UIQ Books:General disclaimer
From UIQ Books
These Terms and Conditions should be read in conjunctions with the Privacy policy.
1. Introduction
The UIQ Technology web sites (including the web sites at the following uniform resource locators: http://www.uiq.com/, http://developer.uiq.com/ and http://books.uiq.com/ together with all related discussion forums, directories and databases) (the "Web Sites") are offered by UIQ Technology AB (a company registered in Sweden with registered number 556566-7911) (referred to as "UIQ Technology", "we" or "our") whose registered office is at Soft Center VIII, SE 372 25 Ronneby, Sweden.
2. Services
UIQ Technology provides details on the Web Sites about its business practices, including details of its partners and licensees, professional services providers, third party software developers, and independent software vendors (together the "UIQ Community"). The Web Sites also include details about the UIQ open software platform and the UIQ Developer Program, and include authorized access to interactive discussion forums, directories and/or databases, together with details of related products and/or services available to you. The services described in this paragraph are referred to collectively in these terms and conditions as the "Services".
3. Membership and personal use limitation
Access to and use of some of the Web Sites is available only to members using passwords and usernames allocated to them upon receipt of a completed registration process. For further information about such schemes please send an e-mail to webmaster@uiq.com. You agree to keep secure and not provide or disclose to or share with any third parties any username or password you use to access the Web Sites, and you will not log into the Web Sites using a third party's username or password.
4. Content
UIQ Technology does not make any representations about the suitability of the content, material or information contained in the pages, documents, downloads and graphics published on the Web Sites ("Content") for any purpose. All Content is provided on an "as is" basis without warranty of any kind. UIQ Technology hereby disclaims all warranties and conditions with regard to the Content, including all implied warranties and conditions of satisfactory quality, fitness for a particular purpose, title and non-infringement.
While we attempt to ensure that the Content is accurate, we cannot guarantee that it will always be fault-free. The Content could include technical inaccuracies or typographical errors. We endeavor to correct errors and omissions as quickly as practicable. We do not accept liability for any such errors and omissions.
Changes are regularly made to the Content. UIQ Technology may make improvements and/or changes to the Services and/or the Content at any time without notice.
Other than in accordance with these terms and conditions or with the prior written consent of UIQ Technology, you may not modify, copy, distribute, transmit, reverse engineer, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content.
5. Your warranty to us
You will not use the Web Sites for any purpose that is prohibited by these terms and conditions. You warrant that all images, logos or other materials you upload or provide for use on the Web Sites do not infringe any third party copyright, trade marks, any other intellectual property rights or any applicable law and that you are entitled to upload or provide them for display on the Web Sites. You warrant that your use of the Web Sites will be for lawful purposes only and you will indemnify us against all claims, losses, liabilities, costs damages and expenses incurred by us due to any breach by you of these terms and conditions.
By submitting material to any UIQ Technology server, for example, by e-mail or via the web, you agree that: (1) the material will not contain any item that is unlawful or otherwise unfit for publication; (2) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; and (3) you own the material or have the unlimited right to provide it to us and we may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability (4) you agree not to take action against UIQ Technology in relation to material that you submit and (5) you agree to indemnify UIQ Technology if any third party takes action against UIQ Technology in relation to the material you submit.
If you distribute content or add comments, you grant us the right to edit, copy, distribute, create derivative works from, and publish such content in any form and medium we choose. Also, you are solely responsible and liable for all of your activities on the Site. Listed below are some, but not all, violations that may result in termination of your access to the Site:
1. Publish content that is illegal, obscene, or libelous.
2. Harass, threaten, embarrass, or interfere with another user in any unwanted way.
3. Transmit or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable.
4. Use vulgar or abusive language.
5. Pretend to be someone else. You are not allowed to impersonate another user, or any other individual.
6. Attempt to get another user's password.
7. Publish any advertising or promotional material.
8. Upload a virus or other harmful component.
9. Interrupt or attempt to interrupt the Site.
We reserve the right to remove content at any time, including but not limited to, any content that violates these standards. We are not responsible for any objectionable material you may encounter while using the Site.
6. Limitation of liability
For the avoidance of doubt, we do not limit our liability for death or personal injury to the extent only that it arises as a result of our negligence or the negligence of our affiliates, directors, employees or other representatives.
In no event will UIQ Technology be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use of Content available from the Web Sites, or the performance of software, provision of or failure to provide Services.
We have the right without liability to change descriptions and specifications in relation to the Services. We may provide access to a range of goods and services available for you to buy from third parties who are members of the UIQ Community and we accept no responsibility or liability whatsoever for any direct or indirect cost, claim, loss, injury, damage, delay, claim, or other matter arising out of or in connection with any order you place with such third party.
Any contract you make for the supply of goods and services will be with the relevant third party supplier and on that third party's terms and conditions. We make no warranty or guarantee in relation to matters for which suppliers or other third parties are responsible including fulfillment of your contract and make no warranty as to the fitness for purpose or satisfactory quality of any goods or services purchased through such third party Web Sites. If any problems arise from the supply of goods or services by a supplier, you must take issue with the supplier and not with us. While we will endeavor to ensure that such problems are resolved, we are not responsible for any aspect of the relationship between you and the supplier.
