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Welcome to the RAKsmart Marketplace for Apps. The RAKsmart App Marketplace (the “RAKsmart Marketplace”) is an online marketplace for cloud and downloadable software applications, plugins and extensions (“Marketplace Apps” or “Apps”) that are designed to interoperate with RAKsmart’s software, cloud offerings and services (“RAKsmart Services”).
Use of this RAKsmart Marketplace is governed by these RAKsmart Marketplace Terms (the “Marketplace Terms”), which form a legally binding agreement between you and RAKsmart (“RAKsmart,” “we,” or “us”), and which form part of, and are hereby incorporated by reference into, the RAKsmart Terms of Service.
BY PLACING AN ORDER (DEFINED BELOW) FOR AN APP, OR ACCESSING OR USING THIS RAKSMART MARKETPLACE, YOU INDICATE YOUR ASSENT TO BE BOUND BY THESE MARKETPLACE TERMS. IF YOU DO NOT AGREE TO THESE MARKETPLACE TERMS, DO NOT PLACE AN ORDER OR USE OR ACCESS THE RAKSMART MARKETPLACE.
1. Types of Marketplace Apps. Marketplace Apps available through the RAKsmart Marketplace are designed for use with RAKsmart Services. Marketplace Apps are usually made available at no additional charge, however no costs for the Apps do not mean no cost for any App-related services, which are charged separately. The listing for each Marketplace App will identify the provider of the Marketplace App (“Vendor”), which may be RAKsmart or a third party. Marketplace Apps for which RAKsmart is the Vendor are “RAKsmart Apps,” and Marketplace Apps for which the Vendor is a third party are “Third-Party Apps”. As between RAKsmart and the users downloading Marketplace Apps, most Vendors are third parties, who create, own and are responsible for their own Marketplace Apps as further described in the Terms of Service. In all cases, you may only use Marketplace Apps with the RAKsmart Services with which they are designed to be used (as identified in the Marketplace App’s listing). If you are a Vendor, you are subject to all the obligations in the Terms of Service.
2. Placing Orders. “Orders” for the RAKsmart Marketplace include any order, purchase, installation, trial, download or enablement of a Marketplace App (including renewals and upgrades), whether through the RAKsmart Marketplace, RAKsmart Services or other processes or interfaces we make available. All Orders are subject to the Terms of Service. Your Order will identify the Vendor, your authorized scope of use of the Marketplace App (such as the platform or number of seats) and license or subscription term, as applicable. Once you complete your Order, RAKsmart will provide you with access to the applicable Marketplace Apps, including any relevant license or access keys, as described in the listing. If you order a Marketplace App through RAKsmart, RAKsmart will provide the Vendor with the information you provide in completing the order, such as your name, company name (if any), addresses (including e-mail address) and phone number.
3. Compliance with Policies. Your Orders and use of the RAKsmart Marketplace are also subject to all of RAKsmart’s posted policies, which are incorporated into the Terms of Service and as these may be modified from time to time.
4. Use of Marketplace Apps.
(a) Vendor Terms. Without limiting the disclaimers, restrictions or other provisions in the Terms of Service, usage of Marketplace Apps is subject to the license or subscription terms, privacy policies and other applicable terms specified by the Vendor (“Vendor Terms”). Vendor Terms are typically included on the Marketplace App’s listing page or presented through the Order process. You may not use a Marketplace App if you do not agree to the relevant Vendor Terms. Third-Party Apps are subject to the third party’s Vendor Terms, not the RAKsmart App Terms. By ordering, installing or enabling any Third-Party App, you are entering into the Vendor Terms directly with the applicable third-party Vendor. RAKsmart is not a party to, or responsible for compliance with, any third-party Vendor Terms, and does not guarantee any third-party Vendor Terms are adequate for your own needs. Please refer to Section 10(a) for more.
