Use Agreement 
             Login 
                               Apply for Login 
                               Contact 
                               Site Map 
                          



                Joining OMA Current Members Accessing Resources Membership 
                rights matrix  OMA Newsletter 2010 Volume 1 Upcoming Events 
                Recent OMA Presentations Press Center Media Coverage  Release 
                Program Working groups and Commitees Work Program Publicly 
                Available Documents Specifications for Public Comment OMNA 
                Collaborating with OMA Supporting Data Material from Affiliates  
                2010 Meetings Schedule Next Meeting Registration  Overview 
                Future Test Events Schedule Test Event Documents Next Event 
                Registration TestBank Registration Problem Reporting System  
                TestFest Reports Product Listing User Agent Profiles  
                    Home     About OMA     Document Use Agreement   

            OMA Document Use Agreement 
            IMPORTANT: PLEASE READ THIS USE AGREEMENT ('AGREEMENT') CAREFULLY. 
            THE OPEN MOBILE ALLIANCE LTD. ('OPEN MOBILE ALLIANCE') PROVIDES 
            ACCESS TO CERTAIN DOCUMENTS TO YOU, YOUR EMPLOYEES, AGENTS, AND 
            CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THIS 
            AGREEMENT (COLLECTIVELY 'YOU'), SUBJECT TO THIS AGREEMENT. THIS 
            AGREEMENT IS ENTERED INTO BY AND BETWEEN THE OPEN MOBILE ALLIANCE 
            AND YOU. BY CLICKING BELOW AFTER THE FULL TEXT THE 'AGREE' BUTTON 
            YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT 
            AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE 'DO NOT AGREE' 
            BUTTON. IF YOU CLICK THE 'DO NOT AGREE' BUTTON, YOU WILL NOT BE 
            PROVIDED ACCESS TO THE DOCUMENTS AND AGREE THAT YOU WILL HAVE NO 
            RIGHT TO USE THE DOCUMENTS OR THE INFORMATION CONTAINED THEREIN.

            License 
            The Open Mobile Alliance grants you a non-exclusive, royalty-free 
            license to download, reproduce and use the information contained in 
            electronic files at ('Documents') subject to the terms and 
            conditions of this Agreement. You acquire no intellectual or 
            industrial property rights under this Agreement or through any 
            disclosure hereunder except as expressly stated in this Agreement. 
            No license to any patent, trademark, copyright or other proprietary 
            right is granted under this Agreement or through any disclosure 
            hereunder except as expressly stated in this Agreement.


            Documents - Terms of Use
            You agree to abide by all of the terms and conditions set forth in 
            the OMA Web Site Terms of Use. Permission is granted under this 
            Agreement to download the Documents owned by the Open Mobile 
            Alliance on this Web site, and to use the information set forth in 
            the Documents internally only, provided that: (a) the copyright 
            notice pertaining to the Documents remains on any copies of the 
            materials; (b) the use of such Documents is solely for personal and 
            non-commercial use, provided, however, that information contained in 
            clearly designated final approved Open Mobile Alliance 
            specifications may be used for commercial purposes; (c) such 
            Documents will not be copied or posted on any networked computer or 
            published in any medium, except as explicitly permitted by valid 
            permission or license covering such materials; and (d) no 
            modifications are made to such Documents. This permission terminates 
            automatically without notice if You breach any of the terms or 
            conditions in this section 2. Upon termination, You must immediately 
            destroy any downloaded and/or printed Documents. In case of conflict 
            between this Agreement and the OMA Web Site Terms of Use, this 
            Agreement will control.


