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T-MOBILE DEVPARTNER COMMUNITY PORTAL TERMS AND CONDITIONS The T-Mobile devPartner Community Portal (“Site”) is comprised of web pages containing information and resources provided by T-Mobile USA Inc. (“T-Mobile”) and certain third party content providers. Your access to the Site is offered to you conditioned on your acceptance of these T-Mobile devPartner Community Portal Terms and Conditions (“Agreement”). Please read this Agreement carefully before accessing or using the Site. By registering to use the Site, selecting “I have read and agree to the DevPartner Community Portal Terms and Conditions,” and/or accessing the Site, you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, do not access or use the Site. Pursuant to Section 11, T-Mobile reserves the right to change the terms, conditions, and notices of this Agreement at any time. THIS SITE REPRESENTS THE CURRENT DEVELOPER PARTNER PROGRAM OF T-MOBILE AND IS SUBJECT TO CHANGE WITHOUT NOTICE. THE SITE MAY CONTAIN INFORMATION ABOUT UNRELEASED PRODUCTS AND FUTURE BUSINESS PLANS OF T-MOBILE. BECAUSE T-MOBILE MUST RESPOND TO CHANGING MARKET CONDITIONS, T-MOBILE MAY CHANGE ITS PRODUCT OR BUSINESS PLANS AT ANY TIME AND T-MOBILE CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION AFTER THE DATE IT IS FIRST POSTED. THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND T-MOBILE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, IN THIS SITE. NOTHING IN THIS SITE IS A COMMITMENT BY T-MOBILE THAT IT WILL ENTER INTO A BUSINESS RELATIONSHIP WITH YOU. YOU BEAR FULL AND SOLE RESPONSIBILITY FOR YOUR USE OF OR THE RESULTS OF YOUR USE OF THE SITE. 1. Site Use All information, files, and materials that are provided through this Site (“Content”) are owned by T-Mobile and its content providers. You may view, copy, or print pages from this Site solely in connection with your use in developing products and services to submit to T-Mobile for evaluation. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from this Site without the express permission of T-Mobile. Certain Content available on the Site may be subject to additional limitations. You are responsible for adhering to any such additional limitations that are posted on the Site. Within portions of the Site, we may provide Content that is confidential to T-Mobile or its partners. Any such Content will be marked as “Confidential” or “Proprietary” and you agree not to disclose the Content to anyone or use it except in connection with your development of products and services you plan to submit to T-Mobile for evaluation. Additionally, we also direct you to content available on third party web sites. Your use of content from third party web sites is subject to the third party web site terms (see Section 3). The Site may contain communication facilities designed to enable you to communicate with T-Mobile and the public at large. You agree to use the Site only to post, send and receive messages and material that are appropriate and related to the purpose of the Site. You agree that when using the Site, you will not engage or attempt to engage in any improper uses. Improper uses include, but are not limited to: (a) violating any applicable law or regulation; (b) posting or transmitting content you do not have the right to post or transmit; (c) posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right; (d) posting or transmitting content that is unlawful, fraudulent, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in our sole discretion; (e) causing damage to T-Mobile’s business, reputation, employees, subscribers, facilities, or to any person; (f) attempting to intercept, collect or store data about third parties without their knowledge or consent; (g) deleting, tampering with or revising any material posted by any other person or entity; (h) accessing, tampering with or using non-public areas of the Site, T-Mobile's computer systems and network or any T-Mobile website; (i) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (j) attempting to access or search the Site, the T-Mobile network or any T-Mobile website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser; (k) sending or attempting to send unsolicited messages, including, but not limited to, promotions or advertisements for products or services, "spam", "chain mail" or "junk mail"; (l) using or attempting to use the Site, the T-Mobile network or any T-Mobile website to send altered, deceptive or false source-identifying information; (m) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site, the T-Mobile network or any T-Mobile website; (n) interfering or attempting to interfere with the access of any user, host or network, including, but not limited to, sending a "virus" to the Site, the T-Mobile network or any T-Mobile website, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Site, the T-Mobile network or any T-Mobile website; (o) impersonating or misrepresenting your affiliation with any person or entity; (p) using the Site to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes", "Ponzi schemes", unregistered sales of securities, and securities fraud; or (q) excessively high volume data transfers or bandwidth consumption, hosting of a web server, internet relay chat server or any other server, and non-traditional end user activities. If we suspect violations of any of the above, we may institute legal action and/or cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations. T-Mobile reserves the right to install, implement, manage and/or operate one or more software, monitoring, or other solutions designed to assist in identifying and/or tracking activities that we consider to be illegal or violations of this Agreement, including, but not limited to, any of the activities described in this Section 1. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in this Agreement, including but not limited to those activities described in this Section 1 and any other activities that may subject T-Mobile or its subscribers to harm or liability. 