Qt DEVELOPER NETWORK (“QtDN”) TERMS AND CONDITIONS

1. Acceptance

THESE GENERAL QtDN TERMS AND CONDITIONS ("TERMS AND CONDITIONS"), together with the Gitorious Terms of Service AND THE PRIVACY POLICY AVAILABLE AT http://en.gitorious.org/privacy_policy ("PRIVACY POLICY") SHALL GOVERN THE USE BY YOU OF THE Qt DEVELOPER NETWORK ("SITE" OR "QtDN SERVICES").. THE TERMS OF THE PRIVACY POLICY ARE INCORPORATED INTO THESE TERMS AND CONDITIONS BY THIS REFERENCE. IF YOU ARE DEEMED A MINOR UNDER THE LEGISLATION OF YOUR COUNTRY, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR LEGAL GUARDIAN AND GET THEIR PRIOR APPROVAL FOR REGISTRATION AND/OR USE OF THE SITE.

PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS, CHECK THE BOX "I ACCEPT" AT THE BOTTOM OF THE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND PRIVACY POLICY, THEN YOU ARE NOT ENTITLED TO UTILIZE THE QtDN SERVICES

2. QtDN Services

2.1 General. The Site is an Internet based service hosted by Gitorious that allows users to upload, share, and download content through different services available in the Site, including but not limited to services called Forums, Wikis, Groups, Profile and Messaging. The Site and benefits that might be included in the QtDN Services are available for your personal use only, and you are not allowed to sell or in any other way transfer these benefits to any third party.

You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of QtDN Services or for any service offered on or through QtDN Services, the latter terms shall control with respect to your use of that portion of QtDN Services or the specific service.

2.2 Third Party Information. References of third parties and third party products in any materials, advertising, promotions or coupons provided to users is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third party product specifications and descriptions are supplied by the respective vendor or supplier, and Gitorious and the Qt Project Hosting Foundation shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.

2.3 Links. QtDN may include links to sites on the Internet that are owned or operated by third parties. If you choose to use such links to such sites you agree to review and accept such site's rules of use before using such site. You access the third-party sites at your own risk.

2.4 Trademarks. This Agreement does not grant you any rights to use any trademarks.

3. Access

3.1 In order to use QtDN Services, you need to register. To register, you need to create a username and password. You agree to provide truthful, accurate and complete information when you are registering and you agree to maintain and update any information provided. Any false identification or e-mail address or otherwise misleading information about your identity is strictly forbidden. Use of the QtDN Services by using your username and/or password is assumed by us to be made by you and thus you are personally responsible for such use. You agree to take reasonable measures and all due care to protect your password and username against misuse by third parties. You agree to indemnify Gitorious and the Qt Project Hosting Foundation against any loss or damage caused as a result of misuse of the QtDN Services by a third party where such misuse was made possible by your failure to take such reasonable measures and due care.

3.2 You shall promptly notify Gitorious and the Qt Project Hosting Foundation of any unauthorized use of your username or of any other inappropriate use of the QtDN Services.

4. Submissions of User Content

4.1 Some of the QtDN Services allow users to upload, download, edit, test, host, share and/or publish content including, without limitation, images, icons, photographs, graphics, sounds, music, videos, texts, software, applications, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests, report or the like or any other materials ("User Content").

4.2 You are solely responsible for any submission of User Content and you agree to acquire any consents, permissions or licenses needed as required by these Terms and Conditions. If your User Content contains a link to content of a third party, you shall be responsible for acquiring consent for creating such link prior to making the User Content available if the consent is required by applicable legislation or terms of use of the linked sites. Upon such submission of any User Content to the QtDN Site, for example, in comments, by e-mail, by uploading, linking, SMS, and/or MMS, you will grant to all users of the QtDN a nonexclusive, royalty-free, and free of charge, perpetual, worldwide, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, modify, adapt, create derivative works of, distribute, and display such content or any concept described in it throughout the world in any media, product and/or service, without compensation, restrictions on use, acknowledgment of source, accountability, or liability, and with waiver of all moral rights and rights of attribution, integrity, and identity.

4.3 By submitting User Content to the QtDN Service and using the Site you represent and warrant that:

• (a) You own the User Content submitted by you to the QtDN Service or otherwise have the right to grant the licenses set forth above. User Content submitted by you does not contain content that is unlawful, defamatory, offensive, abusive, libelous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit for publication or that encourages to any illegal activity, criminal offence or civil liability;
• (b) User Content submitted by you does not contain a virus, Trojan horse, "sniffer" routines, backdoors, "robots", "spiders", worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or other contaminating or destructive features;
• (c) You will not submit any advertisements or solicitations of business;
• (d) User Content submitted by you does not infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others; and
• (e) You will not submit any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, "junk mail", "spam", pyramid schemes or any other solicitations or communications, including without limitation spamming us or other users of the QtDN Service, or use or collect other users' e-mail addresses or phone numbers, or other users' information or postings, or use the site or service to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to our or any QtDN Service's visitor's computer system.
• (f) You will not send any such messages through QtDN Services to any other user that contain vulgar, abusive, or otherwise inappropriate language.
• (g) You will not disrupt the flow of discussion in discussion boards with vulgar, abusive, or otherwise inappropriate language; or by other means, including but not limited to posting repetitive text.
• (h) You agree not to take action against Gitorious and/or the Qt Project Hosting Foundation in relation to User Content that you submit.
• (i) Your postings or User Content submissions shall not cause injury or harm to any persons or entities.
• (j) You will not use the Site or QtDN Services to "stalk" or harass another person, and your User Content and use will not suggest or encourage any illegal activity.
• (k) your use of the Site or services will not compromise the security or integrity of the Qt Project web site or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on the Site or its infrastructure, or using any computer programming routine, file, or device to damage or interfere with the operation of the site(s) or services.