            Intellectual Property Rights 
            In the course of specifications work, the Open Mobile Alliance 
            receives contributions in various forms. To best facilitate the 
            dissemination of these contributions, it is necessary to understand 
            any intellectual property rights ('IPR') relating to the 
            contributions. 
            Each Open Mobile Alliance member has agreed to use reasonable 
            endeavors to inform the Open Mobile Alliance in a timely manner of 
            Essential IPR as it becomes aware that the Essential IPR is related 
            to the prepared or published specification. However, the members do 
            not have an obligation to conduct IPR searches. The information 
            received by the members is publicly available to members and 
            non-members of the Open Mobile Alliance and may be found on the 'OMA 
            IPR Declarations'list. Essential IPR is defined and is available for 
            license as set forth in the schedule to the Open Mobile Alliance 
            Application Form. 
            Your acceptance of this Agreement does not allow you to provide any 
            contribution of information, whether such contains or does not 
            contain IPR, to the Documents unless you are a member of the Open 
            Mobile Alliance. All contributions must be made pursuant to the 
            membership policies of the Open Mobile Alliance, including but not 
            limited to its IPR policies. 
            In the event that You do provide any content in connection with this 
            Web site, it shall be deemed to be provided on a non-confidential 
            basis. The Open Mobile Alliance shall be free to use or disseminate 
            such content and any underlying rights related to such content on an 
            unrestricted basis for any purpose, and You grant the Open Mobile 
            Alliance, its members and all other users of the Web site an 
            irrevocable, worldwide, royalty-free, nonexclusive license to use, 
            reproduce, modify, distribute, transmit, display, perform, adapt, 
            resell and publish such content and any underlying rights related to 
            such content (including in digital form). You represent and warrant 
            that you have proper authorization for the worldwide transfer and 
            processing among the Open Mobile Alliance, its members, and 
            third-party providers of any information that You may provide on the 
            Web site. Nothing contained herein shall be deemed to obligate the 
            Open Mobile Alliance or its members to use or disseminate Your 
            content or any underlying rights related to such content. 
            You acknowledge and agree that (i) the Open Mobile Alliance has not 
            conducted an independent IPR review of the Documents and the 
            information contained therein, and makes no representations or 
            warranties regarding third party IPR, including without limitation 
            patents, copyrights or trade secret rights; and (ii) the Documents 
            may contain inventions for which You must obtain licenses from third 
            parties before making, using or selling the inventions.
            Indemnity
             

            You agree to indemnify and hold the Open Mobile Alliance and its 
            officers, directors, agents, members, employees, attorneys and 
            representatives harmless from any claim or demand, including 
            reasonable attorneys' fees, made by any third party due to or 
            arising out of Your use of or connection to the Web site, Your 
            violation of this Agreement, Your use of the Documents and the 
            information contained in the Documents.
            Disclaimer of Warranties
            YOUR USE OF THE DOCUMENTS AND THE INFORMATION CONTAINED IN THE 
            DOCUMENTS IS AT YOUR SOLE RISK. THE DOCUMENTS ARE PROVIDED ON AN 'AS 
            IS' 'AS AVAILABLE' AND 'WITH ALL FAULTS' BASIS. THE OPEN MOBILE 
            ALLIANCE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, 
            REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED 
            WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, 
            FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE OPEN 
            MOBILE ALLIANCE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR 
            GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, 
            ACCURACY OR COMPLETENESS OF THE DOCUMENTS AND THE INFORMATION 
            CONTAINED IN THE DOCUMENTS. 
            THE OPEN MOBILE ALLIANCE MAKES NO WARRANTY OR REPRESENTATION THAT: 
            (a) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR 
            ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE 
            WEB SITE WILL BE ACCURATE OR RELIABLE; (c) ANY DOCUMENTS AND THE 
            INFORMATION CONTAINED IN THE DOCUMENTS OBTAINED FROM THE WEB SITE 
            WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN 
            THE WEB SITE WILL BE CORRECTED. 
            THE OPEN MOBILE ALLIANCE MAKES NO WARRANTY OR REPRESENTATION THAT: 
            (a) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR 
            ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE 
            WEB SITE WILL BE ACCURATE OR RELIABLE; (c) ANY DOCUMENTS AND THE 
            INFORMATION CONTAINED IN THE DOCUMENTS OBTAINED FROM THE WEB SITE 
            WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN 
            THE WEB SITE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE 
            TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING 
            ANY DOCUMENTS FROM THE WEB SITE, INCLUDING ANY DAMAGES RESULTING 
            FROM COMPUTER VIRUSES. 
            NO ORAL OR WRITTEN STATEMENT BY THE OPEN MOBILE ALLIANCE OR BY A 
            REPRESENTATIVE OF THE OPEN MOBILE ALLIANCE SHALL CREATE A WARRANTY 
            OR INCREASE THE SCOPE OF THIS WARRANTY.
            Limitation of Liability 
            TO THE FULL EXTENT PERMITTED BY LAW, THE OPEN MOBILE ALLIANCE IS NOT 
            LIABLE FOR AND HEREBY DISCLAIMS ANY DIRECT, INDIRECT, PUNITIVE, 
            SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, 
            WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, 
            USE, DATA, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN 
            CONNECTION WITH THE WEB SITE AND THE USE OF DOCUMENTS AND THE 
            INFORMATION CONTAINED IN THE DOCUMENTS, EVEN IF OPEN MOBILE ALLIANCE 
            HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, 
            THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN 
            BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING 
            WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY 
            TO USE THE WEB SITE; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON 
            THE WEB SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR 
            ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, 
            OR FALSE OR FRAUDULENT TRANSACTIONS; OR (c) DOCUMENTS OR INFORMATION 
            YOU MAY DOWNLOAD. 
            TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR 
            LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS 
            OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. 
            Open Mobile Alliance's Privacy Policy 
            You consent to the collection, processing and storage by Open Mobile 
            Alliance of Your personal information in accordance with the terms 
            of the Open Mobile Alliance's Privacy Policy, which is available at 
            /privacypolicy. You agree to comply with all applicable laws and 
            regulations, and the terms of Open Mobile Alliance's Privacy Policy, 
            with respect to any access, use and/or submission by You of any 
            personal information in connection with this Web site.


