Valid since 09 June 2017
This Agreement covers the provision of Services by Canonical Group Limited registered in England company number 110334C ("Canonical", "us", "we" or "our") through the Developer Site to you as an individual or an entity ("you" or "your"). Your use of the Services and distribution of your App(s) will be governed by this Agreement along with Canonical's Privacy Policy. Please read this Agreement carefully before you register for a Developer Account. If you register for a Developer Account and use the Services on behalf of a company or other entity, you represent that you have the full legal authority to bind the company to this Agreement and you are agreeing to this Agreement on behalf of that company. To register for a Developer Account and use the Services, you must be at least 13 years old. If you are between age 13 and 18, you confirm that you have your parent's or legal guardian's consent and that they have read and agreed to this Agreement.
Without abridging or limiting any open source licences therein, you hereby grant to Canonical and its group companies, for the Term, a worldwide, non-exclusive licence to install, deploy, reproduce, and run your Apps for the purposes of testing and evaluation and to reproduce and distribute your Apps to end users through the Client Software. You hereby grant to Canonical and its group companies, for the Term, a licence to use any trade marks and branding you provide as part of the App in the Client Software and in associated uses such as use in marketing materials and advertising relating to the App, the Developer Site, or the Client Software for only those purposes strictly necessary for distribution of the App in the Client Software.
Canonical will not provide any end user support for your App.
You may distribute a no-charge trial version of any App through the Client Software through the Developer Site. However, if you charge for another version of the App through the Client Software (e.g. a "full" version) or upgrading from the trial version, then the commercial terms in this Agreement apply.
Canonical may make logos or phrases available to you to publicise your App's availability through the Client Software. Canonical hereby grants you a worldwide, non-exclusive licence during the Term to use such logos or phrases for the purpose of marketing your App in connection with its availability through the Client Software, subject to Canonical's Intellectual Property Rights policy, which Canonical may update from time to time at www.ubuntu.com/legal/intellectual-property-policy.
We may allow third parties to publish ratings and reviews of your App. Canonical may use these ratings and information about the popularity of your App, including the number of times your App has been downloaded or purchased in publicity for Ubuntu or the Developer Site, in publicising the Apps or as Canonical otherwise sees fit, from time to time. If you consider a review to be inaccurate, you may report this, but should your use of this reporting system be, in Canonical's opinion an abuse of that reporting system, Canonical may terminate this Agreement and remove your Apps from the Client Software at any time thereafter.
We look forward to providing you with Services for as long as you wish to have them. However, there are some circumstances under which this Services may be terminated. This Agreement begins when you accept its terms and conditions by creating a Developer Account and will continue in force unless terminated in accordance with this Clause 10. You may terminate this Agreement at any time by closing your Developer Account. We may terminate this Agreement immediately if you breach its terms or on 30 days' notice by email at any time. Upon termination for any reason, we will remove your Apps from the Client Software in no more than 30 days from the end of the notice period. Unless terminated for your breach, we will provide a final report and payment after the calendar quarter during which this Agreement was terminated.
We aim to continually improve our Services and, as a result, may change the Services from time to time. New features may be added, but we also may modify or discontinue (temporarily or permanently) a service, in part or in whole. We may occasionally change the terms of this Agreement, in which case the updated terms of this Agreement will apply when we post them to the Developer Site.
Some services may be subject to additional terms or may require payment of fees. In that event, you will be given an opportunity to review and agree to such terms and fees before using those services.
We may collect certain data relating to your use of the Services on behalf of Canonical and its group companies. You agree this information may be retained and used by Canonical. Canonical may disclose any or or all data and content you have sent, posted or published if required to comply with applicable law or order or requirement of a court, administrative agency or other governmental body. All use of your personal data is subject to Canonical's Privacy Policy.
Services provided under this Agreement are provided to you "as is" and with no warranties whatsoever. All implied warranties are excluded to the extent legally permissible. Canonical will provide the Services using reasonable skill and care. Under no circumstances will Canonical or its suppliers be liable for any special, punitive, consequential or indirect damages, or for any loss of profits or economic advantage. Canonical is not responsible for the loss of any of your data or any loss of business or financial disadvantage to you as a result of any loss of or damage to your data as a consequence of your use of the Services. You should make suitable backups of all data. Canonical will use reasonable efforts to ensure the availability of the Services, but makes no guarantee that the Services will be available without interruption. These limitations of liability do not apply with respect to any death or personal injury, fraud and anything else that cannot be excluded or limited by applicable law.
This Agreement is the entire agreement between you and Canonical with regard to the Services described herein. This Agreement is governed by the laws of England and you and Canonical submit to the exclusive jurisdiction of the courts of England. Notwithstanding the immediately preceding sentence, if you are a citizen of the United States of America, Canada or Mexico (and not a citizen of the United Kingdom), and you are not accessing the Services from the United Kingdom, then this Agreement is governed by the laws of the State of New York (USA) and any dispute will be heard by the Federal and State courts located in the State of New York (USA). You may not assign this Agreement. Your Apps may be subject to export control laws of the United States and other countries and you shall comply with any such laws. You must comply with all applicable laws, including export control laws in your provision of your Apps through the Client Software. Failure by Canonical to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. The terms of this Agreement do not affect your statutory rights. Any notices should be sent by registered post to Canonical Group Limited, 2nd Floor, Clarendon House, Victoria Street, Douglas IM1 2LN, Isle of Man.