Selling My Corona Game Edition/Standard Edition Licence
ZackGS
Member Posts: 313
I am selling my Corona game edition licence. I have my reasons.
It costs $349 for a Corona game edition licence. I am selling mine for $200. The licence is valid until 8 Jun 2011.
Anyone interested?
It costs $349 for a Corona game edition licence. I am selling mine for $200. The licence is valid until 8 Jun 2011.
Anyone interested?
Comments
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Read below, it is in the license you agreed to when you purchased the subscription:
A. Developer Software. You may install and use one copy of the SDK on one Authorized Computer at a time. Subject to the terms below, Ansca grants You a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Developer Software solely for the purpose of developing Applications for mobile phones and other software for mobile phones; (ii) to copy Developer Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies; and (iii) to market and distribute, directly or indirectly through distributors, Applications created with the Developer Software, provided that (a) You will not, and will not permit any third party to, modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any portion of the Application created by the SDK and (b) any Application created with the SDK is distributed to end users under an enforceable end-user license agreement containing at least the following minimum terms:
* Prohibition against distribution and copying.
* Prohibition against modifications and derivative works.
* Prohibition against decompiling, reverse engineering, disassembling, and otherwise reducing the software to a human-perceivable form.
* Provision indicating ownership of software by You and Your suppliers.
* Disclaimer of all applicable statutory warranties, to the full extent allowed by law.
* Limitation of liability not to exceed price of Your Product, and provision that sole remedy shall be a right of return and refund, if any, from You.
* Disclaimer of indirect, special, incidental, punitive, and consequential damages.
* Making Ansca a third-party beneficiary for purposes of enforcing its intellectual property rights or any disclaimers or limitations.
Here is the full license:
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ANSCA INC.
CORONA CONNECT MEMBERSHIP AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ANSCA INC. ("ANSCA") STATING THE TERMS THAT GOVERN YOUR PARTICIPATION AS A REGISTERED USER OF THE CORONA DEVELOPER PORTAL. PLEASE READ THIS CORONA CONNECT MEMBER AGREEMENT ("AGREEMENT") BEFORE PRESSING THE "I AGREE" BUTTON AND CHECKING THE BOX AT THE BOTTOM OF THIS PAGE. BY PRESSING "I AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PRESS "CANCEL" AND YOU WILL BE UNABLE TO BECOME A CORONA CONNECT MEMBER.
Corona Connect Membership Agreement
1. Relationship With Ansca Inc. ("Ansca") Ansca ID and Password. You understand and agree that by becoming a Corona Connect Member, no legal partnership or agency relationship is created between you and Ansca. Neither you nor Ansca is a partner, an agent or has any authority to bind the other. You agree not to represent otherwise. You also certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to become a Corona Connect Member. This Agreement is void where prohibited by law and the right to become a Corona Connect Member is not granted in such jurisdictions. As a Corona Connect Member, you cannot transfer any benefits you receive from Ansca in connection with being a Corona Connect Member. The Ansca ID and password you use to login as a Corona Connect Member cannot be shared in any way or with any one. You are responsible for maintaining the confidentiality of your Ansca ID and password and for any activity in connection with your account. Notwithstanding the foregoing restrictions in this Section 1, if you are the parent or legal guardian of individuals between the ages of 13 and the legal age of majority in the jurisdiction in which you reside, you may allow such individuals to share your Ansca ID and password for their use solely under your supervision and only in accordance with this Agreement. You are responsible for such individuals' compliance with and violations of this Agreement and any other Ansca agreements.
2. Developer Benefits. As a Corona Connect Member, you may have the opportunity to attend certain Ansca developer conferences, technical talks, and other events (including online or electronic broadcasts of such events) ("Ansca Events"). In addition, Ansca may offer to provide you with certain services ("Services"), as described more fully herein and on the Corona Connect Member web pages ("Site"), solely for your own personal use (except as otherwise permitted in Section 1) in connection with your participation as a Corona Connect Member and not for the benefit of any third party. Services may include, but not be limited to, any services Ansca offers on the Site as well as the offering of any content or materials displayed on the Site ("Content"). Ansca may change, suspend or discontinue providing the Services, Site and Content to you at any time, and may impose limits on certain features and materials offered or restrict your access to parts or all of materials without notice or liability.
