Published date: 15 May 2017

Effective date: 25 May 2017

Welcome to our website www.open-ecosystem.org (the “Site”). 

The Site is provided by Nokia Corporation (which may be referred to in these Terms of Use as “we,” “us” or “our”).  

Before your use of this Site, please review these Terms of Use. By using this Site, YOU acknowledge that you have read, understand, ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE, AND THESE TERMS OF USE WILL APPLY TO YOU AND WILL CONSTITUTE A BINDING LEGAL CONTRACT BETWEEN YOU AND US.  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, DO NOT USE THE SITE. 

We may need to modify these Terms of Use from time to time. We will notify you of changes to these Terms of Use through posting the amended terms on the Site before the effective date of the changes.  If you do not agree with the updated Terms of Use, you should discontinue your use of the Site.  If you continue using the Site after the updated Terms of Use take effect, you will be bound by the updated Terms of Use. 

When you register to the Site or use the Site, you represent and warrant that: (a) you are of sufficient legal age and have legal capacity to legally agree to the terms and conditions included in these Terms of Use; (b) if you register to this Site on behalf of a legal entity, you represent and warrant to have full authority to bind such entity by these Terms of Use, (c) you own all right, title and interest in any information, idea, comment, feedback, suggestion, material or software program (“User’s Material”) posted or submitted in connection with the use of this Site or have full authority to post or submit on behalf of the owner of the User’s Material under these Terms of Use (d) any User’s Material submitted or otherwise provided by you in connection with the use of this Site will not contain anything that is unlawful, vulgar, inflammatory or pornographic (e) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any User’s Material to us in connection with the use of the Site, and (f) you will provide User’s Material and use the Site in compliance with applicable law, including export and re-export control laws and regulations. We reserve the right, but do not undertake the obligation to monitor or review your use of the Site for violations of these Terms of Use. 

Upon your registration to the Site, you agree: (a) to provide true, accurate, current and complete information about yourself and the legal entity you act on behalf of (if any) (“Registration Data”) as prompted by the Site’s registration process; (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) not to use the name of another person (or legal entity as applicable) with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.  If you register through the Site, you will be required to create a user ID and password that will be associated with your user account.  You may not: (i) select or use an identity of another person with the intent to impersonate that person; (ii) use as an identity a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as an identity a name that is otherwise offensive, vulgar or obscene.  We reserve the right to refuse registration of, or to cancel, a user ID, in our sole discretion and at any time. You shall be responsible for maintaining the confidentiality of your user ID and password.  
 

You are solely responsible for your interaction with other users of the Site. Exercise common sense and your best judgment when interacting with others, including when you submit or post User’s Material or any personal or other information to others.

You can deactivate your account anytime by logging into your account on the Site and click on the account cancelation button.

We may terminate or suspend access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Please read our Privacy Policy and Cookies Policy to understand how we use Registration Data and other information we collect from you when you access, visit or use the Site.  The Privacy Policy and Cookies Policy is part of and is governed by these Terms of Use, and by accepting these Terms of Use, you agree that we may use Registration Data and other information collected from you in accordance with the terms of the Privacy Policy, Cookies Policy and these Terms of Use. 

We respect the intellectual property rights of third parties and we do not claim ownership of any User’s Material that you post on or through the Site. The ownership of all intellectual property rights to User’s Material posted on or through the Site remains vested with you.

If the Site includes chat functionality or other mechanism for users to communicate directly with each other or to create a private group, we do not guarantee that those communications or information exchanged in those groups are or will remain private.

Please note that User’s Material will be deemed NOT to be confidential. More specifically, we do not automatically accept, consider as confidential or keep secret any User’s Material and you agree that no confidential relationship or obligation of secrecy is established between us and you with respect to User’s Material. If you desire to submit any User’s Material to us that you want to keep confidential and we decide that we would like to obtain such User’s Material, we must first agree on the scope of the User’s Material to be considered as confidential, the time period for any confidentiality obligations, and any other mutually agreeable terms and conditions thereof. 

Unless otherwise stated in the Supplements (as defined below) or agreed separately between you and us, by providing User’s Material to us or posting it on or through the Site, you grant to us the right (i) to store, to transmit and to publish; (ii) to use your User’s Material to evaluate a potential for a business relationship with us and make necessary reproductions and copies to carry out the purposes set forth herein; and (iii) following successful evaluation and our decision (which may be made public by us on the Site) to enter into a business relationship with you regarding the User’s Material submitted to us in response to a project or a challenge on terms that are mutually agreed.

Any content of the Site, including but not limited to data, technical and/or commercial information, libraries, articles, software, roadmaps, excerpts and other materials that are made available by us for you to read, download, access, or for other use through this Site (“Valued Assets”) are owned by us or licensed to us by our licensors and are subject to copyright and other intellectual property rights protection. 

If you have been granted access to Valued Assets on the Site, subject to restricted access regime, typically identified as, but not limited to, “Private”, “Confidential”, “Restrictive” (“Restricted Valued Assets”) you agree to (i) keep confidential and not to disclose Restricted Valued Assets to any third party; and (ii)  restrict the use of Restricted Valued Assets solely for the purpose for which such assets have been made accessible to you by the owner of the Restricted Valued Assets and if no such purpose has been defined, then for the purpose of mutual benefit of you and the owner of the Restricted Valued Assets.

