The following constitutes the terms & conditions governing the usage of the OMTP PRODUCT PROFILE DATABASE.
These terms & conditions cover the usage of the database by members and participants of OMTP Ltd. as well as the usage by external users of the database.
This agreement is an agreement in addition to the existing relationship between OMTP Ltd. and any member or participant of OMTP Ltd. and does not replace or alter any of the basic rights and obligations in the OMTP membership or participation agreements.
1. DEFINITIONS USED IN THESE TERMS & CONDITIONS
1.1. "USER” shall mean any individual user of the database.
1.2. "EFFECTIVE DATE" shall mean the date on which the USER clicks the "I ACCEPT" button at the bottom of this page.
1.3. "OMTP PRODUCT PROFILE DATABASE" shall mean the database provided by OMTP Ltd. to USERS.
1.5. “OMTP PRODUCT PROFILE CHALLENGE” shall mean the automated process to support challenges to Conformance Statements filed at the OMTP PRODUCT PROFILE DATABASE.
2. RIGHTS OF USERS
2.1. Members and participants of OMTP Ltd.
“OMTP Users” are individuals employed or otherwise contractually linked to existing registered members or participants of OMTP Ltd.
OMTP Users have – provided that they are authorized by their companies - the right to file Product Profiles statements and to challenge filed Product Profiles statements.
2.2. External Users
“External Users” are individuals not employed or otherwise contractually linked to existing registered members or participants of OMTP Ltd.
External Users have the right to file up to 10 OMTP Product Profile Statements per OMTP Membership Year; except in responding to Challenges against their Statements, they have no right to file OMTP Product Profile Challenges,
3. ACCEPTANCE
3.1. Any User must accept these terms & conditions as described in this paragraph.
3.2. All Users have to accept explicitly the terms & conditions by clicking on the box at the bottom of this page labeled:
"I ACCEPT"
at which time this agreement shall become effective and the Users email address shall be validated. Once email validation is complete the User will be provided with access to the database.
3.3. By clicking the “I ACCEPT” button, or by accessing the OMTP PRODUCT PROFILE DATABASE any User takes affirmative action to signify that he/she is entering into a legal agreement and is agreeing to be bound by its terms & conditions.
3.4. OMTP Ltd. is willing to be bound to this Agreement and provide access and usage to the User, even without its signature, ONLY if the User accepts these terms & conditions in their entirety.
3.5. If the User does not agree to the terms & conditions of this agreement, he/she should click on the box below labeled:
"I DO NOT ACCEPT"
at which point the User shall be returned to the prior webpage and this agreement will not become effective.
4. The OMTP PRODUCT PROFILE DATABASE.
4.1. Subject to the terms and conditions herein, and upon acceptance of this Agreement OMTP Ltd. shall grant to the User access to the OMTP PRODUCT PROFILE DATABASE and provide any service for which the User qualifies.
4.2. The User is responsible for all its own costs (including, without limitation, internet access, hardware and software necessary to access the database) and access security associated with the access.
4.3. The OMTP PRODUCT PROFILE DATABASE may be used solely for the purposes of the database and information and exchange of related data and documents.
4.4. The User may not
(i) permit any unauthorized User to gain access to the OMTP PRODUCT PROFILE DATABASE through the User’s account,
(ii) change data held in the database without authorization,
(iii) modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on any software provided, or otherwise utilized, by OMTP Ltd. in performing the database services.
4.5. Use of the OMTP PRODUCT PROFILE DATABASE is subject to OMTP Ltd.’s Privacy Policy that is accessible from the OMTP Ltd. Web Site or will be provided to the User on written request to OMTP Ltd. at Marble Arch Tower, 55 Bryanston Street, London W1H 7AJ, UK, attn: General Counsel.
5. Database Access Fees
5.1. OMTP Users shall pay no additional fees other than the annual membership or participation fees.
5.2. External Users shall not be required to pay any fee for accessing the database.
6. Maintenance and Support.
6.1. During the term of this Agreement, OMTP Ltd. shall,
(i) provide e-mail support for the OMTP PRODUCT PROFILE DATABASE, on a reasonable basis, during OMTP Ltd.'s normal business hours; and
(ii) provide changes or additions to the database designed to correct or remedy any defect as described in 6.2.
6.2. OMTP Ltd. shall not provide technical support for or be required to correct any defect based upon
(i) the use of the database in connection with or in combination with any hardware, software or data not intended for use with the product profiles;
(ii) the use of the database other than as permitted under this Agreement or in a manner for which the database is not intended; or
(iii) the User’s continued use of the database after OMTP Ltd. has advised the User to cease the use of the database.
7. Database services to OMTP Users
7.1. OMTP Ltd. will facilitate the Product Profile process by offering appropriate interfaces and portal technologies, and maintain the process, keep it up to date and the database in order, and maintain the requirement documents and work towards defined targets for clear, unambiguous and usable documentation.