3. Corona Developer Program Terms And Conditions. If your membership includes a Corona Developer Program subscription, or such benefit is transferred to you, you agree to be bound by the terms and conditions set forth in the attached Corona Developer Program Terms and Conditions in addition to the terms and conditions set forth herein.
4. Restrictions. You agree not to exploit the Site, or any Services or Content provided to you as a Corona Connect Member, in any unauthorized way, including but not limited to, by trespass, burdening network capacity or using the Services, Site or Content other than for authorized purposes. Any attempt to do so is a violation of the rights of Ansca and its licensors. Copyright and other intellectual property laws protect the Site and Content provided to you, and you agree to abide by and maintain all notices, license information, and restrictions contained therein. Unless expressly permitted herein or otherwise permitted in a separate agreement with Ansca, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, redistribute, perform, display, or in any way exploit any of the Site, Content or Services in whole or in part. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of any security components or any software components of the Services, Site or of the Content (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by any licensing terms accompanying the foregoing). Use of the Site, Content or Services to violate, tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so, is expressly prohibited. Ansca retains ownership of all its rights in the Site, Content, and Services, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Ansca intellectual property.
5. Confidentiality. You agree that any Ansca pre-release software (including related documentation and materials) and any information disclosed by Ansca to you in connection with Ansca Events (defined below) will be considered and referred to as "Ansca Confidential Information". Notwithstanding the foregoing, Ansca Confidential Information will not include: (i) information that is generally and legitimately available to the public through no fault or breach of yours, (ii) information that is generally made available to the public by Ansca, (iii) information that is independently developed by you without the use of any Ansca Confidential Information, (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (v) any third party software and/or documentation provided to you by Ansca and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation.
6. Nondisclosure and Nonuse of Ansca Confidential Information. Unless otherwise expressly agreed or permitted in writing by Ansca, you agree not to disclose, publish, or disseminate any Ansca Confidential Information to anyone other than to other Corona Connect Members who are employees and contractors working for the same entity as you and then only to the extent that Ansca does not otherwise prohibit such disclosure. Except for your Authorized Purposes as a Corona Connect Member or as otherwise expressly agreed or permitted by Ansca in writing, you agree not to use Ansca Confidential Information in any way, including, without limitation, for your own or any third party's benefit without the prior written approval of an authorized representative of Ansca in each instance. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Ansca Confidential Information. You acknowledge that unauthorized disclosure or use of Ansca Confidential Information could cause irreparable harm and significant injury to Ansca that may be difficult to ascertain. Accordingly, you agree that Ansca will have the right to seek immediate injunctive relief to enforce your obligations under this Agreement in addition to any other rights and remedies it may have.
7. Amendment; Communication. Ansca reserves the right, at its discretion, to modify this Agreement, including any rules and policies at any time. You will be responsible for reviewing and becoming familiar with any such modifications (including new terms, updates, revisions, supplements, modifications, and additional rules, policies, terms and conditions)("Additional Terms") communicated to you by Ansca. All Additional Terms are hereby incorporated into this Agreement by this reference and your continued use of the Site will indicate your acceptance of any Additional Terms. In addition, Ansca may be sending communications to you from time to time. Such communications may be in the form of phone calls and/or emails and may include, but not be limited to, marketing materials, technical information, and updates and/or changes regarding your participation as a Corona Connect Member. By agreeing to this Agreement, you consent that Ansca may provide you with such communications.
