Terms and Conditions
Please read carefully the following terms and conditions before using the AMI DevNet website. The AMI DevNet website is offered only subject to your acceptance of all of the terms and conditions contained herein without modification (the “Agreement”). If you do not agree to all the terms and conditions of this Agreement, then you may not access the AMI DevNet website or use any of the services.
DevNet is a cloud-based modern perspective to embedded software development, providing enhanced hosted source control system and hosted cloud-compatible AMI tools for customer’s active project development needs. Software development has progressed through the years and several key improvements have been made along the way. AMI developed DevNet to incorporate these software industry advancements into the firmware development world and enable a modern development experience.
The AMI DevNet website and any software that is developed by AMI is owned by AMI. AMI retains ownership of the AMI DevNet website, including all intellectual property rights therein now existing or created in the future. The AMI DevNet website is protected by U.S. and international intellectual property laws and international treaties. You shall not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the AMI DevNet website. AMI does not claim any ownership rights to the information that you submit to the AMI DevNet website. Your code shall remain your code.
2. User Accounts
If you create an account on the AMI DevNet website, you are responsible for maintaining the security of the account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify AMI of any unauthorized use of your account or any other breaches of security. AMI is not liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
3. Acceptable Use & Content Posted to the AMI DevNet Website
You agree not to use, encourage, promote, or facilitate others to use, the AMI DevNet website or your account in a way that is harmful to others. You shall not post to the AMI DevNet website any viruses, worms, Trojan horses, malicious emails, and other harmful or destructive content or any post that taxes or scans the AMI DevNet website. You shall not post to the AMI DevNet website any material that is offensive, indecent, defamatory, an invasion of privacy, harassing, or otherwise objectionable. You shall not engage in illegal or fraudulent activities. You shall not infringe upon the intellectual property rights of others.
AMI shall have the right to remove destructive or objectionable material.
4. Data Privacy
You shall ensure that any and all information or data, including without limitation, personal data, used by you in connection with the Agreement is collected, processed, transferred, and used in full compliance with applicable data protection laws and that you have obtained all necessary authorizations and consents from any data subjects to process such data. You shall immediately inform AMI upon becoming aware of any breach within the meaning of applicable data protection laws relating to such data and to cooperate with AMI in any investigation thereof and in the implementation of any measures reasonably required to be taken in response thereto.
6. Termination & Survival
AMI may terminate your access to the AMI DevNet website, in part or in full, at any time, with or without cause, with or without notice, and effective immediately. If you wish to terminate this Agreement or your AMI DevNet account, you may discontinue using the AMI DevNet website.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7. Your Use & Representation
By using the AMI DevNet website, You indicate that You understand this Agreement and accept all of its terms. This is a legally enforceable contract between You and AMI. If You do not accept or agree to the terms of this Agreement, then do not make any use of the AMI DevNet website. If You do not accept all the terms of this Agreement, then AMI is unwilling to grant access to the AMI DevNet website. Your use of the AMI DevNet website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside). Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
8. Intellectual Property
Nothing in this Agreement is intended to grant any licenses or rights to you under any patent, copyright, trade secret, trademark, or other intellectual property rights owned by AMI. All right, title and interest in and to such property will remain (as between the parties) solely with AMI. AMI, the AMI logos, and all other trademarks, service marks, graphics and logos used in connection with the AMI DevNet website are trademarks or registered trademarks of AMI.
9. Disclaimer & Limitation of Liability
The AMI DevNet website is provided "AS IS." In no event will AMI and its affiliates, suppliers, and licensors be liable to You for any special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business, or profits) or for the cost of procuring substitute products arising out of or in connection with this Agreement or the use or performance of the AMI DevNet website, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not AMI has been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if limited remedy if any specified in this agreement is found to have failed of its essential purpose. Neither AMI, nor its suppliers and licensors, makes any warranty that the AMI DevNet website will be error free or that access will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content and services on the AMI DevNet website at your own risk.
You agree to defend, indemnify, and hold harmless AMI, its affiliates, contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the AMI DevNet website, including but not limited to any violation by you of this Agreement.
In the event that any part of this Agreement is found to be unenforceable, the remainder shall continue in effect, to the extent permissible by law and consistent with the intent of the parties as of the Effective Date of this Agreement.
Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement.
13. Governing Law & Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, excluding that part of Georgia law that governs conflict of laws. The rights and obligations of each party to this Agreement shall not be governed by the provisions of the U.N. Convention on Contracts for the International Sale of Goods.
Any action arising out of any dispute between the parties to this Agreement with respect to any of the transactions contemplated by this Agreement shall be brought in either the Superior Court of Gwinnett County or in the United States District Court for the Northern District of Georgia. Each of the parties hereto hereby submits itself to the jurisdiction and venue of said courts for purposes of any such action. Each of the parties hereto waives any requirement for personal service and agrees that service upon themselves in such action or proceeding may be made by first class mail, certified or registered, to their last address appearing on the records of the other party.