Legal

QNAP Developer Terms

Revised on October 21, 2020

 

This is a legal agreement between you and QNAP Systems, Inc. and its affiliates (hereinafter referred to as "QNAP") stating the terms that govern your participation as a QNAP developer (hereinafter referred to as “Developer”). These Developer Terms (hereinafter referred to as “Terms”), together with our Terms of Use, Privacy Policy, DATA PRIVACY NOTICE, QNAP software store Terms of Service, constitute the entire agreement between you and QNAP concerning the Developer relationship and supersede and replace any other prior or contemporaneous agreements.

1. Relationship with QNAP

You understand and agree that by registering with QNAP to become a Developer, no legal partnership or agency relationship is created between you and QNAP. You agree not to represent otherwise. You also certify that you are at least sixteen (16) years of age and you represent that you are legally permitted to register as a Developer. These Terms are void where prohibited by law and the right to register as a Developer is not granted in such jurisdictions. Unless otherwise agreed or permitted by QNAP in writing, you cannot share or transfer any benefits you receive from QNAP in connection with being a Developer. By registering for an account, you accept the terms and conditions set forth in these Terms. If you do not accept all the terms and conditions set forth in these Terms, do not register for an account or use the services. By completing the registration process for an account and clicking the “I agree” button, you agree to be bound by these Terms. The account and password you use to log into your Developer account cannot be shared in any way or with anyone. You are responsible for maintaining the confidentiality of your account and password and for any activity in connection with your account. You irrevocably agree that QNAP reserves the right to take any enforcement actions against you if you breach any of these Terms.

2. Developer Benefits

As a Developer, you may have the opportunity to attend certain developer conferences, technical talks, and other events (including online or electronic broadcasts of such events). In addition, QNAP may offer to provide you with certain services (hereinafter referred to as “Services”), as described more fully herein and on the Developer pages (hereinafter referred to as “Site”), solely for your own use in connection with your participation as a Developer. QNAP may change, suspend or discontinue providing the Services and Site to you at any time, and may impose limits on certain features and materials offered or restrict your access to parts or all of such materials without notice or liability.

3. Content Review

You may be required to provide materials you upload, list, publish and/or make available for purchase and/or subscription (hereinafter referred to as “Content”) to QNAP for review before you publish your Content. QNAP reserves the right to deny your request to publish any Content which is unlawful, harmful, vulnerable, incompatible, or inappropriate in our sole discretion. Before submitting your Content to QNAP, you are responsible for testing and confirming its compliance with these Terms and its compatibility. QNAP has the right, but not the obligation, to review and test your Content at any time, and you agree to cooperate with QNAP in this process. QNAP may accept or reject your submitted Content for any reason.

4. Responsibility for Your Content

You shall be responsible for your Content, including but not limited to product description, pricing, licensing rights, terms and conditions, compatibility with QNAP’s products and services, end-user license agreements applicable to your Content. You represent and warrant that you have all the rights in your Content necessary to publish, sell, license, or in any manner deal or use any and all Content you provide to QNAP. You undertake to ensure that all Content that you provide to QNAP is lawful, accurate, complete, not misleading, and does not infringe any third party’s intellectual property rights.

Furthermore, you are responsible for the maintenance of your Content and shall ensure that all software, modules, program files, or any other information, file or data contained in your Content is kept up-do-date, with timely bug fixes and patches.

You are responsible for providing customer support in connection with your Content. You are responsible for your end-users’ use of your Content and undertake to ensure that your end-users comply with applicable laws and regulations. Unless otherwise stated, QNAP is not involved in or responsible for underlying transactions between you and any end-user and QNAP is not responsible for any dispute between you and any end user. QNAP may elect to assist in the resolution of any dispute between you and any of your end-users either voluntarily or upon your request for us to do so.

5. Removal of Your Content

QNAP has the right to directly remove any Content submitted by you which, in the sole and absolute discretion of QNAP, violates any applicable law, infringes or misappropriates the rights of any third party, is deemed or alleged to be fraudulent in nature, may disrupt, threaten or damage the operation and functioning of the QNAP App Center. QNAP may at our sole discretion notify you of QNAP’s awareness of such circumstances and may at QNAP’s sole discretion take any relevant enforcement actions against you as deemed appropriate.

If you wish to voluntarily remove your Content, you must email your request to 【mailbox】, and QNAP will remove the Content within sixty (60) days of receiving your request.