8. Term and Termination. Ansca may terminate or suspend you as a Corona Connect Member at any time in Ansca's sole discretion. You may terminate your participation as a Corona Connect Member at any time, for any reason, by notifying Ansca in writing of your intent to do so. Upon any termination or, at Ansca's discretion, suspension, all rights and licenses granted to you by Ansca will cease, including your right to access the site, and you agree to destroy any and all Ansca Confidential Information that is in your possession or control. At Ansca's request, you agree to provide certification of such destruction to Ansca. No refund or partial refund of any fees paid hereunder or any other fees will be made for any reason. Following termination of this Agreement Sections 1, 3-5, 7-16 shall continue to bind the parties.
9. Ansca Independent Development. Nothing in this Agreement will impair Ansca's right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with, any other products, software or technologies that you may develop, produce, market, or distribute. In the absence of a separate written agreement to the contrary, Ansca will be free to use any information, suggestions or recommendations you provide to Ansca pursuant to this Agreement for any purpose, subject to any applicable patents or copyrights.
10. Use Of Ansca Trademarks, Logos, etc. You agree not to use the marks "Ansca," the Ansca Logo, "Corona," or any other marks belonging or licensed to Ansca in any way except as expressly authorized in writing by Ansca in each instance. You agree that all goodwill arising out of your authorized use of Ansca's marks shall inure to the benefit of and belong to Ansca.
11. No Warranty. ANSCA DOES NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), OR INFORMATION THAT YOU RECEIVE AS A CORONA CONNECT MEMBER (COLLECTIVELY, THE "SERVICE" FOR PURPOSES OF THIS SECTION 11 AND 12) WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. ANSCA CANNOT ENSURE THAT ANY FILES, INFORMATION OR OTHER DATA YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES AND ANSCA DISCLAIMS ANY LIABILITY RELATED THERETO. ANSCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANSCA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST ANSCA FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. To the extent that Ansca makes available any pre-release or other products, services or information related thereto available to you, you understand that Ansca is under no obligation to provide updates, enhancements, or corrections, or to notify you of any product or services changes that Ansca may make, or to publicly announce or introduce the product(s) or service at any time in the future.
12. Disclaimer of Liability. UNDER NO CIRCUMSTANCES SHALL ANSCA BE LIABLE WITH RESPECT TO THE SERVICE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM DELAY OF DELIVERY OR FROM LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, ON ANY THEORY OF LIABILITY, WHETHER ARISING UNDER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WHETHER OR NOT ANSCA HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, ANSCA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICE, ANSCA'S ENTIRE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO FIFTY DOLLARS ($50.00).
13. Third-Party Notices. Third party software provided by Ansca to you as a Corona Connect Member may be accompanied by its own licensing terms, in which case such licensing terms will govern your use of that particular third party software. Mention of third parties and third party products in any materials, advertising, promotions or coupons provided to you as a Corona Connect Member is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third party product specifications and descriptions are supplied by the respective vendor or supplier, and Ansca shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
14. Export Control. You may not use or otherwise export or re-export any Ansca Confidential Information received from Ansca except as authorized by United States law and the laws of the jurisdiction in which the Ansca Confidential Information was obtained. In particular, but without limitation, the Ansca Confidential Information may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By becoming a Corona Connect Member or using any Ansca Confidential Information, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use any Ansca Confidential Information for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
15. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. The parties further submit to and waive any objections to personal jurisdiction of and venue in any of the following forums: U.S. District Court for the Northern District of California, California Superior Court for Santa Clara County, Santa Clara County Municipal Court, or any other forum in Santa Clara County, for any disputes arising out of this Agreement.
16. Government End Users. Certain Ansca Confidential Information may be considered "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
17. Miscellaneous. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Ansca, and no single waiver will constitute a continuing or subsequent waiver. This Agreement will bind your successors but may not be assigned, in whole or part, by you without the written approval of an authorized representative of Ansca. Any non-conforming assignment shall be null and void. If any provision is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings regarding such subject matter. No addition to or removal or modification of any of the provisions of this Agreement will be binding upon Ansca unless made in writing and signed by an authorized representative of Ansca. The parties hereto confirm that they have requested that this Agreement and all attachments and related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
ANSCA INC.