4.4 You shall use good judgment and exercise discretion in choosing appropriate subjects and subject matter for any photos or video submissions to the QtDN Site. Please note that privacy laws may protect individuals with respect to their being photographed or videotaped, so please respect the privacy of others by asking for and obtaining their consent to be photographed or videotaped, as well as for your submissions of photos or videos to the QtDN Site.

4.5 Any use of the QtDN Services, Content and User Content which does not comply with the foregoing is strictly prohibited. Gitorious and the Qt Project Hosting Foundation expressly disclaim any liability arising out of or relating to the User Content.

4.6 Written notifications of claimed copyright infringement should be sent to .(JavaScript must be enabled to view this email address) ("Designated Agent"). To be effective, the notification must include the following:

• (a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• (b) Identification or description of the copyrighted work claimed to have been infringed;
• (c) Identification or description of the material that is claimed to be infringing and information reasonably sufficient to the Designated Agent to locate the material;
• (d) Your name, address, telephone number, e-mail address and any other information which will permit the Designated Agent to contact you;
• (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

4.7 For written notifications of any other User Content which is inappropriate, unlawful, defamatory, offensive, abusive or otherwise unfit for publication please write to us to .(JavaScript must be enabled to view this email address) stating your full name and address, details of the location of the User Content in question and a detailed explanation why it is inappropriate, offensive or unlawful.

4.8 Gitorious may remove any User Content that it in its sole judgment believe to violate the Terms and Conditions or which may be offensive, illegal or violate the rights of, or harm or threaten the safety of, any person. Gitorious assumes no responsibility for monitoring the QtDN Services for inappropriate User Content or conduct.

5. Comments and other Information

Please be aware that the submission of comments or information through other similar medium will be published in QtDN Site and subject to many kinds of different users of different age and level of experience and Gitorious does not assume responsibility for monitoring of the material posted and published. Your use of public forums like comments, message boards, wikis and chat rooms is at your own risk and you are solely responsible for all and any actions you take as well as for all and any actions that you take based on information gained on such public forum.

6. Disclaimer of Warranties

THIS QtDN SITE, AS WELL AS CONTENT AND USER CONTENT THEREOF, ARE PROVIDED BY ON AN "AS IS" AND "AS AVAILABLE" BASIS. GITORIOUS DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR OR VIRUS-FREE. GITORIOUS RESERVES THE RIGHT TO REVISE THE SITE OR WITHDRAW ACCESS TO IT AT ANY TIME WITHOUT NOTICE TO YOU. GITORIOUS AND THE QT PROJECT HOSTING FOUNDATION EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE QtDN SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE EXPOSED TO USER CONTENT FROM VARIOUS SOURCES. GITORIOUS AND THE QT PROJECT HOSTING FOUNDATION ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY USER CONTENT OR INFORMATION PROVIDED BY OTHER USERS OF THE QtDN SERVICES.

7. Limitations of Liability

EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY OR DAMAGES CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, GITORIOUS AND THE QT PROJECT HOSTING FOUNDATION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE AND SERVICE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. OUR LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. QtDN SITE IS HOSTED AND MADE AVAILABLE FROM NORWAY. IN THE EVENT YOU ACCESS QtDN SITE FROM OTHER JURISDICTIONS, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE LOCAL LAW.

8. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GITORIOUS AND THE QT PROJECT HOSTING FOUNDAITON, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ALL LIABILITIES, ASSESSMENTS, LOSSES, COSTS OR DAMAGES RESULTING FROM OR ARISING OUT OF: I) YOUR BREACH OF THESE TERMS AND CONDITIONS or PRIVACY POLICY; II) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, OTHER RIGHTS OR PRIVACY OF A THIRD PARTY.

9. Term

These Terms and Conditions are effective as of the date of your acceptance of the terms and are valid until further notice. Gitorious has the right to change these Terms and Conditions and Privacy Policy from time to time in its sole discretion. Such changes shall become effective upon posting a notification on this site and you agree to be bound to any and all of the changes when you use the QtDN Services. Gitorious reserves the right, in its sole discretion and with immediate effects, and without any liability, to suspend or terminate your membership and your access to all or any part of the QtDN Services without prior notice; without limitation, Gitorious may do so if you submit User Content that is infringing or otherwise in violation of these Terms and Conditions. You may also, at any time, terminate your registration to the QtDN Service. Please note that if you choose to terminate your registration, you will no longer have access to the QtDN Service. In the event of termination, the provisions of these Terms and Conditions and Privacy Policy that are intended to survive such termination shall remain unaffected including, without limitation, Clauses 7 (Limitations of liability) and 8 (Indemnity).

10. Assignment

Gitorious and the Qt Project Hosting Foundation shall have the right to assign these Terms and Conditions and Privacy Policy or its rights and obligations hereunder to a third party without your prior written consent.

11. Miscellaneous

This QtDN Site shall be governed by the laws of Norway without regard to conflict of law provisions. You agree that any dispute arising out of these Terms and Conditions and Privacy Policy shall be resolved exclusively in the public court in Oslo, Norway.