Agreement relating to the use of the Softonic Developer Hub
Section A. Specific Terms and Conditions Relating to the Use of the “Your Software” services
Affiliates: Affiliate means a member of the Softonic corporate group.
Author or You: Any person who is registered and approved by Softonic to distribute and/or promote Products in accordance with the terms of this Agreement.
Author Account: A publishing account issued to Authors that enables the
distribution of Products via the Market.
Market: Softonic’s and its Affiliates website, and associated distribution network and distribution channels, available internationally in a variety of languages and operated by Softonic, providing Authors the opportunity to distribute Products to users.
Products: Software, content and digital materials created by the Author, or with respect to which the Author has the necessary legal rights to distribute and/or promote, and distributed and/or promoted via the Market.
Softonic: Softonic International, S.A., a Spanish company with its principal place of business at Calle Roc Boronat Nº 117, 6th floor, Barcelona, Spain, and its Affiliates.
The Market is an international and publicly available website, and associated distribution network and distribution channels, from which Authors may distribute and/or promote their Products. In order to distribute and/or promote Products via the Market, You must acquire and maintain a valid Author Account.
- These terms and conditions are part of a legally binding contract between You and Softonic in relation to your use of the Market to distribute and/or promote Products. In order to use the Market to distribute and/or promote your Products, You must first agree to this Agreement by accepting it where this option is made available to You. You may not distribute or promote Products via the Market if You do not accept this Agreement.
- You may not use the Market to distribute or promote Products, and may not accept the Agreement, unless You are verified as an Author in good standing. This Agreement will automatically terminate if You are not an Author in good standing, as determined in Softonic’s discretion.
- If You are agreeing to be bound by this Agreement on behalf of your employer or other entity, You represent and warrant that You have full legal authority to bind your employer or such entity to this Agreement. If You do not have the requisite authority, You may not accept the Agreement or use the Market on behalf of your employer or other entity.
- Pricing and Payments
- This section of the Agreement relates to the Products that You agree to distribute and/or promote for free.
- You Support Your Product. You will be solely responsible for support and maintenance of your Products and any complaints about your Products. Your contact information will be displayed in each application detail page and made available to users for customer support purposes.
- Except for Products that are simply promoted via the Market and the subject of a User´s re-direction to a third party website, users are allowed unlimited re-installs of each application distributed via the Market, provided however that if You remove a Product(s) from the Market pursuant to sub-clauses (i), (ii) or (iii) of Clause 7.a, such Product(s) shall be removed from the Market entirely and users shall no longer have a right or ability to re-install such Product(s).
- Use of the Market by You
- Except for the license rights granted by You in Clause 5 below, Softonic agrees that it obtains no right, title or interest from You (or your licensors) under this Agreement in or to any of the Products, including any intellectual property rights which subsist in those applications.
- You agree to use the Market only for purposes that are permitted by (i) this Agreement, and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Spain, the EU or other relevant countries).
- You agree that if You use the Market, You will protect the privacy and legal rights of users. If the users provide You with, or your Product accesses or uses, user names, passwords, or other login information or personal information, You must make the users aware that the information will be available to your Product, and You must provide a legally adequate privacy notice and protection for those users. Further, your Product may only use that information for the limited purposes for which the user has given You permission to do so. If your Product stores personal or sensitive information provided by users, it must do so securely and only for as long as it is needed. But if the user has opted into a separate agreement with You that allows You or your Product to store or use personal or sensitive information directly related to your Product (not including other products or applications) then the terms of that separate agreement will govern your use of such information.
- Prohibited Actions. You agree that You will not engage in any activity with the Market, including the promotion, development or distribution of Products, that interferes with, disrupts, damages, servers, networks, or other properties or services of any third party including, but not limited to, Softonic users or Softonic. You may not use customer information obtained from the Market to sell or distribute Products outside of the Market, unless you have obtained user consent for such purpose.
- Non-Compete. You may not use the Market to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Market.
- You agree that You are solely responsible for (and that Softonic has no responsibility to You or to any third party for) any Products You promote or distribute through the Market and for the consequences of your actions (including any loss or damage which Softonic may suffer) by doing so.