CORONA DEVELOPER PROGRAM TERMS AND CONDITIONS
1. Relationship With Ansca Inc. (“Ansca”). You understand and agree that nothing in Ansca’s Corona Developer Program (CDP) creates a legal partnership or agency relationship between you and Ansca. Neither you nor Ansca is a partner, an agent or has any authority to bind the other. You agree not to represent otherwise.
2. Definitions.
"Developer Software" collectively means: (a) the SDK (defined below) and (b) the Applications (defined below) created and produced by the SDK, and includes any Updates to any of the foregoing that may be provided by Ansca via the Corona Developer Program.
"Application" means the software program that runs on an Ansca-supported device and that is produced by the SDK using source code, images, sounds, and other media produced by You in compliance with the Documentation (defined below) and the terms of this License, under Your own trademark or brand, and for specific use with Ansca-supported devices, including bug fixes, updates, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions of such software programs.
"Authorized Developers" means Your employees and contractors, members of Your organization or, if You are an educational institution, Your faculty and staff who (a) each have an active and valid account with Ansca, (b) have a demonstrable need to know or use the SDK in order to develop and test Applications, and (c) to the extent such individuals will have access to Ansca Confidential Information, each have written and binding agreements with You to protect the unauthorized use and disclosure of such Ansca and third party confidential information.
"SDK" (Software Development Kit) means the Documentation, software (source code and object code), Applications, sample or example code, simulator, tools, utilities, libraries, APIs, data, files, and other materials provided or made available by Ansca for use by You in connection with Your Application development whether on disk, on print or electronic documentation, in read only memory, on any other media, or made available on a server, and includes any Updates that may be provided or made available by Ansca.
"Documented API(s)" means the Application Programming Interface(s) documented by Ansca in published Ansca Documentation and which are contained in the SDK.
"Documentation" means any technical or other specifications or documentation that Ansca may make available or provide to You relating to or for use in
connection with the Developer Software.
"Updates" means bug fixes, updates, upgrades, modifications, enhancements, supplements, and new releases or versions of the Developer Software, or to any part of the Developer Software.
"You", "Your" and "Licensee" means and refers to the person(s) or legal entity using the Developer Software or otherwise exercising rights under this Agreement. If You are entering into this Agreement on behalf of Your company, organization or educational institution, "You" or "Your" refers to Your company, organization or educational institution as well.
3. Program Fees. As consideration for the rights and licenses granted to You under this Agreement and Your participation in the CDP, You agree to pay Ansca the requisite annual program fees as set forth on the Corona Developer Portal website. The fees are non-refundable. Any taxes that may be levied on the Ansca Software or Your use of it shall be Your responsibility. Your continued access to CDP Services (defined below) is subject to Your payment of such fees.
4. CDP Services. All services are subject to the Permitted License Uses and Restrictions (defined below).
A. Software Updates. If you have a current Basic Subscription to the Corona Developer Program, you may download such software updates as become available during the Term of your Subscription.
B. Device Builds. If you have a current Basic Subscription to the Corona Developer Program, you may create Applications using Ansca servers and Developer Software, subject to Section 5. If you are running the Software under a Trial Period, you may create Applications using Ansca servers and Developer Software, subject to section 5 with the exception that the Applications can only be executed on your own device and cannot be distributed. In addition, Applications produced during the Trial Period may contain information dialogs or other Trial Period notification.
5. Permitted License Uses and Restrictions.
A. Developer Software. You may install and use one copy of the SDK on one Authorized Computer at a time. Subject to the terms below, Ansca grants You a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Developer Software solely for the purpose of developing Applications for mobile phones and other software for mobile phones; (ii) to copy Developer Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies; and (iii) to market and distribute, directly or indirectly through distributors, Applications created with the Developer Software, provided that (a) You will not, and will not permit any third party to, modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any portion of the Application created by the SDK and (b) any Application created with the SDK is distributed to end users under an enforceable end-user license agreement containing at least the following minimum terms:
* Prohibition against distribution and copying.
