IMPORTANT - READ CAREFULLY BEFORE ACCESSING THE APPLICATION IDENTIFIER (APP-ID) REGISTRY
BY REGISTERING AN APPLICATION IDENTIFIER (“APP-ID”) WITH THE APP-ID REGISTRY PORTAL (“APP-ID Portal”), CUSTOMER AGREES TO BE BOUND BY THE GENERAL TERMS AND CONDITIONS BELOW ("AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY.
GENERAL TERMS AND CONDITIONS
The following terms and conditions apply to all Orders/Purchases.
1. WARRANTIES. ATIS warrants that it (i) has the right to enter into this Agreement, and (ii) shall provide APP-IDs in a competent and professional manner. ATIS makes no other representations and extends no other warranties of any kind.
2. DISCLAIMERS/LIMITATIONS ON LIABILITY
a APP-IDS ARE BASED ON TECHNICAL SPECIFICATIONS DEVELOPED BY ONEM2M AND ARE PROVIDED ON AN "AS-IS" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, ATIS MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH REGARD TO APP-IDS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ATIS HAS BEEN MADE AWARE OF SUCH PURPOSE), WARRANTIES ALLEGED TO ARISE AS A RESULT OF CUSTOM AND USAGE, AND WARRANTIES AGAINST INFRINGEMENT OF PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. ATIS DOES NOT ASSUMES OR ACCEPTS ANY LIABILITY WITH RESPECT TO THE QUALITY OR SUFFICIENCY OF ANY RESULTS TO BE ACHIEVED BY THE USE OF APP-IDS.
b IN NO EVENT SHALL ATIS BE LIABLE TO CUSTOMER FOR ANY INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS AGREEMENT, INCLUDING THE USE OR INABILITY TO USE ANY APP-ID(S). ATIS' LIABILITY HEREUNDER, IF ANY, SHALL BE LIMITED TO THE AMOUNT OF MONEY RECEIVED HEREUNDER. CUSTOMER ASSUMES ALL OTHER RISKS AND LIABILITIES, IF ANY.
c TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ATIS BE LIABLE FOR ANY DAMAGES SUFFERED BY CUSTOMER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLERY OR CONSEQUENTIAL DAMAGES (II) LOSSES ARISING FROM THE USE OR THE INABILITY TO USE THE PORTAL AND LICENSED APPLICATION (INCLUDING THE SOFTWARE AND/OR THE SERVICES), (III) LOSSES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, OR (IV) LOSS OF INFORMATION, PROGRAMS OR OTHER DATA THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE AND LICENSED APPLICATION (INCLUDING THE SOFTWARE AND/OR SERVICES) OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET. THIS LIMITATION OF LIABILITY SHALL BE IN FULL FORCE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ATIS HAD PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. INDEMNIFICATION. Customer shall protect, indemnify, hold harmless and defend ATIS, with counsel acceptable to ATIS (at Customer's own expense), from and against any and all direct and indirect losses, damages, obligations, fines, claims, suits, actions or proceedings, and any judgment, settlement, compromise or resolution for damages or any other relief resulting therefrom, to the extent that there is any allegation of any losses or damages, whether direct, indirect, consequential or special (including, but not limited to, personal injury, property damage, economic loss or consequential damages), or their equivalent, based on or in connection with this Agreement, or relating to Customer's use of APP-IDs, regardless of the legal, equitable or factual nature thereof.
4. SECURITY. Data transmitted to and from the APP-ID Portal is encrypted for the user's protection. However, the security of information transmitted through the Internet can never be guaranteed. ATIS is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of APP-ID Portal. In order to protect Customers and Customer data, ATIS may suspend a Customer’s of the APP-ID Portal, without notice, pending an investigation, if any breach of security is suspected.
5. COPYRIGHTS AND TRADEMARKS. The software available on or through the APP-ID Portal is the sole and exclusive property of ATIS and/or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not use the trademarks, logos and service marks ("Marks") found on the APP-ID Portal for any purpose, including, but not limited to, use as "hot links" or meta tags in other pages or sites on the World Wide Web, without the written permission of ATIS.
