Terms & Conditions of use

1. Introduction

The Symbian web sites (including the web sites at the following uniform resource locators: http://www.symbian.com/ , https://www.symbiansigned.com/app/page and http://www.symbiansmartphoneshow.com/2006/ together with all related discussion forums, directories and databases) (the "web sites") are offered by Symbian Software Limited (a company registered in England and Wales with registered number 4190020) (referred to as "Symbian", "we" or "our") whose registered office is at 2-6 Boundary Row, Southwark, London, SE1 8HP, UK. The Symbian privacy policy explains how we use the information we collect about you. Your use of the web sites constitutes your agreement to these terms and conditions ("Website Terms") as well as any other specific terms and conditions contained on the web sites relating to particular pages, including the Interactive Services Terms and Conditions of Use (collectively, "Terms of Use"). If you do not agree to these Terms of Use, please refrain from using the sites.

2. Services

Symbian 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 "Symbian Community"). The web sites also include details about the Symbian 32 bit operating system and the Symbian Developer Network, and include authorised access to interactive discussion forums, wikis, 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 Website Terms as the "Services". We may suspend access to the Services at any time (including for the purposes of maintenance and amendment) without liability to you.

3. Membership and personal use limitation

Access to and use of some of the web sites are available only to members using passwords and usernames allocated to them upon receipt of a completed registration form. For further information about such schemes please send an e-mail to webmaster@symbian.com. The use of these sites is covered by the Interactive Terms http://developer.symbian.com/register.

4. Content

Symbian makes no 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. Symbian 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 and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

While we attempt to ensure that the Content is accurate, we cannot guarantee that it will always be fault-free or up to date. The Content could include technical inaccuracies, typographical errors or out of date material. We endeavour to correct errors and omissions as quickly as practicable. We do not accept liability for any such errors and omissions, or any out of date material. Commentary and other materials posted on the web sites 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.

Further, Symbian does not warrant that you will have uninterrupted use of the web sites or that the web sites will be free from viruses, corrupted data, trojans, logic bombs worms, defects or other code that manifests contaminating or destructive properties, or that your use of the web sites will not damage your computer.

Changes are regularly made to the Content. Symbian may make improvements and/or changes to the Services and/or the Content at any time without notice.

5. Your warranty to us and your use of our web sites

You will not use the web sites for any purpose that is prohibited by the Terms of Use. 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 and our affiliates, 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 these Website Terms or your use of the web sites. For the purposes of this section, references to "your use" of the web sites shall be deemed to include any use by a third party where such third party accesses the web sites using your computer.

You must not improperly or without authorisation use, modify, or hack into the web sites, or attempt to interfere with or decipher any transmissions to or from the server running the web sites. You must not knowingly introduce viruses, corrupted data, trojans, worms, logic bombs or other material that is malicious or technologically harmful. We will report any such breach to the relevant law enforcement authorities and will as part of our co-operation with those authorities provide them with any identifying information that we may have that relates to you.

All links to the web sites must be approved in writing by Symbian prior to the creation of the link, except that Symbian consents to links in which: (i) the link is a text-only link containing only the URL "http://www.symbian.com"; (ii) the link "points" the user directly to the home page only and not to pages accessible from the home page; (iii) the link, when activated by a user, displays this page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked site; and (iv) the appearance, position, and other aspects of the link do not create the false appearance that an entity or its activities or products are associated with or sponsored by Symbian nor damage or dilute the goodwill associated with the name and trade marks of Symbian or its affiliates. Symbian reserves the right to revoke this consent to link at any time at its sole discretion.

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, nor do we limit any other liability that cannot be excluded or limited under applicable law.

In no event will Symbian be liable for any direct, special, indirect or consequential damages or any damages whatsoever (including those resulting from loss of use, data, goodwill, income, revenue, business, contracts, anticipated savings or profits), whether in an action for breach of contract, negligence or other tortious action, arising out of or in connection with the use of Content available from the web sites, the performance of software, or the provision of or failure to provide Services, even if foreseeable or we are expressly advised of the possibility of such damages.

We have the right without liability to change descriptions and specifications in relation to the Services.

You are responsible for making all arrangements necessary for you to have access to the web sites, and for ensuring that all persons who can access the web sites through your internet connection are aware of the Terms of Use, and comply with them.

7. Goods and 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 Symbian Community and we accept no responsibility or liability whatsoever for any direct or indirect cost, claim, loss, injury, damage, delay, 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 fulfilment of your contract and make no warranty as to the fitness for purpose or satisfactory quality of any goods or services purchased from third parties. 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 endeavour to ensure that such problems are resolved, we are not responsible for any aspect of the relationship between you and the supplier.