- You agree that You are solely responsible for (and that Softonic has no responsibility to You or to any third party for) any breach of your obligations under this Agreement, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which Softonic or any third party may suffer) of any such breach.
- Product Ratings and reviews. You agree and acknowledge that Softonic may provide users with a review of your Product. Furthermore, the Market may allow users who download your Product to rate and review it. These comments have not been verified or approved by Softonic. The views expressed by users on our sites do not represent our views or values. Softonic is committed to build a useful and reliable source for users, thus Softonic reviews and opinions about your Product may not be favorable. Softonic hereby disclaims any liability whatsoever arising from any reviews or ratings (either owned or submitted by users).
- Marketing Your Product. You will be responsible for uploading your Products to the Market and providing required Product information to users. In this context, Products that are not properly uploaded will not be published in the Market.
- Restricted Content. Any Product You promote or distribute via the Market must adhere to the Softonic Ads & Software Policies that are incorporated to this Agreement by reference.
- License Grants
- You grant Softonic a non-exclusive, worldwide, and royalty-free license to: copy, perform, display, and use the Products for administrative and demonstration purposes in connection with the operation and marketing of the Market and associated distribution network and distribution channels and to use the Products to make improvements to the Softonic platform.
- You grant to Softonic a non-exclusive and royalty-free license to promote and, should it be the case, distribute the Products via the Market and Softonic’s associated distribution network and distribution channels, based on the publishing options selected by You on the Product upload page of the Market. You acknowledge that Softonic may monetize the Market in the manner it deems fit and You will not be eligible for any share of the revenues obtained by Softonic. Softonic may use consultants and other contractors in connection with the performance of obligations and exercise of rights under this Agreement, provided that such consultants and contractors will be subject to the same obligations as Softonic. After termination of this Agreement, Softonic will not promote or distribute your Product.
- You grant to the user a non-exclusive, worldwide, and perpetual license to perform, display, and use the Product. If You choose, You may include a separate end user license agreement (EULA) in your Product that will govern the user’s rights to the Product in lieu of the previous sentence.
- You represent and warrant that You have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to the Product. If You use third party materials, You represent and warrant that You have the right to promote/distribute the third party material in the Product. You agree that You will not submit material to the Market that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit the material.
- Brand Features and Publicity
- “Brand Features” means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as owned (or licensed) by such party from time to time.
- Each party shall own all right, title and interest, including without limitation all intellectual property rights, relating to its Brand Features. Except to the limited extent expressly provided in this Agreement, neither party grants, nor shall the other party acquire, any right, title or interest (including, without limitation, any implied license) in or to any Brand Features of the other party. Subject to the terms and conditions of this Agreement, Author grants to Softonic and its affiliates a limited, non-exclusive license during the term of this Agreement to display Author Brand Features, submitted by Author to Softonic, for use solely in connection with the promotion and/or distribution of Author’s Product via the Market pursuant this Agreement.
- Except is Author chooses to be part of the Softonic’s Affiliate Program, Nothing in this Agreement gives the Author a right to use any of Softonic’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
- Publicity. In addition to the license granted in clause 5 above, for the purposes of marketing the presence of, and promotion and/or distribution and/or sale of the Author’s Product via the Market, Softonic and its affiliates may include Author Brand Features, submitted by Author to Softonic: (i) within the Market and in any Softonic-owned online platforms; (ii) in online or mobile communications outside the Market when mentioned along with other Market Products, and (iii) in customer lists (which includes, without limitation, customer lists posted on Softonic websites). If Author discontinues the promotion and distribution of specific Products via the Market, Softonic will cease use of the discontinued Products’ Brand Features for such marketing purposes.
- Product Takedowns
- Your Takedowns. You may remove your Products from future promotion or distribution via the Market at any time, but You must comply with this section of this Agreement. Removing your Products from future promotion or distribution via the Market does not: (i) affect the license rights of users who have previously purchased or downloaded your Products, (ii) remove your Products from any part of the Market where previously purchased or downloaded applications are stored on behalf of users, or (iii) change your obligation to deliver or support Products or services that have been previously purchased or downloaded by users.