(b) RAKsmart Apps. If RAKsmart is the provider of the Marketplace App, any Additional Terms that govern the RAKsmart Service with which the App is enabled or used shall be provided with the RAKsmart App (the “RAKsmart App Terms”). In event of a conflict between the Terms of Service and the RAKsmart App Terms, the RAKsmart App Terms will control as to each party’s rights and responsibilities related to the RAKsmart App itself, while the Terms of Service will control as to the RAKsmart Marketplace generally.
5. Support and Maintenance. Any support and maintenance of Third-Party Apps will be provided by the applicable Vendor and only to the extent described in the applicable Vendor Terms. RAKsmart is not responsible for any support and maintenance for Third-Party Apps, and a Vendor’s failure to provide any support or maintenance does not entitle you to any remedy from RAKsmart. If RAKsmart is the provider, it will provide any support and maintenance in accordance with the RAKsmart App Terms.
6. Reservation of Rights. Except for the rights explicitly granted to you in the Terms of Service and in the Vendor Terms for each Marketplace App, all right, title and interest (including intellectual property rights) in the RAKsmart Marketplace are reserved by RAKsmart, and all right, title and interest (including intellectual property rights) in the Marketplace Apps are reserved and retained by their respective Vendors and licensors. Marketplace Apps are provided on a license or subscription basis, not sold, and you do not acquire any ownership rights in the RAKsmart Marketplace or the Marketplace Apps.
7. Data Collection and Sharing.
(a) Third-Party Vendor Use of Data. If you place an Order for Third-Party Apps, you authorize Vendors to access or use certain data in the applicable RAKsmart Services. This may include transmitting, transferring, modifying or deleting such data, or storing such data on Vendor or third-party systems. Any third-party Vendor’s use of accessed data (whether data in the RAKsmart Services or separately collected from you or your device) is subject to the applicable Vendor Terms. RAKsmart is not responsible for any access, use, transfer or security of data or information by third-party Vendors or by Third-Party Apps, or for the security or privacy practices of any third-party Vendor, Third-Party App or their processors. You are solely responsible for your decision to permit any third-party Vendor or Third-Party App to access or use data to which you’ve granted access. It is your responsibility to carefully review the Vendor Terms, as provided by the applicable third-party Vendor. You (including anyone acting on your behalf) represent and warrant that you have all necessary right, power and authority to authorize Vendors to access and use your data and information as described herein, all without violation of any other agreements or policies.
(b) RAKsmart Use of Data. Any data that RAKsmart collects from you based on your use of the RAKsmart Marketplace and your Orders, or that it receives from third-party Vendors on your behalf, is subject to the RAKsmart Privacy Policy.
8. Reviews of Marketplace Apps.
In the event the RAKsmart Marketplace allows users to post reviews (e.g., a star rating) of Marketplace Apps and/or to post comments on your or other users’ reviews, the following terms will apply:
(a) User Names Displayed. Reviews and comments are posted under the name and profile of the user submitting the content (as listed in his or her RAKsmart Account). Users who do not want their names or other profile information to appear should not post reviews or comments on the RAKsmart Marketplace.
(b) Rules for Reviews. All reviews and comments must comply with RAKsmart’s Acceptable Use Policy and the terms below. To make your reviews and comments useful to others:
• Reviews must be made in good faith after reasonable evaluation of the relevant Marketplace App.
• You (including anyone acting on your behalf) may not review or comment on your own Marketplace App, a Marketplace App owned by a company you work for, or those of competitors. As an exception, you may provide informational responses to support requests or other inquiries directed to you within the reviews or comments section of your Marketplace App listing.
• A Review must evaluate the Marketplace App itself and not be an evaluation of the underlying product with which the Marketplace App integrates or functions.
• Reviews or comments unrelated to the relevant Marketplace App are prohibited – for example, discussing RAKsmart’s employees, business or stock, or those of other companies, or unrelated products or services.