            Term and Termination
             

            Your license to use the Documents and the information contained in 
            the Documents shall commence on the date you click below to agree to 
            this Agreement. You may terminate this Agreement at any time by 
            destroying all copies of the Documents and the information contained 
            in the Documents. All restrictions on use and all other provisions 
            that may reasonably be interpreted to survive termination of this 
            Agreement, will survive termination of this Agreement for any 
            reason. Your license to use the Documents will terminate 
            automatically if You fail to comply with any of the terms and 
            conditions of this Agreement. Upon termination of this Agreement for 
            whatever reason, You agree to cease to make any use of the Documents 
            and the information contained in the Documents.
            Modifications
            The Open Mobile Alliance reserves the right at any time to modify, 
            suspend or terminate Your use of or access to the Documents and the 
            information contained in the Documents, with or without notice. The 
            Open Mobile Alliance may also delete, or bar access to or use of, 
            all Documents and the information contained in the Documents and 
            files. The Open Mobile Alliance will not be liable to You or any 
            third-party for any modification, suspension, or termination of use 
            of the Documents, or loss of related information. The Open Mobile 
            Alliance may amend this Agreement at any time by posting the amended 
            terms on this Web site.
            General Terms
            This Agreement constitutes the entire agreement between You and the 
            Open Mobile Alliance relating to the subject matter, and cancels and 
            supersedes any prior versions of the Agreement. No modification to 
            the Agreement will be binding, unless in writing and signed by an 
            authorized Open Mobile Alliance representative. You must not assign 
            or otherwise transfer the Agreement or any right granted hereunder.
            This Agreement shall be governed by and construed in accordance with 
            the laws of the State of California, U.S.A., without reference to 
            any conflict of law principles, provided, however, that Section 10.3 
            shall be governed by and interpreted in accordance with the Federal 
            Arbitration Act of the United States, 9 U.S.C. §§ 1 et seq. 
            Any dispute, claim, controversy or difference regarding the 
            interpretation or validity of, the alleged breach of, or otherwise 
            arising out of or relating to this Agreement shall be resolved by 
            binding arbitration pursuant to this section.
              The arbitration shall be held in San Francisco, California before 
              an arbitral tribunal consisting of three arbitrators, who shall be 
              appointed as provided for in the Rules of Arbitration of the 
              International Chamber of Commerce ('ICC'). The arbitration shall 
              be governed by the Rules of Arbitration of the ICC ('Rules'), 
              except as otherwise provided in this section. Notwithstanding any 
              of the ICC Rules to the contrary, the final award in the 
              arbitration shall be rendered no later than the date the request 
              for arbitration is filed.
              The language of the arbitration shall be English. The decision of, 
              and award rendered by, the arbitral tribunal shall be final and 
              binding on the parties and shall not be subject to appeal. 
              Judgment on the award may be entered in and enforced by any court 
              of competent jurisdiction. Each party shall bear its own costs and 
              expenses (including filing fees) with respect to the arbitration, 
              including one-half of the fees and expenses of the arbitral 
              tribunal; provided, however, that the arbitral tribunal shall have 
              the authority to award, as part of the arbitral tribunal's 
              decision, to the prevailing party its costs and expenses of the 
              arbitration proceeding, including reasonable attorneys' fees and 
              experts' fees. 
              Each of the parties hereby irrevocably submits to the personal 
              jurisdiction of, and irrevocably waives objection to the laying of 
              venue (including a waiver of any argument of forum non conveniens 
              or other principles of like effect) in, the state and federal 
              courts located in San Francisco, California, for the purposes of 
              any action commenced in aid of an arbitration hereunder, for any 
              litigation undertaken for any of the purposes set forth in 
              subsection (d) below, or for entry of judgment upon the arbitral 
              tribunal's award. 
              Because you shall have access to the Documents and other valuable 
              proprietary materials of the Open Mobile Alliance, you agree that 
              in addition to its rights and remedies otherwise available at law, 
              the Open Mobile Alliance shall have the right to enforce this 
              Agreement and any of its provisions in a court of competent 
              jurisdiction by injunction (without being required to show any 
              actual damage or to post an injunction bond), specific performance 
              or any other equitable relief without prejudice to any other 
              rights and remedies that the Open Mobile Alliance may have for the 
              breach of this Agreement. 
              Notwithstanding anything to the contrary, the Open Mobile Alliance 
              shall have the right to elect in its sole discretion the forum for 
              any lawsuit arising hereunder brought by the Open Mobile Alliance. 