6. RIGHTS TO USE APP-ID PORTAL; NO TAMPERING. The APP-ID Portal includes certain computer software that is subject to copyright protection by ATIS and/or ATIS' licensors. Customer agrees that it is not purchasing title to the software or copies thereof and that ATIS reserves all rights not expressly granted to Customer. Customer may not copy, distribute, transmit, display, publish, sell, rent, license, create derivative works or otherwise use any software available on or through the site for commercial or public purposes. Customer is granted access to use the APP-ID Portal and the software on a limited, revocable, non-exclusive, and non-transferable basis, subject to this Agreement. Customer may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the software). Customer agrees not to modify, move, add to, delete or otherwise tamper with the software contained in the site.
Except and to the limited extent provided for in the applicable license grant as set forth herein, no right is granted: (i) to reproduce, modify, translate or disassemble APP-IDs; (ii) for the use of the APP-IDs directly for or by any third party; ; or (ii) to resell, distribute, export, re-export, or to sublicense the APP-ID. For the avoidance of doubt, Customer may not resell APP-IDs to any third party.
7. LIMITATIONS ON USE. Customer shall limit use of the APP-IDs to the uses provided for in the license grant as set forth in this Agreement. Customer grants ATIS the right to audit LAWS AND REGULATIONS. Access to and use of the APP-ID Portal (including the software and services in connection therewith) is subject to all applicable international, federal, state, provincial and local laws and regulations, including export laws. Customer agrees to abide by these laws and not use the APP-ID Portal (including the software and services in connection therewith) in any way that violates such laws or regulations. Customer shall indemnify, pay or reimburse ATIS for all sales or use or value-added transactional taxes, duties, or levies imposed by any authority, government or government agency related to the use of APP-IDs (other than those levied on the net income of ATIS) upon demand by ATIS.
8. TRANSFERS, ASSIGNMENTS, MERGERS. Customer may not transfer, assign or sublicense any APP-ID, or the use of this website, without the prior, written consent of ATIS. In the event of the merger, acquisition or buyout involving the Customer, Customer will be required with ATIS to update records and coordinate legal entity name changes as required by oneM2M specifications.
9. CHANGES TO APP-IDS. Changes to any APP-ID code requested by Customer after ATIS has registered such code shall be processed at an additional fee to be set forth in a subsequent agreement. When requested changes are related to a change in the Customer's status including, but not limited to, a name change and/or a merger or acquisition, such change requests must be accompanied by a copy of the amendment to the Customer's charter and/or other documentary proof satisfactory to ATIS.
10. FORCE MAJEURE. ATIS shall not be liable for delay or damages if prevented from fulfilling its obligations by reason of Force Majeure events or actions which are beyond ATIS's control provided that ATIS gives Customer written notice of such an event or action no later than forty-five (45) days after such an event is recognized by ATIS to have occurred.
11. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the Federal and State laws of the State of New York, USA without giving effect to the principles of conflict of laws thereof, and to the extent permitted by applicable law, all parties consent to the jurisdiction of courts situated in New York, USA in any action arising under this Agreement.
12. INVALID/UNENFORCEABLE TERMS. If a term or condition of this Agreement is invalid or unenforceable, the remaining terms and conditions will remain in full force and effect.
13. CHANGES TO SERVICE AND TERMS. ATIS is not responsible for any technical inaccuracies or typographical errors that may be contained in this Agreement. ATIS reserves the right to changes the terms of this Agreement in its sole discretion at any time. Any such changes to the terms will become effective immediately upon being posted on the site. Customers can view the changed Terms by clicking or tapping on the link for Terms and Conditions after login. Customer’s continued use of the site shall constitute acceptance of such changed terms. The site and/or the APP-ID Portal and any software/services related thereto may be modified, temporarily or permanently, by ATIS at any time without notice. Customer agrees that ATIS shall not be liable to it or to any third party for any modification of the site and/or the APP-ID Portal and any software/services related thereto.
14. PAYMENT. Any payment to ATIS shall be in United States dollars, and shall be made using valid credit card information submitted electronically using this Site.
END OF GENERAL TERMS AND CONDITIONS