8. Third party links

The web sites contain links to third party web sites, including but not limited to members of the Symbian 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 Website Terms conflict with the terms of use or other terms and guidelines contained within a third party web site, then these Website Terms will prevail.

Symbian makes no representations whatsoever 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 Symbian, and that Symbian has no control over any content on that web site. In addition, a link to a third party web site does not mean that Symbian 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 Symbian 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 hypertextlinked 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 familiarise 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.

9. 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.

10. Modification of these Website Terms

We reserve the right to change these Website Terms at any time without cause. Such changes will become effective as soon as they are posted on the web site and by continuing to use the web site following such changes you will be deemed to have accepted such changes.

11. Intellectual property and copyright

All intellectual property rights (including 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, and owned by or licensed to, Symbian, or are otherwise used by Symbian as permitted by the copyright owner, or by any applicable law.

Other than as set out in paragraph 12 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 12 below or as necessary to access the web sites, you are not permitted to copy, broadcast, sell, lease, download, store (in any medium), transmit, distribute, show or play in public, reverse engineer, perform, reproduce, publish, license, create derivative works from, modify, adapt or change in any way any Content (whether in digital or printed form) for any other purpose whatsoever without the express written authorisation of Symbian.

If you submit any material or comments to the websites or by email to Symbian ("Submissions"), (other than to those sites governed by the Interactive Terms) the following conditions apply:

a) By posting a Submission, you grant Symbian a perpetual, non-exclusive, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and make available to the public that Submission without restriction, including for the purposes of the Services, for internal purposes and for commercial purposes. You acknowledge that Symbian may at its discretion contact you using your registration details to discuss any Submissions with you further.

b) You should not upload any material or ideas that you wish to keep confidential. All Submissions are non-confidential. Any other information that you otherwise provide to Symbian will be treated as non-confidential unless received by Symbian in accordance with a formal written confidentiality agreement between Symbian and you. Please contact Symbian by email at SDN@symbian.com if you wish to discuss any such material or ideas.

c) You waive any "moral rights" that you may hold in respect of your Submissions.

12. Downloads and Image Library

You may download tools, code and applications from the web sites provided that you agree to the terms of any licensing agreements accompanying those downloads on the web sites. The downloading of software development kits is governed by any terms of use and licenses contained on the relevant website. Certain third party software, and links to the download of such software, may be made available on the web sites. Symbian is in no way responsible for this software. It makes no warranty or representation regarding, and does not endorse, the software.

Journalists, analysts and press agencies may publish one or more of the images contained within the image library on http://www.symbian.com/ for non-commercial, reporting purposes only provided that:

(1) you comply with the Trade Mark Guidelines where applicable;

(2) you do not permit any third party to copy, broadcast, download, store (in any medium), transmit, show or play in public, reproduce, publish, create derivative works from, adapt, modify, or change in any way the image;

(3) you include the following acknowledgements adjacent to each image "© 2006 Symbian Software Ltd or its Licensors.";

(4) you do not use the image in any way which disparages, or is derogatory or damaging to, Symbian, its customers or licensors, their products or services, or any Content; that infringes the intellectual property rights of Symbian, its customers or licensors or any other of their rights; or violates any applicable law;

(5) you do not display the image in any manner that implies endorsement, sponsorship, or license by Symbian;

(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, colour, proportions, size, etc.)

Other than as set out in the Terms of Use, you may only use Content with the prior written consent of Symbian.

12. Trade Mark Guidelines

The trade marks used on the web sites are proprietary to Symbian or its partners. You may not use or reproduce any of these trade marks, except as otherwise expressly permitted in writing by the trade mark owner, or as permitted in accordance with the Symbian Trade Mark Guidelines as updated from time to time, located at http://www.symbian.com/about/terms/trademarks/trademarks.html.

13. General

The Content is only for information purposes. By permitting the use of the web site, 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 Symbian Community or their services or products, or to any material submitted by any member of the Symbian 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.

Certain parts of the web sites may be governed by specific rules and/or terms of use (such as the Wiki and Discussion Forum, which are governed by the Interactive Terms), which you should read and accept before visiting the pages concerned. In the case of any conflict between those specific terms and these Website Terms, the specific terms shall prevail in respect of your use of those parts of the web sites.

If you are concerned about any of the material that appears on the web sites, or otherwise have any queries or comments, please contact Symbian at webmaster@symbian.com.

14. Governing Law and Other

a) These Website Terms are governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the English courts.

b) The failure by Symbian to exercise or enforce any right or provision of these Website Terms shall not operate as a waiver of any such right or provision.

c) If any provision of these Website Terms is unlawful, void or unenforceable, that provision is deemed severable from these Website Terms and will not affect the validity or enforceability of the remaining provisions.

d) The Website Terms will apply to each use of the web sites by you and the provisions of clauses 4 to 14 shall continue after termination of your use of the web sites.