* Prohibition against modifications and derivative works.
* Prohibition against decompiling, reverse engineering, disassembling, and otherwise reducing the software to a human-perceivable form.
* Provision indicating ownership of software by You and Your suppliers.
* Disclaimer of all applicable statutory warranties, to the full extent allowed by law.
* Limitation of liability not to exceed price of Your Product, and provision that sole remedy shall be a right of return and refund, if any, from You.
* Disclaimer of indirect, special, incidental, punitive, and consequential damages.
* Making Ansca a third-party beneficiary for purposes of enforcing its intellectual property rights or any disclaimers or limitations.
B. Sample Code. Certain portions of the Developer Software consist of sample or example code provided by Ansca ("Sample Code"). You may use, reproduce, modify and redistribute such Sample Code in accordance with the licensing terms accompanying such Sample Code or related project(s).
C. No Support Services. Ansca is under no obligation to support the Developer Software in any way or to provide any upgrades to You.
D. Restrictions. You shall not copy or use the Developer Software except as expressly permitted in this License. You will not, and will not permit any third party to, sublicense, rent, copy, modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any portion of the Developer Software. The Developer Software and all performance data and test results, including without limitation, benchmark test results (collectively "Performance Data"), relating to the Developer Software are the Confidential Information of Ansca, and will be treated in accordance with the terms of section 5 or under any obligation of confidentiality, whichever came first. Accordingly, You shall not publish or disclose to any third party any Performance Data relating to the Developer Software.
E. No Other Permitted Uses. Except as otherwise set forth in this Agreement, You agree not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the Developer Software, in whole or in part, or to enable others to do so. You may not use the Developer Software for any purpose not expressly permitted by this Agreement. You agree not to install, use or run the Developer Software in connection with devices other than Ansca-supported devices, or to enable others to do so. You may not and You agree not to, or to enable others to, copy (except as expressly permitted under this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of the Developer Software or any services provided by the Developer Software, 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 licensing terms governing use of Open Sourced Components or Sample Code included with the SDK). You agree not to exploit any services provided by the SDK in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. Any attempt to do so is a violation of the rights of Ansca and its licensors of the Developer Software or services provided by the Developer Software. If You breach any of the foregoing restrictions, You may be subject to prosecution and damages. All licenses not expressly granted in this Agreement are reserved and no other licenses, immunity or rights, express or implied are granted by Ansca, by implication, estoppel, or otherwise. This Agreement does not grant You any rights to use any trademarks, logos or service marks belonging to Ansca.
F. Other Restrictions. Except as and only to the extent expressly permitted by this License, by applicable licensing terms governing use of the Open Sourced Components or Sample Code, or to the extent that the following restrictions are prohibited by applicable law, You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the Developer Software, modify, decrypt, create derivative works of, incorporate into or compile in combination with Your own programs, sublicense or otherwise redistribute the Developer Software.
6. Your Obligations
A. General. You certify to Ansca and agree that:
(a) You are of the legal age of majority in the jurisdiction in which You reside (at least 18 years of age in many countries) and have the right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization or educational institution, that You have the right and authority to legally bind Your company, organization or educational institution to the terms and obligations of this Agreement;
(b) All information provided by You to Ansca or Your end users in connection with this Agreement or Your Application, including without limitation Licensed Application Information, will be current, true, accurate and complete and, with regard to information You provide to Ansca, You will promptly notify Ansca of any changes to such information;
(c) You will comply with the terms of and fulfill Your obligations under this Agreement and You agree to monitor and be responsible for Your Authorized Developers' use of the Developer Software and their compliance with the terms of this Agreement;
(d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You and Authorized Developers in connection with the Developer Software;
(e) You will not act in any manner which conflicts or interferes with any existing commitment or obligation. You may have and no agreement previously entered into by You will interfere with Your performance of Your obligations under this Agreement.
B. Requirements for Applications. Any Application developed using the SDK must meet all of the following criteria and requirements, as they may be modified by Ansca from time to time:
(a) APIs and Functionality:
* Applications may only use Documented APIs in the manner prescribed by Ansca and must not use or call any private APIs.