(c) RAKsmart Rights. RAKsmart reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the RAKsmart Marketplace. RAKsmart does not claim ownership of the content of reviews or comments you post on the RAKsmart Marketplace. However, you hereby grant RAKsmart a nonexclusive, worldwide, irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid-up, royalty-free license to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
9. Discontinuation of Marketplace. RAKsmart may, in its discretion, discontinue the RAKsmart Marketplace. If the Terms of Service terminate, your rights to use any previously obtained Marketplace Apps will survive in accordance with the applicable Vendor Terms.
10. Important Disclaimers and Limitations of Liability appliable to the Marketplace.
(a) Third-Party Apps. The Marketplace Apps in the RAKsmart Marketplace are usually provided by parties other than RAKsmart. Third-party Vendors are solely responsible for their Marketplace Apps and any related content or materials included in their Marketplace Apps. RAKSMART HAS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY THIRD-PARTY APPS, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, DATA HANDLING, DATA PROCESSING, COMPLETENESS, USEFULNESS OR QUALITY, EVEN IF RAKSMART IS HOSTING SUCH MARKETPLACE APP. THESE DISCLAIMERS APPLY EVEN IF A MARKETPLACE APP COMPLIES WITH RAKSMART’S GUIDELINES FOR THIRD-PARTY APPS, AND EVEN IF RAKSMART HAS REVIEWED, CERTIFIED, OR APPROVED THE THIRD-PARTY APP OR THE VENDOR PARTICIPATES IN ANY ONE OF RAKSMART’S APP PROGRAMS (“APP PROGRAMS”). ANY USE OF THIRD-PARTY APPS IS AT YOUR SOLE DISCRETION AND RISK. VENDORS ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY INFORMATION THEY SUBMIT IN CONNECTION WITH ANY APP PROGRAM IS ACCURATE, COMPLETE AND CORRECT, AND RAKSMART IS NOT RESPONSIBLE FOR THE STANDARDS OR BUSINESS PRACTICES OF ANY THIRD-PARTY VENDOR (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE), EVEN IF THE VENDOR PARTICIPATES IN AN APP PROGRAM. YOU SHOULD ALWAYS INDEPENDENTLY VERIFY THAT ANY THIRD-PARTY APPS OR VENDOR BUSINESS PRACTICES MEET YOUR NEEDS. In addition, RAKsmart is not responsible for any third-party websites to which the RAKsmart Marketplace links or their terms of use or privacy policies. You should use your discretion when visiting third-party websites.
(b) Removal of Marketplace Apps. At any time, RAKsmart may remove a Marketplace App from the RAKsmart Marketplace in accordance with its applicable policies, and Vendors may also update, modify or remove their own Marketplace Apps at any time.
(c) Interoperability. RAKsmart makes no guarantee that any Marketplace Apps will work properly with RAKsmart Services or that Marketplace Apps will continue to work with RAKsmart Services as they change over time. Some Marketplace Apps rely on hosted or cloud services provided by the Vendor or third parties, and these Marketplace Apps may not function properly or may become inoperable if those services are discontinued.
(d) Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAKSMART OFFERS THE RAKSMART MARKETPLACE AND ALL THIRD-PARTY APPS “AS IS” AND “AS AVAILABLE”, AND RAKSMART HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE RAKSMART MARKETPLACE OR THIS AGREEMENT. YOU MAY HAVE OTHER STATUTORY RIGHTS, IN WHICH CASE THE DURATION OF ANY STATUTORY WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(e) Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RAKSMART BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER LIABILITY RELATED TO THE RAKSMART MARKETPLACE OR ANY THIRD-PARTY APPS, INCLUDING FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS OR COSTS OF DELAY. IF THE FOREGOING DISCLAIMER OF DIRECT DAMAGES IS NOT ENFORCEABLE AT LAW FOR ANY REASON, IN NO EVENT WILL RAKSMART’S AGGREGATE LIABILITY TO YOU UNDER THESE TERMS EXCEED FIFTY DOLLARS (US$50).
The Disclaimer of Warranties and Limitation of Liability above do not alter any other disclaimers or limitations of liability within the Terms of Service, which continue to fully apply.
