Thank you for using the Romotive Software Development Kit (the "Romotive SDK"). By using the Romotive SDK, you agree to the terms below. If you disagree with any of these terms, Romotive does not grant you a license to use the Romotive SDK. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here http://romotive.com/developers/tos/.
Your license to the Romotive SDK under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any parts of the Romotive SDK. Romotive may terminate the license at any time for any reason. Your rights to use the Romotive SDK terminate automatically if (i) you violate any of these terms, (ii) Romotive publicly posts a written notice of termination on romotive.com, (iii) Romotive sends a written notice of termination to you, or (iv) Romotive disables access to the Romotive SDK to you.
The Romotive SDK is owned by Romotive and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the Romotive SDK, all updates, revisions, substitutions, and any copies of the Romotive SDK made by or for you. All rights not expressly granted to you are reserved by Romotive.
- Disclose in your application, through a privacy policy, on how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors.
- Distribute the Romotive SDK (or any of its components) in any way.
- Use Romotive SDK for any application that replicates or attempts to replace the essential user experience of Romo.
- Use Romotive SDK in any application that transmits video, audio, or pictures captured from the iDevice outside of a local network without confirmation from the user through a prominent UI notification.
- Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Romotive SDK.
- Use Romotive SDK for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
- Use Romotive SDK in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
- Use Romotive SDK in a manner that adversely impacts the stability of romotive.com servers or adversely impacts the behavior of other applications using the Romotive SDK.
- Sell, lease, or sublicense Romotive SDK or access thereto or derive revenues from the use or provision of Romotive SDK, whether for direct commercial or monetary gain or otherwise, except as set forth below.
If the primary purpose of your application is to derive revenue, it is considered a commercial application. Romotive reserves the right to make this evaluation at any time.
If you're in doubt about whether your application is commercial, here are a few common examples of commercial use that may provide you some guidance:
- Users are charged a fee for your product or service which includes some sort of integration using the Romotive SDK.
- You sell services to Romotive users and use the SDK to bring users' Romotive content into.
Non-commercial uses could include:
- Educational uses of the SDK
- Building personal apps for Romo
Commercial use of the Romotive SDK is permitted with one simple rule. Upon releasing any software that harnesses Romotive SDK for commercial use, you must send an email to developers@romotive.com with a link to the application that uses the Romotive SDK.
You may not use the the name, trademarks, or logos of Romotive to endorse or promote products derived from the Romotive SDK without specific prior written permission from Romotive.
The Romotive SDK may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Romotive's rights apply to the Romotive SDK and all output and executables of the Romotive SDK, excluding any software components developed by you which do not themselves incorporate the Romotive SDK or any output or executables of the Romotive SDK. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. Romotive owns all rights, title, and interest in and to the Romotive SDK. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Romotive, including (but not limited to) the Romotive SDK and Romotive trademarks.
Romotive may elect to provide you with support or modifications for the Romotive SDK (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Romotive may change, suspend, or discontinue any aspect of the Romotive SDK at any time, including the availability of any Romotive SDK. Romotive may also impose limits on certain features and services or restrict your access to parts or all of the Romotive SDK or the Romotive Web site without notice or liability.
Romotive is committed to free and open access to our SDK for commercial, non-commercial and educational purposes. However, providing the SDK does have real costs for Romotive. For uses of the Romotive SDK over a certain rate or for certain types of commercial applications, Romotive reserves the right to charge fees for future use of or access to the Romotive SDK.
SOME OF THE ROMOTIVE SDK MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. ROMOTIVE DOES NOT REPRESENT OR WARRANT THAT THE ROMOTIVE SDK IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE ROMOTIVE SDK IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND ROMOTIVE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF THE ROMOTIVE SDK IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY APPLICATION DEVELOPED WITH THE ROMOTIVE SDK INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA.
ROMOTIVE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE ROMOTIVE SDK, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT ROMOTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL ROMOTIVE BE LIABLE TO YOU FOR ANY AMOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Romotive, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Romotive SDK.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Romotive and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Romotive SDK, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Romotive shall use good faith efforts to provide you with written notice of such claim, suit or action.
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Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Service, you and Romotive shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Romotive, express or implied, and you shall not attempt to bind Romotive to any contract.
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Invalidity of Specific Terms. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
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Location of Lawsuit and Choice of Law. The Terms of Service and the relationship between you and Romotive shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Romotive agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California.
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No Waiver of Rights by Romotive. Romotive's failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
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Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Service. Any construction or interpretation to be made of the Terms of Service shall not be construed against the drafter. The Terms of Service constitute the entire agreement between Romotive and you with respect to the subject matter hereof.