ARM LINUX PORTAL USER AGREEMENT

10 January 2006

ACCESS TO AND USE OF CONTENT:

THIS LEGAL AGREEMENT (“AGREEMENT”) GOVERNS YOUR ACCESS TO THE LINUX WEB PORTAL AND WEBPAGES PROVIDED BY ARM LIMITED (“ARM”) AT www.linux-arm.org (“PORTAL”). ARM MAY MAKE AVAILABLE SOFTWARE SOURCE CODE, OBJECT CODE, PATCHES OR OTHER FILES, DOCUMENTATION OR MATERIALS THROUGH THE PORTAL (COLLECTIVELY “CONTENT”). ARM MAY ALSO PROVIDE THE MEANS FOR YOU TO MAKE CONTRIBUTIONS (EACH A “CONTRIBUTION”) FOR DISTRIBUTION THROUGH THE PORTAL. YOUR USE OF ALL CONTENT, AND YOUR SUBMISSION OF ANY CONTRIBUTIONS, IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE LICENCE AGREEMENTS OR NOTICES DESCRIBED BELOW.

BY CLICKING “I ACCEPT”, OR BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT OR THE LICENCE AGREEMENTS OR NOTICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THOSE OF THE LICENCE AGREEMENTS OR NOTICES DESCRIBED BELOW, YOU MAY NOT USE THE PORTAL OR THE CONTENT. BY SUBMITTING A CONTRIBUTION, YOU AGREE THAT THE TERMS OF THIS AGREEMENT AND/OR THE NOTICES DESCRIBED BELOW SHALL APPLY TO SUCH CONTRIBUTION. IF YOU DO NOT AGREE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THOSE OF THE LICENCE AGREEMENTS OR NOTICES DESCRIBED BELOW SHALL APPLY TO SUCH CONTRIBUTION, DO NOT SUBMIT IT.

LICENCE TERMS APPLICABLE TO CONTENT (OUTBOUND LICENSING):

Unless stated otherwise, and except as noted below for web pages, all Content made available to you through the Portal is licensed to you under the terms of this Agreement and the applicable licence agreement delivered with, included in or referenced by such Content.

Some kernel patches, files or other materials forming part of the Content may contain, refer to, or be subject to, the terms of other licence agreements, permission notices or legal terms. These other licence agreements, permission notices or legal terms may include, but are not limited to:

• The GNU General Public License, Version 2
• The GNU Lesser or Library General Public License, version 2.1

IT IS YOUR RESPONSIBILITY TO LOCATE, READ AND ACCEPT ALL SUCH LICENCE AGREEMENTS, PERMISSION NOTICES AND LEGAL TERMS BEFORE YOU USE SUCH CONTENT.

ARM DELIVERS ANY CONTENT AND WEB PAGES “AS IS”, WITHOUT MAKING ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES REGARDING FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NONINFRINGEMENT. ON BEHALF OF ARM AND ANY THIRD PARTY CONTRIBUTORS AND COPYRIGHT HOLDERS, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED.

IN NO EVENT SHALL ARM, THE COPYRIGHT OWNERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, LOSS OF USE, DATA, GOODWILL OR PROFITS, OR OTHER ECONOMIC LOSS) WHETHER SUCH DAMAGES ARE ALLEGED AS A RESULT OF TORTIOUS CONDUCT OR BREACH OF CONTRACT OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMS APPLICABLE TO CONTRIBUTIONS (INBOUND LICENSING):

You agree that any Contribution you submit or upload to the Portal shall be licensed under the terms of the GNU General Public License, Version 2 or any later version thereof, or, if applicable, some other form of licence designated by you which satisfies the OSI’s open source definition (currently available at http://www.opensource.org/docs/definition.php). If you do not wish, or believe you are unable, to submit your Contribution under these terms, do not submit it. Please contact linux-arm-webmaster@linux-arm.org if you have any questions.

You agree not to submit or upload any Contribution that, to your knowledge, information and belief; (i) discloses the confidential information of any third party; (ii) infringes or misappropriates the intellectual property, trade secrets or other proprietary right of any third party; (iii) contains defamatory, obscene or illegal statements, images or material; or (iv) is in violation of export control restrictions in the USA or other countries. You agree that all your submissions to the Portal (whether or not accepted as a Contribution) are made on a non-confidential basis.

If ARM accepts a Contribution, ARM may distribute such Contribution via the Portal as Content under the terms for Content described in this Agreement. However ARM shall have no obligation to accept, test, validate, use or distribute any Contribution.

WEB PAGE MANAGEMENT AND REMOVAL OF MATERIALS:

“Content” excludes the text and graphics of the web pages that make up the Portal; these are made available solely for you to browse and, if applicable, to edit or to make additions to them. Such edits or additions are not “Contributions”. You agree that ARM may do what ARM sees fit with such edits or additions, including (without limitation) the right to modify, sublicense, publicly disclose and distribute to third parties who may further sub-license, modify, publicly disclose and distribute to other third parties as they see fit on the same basis, and so on.

ARM reserves the right to remove or delete any Contribution, Content or web page at any time without notice.

DATA PROTECTION AND USE:

ARM may wish to email or post you details of new or updated Content. If you do not wish to receive these, please tick the appropriate box when entering your personal details when registering or submitting your Contribution. If you do not tick the box, you may still unsubscribe at a later date by notifying linux-arm-webmaster@linux-arm.org. ARM’s use (if any) of your personal data under this Agreement shall be in accordance with the UK Data Protection Act 1998 and other applicable laws. ARM may transfer such personal data for processing, by ARM’s subcontractors or by companies under common control with ARM, outside the EU or other jurisdiction in which the relevant laws apply. If you do not agree do this, do not tick the box when you register.

ARM contract reference number: LEC-SLA-00508-V6.0 AB/PR
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