XAMARIN, INC. TERMS OF USE

Last Updated: March 31, 2016

Introduction

This Website Terms of Use agreement (“Agreement”) governs your access to and use of www.xamarin.com and related websites and services (collectively the “Site”) offered by Xamarin Inc., a wholly owned subsidiary of Microsoft Corporation (“Xamarin,” “we,” or “us”). Your access to and use of the Site is conditioned on your acceptance of and compliance with this Agreement. By accessing or using the Site, you agree to be bound by this Agreement. Your access to and use of other Xamarin products and services may be governed by separate terms and conditions. Any use or access to the Site by anyone under 13 is strictly prohibited and in violation of this Agreement.

Use of the Site

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site. Xamarin reserves all rights not expressly granted herein in the Site and Content (as defined below) provided by Xamarin or its licensors. Xamarin may terminate this license at any time for any reason or no reason.

All right, title, and interest in and to the Site (excluding Content provided by you) are and will remain the exclusive property of Xamarin and its licensors. The Site is protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing in this Agreement gives you a right to use the Xamarin name or any Xamarin trademarks, logos, domain names, or other distinctive brand features, or those of any Xamarin licensor. Any feedback, comments, or suggestions you may provide regarding Xamarin or the Site are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Xamarin will not be liable for any loss or damage arising from your failure to comply with these requirements. By connecting to Xamarin with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials and other data received from that service. By providing Xamarin your email address you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail.

We may, without prior notice, change the Site; stop providing the Site or features of the Site to you or to users generally; or create usage limits for the Site.

You must not do any of the following while accessing or using the Site: (i) use the Site for any unlawful purposes or for promotion of illegal activities; (ii) post any Content or use the Site in violation of any applicable law (including intellectual property laws, right of privacy or publicity laws, and any laws of a non-U.S. jurisdiction applicable to you), or any contractual or other legal obligation; (iii) post Content that is hateful, abusive, threatening, profane, or that you know to be incorrect, misleading, or deceptive; (iv) publish or post other people's private or personally identifiable information without their express authorization; (v) publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user’s privacy; (vi) access or tamper with non-public areas of the Site, Xamarin's computer systems, or the technical delivery systems of Xamarin's providers; (vii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (viii) access or search or attempt to access or search the Site by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Xamarin, unless you have been specifically allowed to do so in a separate agreement with Xamarin; or (ix) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Site.

Xamarin may investigate and/or suspend your account or access to the Site if you violate any of the above policies. Xamarin reserves the right to immediately terminate your account or access to the Site without further notice in the event that, in its judgment, you violate this Agreement.

Your Content

“Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Site. You retain ownership of all Content you submit, post, display, or otherwise make available on the Site.

By submitting, posting or displaying Content on or through the Site, you grant, and you represent and warrant that you have a right to grant, to Xamarin a worldwide, non-exclusive, perpetual, royalty-free license (with the right to sublicense) to use, reproduce, adapt, modify, publish, transmit, perform, display, distribute, and make derivative works of such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Xamarin to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services.

Your Content will be able to be viewed by other users of the Site and through third party services and websites. You should only provide Content that you are comfortable sharing with others under the terms of this Agreement. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Site. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any third party Content or communications posted via the Site nor does Xamarin endorse any opinions expressed by third parties via the Site. Any use of or reliance on any Content or materials posted via the Site or obtained by you through the Site is at your own risk. You understand that by using the Site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Xamarin be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site or broadcast elsewhere.

You are responsible for your use of the Site, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that your Content will be published on the Site and may be republished, and if you do not have the right to submit Content for such use, it may subject you to liability. Xamarin will not be responsible or liable for any use of your Content by Xamarin in accordance with this Agreement. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit and that Xamarin’s use of your Content in accordance with this Agreement will not violate any law or infringe the rights of any third party.

The Site may include advertisements, which may be targeted to the Content or information on the Site, or other information. In consideration for Xamarin granting you access to and use of the Site, you agree that Xamarin and its third party providers and partners may place such advertising on the Site or in connection with the display of Content or information from the Site whether submitted by you or others.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Site and to terminate your access.

