1. Copyright and Proprietary Rights
This World Wide Web site (the ‘Open Mobile Alliance Site’) is the property of the Open Mobile Alliance Ltd. (the ‘Open Mobile Alliance’) and is protected by United States and international copyright laws. All copyright, trademark, and other proprietary rights in the Open Mobile Alliance Site and in the software, text, graphics, design elements, audio and all other materials originated or used by the Open Mobile Alliance or at the Open Mobile Alliance Site (the ‘Open Mobile Alliance Information’) are reserved to the Open Mobile Alliance and its licensors.
2. Use of the Open Mobile Alliance Information
The Open Mobile Alliance authorizes you to download or copy the Open Mobile Alliance Information, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials and that you comply strictly with these Terms. You may not modify, edit or take out of context the Open Mobile Alliance Information such that its use creates a false or misleading statement or impression as to the positions, statements or actions of the Open Mobile Alliance. Except as specifically permitted pursuant to Section 3 below, you may not use the Open Mobile Alliance Information for any commercial purposes. If you breach any of these Terms, your authorization to use the Open Mobile Alliance Site automatically terminates and you must immediately destroy any downloaded or printed materials.
3. Linking to the Open Mobile Alliance Site
The Open Mobile Alliance, in its sole discretion, may accept or reject any request to link to or mirror the Open Mobile Alliance Site. Under most circumstances, links to the Open Mobile Alliance Site are permitted, provided that you comply with the following requirements:
a. You may not frame or alter the appearance of the Open Mobile Alliance Site.
b. You may not state or imply that the Open Mobile Alliance endorses, sponsors or otherwise approves your site or any other sites.
c. You may not use any of the Open Mobile Alliance trademarks or logos (collectively ‘Marks’) without the prior written consent of the Open Mobile Alliance.
d. You may link to specific pages of the Open Mobile Alliance Site but the responsibility of keeping these links updated remains with you. The Open Mobile Alliance retains the right to delete or relocate any links without notice to you.
e. You may mirror the Open Mobile Alliance Site only for your internal use. Any commercial use or implied use of a mirror is strictly prohibited. If you choose to mirror the Open Mobile Alliance Site for your internal use, you hereby agree to update the mirror on at least a daily basis.
f. You may use the title of the Open Mobile Alliance Site’s pages only in the hyperlink to that specific page. You may not use the title in any descriptive terms or in referencing any other pages on your own site or any other site(s).
g. You may not copy text from the Open Mobile Alliance Site verbatim, nor are you permitted to translate the text verbatim into any other language.
h. You may not present false information about the Open Mobile Alliance nor make negative or disparaging references regarding the Open Mobile Alliance.
i. You acknowledge the validity of the Open Mobile Alliance’s ownership in all Marks and will not contest such ownership or the validity of any registrations of the Open Mobile Alliance relating to the Marks. If you acquire any goodwill or reputation in any of the Marks, all such goodwill or reputation will automatically vest in the Open Mobile Alliance when and as such goodwill or reputation occurs. You agree to take all actions necessary to effect such vesting.
j. You are prohibited from using the Marks or any names, marks or other materials in a manner which is likely to cause confusion with, dilute or damage the reputation or image of the Open Mobile Alliance.
k. You must abide by all of the Terms set forth herein.
The Open Mobile Alliance reserves the right to terminate this consent to use its Marks and/or link to its Web site. You agree to immediately cease and desist using the Marks and/or linking to the Open Mobile Alliance Site upon written or electronic request from the Open Mobile Alliance.
The trademarks, logos, and service marks not owned on behalf of the Open Mobile Alliance and that may be displayed on the Open Mobile Alliance Site are the registered and unregistered marks of their respective owners. No rights are granted by the Open Mobile Alliance to use such marks, whether by implication, estoppel, or otherwise.
4. Links from the Open Mobile Alliance Site to other Web sites
Some links used on these Web pages will take you outside the Open Mobile Alliance Site. Although these links were established to provide you with access to useful information, the Open Mobile Alliance does not control and is not responsible for any of these sites or their contents. The Open Mobile Alliance does not endorse or make any representations about using such third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Open Mobile Alliance Site, you do this entirely at your own risk. Links to these sites from the Open Mobile Alliance Site may be discontinued by the Open Mobile Alliance in its sole discretion at any time for any reason.
5. User Forums
The Open Mobile Alliance may, but is not obligated to, monitor or review any areas on the Open Mobile Alliance Site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. The Open Mobile Alliance, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any such materials may be removed by the Open Mobile Alliance at any time for any reason. If you send a message to the Open Mobile Alliance Site, such as, but not limited to, an e-mail, you hereby grant to the Open Mobile Alliance the right to read, use, distribute, disclose and otherwise handle the communications as the Open Mobile Alliance deems appropriate in its sole judgment. You are hereby advised that no facilities are provided by the Open Mobile Alliance Site for sending or receiving confidential communications.
No warranties of any kind are made with respect to the Open Mobile Alliance Site and the Open Mobile Alliance Information. ALL INFORMATION PROVIDED AT THE OPEN MOBILE ALLIANCE SITE IS PROVIDED ‘AS IS’ WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The Open Mobile Alliance further does not warrant the accuracy and completeness of the information at the Open Mobile Alliance Site. The Open Mobile Alliance may make changes to the materials at the Open Mobile Alliance Site, to the location of the Open Mobile Alliance Site, or may discontinue the Open Mobile Alliance Site at any time without notice. The materials at the Open Mobile Alliance Site may be out of date, and the Open Mobile Alliance makes no commitment to update the materials at the Open Mobile Alliance Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
7. Export Controls
Your use of the Open Mobile Alliance Site must comply with all applicable laws, rules and regulations that govern the export of technical data.
8. Choice Of Law, Jurisdiction and Enforcement
These Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without reference to any conflict of law principles. You hereby consent to venue in and jurisdiction of the state and federal courts sitting in the State of California. Notwithstanding anything to the contrary, the Open Mobile Alliance shall have the right to elect in its sole discretion the forum for any law suit arising hereunder brought by the Open Mobile Alliance. Because you shall have access to the Marks and other valuable proprietary materials of the Open Mobile Alliance, you agree that the Open Mobile Alliance shall have the right to enforce these Terms and any of its provisions by injunction (without being required to show any actual damage or to post an injunction bond), specific performance or any other equitable relief without prejudice to any other rights and remedies that the Open Mobile Alliance may have for the breach of these Terms. If any provision of these Terms is for any reason found by a court of competent jurisdiction to be unenforceable, the remainder of these Terms shall continue in full force and effect.
9. Limitation of Liability
IN NO EVENT WILL THE OPEN MOBILE ALLIANCE, ITS SUPPLIERS, AGENTS, CONTRACTORS OR OTHER THIRD PARTIES MENTIONED AT THE OPEN MOBILE ALLIANCE SITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE OPEN MOBILE ALLIANCE SITE, ANY WEB SITES LINKED TO THE OPEN MOBILE ALLIANCE SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation of Claims
Any action on any claim against the Open Mobile Alliance must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
The Open Mobile Alliance 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 pages at the Open Mobile Alliance Site.