2. Submissions Any information, including feedback, suggestions or other materials you post, upload, input or submit to T-Mobile through the Site (collectively "Submissions") is understood to be submitted voluntarily and shall not be considered confidential or proprietary. No confidential relationship is established by disclosure of any Submissions or implied from T-Mobile’s consideration of such Submissions. No obligation of any kind (including, but not limited to, any compensation) may be assumed by, nor implied against T-Mobile by virtue of such Submission disclosed, unless and until a formal written contract has been entered into between you and T-Mobile expressly setting forth any applicable obligation accepted by T-Mobile. T-Mobile shall not be subject to any liability in connection with the receipt, examination, and/or use of any Submissions disclosed by you through this Site. T-Mobile’s acceptance and/or consideration of your Submissions and any offer to explore a potential business relationship with you shall not be considered an admission of novelty, priority, originality, or patentability and shall in no way impair T-Mobile’s rights to contest the validity of any existing or future intellectual property rights that may be asserted. T-Mobile does not claim ownership of any Submissions you provide to T-Mobile through the interactive communication facilities contained on the Site, such as forums and blogs. However, by posting, uploading, inputting, providing or submitting your Submission you are granting T-Mobile, its affiliated companies and sublicensees permission to use your Submission in connection with the operation of the Site and their businesses including, but not limited to, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. T-Mobile is under no obligation to post or use any Submission you may provide and may edit, block, refuse to post, or remove any Submission at any time in T-Mobile's sole discretion. You warrant and represent that you own or otherwise control all of the rights to your Submission, including, but not limited to, the rights granted in this Section 2. T-Mobile does not control or endorse any Submissions including, but not limited to, the content or information found therein. Managers and hosts are not authorized T-Mobile spokespersons, and their views do not necessarily reflect those of T-Mobile. 3. Third Party Website Links The Site may contain links to other third party web sites ("Linked Sites"). The Linked Sites are not under the control of T-Mobile and T-Mobile is not responsible for any Linked Site, including but not limited to any content contained in a Linked Site, or any changes or updates to a Linked Site. T-Mobile is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by T-Mobile of the site or any association with its operators. 4. Disclaimer of Warranties THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS,” AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, T-MOBILE AND ITS PARENT, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. T-MOBILE AND ITS PARENT, AFFILIATES, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF (A) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; (B) OF ADEQUACY, ACCURACY, TIMELINESS, AND COMPLETENESS OF INFORMATION, CONTENT, OR RESULTS; (C) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (D) OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. 5. Limitations of Liability IN NO EVENT WILL T-MOBILE OR ITS PARENT, AFFILIATES, OR ANY SUPPLIER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, BASED ON, RESULTING OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF THE SITE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), EVEN IF T-MOBILE OR ITS PARENT, AFFILIATES, OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF T-MOBILE OR ITS PARENT, AFFILIATES, AND ANY SUPPLIER TO YOU, AND THE EXCLUSIVE REMEDY HEREUNDER FOR ANY AND ALL DAMAGES, INJURY, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF THE SITE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), SHALL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE UP TO FIVE DOLLARS (US$5.00) THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT OR THE SITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. THE EXCLUSION OF DAMAGES UNDER THE FIRST PARAGRAPH OF THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN THE SECOND PARAGRAPH AND IT SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES 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 EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. 6. Digital Millennium Copyright Act (“DMCA”) Notice. If you believe that material available through the Site infringes the copyright of any third party, please notify us by using the notice procedure under the DMCA and described at www.t-mobile.com. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. Our designated agent to whom you must address infringement notices under the DMCA is Corporation Services Company ("CSC") 1010 Union Ave. SE, Olympia, WA 98501. 7. Indemnification. You agree to defend, indemnify, and hold T-Mobile and its parent, affiliates, and suppliers harmless from any claims arising out of use of the Site (including any information or content contained therein), any breach of this Agreement, or violation of any laws or regulations or the rights of any third party by you. 8. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for any and all disputes, claims and actions arising from or in connection with the Site and this Agreement. 9. General If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. T-Mobile may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Agreement or assign, transfer or sublicense your rights, if any, in the Site (including any content or information contained therein). T-Mobile’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. This Agreement constitutes the entire agreement between you and T-Mobile with respect to the Site and supersedes all prior or contemporaneous communications of any kind between you and T-Mobile with respect to the Site. 10. Registration You are required to register for a single user account with a user name and password, which is solely for your personal use to access the Site. You must complete the registration process and provide T-Mobile with current, complete, and accurate information as prompted by the registration form. You are responsible for maintaining the confidentiality of your password and user name. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify T-Mobile immediately of any unauthorized use of your account or any other breach of security. You agree that sharing this registration information with another party breaches the Agreement, for which we reserve all rights and remedies. T-Mobile may change your user name or password at any time. 11. Modifications We reserve the right to modify this Agreement at any time. Notice of any modification of this Agreement will be posted on the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site or Content constitutes your binding acceptance of such modifications. Please review the Site for modifications each time before you access the Site to determine whether a change has been made to this Agreement. If you do not agree to any changes in this Agreement as they may occur, please arrange to terminate your registration immediately and discontinue your use of the Content and the Site. 12. Termination T-Mobile reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice.
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