Xamarin Component Store

You may use the Xamarin Component Store to browse, download and purchase subscriptions, products, tools and services (collectively "Components"). Some of these Components may be offered by Xamarin, while others may be made available by third parties. You agree that Xamarin is not responsible for any Component that originates from a source other than Xamarin. Your purchase and use of such Components does not constitute a license or grant of any rights under Xamarin’s Intellectual Property Rights. You agree that you are solely responsible for, and that Xamarin has no responsibility to you or to any third party for, your use of the Xamarin Component Store and/or any third-party Components, any breach of your obligations under this Agreement, and for the consequences, including without limitation, loss or damage of any kind, which Xamarin may suffer as a result of such use or breach.

You agree that you are solely responsible for all fees associated with purchases you make through the Xamarin Component Store. Xamarin may make available to you various payment methods to facilitate the purchase of Components from the Xamarin Component Store. You agree to abide by any relevant terms that govern the use of the particular payment processing method. Xamarin reserves the right to add or remove payment methods at its sole discretion.

In order to access certain services in the Xamarin Component Store, You may be required to provide information, such as your name, address, and billing details. You agree that any such information you provide to Xamarin will always be accurate, correct and up to date.

Some Components may also be governed by applicable open source software licenses. In the event of a conflict between this Agreement and any such licenses, the open source software licenses will prevail with respect to those Components.

Xamarin may permanently or temporarily stop providing all or a portion of the Xamarin Component Store, or any Components, to you, or to users generally, at Xamarin’s sole discretion, without prior notice to you. If Xamarin disables access to your account, you may be prevented from accessing the Xamarin Component Store, your account information and Components that are stored with your account.

You agree to use the Xamarin Component Store only for purposes that are permitted by the Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all applicable export controls. By using the Xamarin Component Store, You represent and warrant that you are not prohibited from receiving exports or services under US or other applicable export laws. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Products.

You agree that Xamarin owns all right, title and interest in and to the Xamarin Component Store, while Xamarin or third parties own all right, title and interest in their respective Components, including without limitation all applicable Intellectual Property Rights in the Components. "Intellectual Property Rights" means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide.

Copyright Policy

Xamarin respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please visit Notices of Infringement for instructions on how submit a notice of copyright infringement.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. Xamarin will terminate your account if you are determined to be a repeat infringer.

Privacy

Xamarin values your privacy. Please review our Privacy Statement to learn more about how we collect and use information about you via the Site.

Third-Party Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Xamarin of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Disclaimers; Indemnification

Your access to and use of the Site, third-party Components or any Content is at your own risk. You understand and agree that the Site is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, XAMARIN AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Xamarin makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Site or any Content thereon. Xamarin will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, third-party Components and any Content. You also agree that Xamarin has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Site. Xamarin makes no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Xamarin or through the Site, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XAMARIN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, THIRD-PARTY COMPONENTS, OR CONTENT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT XAMARIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. FOR THE AVOIDANCE OF DOUBT, NOTHING HEREIN IS INTENDED TO LIMIT THE LIABILITY OF ANY THIRD PARTY CONTRIBUTOR TO THE XAMARIN COMPONENT STORE TO YOU.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

You agree to defend, indemnify and hold harmless Xamarin and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site, including any data or Content transmitted or received by you; (ii) your violation of any provision of this Agreement; or (iii) any other party’s access or use of the Site with your username and password or other appropriate security code.

General Terms

This Agreement and any action related thereto will be governed by the laws of the State of Washington without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Site will be brought solely in King County, Washington, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

This Agreement is the entire and exclusive agreement between Xamarin and you regarding the Site (excluding any services for which you have a separate agreement with Xamarin that is explicitly in addition or in place of this Agreement), and this Agreement supersedes and replaces any prior agreements between Xamarin and you regarding the Site. The failure of Xamarin to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

Xamarin may provide notices to you via email, written or hard copy notice, or through posting on the Site, as determined by Xamarin in our sole discretion. Xamarin reserves the right to determine the form and means of providing notice to you, provided that you may opt out of certain means of notice as described in this Agreement.

We may revise this Agreement from time to time without notice to you. The most current version will always be on this page.. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Agreement.

The Site is operated and provided by Xamarin, Inc., 394 Pacific Avenue, 4th Floor, San Francisco, CA 94111. If you have questions about this Agreement, please contact us at legal@xamarin.com.