7.2. All processes will be documented in the OMTP Conformance Process Description, which is accessible on the website: www.omtp.org/conformance
7.3. Following the OMTP Conformance Process Description any OMTP User at any time
(i) may make OMTP Product Profile statements in the database at component technology, platform or device level stated against Approved OMTP recommendations, and
(ii) may file challenges to published Product Profile statements.
7.4. Following the OMTP Conformance Process Description any EXTERNAL USER at any time
(i) may make up to 10 OMTP Product Profile Statements in the database at component technology, platform or device level stated against Approved OMTP recommendations per OMTP membership Year, and
(ii) respond to challenges published against the EXTERNAL USERS Product Profile Statements
At no time shall OMTP look into any justification of any claimed conformance or take any position in favour of any product or technology.
7.5. OMTP PROFILE STATEMENTS of EXTERNAL USERS will be removed automatically every 12 months; the same applies to OMTP PROFILE STATEMENTS and CHALLENGES of OMTP Members or Participants if they leave OMTP.
8. Title and Ownership
Any content relating to the filed Product Profiles or challenges is owned by the submitting party.
OMTP Ltd. shall retain title and all ownership and intellectual property rights relating to the OMTP PRODUCT PROFILE DATABASE as a process.
9. Confidentiality.
9.1. OMTP Ltd. acknowledges that the information, transmitted by the User utilizing the database may include information that is confidential and proprietary to the User or the member or participant of OMTP Ltd.
9.2. Each party agrees that such Confidential Information shall be held in confidence and shall only be used for the purposes set forth in this Agreement or the Privacy Policy and providing the database services.
10. Limited Warranty; Limitation of Liability.
10.1. OMTP LTD. WARRANTS, SOLELY FOR THE BENEFIT OF THE USER, THAT DURING THE TERM OF THIS AGREEMENT THE CONFORMANCE SERVICES SHALL CONTAIN NO ERROR OR DEFECT THAT CAUSES THE SERVICES TO FAIL, IN ANY MATERIAL RESPECT, TO CONFORM TO THE APPLICABLE SPECIFICATIONS PROVIDED BY OMTP LTD. IN ADDITION, OMTP LTD. WARRANTS THAT IT IS THE OWNER OR LICENSEE OF THE SOFTWARE, THAT IT HAS THE AUTHORITY TO CONVEY THE LICENSE HEREIN GRANTED, AND THAT THE USER'S USE OF SUCH SOFTWARE WILL NOT INFRINGE ANY THIRD-PARTY RIGHTS OR COPYRIGHTS.
10.2. EXCEPT AS OTHERWISE SPECIFICALLY STATED IN SECTION 9 ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMTP LTD. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND TITLE. OMTP LTD. DOES NOT WARRANT THAT THE USER'S ACCESS TO THE OMTP PRODUCT PROFILE DATABASE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES PROVIDED BY OMTP LTD. WILL MEET USER'S REQUIREMENTS OR PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, OR THAT THERE SHALL BE NO INACCURACY IN THE INFORMATIONAL CONTENT OF ANY DATA, DOCUMENTS OR OTHER INFORMATION TRANSMITTED OR PROCESSED PURSUANT TO THIS AGREEMENT.
10.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OMTP LTD. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE SERVICES, EVEN IF OMTP LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.4. OMTP LTD. SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO SERVICE INTERRUPTIONS, LOST, ALTERED OR INACCURATE MESSAGES OR TRANSMISSIONS; INTEROPERABILITY, INTERACTION OR INTERCONNECTION PROBLEMS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF USER'S OR THIRD PARTY'S APPLICATIONS, CONTENTS, DATA, PROGRAMS, INFORMATION, OMTP PRODUCT PROFILE DATABASE OR SYSTEMS.
10.5. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT DAMAGES WERE FORESEEABLE.
10.6. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDIES PROVIDED IN THIS AGREEMENT.
11. Termination
This Agreement, and the User’s rights to use the database will terminate automatically and immediately without notice from OMTP Ltd. if the User fails to
(i) comply with any provision of this Agreement,
(ii) misuses the databases services for other purposes than filing or reading product profile statements and/or challenges, or
(iii) pay any due membership or participation fees or access fees if applicable according to this agreement.
The provisions of Sections 8 (Title and Ownership), 9 (Confidentiality) and 10 (Limited Warranty; Limitation of Liability), shall survive any expiration or termination of this Agreement for any reason. Any statements made until that time shall be migrated to the archive and shall remain available to Users.
12. General
This Agreement contains the complete agreement and supersedes all prior agreements and representations between the User and OMTP Ltd. concerning the subject matter hereof and may be amended or supplemented from time to time by an agreement between the parties.
If any provision (or part thereof) of this Agreement is held to be unenforceable for any reason, such provision (or part thereof) shall be reformed only to the extent necessary to make it enforceable.
This Agreement is governed by the laws of the United Kingdom and Wales.