MBED WEBSITE TERMS AND CONDITIONS OF USE
1. INFORMATION ABOUT ARM
http://mbed.org is a site operated by ARM Limited. ARM Limited is a company registered in England and Wales with company number 2557590 (hereinafter "we/us/our" as applicable). VAT No: GB 636 9028 22. Registered Office Address 110 Fulbourn Road, Cambridge, CB1 9NJ, United Kingdom. ARM Limited is a private limited company. The ARM Group shall mean any company whose voting shares are directly or indirectly controlled by ARM Limited.
3. ACCESSING THE WEBSITE
When you register an account on the Website you will be issued with a user identification code, password or any other piece of information as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Agreement or in accordance with paragraph 8 below. You are responsible for making all arrangements (including equipment and connections) necessary for you to be able to use the Website.
4. HARDWARE AND DRIVERS
The mbed Microcontroller (the "Hardware") contains interface firmware for the purpose of providing the USB interface functionality ("Firmware"). The Hardware may be sold to you or loaned under the terms of a separate loan agreement. The Firmware is licensed not sold. You may not rent, lease, sub-license, loan, translate, merge, adapt, disassemble, de-compile or reverse engineer the Firmware, nor create derivative works, vary or modify, make alterations to, or modifications of, the whole or any part of the Firmware nor permit the Firmware or any part of it to be combined with, or become incorporated in, any other programs or make available, the Firmware in any form, in whole or in part to any person without prior written consent from us.
Through the Website, we may provide access to you to download certain software drivers ("Drivers") on to your computer. The Drivers are licensed not sold. Your use of the Drivers is limited to use solely with the Hardware. You may not rent, lease, sub-license, loan, translate, merge, adapt, disassemble, de-compile or reverse engineer the Drivers, nor create derivative works, vary or modify, make alterations to, or modifications of, the whole or any part of the Drivers nor permit the Drivers or any part of it to be combined with, or become incorporated in, any other programs or make available, the Drivers in any form, in whole or in part to any person without prior written consent from us.
6. RULES FOR USE OF THE WEBSITE
Your use of the Website is subject to the following rules:
- You must own or have the right to upload material that you upload to the Website.
- You will be responsible for notifying to us and other users of the terms upon which you are permitting use of material that you have uploaded; such terms will always be subject to our rights to use the Data under the Agreement.
- You must have the right to allow us and other users to use material that you upload to the Website under the terms which you have notified.
- Your materials must not be defamatory, obscene, offensive, hateful, discriminatory, deceptive, illegal or threatening.
- Your materials must not promote or assist unlawful acts such as (for example only) copyright infringement.
- You may not upload unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
- You must not attack the Website via a denial-of-service attack.
We do not moderate the Website, however, if it comes to our attention that, in our sole discretion, you are acting in contravention of these rules for uploading material, in any other way which is inappropriate or in a way that causes or may cause inconvenience to other users or in breach of the Agreement, we may provide warnings to you or otherwise temporarily or permanently suspend your access to the Website. We may report any illegal act to the relevant law enforcement authorities and we will co-operate with those authorities. We shall not be responsible for uses made of material that you upload to the Website by other users of the Website.
We would like you to provide any suggestions, comments, feedback, ideas, input or know-how you may have on improving the website ("Feedback"). You should take care to ensure that any Feedback is not confidential and does not contain any proprietary information which you do not have the right to provide to us or which you do not wish to license to us on the terms contained in this Agreement. By providing Feedback, you grant to ARM Limited and the ARM Group a perpetual, irrevocable, royalty free, non-exclusive, worldwide licence to use, copy, modify, sell, supply, or otherwise distribute and sublicense the Feedback and any patents, trade marks, service marks, registered designs, copyright, unregistered design right and any other similar protected rights therein for any purpose.
8. THE WEBSITE MAY CHANGE REGULARLY
We may update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website or close it indefinitely. Access is on a temporary basis only and we reserve the right to withdraw or amend the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. Accordingly you should keep your own backups of any material uploaded. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material.
9. YOUR WARRANTIES AND INDEMNIFICATION OF US
WHEN YOU UPLOAD MATERIAL TO THE WEBSITE, YOU CERTIFY AND WARRANT THAT YOU HAVE THE RIGHT TO UPLOAD SUCH MATERIAL.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY US AND COMPANIES IN THE ARM GROUP FROM AND AGAINST ANY CLAIM, SUIT OR ACTION MADE BY A THIRD PARTY AGAINST YOU, US OR AN ARM GROUP COMPANY ARISING FROM OR IN ANY WAY RELATED TO YOUR VIOLATION OF THE AGREEMENT, INCLUDING ANY LIABILITY OR COSTS ARISING OUT OF CLAIMS, LOSSES, DAMAGES, JUDGMENTS AND REASONABLE ATTORNEYS' FEES.
10. OUR LIABILITY
THE WEBSITE IS PROVIDED 'AS IS' WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES WHATSOEVER.
TO THE EXTENT PERMITTED BY LAW, WE AND MEMBERS OF THE ARM GROUP HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY, AND ANY LIABILITY FOR ANY:
- DIRECT LOSS OR DAMAGE;
- INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE;
- LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS OR GOODWILL;
- WASTED MANAGEMENT OR OFFICE TIME;
- LOSS OR DAMAGE TO COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL; OR
- OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, INCURRED BY ANY USER IN CONNECTION WITH THE WEBSITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS UPLOADED TO IT.
THIS STATEMENT DOES NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. YOUR CONCERNS
If you have any concerns about material which appears on the Website, please contact firstname.lastname@example.org.
13. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter. Except in respect of changes made by us to the Agreement (to which we will make commercially reasonable efforts to bring to your attention), no amendment to or modification of the Agreement shall be binding unless in writing and signed by you or, as applicable, a duly authorised representative of both parties.
14. GOVERNING LAW
The Agreement shall be governed by and construed in accordance with English law.