* An Application may not itself install or launch other executable code by any means.
* An Application may write data on a device only to the Application's designated container area, except as otherwise specified by Ansca.
(b) User Interface and Data: Any form of user or device data collection, or image, picture or voice capture or recording performed by the Application (collectively "Recordings"), and any form of user data, content or information processing, maintenance, uploading, syncing, or transmission performed by the Application (collectively "Transmissions") must comply with all applicable privacy laws and regulations as well as any Ansca program requirements related to such aspects, including but not limited to any notice or consent requirements. In particular, a reasonably conspicuous visual indicator must be
displayed to the user as part of the Application to indicate that a Recording is taking place.
(c) Location Services and User Privacy. For Applications that use location-based APIs, offer location-based services or functionality, or that collect, transmit, maintain, process, share, disclose or otherwise use a user's personal information:
* You and the Application must comply with all applicable privacy and data collection laws and regulations with respect to any collection, transmission,
maintenance, processing, use, etc. of the user's location data or personal information by the Application.
* Applications may not be designed or marketed for the purpose of harassing, abusing, stalking, threatening or otherwise violating the legal rights (such
as the rights of privacy and publicity) of others.
* For Applications that use location-based APIs, such Applications may not be designed or marketed for real time route guidance; automatic or
autonomous control of vehicles, aircraft, or other mechanical devices; dispatch or fleet management; or emergency or life-saving purposes.
* Applications may not use any robot, spider, site search or other retrieval application or device to scrape, retrieve or index services provided by Ansca or
its licensors, or to collect information about users for any unauthorized purpose.
* Applications that offer location-based services or functionality must notify and obtain consent from an individual before his or her location data is
being collected, transmitted or otherwise used by the Application.
(d) Content and Materials:
* Any master recordings and musical compositions embodied in Your Application must be wholly-owned by You or licensed to You on a fully paid
up basis and in a manner that will not require the payment of any fees, royalties and/or sums by Ansca to You or any third party. In addition, if Your
Application will be distributed outside of the United States, any master recordings and musical compositions embodied in Your Application (a) must not
fall within the repertoire of any mechanical or performing/communication rights collecting or licensing organization now or in the future and (b) if
licensed, must be exclusively licensed to You for Your Application by each applicable copyright owner.
* If Your Application includes or will include any other content, You must either own all such content or have permission from the content owner to
use it in Your Application.
* Applications must not contain any malware, malicious or harmful code, program, or other internal component (e.g. computer viruses, trojan
horses, "backdoors") which could damage, destroy, or adversely affect other software, firmware, hardware, data, systems, services, or networks.
7. Use Of Ansca Trademarks, Logos, etc. You agree not to use the marks “Ansca,” “Corona,” and the Ansca Logo or any other marks belonging or licensed to Ansca in any way except as expressly authorized by Ansca. You agree that all goodwill arising out of your authorized use of Ansca’s marks shall inure to the benefit of and belong to Ansca.
8. Transfer Of Membership Benefits And Materials. Except as otherwise prohibited herein, the benefits and materials, including but not limited to seed keys, seed DVDs, and pre-release software (collectively “CDP Materials”), provided to you as a CDP member may be transferred only to employees and contractors working for the same entity as you who have an existing CDP membership. You agree that you will not otherwise transfer, publish, copy, or disseminate such CDP Materials.
9. Corona Developer Portal ID And Password. The ID and password you use to log into the Corona Developer Portal and for device build authentication with the Ansca servers is for your use only. You agree that you will not share such information with anyone.
10. No Warranty. You understand that all CDP Materials and any CDP Paid Content (defined below) provided to you by Ansca are supplied “AS IS” AND WITHOUT ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THEIR PERFORMANCE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT. To the extent that Ansca makes available any products or product information, you understand that Ansca is under no obligation to provide updates, enhancements, or corrections, or to notify you of any product changes that Ansca may make, or to publicly announce or introduce the product(s) at any time in the future.