If you create or enter a group of users operating under a restricted access regime on the Site, typically identified as, but not limited to “Private” (“Private Group”) you agree to (i) maintain the confidentiality of communications held within such Private Group, and (ii) restrict the use of such communications solely for the purpose for which they have been provided to you in a Private Group, and, if no such purpose has been defined, then for the purpose of mutual benefit of members of the Private Group.

Reproduction, transfer, distribution or storage of part or all of Valued Assets and other content of the Site in any form and outside of the Site without prior permission of Valued Assets’ owner is prohibited. We consent to you using Valued Assets, browsing the Site on your computer or printing copies of extracts from the Site for your personal use only. Unless otherwise stated in a Supplement, the use of Valued Assets and other content of the Site authorized under these Terms of Use shall be non-commercial in nature, and you may not sell the Valued Assets, their derivatives, or other content you access on or through this Site. All other use of Valued Assets, their derivatives, and other content of the Site is prohibited. 

Notwithstanding the foregoing, your use of open source software contained in Valued Assets (including but not limited to your creation of any modification, enhancement, contribution or derivative of such open source software) will be exclusively governed by attached or otherwise indicated terms, conditions, and notices in such open source software.

Your failure to comply with the terms on this Site (including the provisions of these Terms of Use) will result in automatic termination of any rights granted to you under these Terms of Use and any other terms on this Site, without prior notice, and you must immediately cease to exploit and destroy all copies of downloaded Valued Assets in your possession, custody or control and request the same from any third parties to which you have made Valued Assets available. 

These Terms of Use may be supplemented by additional specific terms of use (“Supplements”) containing terms and conditions that govern the specific relationship between you and us with respect to your obligations regarding access and use of specific Valued Assets and/or User’s Material.  In the event of discrepancy between these Terms of Use and Supplements, the provisions of Supplements shall prevail. We reserve the right to restrict access to specific Valued Assets and/or User’s Material to specific user(s) or groups of users.

All content on the Site is copyrighted by Nokia. Any rights not expressly granted herein are reserved. Nokia is a registered trademark of Nokia Corporation. Other product and company names mentioned herein may be trademarks or trade names of their respective owners. Unless a specific right is explicitly granted to you your access to any of the content of the Site or your use of this Site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property rights, including but not limited to marks appearing on the Site. You must observe and follow any proprietary notices or legends contained in the Site on Valued Assets or on any materials to which you have access when using the Site. You must retain on permitted copies, all trademark, copyright and other proprietary notices contained in and on Valued Assets or other content of the Site.  You may not make any press releases with regard the content or use of the Site. You further agree not to access the Site by any means other than through the interface that we provide.

We do not and cannot review the content (including but not limited to User’s Material) posted by users on the Site and we are not responsible for such content. You are solely responsible for your conduct and any User’s Material that you submit, post or display on or via the Site.

For your easy accessibility, we may include links to sites on the Internet or Intranet other than Site. By linking to any such other site, you shall review and agree to that site's rules of use before using such site. You also agree that we do not assume any responsibility for material downloaded, uploaded, created or published by or through such other sites. In addition, a link to such other site does not imply we endorse such other site or products or services referenced on such other site.

We and our business are exposed to various risks and uncertainties ; accordingly, certain statements on the Site that are not historical facts are forward-looking statements, including, without limitation, those regarding our future business and financial performance.  Forward looking statements may include the words "believe," "expect," "anticipate," "foresee," "sees," "target," "estimate," "designed," "aim", "plans," "intends," "focus," "will" or similar expressions. These statements are based on our best assumptions and beliefs in light of currently available information. Because they involve risks and uncertainties, actual results may differ materially from the results that we currently expect. We do not undertake any obligation to publicly update or revise forward-looking statements, whether as a result of new information, future events or otherwise, except to the extent legally required.

Valued Assets and any other content of the Site are provided on "as is" and "as available" basis. We do not warrant that access or use of the Site will be uninterrupted or error-free. We reserve the right to revise the Site or withdraw access to it at any time. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE VALUED ASSETS AND ANY OTHER CONTENT OF THE SITE.WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE VALUED ASSETS OR ANY OTHER CONTENT ON THE SITE, OR THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IF YOU OBTAIN VALUED ASSETS, OR OTHER MATERIALS OR SERVICES FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. OUR LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) use of the User’s Material; (ii) your use of the Valued Assets or the Site in violation of these Terms of Use; or (iii) any breach of your representations and warranties set forth in these Terms of Use.

These Terms of Use shall be governed and construed in accordance with the laws of Finland, without regard to its conflict of law provisions AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms of Use (and any applicable Supplements) constitute the entire agreement between you and us regarding the use of the Site and its content, and supersede and prevail over any other agreements we might have between you and us regarding the use of the Site and its content.

Any dispute, controversy or claim arising out of or relating to these Terms of Use, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English. The procedural law of Finland shall apply where the rules are silent. The award shall be final and binding on the Parties. Notwithstanding the foregoing, nothing herein prevents us from applying to the courts of any country for injunctive or other equitable relief to prevent or curtail any breach of these Terms of Use or for enforcement of an arbitral award.

If you have any questions about these Terms of Use or your account, you may contact us by email at Contact Us.