UIQ Technology does not exercise editorial control over communications or materials which may be transmitted to the Web Sites for inclusion in interactive discussion forums or databases. UIQ Technology takes no responsibility for such communications or materials.
7. Third party links
The Web Sites contain links to third party web sites, including but not limited to members of the UIQ Community, which are controlled and operated by third parties. Your use of each third party web site is subject to the terms of use and other guidelines, if any, contained within the relevant web site.
In the event that any of these terms and conditions conflict with the terms of use or other terms and guidelines contained within a third party web site, then these terms and conditions will prevail.
UIQ Technology does not make any representations about any third party web site which you may access through the Web Sites. When you access a third party web site, you agree that it is independent from UIQ Technology, and that UIQ Technology has no control over any content on that web site. In addition, a link to a third party web site does not mean that UIQ Technology endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojans and other items of a destructive nature.
In no event will UIQ Technology be liable to any party in respect of any direct, indirect, special or other consequential loss or damage for any use of third party web sites, or any other hypertext linked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
You agree to click on the links to and familiarize yourself with the terms of use and other terms and guidelines found throughout the Web Sites, third party web sites and abide by them if you choose to use the sites, pages or services to which they apply.
8. Access restriction
We reserve the right to deny in our sole discretion any user access to the Web Sites or any portion thereof without notice.
9. Modification of these terms and conditions
We reserve the right to change these terms and conditions of use at any time without cause, such changes will become effective as soon as they are on the Web Sites and by continuing to use the Web Sites following such changes you will be deemed to have accepted such changes.
10. Intellectual property and copyright
All intellectual property rights and copyright in the Web Sites, their Content, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on the Web Sites are reserved to UIQ Technology. The intellectual property rights and copyrights in the book UIQ 3: The Complete Guide are reserved by Sony Ericsson Mobile Communications.
Other than as set out in paragraph 11 below, in accessing the Web Sites you agree that you may only download and store one copy of the Content for your own personal, non-commercial use. Other than as set out in paragraph 11 below, you are not permitted to copy, broadcast, sell, lease, download, store (in any medium), transmit, distribute, show or play in public, modify, adapt or change in any way any Content for any other purpose whatsoever.
11. Downloads
You may download software development kits from the Web Sites provided that you agree to the terms of the licensing agreements accompanying the software development kits on the Web Sites.
You may publish one or more of the images contained within the image library on http://www.uiq.com/ on your web site provided that:
(1) you comply with applicable guidelines set out in paragraph 12;
(2) you do not permit any third party to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt, notify, or change in any way the image;
(3) you include the following acknowledgements adjacent to each image "Copyright © 2006 - 2007 UIQ Technology AB or its Licensors.";
(4) you do not use the image in any way which disparages, or is derogatory or damaging to UIQ Technology, its customers or licensors, its products or services, any Content, infringes its intellectual property or any other of its rights, or violates any applicable law;
(5) you do not display the image in any manner that implies endorsement, sponsorship, or license by UIQ Technology;
(6) the image appears by itself on a white background, with a reasonable spacing between each side of the image and other elements of your web site. The image may not be used as a part, feature or design element of any other logo; and
(7) you do not alter the image in any way (including appearance, color, proportions, size, etc.)
Other than as set out in these terms and conditions, you may only use Content with the prior written consent of UIQ Technology.
12. Trade mark guidelines
UIQ Technology, UIQ, UIQ Alliance, UIQ Selected, UIQ Developer Program, the UIQ logos, UIQ Alliance logos, UIQ Selected logos, UIQ Developer Program logos, and other UIQ related marks or logos (the "Marks") are trademarks or registered trademarks of UIQ Technology. Other product and company names mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
You agree not to use as or incorporate the Marks into any trade name, mark or logo. In particular, you agree to not, through use of the Marks represent, any of your products or services as being provided by UIQ.
When using the Marks, you agree to incorporate the following:
(1) after the first occurrence of each of the Marks, the trade mark symbol (™);
and
(2) in any material in which the Marks appear, the words "UIQ and all UIQ-based marks and logos are trade marks of UIQ Technology".
The Marks must not be used in the plural form. Instead, you may pluralize the nouns they describe (for example, "The UIQ-based products", but not "The UIQ's").
The Marks should not be used as verbs. It is acceptable to say "operate UIQ" or "utilize UIQ" but not "the device UIQ's the telephone software".
The Marks should not be used in the possessive form (for example, "UIQ's UI").
13. General
The Content is only for information purposes. By permitting the use of the Web Sites, we do not hold ourselves out as providing any legal, financial or other advice. We do not make any recommendation or endorsement as to any investment, advisor, any member of the UIQ Community or their services or products, or to any material submitted by any member of the UIQ Community or third parties or linked to the Web Sites. In addition, we do not offer any advice regarding the nature, potential value or suitability of any particular investment, security or investment strategy.
14. Law
All disputes arising out of or relating to the use of the Web Sites shall be governed by and construed in accordance with the laws of Sweden, without reference to its conflict of law rules.