11. No Service Level Guarantee. Certain Corona SDK features, including but not limited to the compilation of iPhone device builds, require communication with Ansca servers for full functionality. We offer no Service Level guarantee or Service Level Agreement (SLA) given the possibility of external Internet connectivity issues beyond our control.
12. Confidential Information. You agree that all information disclosed by Ansca to you that relates to Ansca’s products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third-party confidential information, will be considered and referred to collectively as “Confidential Information.” Confidential Information, however, does not include: (a) information that Ansca makes generally available to the public; (b) information that you can demonstrate to have had rightfully in your possession prior to disclosure to you by Ansca; (c) information that is independently developed by you without the use of any Confidential Information; (d) information that you rightfully obtain from a third party who has been given the right to transfer or disclose it by Ansca; or (e) any third party software and/or documentation provided by Ansca and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation, for example, software governed by open source licensing. You agree not to disclose, publish, or disseminate Confidential Information to anyone other than those employees and contractors working for the same entity as you who have an existing CDP membership and then only to the extent that such disclosure is not otherwise prohibited herein. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. You agree not to use Confidential Information otherwise for your own or any third party’s benefit without the prior written approval of an authorized representative of Ansca in each instance.
13. Ansca Pre-Release Software. You understand that Ansca may make pre-release versions of Ansca software available to you as an CDP member. If you receive pre-release Ansca software, you agree to also be bound by the terms and conditions set forth in the attached Prototype License and Confidentiality Agreement. You certify that pre-release software will only be used for testing and development purposes, and will not be rented, sold, leased, sublicensed, assigned, or otherwise transferred (except as provided in Section 3 above).
14. CDP Paid Content License. As an CDP member you may have access to certain proprietary video recordings, audio recordings, presentations, documentation and other materials that Ansca may make available to you as an CDP member from time to time for an additional fee (“CDP Paid Content”). All CDP Paid Content shall be considered the Confidential Information of Ansca. Subject to these terms and conditions, Ansca grants you a personal and nontransferable license to access and use the CDP Paid Content; provided that you may only download one (1) copy of the CDP Paid Content and such download must be completed within the time period specified by Ansca for such download. Except as expressly permitted by Ansca, you shall not modify, translate, reproduce, distribute, or create derivative works of the CDP Paid Content or any part thereof. You shall not rent, lease, lend, sublicense, assign or otherwise transfer any rights in the CDP Paid Content. Ansca and/or Ansca’s licensor(s) retain ownership of the CDP Paid Content itself and any copies or portions thereof. The CDP Paid Content is licensed, not sold, to you by Ansca for use only under the CDP Terms and Conditions, and Ansca reserves all rights not expressly granted to you. Your rights under this license will terminate automatically without notice from Ansca if you fail to comply with any of the above terms and conditions.
15. Third-Party Software & Information. Third party software provided by Ansca to you under the CDP program may be accompanied by its own licensing terms, in which case such licensing terms will govern your use of that particular third party software. For example, MIT-licensed components provided to you by Ansca are covered by the MIT License and not by this Agreement. Mention of third parties and third party products in any materials, advertising, promotions or coupons provided to program members is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third party product specifications and descriptions are supplied by the respective vendor or supplier, and Ansca shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
16. Export Control. You may not use or otherwise export or re-export the Ansca Software or Confidential Information received from Ansca except as authorized by United States law and the laws of the jurisdiction in which the Ansca Software was obtained. In particular, but without limitation, the Ansca Software and Confidential Information may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Ansca Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
17. Terms. You understand that Ansca reserves the right to modify the terms, conditions, and policies of its developer programs at any time without notice, and to suspend and/or terminate your membership in any or all such programs at any time. In the event of a change to this Agreement, in order to continue using the Ansca Software or any services, You must accept and agree to the new Program Requirements and/or new terms of this Agreement. If You do not agree to new Program Requirements or new terms, Your use of the Ansca Software and any services will be suspended or terminated by Ansca. You agree that Your acceptance of such new Agreement terms or Program Requirements may be signified electronically, including without limitation, by Your checking a box or clicking on an “agree” or similar button. No refund or partial refund of any CDP annual fee or any other CDP fees will be made for any reason. In addition, you will be receiving Ansca communications from time to time. Such communications may be in the form of phone calls and/or emails and may include, but not be limited to marketing materials, technical information, and updates and/or changes regarding your membership. By agreeing to these CDP Terms and Conditions, you hereby agree to receive such communications.
