North or South America, you are contracting with HTC America, Inc. and Washington state law will govern the interpretation of these Terms and applies to all claims under or for breach of it (regardless of conflict of laws principles), except where the application of another law cannot be prevented by agreement. All claims where applicable law prohibits the application of Washington state law (including claims under state consumer protection laws, unfair competition laws, and in tort) will be governed by the law of the state where you live in the U.S.A., or, if you live outside of the U.S.A. (but within North or South America), the laws of the country where you live. If you live in the U.S.A., you irrevocably agree that the exclusive jurisdiction and venue for any disputes arising out of or in connection with these Terms will be in the courts in King County, Washington. If you live outside the U.S.A., then to the maximum extent permitted by applicable law you irrevocably agree that for any disputes arising out of or relating to your use of the Site and these Terms exclusive jurisdiction and venue will be in the courts in the largest city in your country within 200 miles of where you live.

13.2         Europe, Middle East, and Africa.  If you live in Europe, the Middle East or Africa, you are contracting with HTC Europe Co., Ltd and you agree that the laws of England and Wales will govern the interpretation of these Terms and apply to any contractual or non-contractual claims under or for breach of it (regardless of conflict of law principles), except where the application of another law cannot be prevented by agreement.  All claims where applicable law prohibits the application of the law of England and Wales (including claims under consumer protection laws, unfair competition laws, and in tort) will be governed by the laws of the country where you live. To the maximum extent permitted by applicable law, you irrevocably agree to the exclusive jurisdiction and venue of the courts of England and Wales for any disputes (both contractual and non-contractual) arising out of or in connection with these Terms.  If applicable law prevents jurisdiction and venue in London England, then to the maximum extent permitted by applicable law you irrevocably agree that for any disputes arising out of or relating to your use of the Site or these Terms exclusive jurisdiction and venue will be in the courts in the largest city in your country within 200 miles of where you live.

13.3         Australia, New Zealand, and Asia (except for the Middle East).  If you live in Australia, New Zealand, or Asia (except for the Middle East), you are contracting with HTC Corporation and the laws of Taiwan will govern the interpretation of these Terms and apply to any contractual or non-contractual claims under or for breach of it (regardless of conflict of laws principles), except where the application of another law cannot be prevented by agreement.  All claims where applicable law prohibits the application of the laws of Taiwan (including claims under consumer protection laws, unfair competition laws, and in tort) will be governed by the laws of the country where you live. To the maximum extent permitted by applicable law, you irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes (both contractual and non-contractual) arising out of or in connection with these Terms.  If applicable law prevents the designation of the Taipei District Court as the court of first instance, then to the maximum extent permitted by applicable law you irrevocably agree that for any disputes arising out of or relating to your use of the Site and these Terms exclusive jurisdiction and venue will be in the courts in the largest city in your country within 200 miles of where you live.

14.          Changes to these Terms.  HTC reserves the right to change these Terms at any time upon notice. HTC may give notice by posting the updated Terms on the Site or by any other reasonable means. You can review the most current version of the Terms at any time at www.htcdev.com. The updated Terms are binding on you on the effective date indicated in the updated Terms.  If you do not agree to the updated Terms, you must terminate your Account and stop using Site before the effective date.  Your continued use of the Site after the effective date will constitute your acceptance of the updated Terms.

15.          Termination.  You may terminate your Account through www.htcdev.com.  If you need assistance with account termination, contact HTC by visiting https://www.htcdev.com/contact and submitting a request for assistance.  HTC reserves the right to terminate these Terms or suspend or terminate the Site at any time with or without prior notice.  Sections 3, 5-17 will survive termination.

16.          Notices.  HTC may give you all notices (including legal process) that HTC is required to give by any lawful method, including by posting notice on the Site or by sending it to any email or mailing address that you provide to HTC. You agree to keep your Account information current including your email and mailing addresses and to check for notices posted on the Site. You agree to send HTC notice by mailing it to HTC’s “Address for Legal Notices” which is:

If to HTC America, Inc.
HTC America, Inc.
Attn: Vice President and Deputy General Counsel
13920 SE Eastgate Way, Suite 400
Bellevue, WA 98005

With a copy to: HTC Corporation
Attn: General Counsel
No. 88, Section 3, Zhongxing Road
Xindian District, New Taipei City 231
Taiwan

If to HTC Corporation
Attn: General Counsel
No. 88, Section 3, Zhongxing Road
Xindian District, New Taipei City 231
Taiwan

If to HTC Europe Co., Ltd.
Salamanca, Wellington Street
Slough, Berkshire SL1 1YP,
United Kingdom

With a copy to: HTC Corporation
Attn: General Counsel
No. 88, Section 3, Zhongxing Road
Xindian District, New Taipei City 231
Taiwan

17.          General.  If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.  You and HTC intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law.  Accordingly, you and HTC agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.  Section titles are only for convenience and have no legal or contractual significance. HTC may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in your Account or the Site (including any right to access the Site). HTC’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on HTC if it is in a written document signed by HTC.  These Terms (including any incorporated terms) constitute the entire agreement between you and HTC with respect to your Account and the Site. Both you and HTC warrant to each other that, in entering these Terms, neither HTC or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms.  The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law.  Any translation of these Terms is done for local requirements. If there is a dispute between the English and any non-English version, the English version will govern.  No one other than you and HTC, or HTC’s successors and permitted assigns, will have any right to enforce any of these Terms.