1. Applicable Agreement(s). Your access to and use of the materials available on the Site (including but not limited to CreatePoint, Qualcomm ChipCode Software, and Cases websites) may be subject to the terms and conditions of a corresponding agreement(s) in place between the legal entity you represent and Qualcomm Technologies, Inc. or an affiliated company, including but not limited to Qualcomm Technologies International, Ltd. Your access to and use of the materials available on the Site shall not modify or abrogate your obligations under any other agreement with Qualcomm Technologies, Inc. or an affiliated company, including but not limited to Qualcomm Technologies International, Ltd. Nothing in the materials available on the Site is an offer to sell any of the components or devices referenced herein. Unauthorized access to or use of such materials is prohibited.
2. Copyright Notice and Use of the Site. The Site contains copyrighted material, trademarks, and other proprietary information, including comments, articles, information, brochures, data, text, software, photos, videos and graphics. The contents of the Site are subject to copyrights owned by Qualcomm and other individuals or entities and are protected by United States and international copyright laws. Except as otherwise provided in a written Agreement between you and Qualcomm, you may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this Site. You may not distribute copies of materials found on the Site in any form (including by e-mail or other electronic means), without prior written permission from Qualcomm. You may, however, download content from this Site solely for your personal, non-commercial use (except as may otherwise be provided in a written agreement between you and Qualcomm), provided you keep intact all copyright and other legal and proprietary notices. To make a complaint about a copyright violation on the Site, see Section 8 below.
3 Broadcom Notice. Pursuant to its settlement agreement with Broadcom Corporation, Qualcomm is required to notify you that the sale, license, or other transfer of certain Qualcomm products to Buyer does not convey to Buyer any intellectual property rights (including patent rights) of Broadcom Corporation or any of its affiliates in such Qualcomm products and therefore Buyer should not assume that any such sale, license, or other transfer conveys any such rights to Buyer. Buyer should contact Qualcomm with any questions it may have regarding whether Qualcomm’s sale, license, or other transfer of specific Qualcomm products to Buyer conveys to Buyer any rights to Broadcom intellectual property. For those Qualcomm products for which this sale, license, or other transfer does not convey to Buyer any intellectual property rights of Broadcom Corporation or any of its affiliates, neither Broadcom Corporation nor any of its affiliates has consented to or authorized (a) the incorporation of such Qualcomm products in, or the use of such Qualcomm products in combination with, any other products or components, (b) Buyer’s sale of any products incorporating such Qualcomm products, or (c) the distribution in any jurisdiction of such Qualcomm products where the distribution of such Qualcomm products is deemed to be a putting on the market with Broadcom Corporation’s consent or authorization so as to effectuate an exhaustion of rights of any patents. The foregoing shall not modify or abrogate Buyer’s obligations under any existing license agreement between Buyer and Broadcom Corporation (or any of its affiliates), including but not limited to Buyer’s obligation to pay all royalties and fees specified thereunder, and shall not expand or alter Buyer’s rights thereunder.
Qualcomm makes no representations whatsoever about any third party web site which you may access through the Site. When you access a third party web site, you agree that it is independent from Qualcomm, that any content you retrieve from that web site is not distributed by Qualcomm, and that Qualcomm has no control over any content on that web site. In addition, a link to a third party web site does not mean that Qualcomm 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.
5 Additional Terms for Forums, Blogs, and Other Social Media.
Our Site may provide one or more forums, blogs, or other interactive or social media features (“Forums”) for visitors to our Site to exchange information with each other and with Qualcomm about Qualcomm’s products and services (the “Purpose”). If you use the Forums, in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to and acknowledge the following:
- Restrictions. You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright and trademark laws. Except as permitted through a “Share” function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including any code or software we may provide.
- Postings Not Necessarily the Opinion of Qualcomm. Some of the individuals posting to Forums work for Qualcomm; however, opinions expressed on Forums and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect the views of Qualcomm.
- Postings. Although we may attempt to keep objectionable messages off the Site, it is impossible for us to review all messages. All messages express the views of the author, and Qualcomm will not be held responsible for any message or associated content. You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums.If you post any messages, upload files, input data, or engage in any other form of communication through the Forums (a “Posting”), you represent and warrant the following: (i) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (ii) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (iii) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (iv) any Postings you make to the Site do not infringe any third party copyright, trade marks, any other intellectual property rights or any applicable law and (v) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of this TOU or your use of the Forums. For the purposes of this section, references to “your use” of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer.