18. Revocation. You understand and agree that Ansca may cease Your ability to create Applications or other software using the SDK at any time. By way of example only, Ansca might choose to do this if at any time:
(a) Ansca has been notified or otherwise has reason to believe that Your Application violates, misappropriates, or infringes the rights of a third party or of Ansca;
(b) Ansca has reason to believe that You have or will create Applications using the SDK that contain malicious or harmful code, malware, programs or other internal components (e.g. software virus);
(c) Ansca has reason to believe that Your application damages, corrupts, degrades, destroys or otherwise adversely affects the devices it operates on, or any
other software, firmware, hardware, data, systems, or networks accessed or used by the application;
(d) You breach any term or condition of this License;
(e) Any information or documents provided by You to Ansca for the purpose of verifying Your identity or obtaining Ansca-issued digital certificates is false or inaccurate;
(f) Any representation, warranty or certification provided by You to Ansca in this License is untrue or inaccurate;
(g) Ansca is required by law, regulation or other governmental or court order to take such action;
(h) Ansca has reason to believe that such action is prudent or necessary.
19. Ansca Independent Development. You understand and agree that Ansca may acquire, license, develop for itself or have others develop for it, and market and/or distribute similar hardware or software to that which you may develop. In the absence of a separate written agreement to the contrary, Ansca will be free to use any information you provide to Ansca for any purpose, subject to any applicable patents or copyrights.
20. Disclaimer of Liability. UNDER NO CIRCUMSTANCES SHALL ANSCA BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM DELAY OF DELIVERY OR FROM LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, ON ANY THEORY OF LIABILITY, WHETHER ARISING UNDER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WHETHER OR NOT ANSCA HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. ANSCA’S ENTIRE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT IS LIMITED TO THE GREATER OF FIFTY DOLLARS ($50.00) OR THE AMOUNT YOU PAID FOR YOUR CDP SUBSCRIPTION.
21. Term of Subscription and Trial. If you have a Basic Subscription to the Corona Developer Program, the Term of your Subscription shall extend until the one (1) year anniversary of the original purchase date of Your Corona Developer Program subscription (“Effective Date”), unless sooner terminated in accordance with this Agreement. The Term of your free trial period (“Trial Period”), if any, shall extend for thirty (30) days from the original activation date of the Trial Software. Multiple Trial Periods of the Software on the same computer and/or by the same person are not permitted.
22. Governing Law. This Agreement (including all attachments) will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. The parties further submit to and waive any objections to personal jurisdiction of and venue in any of the following forums: U.S. District Court for the Northern District of California, California Superior Court for Santa Clara County, Santa Clara County Municipal Court, or any other forum in Santa Clara County, for any litigation arising out of this Agreement. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
23. Survival. Sections 1, 2, 3, 4, 5, 6 and 10 through 20 shall survive any termination or expiration of this Agreement.
24. Agreement in English. The parties hereto confirm that they have requested that this Agreement and all attachments and related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
25. No Waiver or Assignment. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Ansca, and no single waiver will constitute a continuing or subsequent waiver. This Agreement will bind your successors but may not be assigned, in whole or part, by you without the written approval of an authorized representative of Ansca. Any non-conforming assignment shall be null and void.
26. Complete Agreement. This Agreement (including all attachments) constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings regarding such subject matter. No addition to or removal or modification of any of the provisions of this Agreement or the attachments will be binding upon Ansca unless made in writing and signed by an authorized representative of Ansca.
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