6. Restrictions

You agree not to exploit the Site, or any Services or Content provided to you by QNAP as a Developer, in any unauthorized way, including but not limited to, by trespass, using the Services, Site or Content other than for authorized purposes. Copyright and other intellectual property laws protect the Site and Content provided to you, and you agree to abide by and maintain all notices, license information, and restrictions contained therein. Unless expressly permitted herein or otherwise permitted in a separate agreement with QNAP, you may not modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, create derivative works based on, redistribute, perform, display, or in any way exploit any of the Site, Content or Services.
You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any QNAP software store, products or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any software or security components of the Services, Site, or Content (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by any licensing terms accompanying the foregoing). Use of the Site, Content or Services to violate, tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so, is expressly prohibited. QNAP retains ownership of all its rights in the Site, Content and Services, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any QNAP intellectual property.
You warrant that the Content shall not contain routine, program, Backdoor or code which has been intentionally designed or created to:

1. allow unauthorized access to, or use of, the Content by user of QNAP; or
2. cause the Content or other program or programs to malfunction.

The term “Backdoor” refers to an intentionally included method or deliberately included malicious software that provides unauthorized access to a program, online service or system. Backdoors can include, but are not limited to, harmful code, time bombs, viruses, worms or similar software which may deactivate or electronically repossess the Content, take possession of data, or cause damage to any product or data.

7. Developer Obligations

You shall keep your Content updated regularly and shall use best efforts to ensure that your Content is free of vulnerabilities. You shall notify QNAP in the event of any changes or updates to the Content. In the event that you cease to be a Developer, your Content may also be removed and you shall be responsible for notifying all of your end-users accordingly. You shall comply with any and all applicable laws and regulations. In the event that you have terminated your account with QNAP and Content and its associated products and services are no longer offered on the App Center or QNAP platform, unless otherwise agreed as between you and your end-user(s), you shall continue to make your services available to end-users who have valid purchases or subscriptions to your Content and ensure that they are able to connect to your services, including any and all product support services that you have agreed to provide your end-user with under contract, to your end-users until the expiry of your service agreements with your end users.

8. QNAP’s Rights

QNAP may suspend or terminate all or part of the App Center or QNAP platform at any time in its sole discretion. QNAP has the right to change, upgrade, modify, limit, or suspend the App Center or QNAP platform or any related functionalities or applications at any time temporarily or permanently. Subject to any specific terms of the App Center or QNAP platform as the case may be, you hereby agree that to the maximum extent permitted by applicable law, in no event shall QNAP be liable to you or any third parties for any inability to use the App Center or QNAP platform, as the case may be (whether due to disruption, changes to or termination of the App Center or QNAP platform or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the App Center or QNAP platform.

QNAP shall have the right to assign and/or novate any part of or all these Terms to any person or entity (including any affiliates of QNAP). QNAP may by written notice to you (which may be posted on the App Center or QNAP platform) require such novation of the Terms or any part thereof, and you hereby irrevocably agree and consent to any such novation, whereupon QNAP shall be released and discharged from all of its obligations under these Terms, as well as all claims, actions and demands arising under these Terms up to the time of such novation. You may not assign, in whole or part, any of the Terms to any person or entity.

9. Intellectual Property Rights

You retain any rights you may have in any Content. You grant QNAP and its affiliates a non-exclusive, worldwide, irrevocable (for the term of these Terms), assignable, royalty free, and fully paid-up license to:

1. reproduce, display, communicate, distribute, transmit, and otherwise make available via means of electronic distribution, your Content for the purposes of providing you, your end-users and the resellers the use of the App Center and your Content,
2. to list your Content on the App Center, and
3. display your trademarks and logos in the form you provide them to QNAP (with any modifications to optimize their viewing).

You also grant each end-user of the App Center who has purchased and/or subscribed to your Content a non-exclusive license to access and to use your Content through the App Center, as permitted through the functionality of the App Center, your end-user license agreements and under these Terms.

You may use QNAP’s trademarks and logos (the “the Trademarks”) in the form we provided them to you (with any modifications to optimize their viewing) in your marketing templates and other materials (whether in electronic, paper or any other form) related to the purposes of these Terms, subject to our prior written approval. Any approved use of the Trademarks shall at all times comply with the QNAP Brand Guidelines (as may be provided to you and which may be updated from time to time).

You agree and undertake to QNAP that you shall not:

1. engage in any conduct (including producing or distributing any materials) which may directly or indirectly impair or detract from the goodwill or reputation of the Trademarks;
2. directly or indirectly dispute the validity of any registrations and/or ownership of the Trademarks by QNAP or our affiliates, nor, subject to any applicable laws to the contrary, assist any other person to do the same;
3. use the Trademarks or any confusing similar mark thereto in its legal or trading name or other identifying mark; and
4. apply for registration or any other jurisdiction of any trademark that incorporates the Trademarks or any names or words or signs that are substantially identical or deceptively or misleadingly or confusingly similar thereto.