- Third Party Contributions. The Forums may include contributions from various sources over which Qualcomm has no control (including any content submitted by third party users). Qualcomm does not pre-screen or exercise editorial control over any Postings, and takes no responsibility for any Postings. Qualcomm reserves the right to edit or remove Postings at any time and in its sole discretion, including those that are in breach of this TOU or in breach of any obligation of confidentiality you owe Qualcomm, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and Qualcomm will not be liable in relation to the removal of, or failure to remove, any Postings.
- Messages to Registered Users. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (i) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (ii) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.
- License. By adding a Posting to the Forum, you grant Qualcomm a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (i) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (ii) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction, (iii) make, use, sell, offer for sale, and import products implementing any invention or functionality reflected in your Posting, and (iv) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction without Qualcomm owing any monies to you whatsoever.
- Qualcomm Employees. If you are a Qualcomm employee, you must also follow the Qualcomm Social Media Policy in your Postings.
- Posting Guidelines. Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines.
7. Disclaimer. The materials on the Site and on the Forums are provided “as is” and, to the fullest extent permissible pursuant to applicable law, Qualcomm disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Qualcomm does not warrant that the Site or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, or the server that makes it available, are free of viruses or other harmful components. Qualcomm does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of correctness, accuracy, timeliness, reliability, or otherwise. You (and not Qualcomm or its licensors) assume the entire cost of all necessary maintenance, repair, or correction. Commentary and other materials posted on the Site and Forums are not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any such reliance.
8. Limitation of liability. Under no circumstances, including, but not limited to, negligence, shall Qualcomm, its subsidiaries and parent companies and affiliates be liable for any direct, indirect, incidental, special or consequential damages that arise or result from or are related to the use of, or the inability to use, the Site or any of the Postings made available on or through the Site. Under no circumstances shall Qualcomm’s aggregate liability exceed $5.00. You specifically acknowledge and agree that Qualcomm, its subsidiaries and parent companies and affiliates are not liable for any defamatory, offensive or illegal conduct of any user of the Site or any posting to the Site. If you are dissatisfied with the Site or any materials made available by or through the Site, or with this TOU, your sole and exclusive remedy is to discontinue using the Site.
9 Notices of copyright infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Qualcomm’s Designated Agent in writing at the following address:
Attn. Corporate Legal, Copyright Agent
5775 Morehouse Drive
San Diego, CA 92121-1714
Telephone Number of Designated Agent: (858) 845-6363
Facsimile Number of Designated Agent: (858) 845-1249
Email Address of Designated Agent: copyrightagent [at] qualcomm [dot] com
- To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;
- Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Qualcomm to locate the material on the Site;
- Information reasonably sufficient to permit Qualcomm to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
- A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and if submitted by the owner’s authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide a counter-notification in writing to the Designated Agent that includes the information below.
To be effective, a counter notification must be a written communication provided to Qualcomm’s Designated Agent at the above-provided address that includes substantially the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for San Diego County, California, or if the Subscriber’s address is outside of the United States, for any judicial district in which Qualcomm may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
10. Export Restrictions. You must comply with all domestic and international export laws and regulations that may apply to the software or other materials obtained from this Site.
11. Trademarks. Qualcomm trademark of Qualcomm Incorporated, registered in the United States and other countries. Other product names, brand names and company names mentioned on this Site may be trademarks or registered trademarks of their respective owners.
12. Modification & Termination. This TOU is effective until modified or terminated by Qualcomm. Qualcomm may modify this TOU from time to time and the new TOU will be effective when posted. Qualcomm may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities, and export restrictions set forth in this agreement, shall survive.
13. Language This TOU is solely effective in its English language version and any translations of this TOU are provided solely for information and convenience. In the event this TOU is translated into any language other than English, the English version shall in all respects control and apply in case of any differences or discrepancies.
14. Governing Law. This TOU shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law.
15. Severability. If any provision of this TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Effective: July 30, 2019