            If any term or provision of this Agreement shall be found to be 
            invalid, illegal or otherwise unenforceable, such finding shall not 
            effect the other terms or provisions of this Agreement, or the whole 
            of this Agreement, but such term or provision shall be deemed 
            modified to the extent necessary to render such term or provision 
            enforceable, and the rights and obligations of the parties shall be 
            construed and enforced accordingly, preserving to the fullest 
            permissible extent the intent and agreements of the parties set 
            forth in this Agreement. 
            Documents and the information contained in the Documents derived or 
            obtained from this Web site may be subject to the U.S. export laws 
            and the export or import laws of other countries. You agree to 
            comply strictly with all such laws. 
            Rights and obligations under this Agreement that by their nature 
            should survive will remain in full effect after termination or 
            expiration of the Agreement. 
            The Documents may contain forward-looking statements. Such 
            forward-looking statements may include statements regarding market 
            expectations and opportunities, research and development and 
            strategies, statements concerning Open Mobile Alliance's roadmaps 
            and specification development. These forward-looking statements are 
            just predictions and involve risks and uncertainties. Actual results 
            may differ materially from results discussed in the forward-looking 
            statements. Factors that may cause such a difference include risks 
            related to adverse changes in general economic conditions, lack of 
            success in technical advancements, and the timely development, 
            production and acceptance of specifications. 
            Any express waiver or failure to exercise promptly any right under 
            this Agreement will not create a continuing waiver or any 
            expectation of non-enforcement. If any provision of this Agreement 
            is held invalid by any law or regulation of any government, or by 
            any court or arbitrator, the parties agree that such provision will 
            be replaced with a new provision that accomplishes the original 
            business purpose, and the other provisions of this Agreement will 
            remain in full force and effect. 


                   Copyright © 2010  Open Mobile Alliance Ltd. All rights 
                  reserved.  Website Terms of Use   

        