- Notwithstanding the foregoing, in no event will Softonic maintain on any portion of the Market (including, without limitation, the part of the Market where previously purchased or downloaded applications are stored on behalf of users) any Product that You have removed from the Market and provided written notice to Softonic that such removal was due to: (i) an allegation of infringement, or actual infringement, of any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person, (ii) an allegation of defamation or actual defamation, (iii) an allegation of violation, or actual violation, of any third party’s right of publicity or privacy, or (iv) an allegation or determination that such Product does not comply with applicable law.
- Softonic While Softonic does not intend to, and does not undertake, to monitor the Products or their content, if Softonic is notified by You or otherwise becomes aware and determines in its sole discretion that a Product or any portion thereof or your Brand Features: (i) violates the intellectual property rights or any other rights of any third party; (ii) violates any applicable law or is subject to an injunction; (iii) is pornographic, obscene or otherwise violates Softonic’s policies including Softonic Ads & Software Policies or other terms of service as may be updated by Softonic from time to time in its sole discretion; (iv) is being distributed by You improperly; (v) may create liability for Softonic; (vi) is deemed by Softonic to have a virus or is deemed to be malware, spyware or have an adverse impact on Softonic’s network; (vii) violates the terms of this Agreement or (viii) the display of the Product is impacting the integrity of Softonic servers, then Softonic may remove the Product from the Market or re-classify the Product at its sole discretion.
- Softonic reserves the right to suspend and/or bar any Author from the Market and/or terminate this Agreement with an Author at its sole discretion, by providing written notice to the Author.
- Your Author Credentials
- You agree that You are responsible for maintaining the confidentiality of any Author credentials that may be issued to You by Softonic or which You may choose yourself and that You will be solely responsible for all applications that are developed under your Author credentials. Softonic may limit the number of Author Accounts issued to You or to the company or organization You represent.
- Privacy and Information
In order to continually innovate and improve the Market, Softonic may collect certain usage statistics from the Market, including but not limited to, information on how the Market is being used.
- Terminating this Agreement
- This Agreement will continue to apply until terminated by either You or Softonic as set out below.
- If You wish to terminate this Agreement, You must provide Softonic with thirty (30) days prior written notice and cease your use of any relevant Author credentials.
- Softonic may at any time, terminate this Agreement with You with written notice if:
- (i) You have breached any provision of this Agreement; or
- (ii) Softonic is required to do so by law; or
- (iii) You cease being an authorised Author; or
- (iv) Softonic decides to no longer provide the Market; or
- (v) pursuant to clause 7.d above; or
- (vi) pursuant to any other relevant provision of this Agreement.
- Product warranties, disclaimer and limitation of liability
- The Author, as the copyright holder of the Product or otherwise having the legal right to distribute the Product(s), is fully responsible for any harm or damage caused to any third party due to defects in the Product. The Author agrees to indemnify Softonic for any demand or claim directed to Softonic with respect to such defects.
- The Product submitted to Softonic must be the last and full version and The Author must promptly provide Softonic the latest Product versions, updates and revisions.
- Softonic will act as a promotor and distributor of the Product on behalf of the Author via the Market.
- The Author must inform any third party about the correct use of the Product, any disclaimers, user guide, and of any dangers that could result from the correct or incorrect use of the Product.
- The Author is fully responsible for any harm or damage caused to any third party (including legal costs) or any further expenses related to any claim or demand by a third party (including state authorities or government authorities) resulting to the correct use of the Product. The Author is fully responsible for any infringement of intellectual property laws.
- The Author will have no obligation in relation to any possible demand, claim or infringement reported by a third party when it is due to the negligence, fault or repeated infringement by Softonic of matters stated in the present Agreement.
- Softonic shall in no event be liable for any indirect, special or consequential damages arising out of or relating to the use of the Products.
- The Author shall indemnify, hold harmless and defend Softonic against any action brought against Softonic to the extent that such action is based on a claim that any unmodified Product, when used in accordance with this Agreement, infringes any copyright or intellectual property right, and Author shall pay all costs, settlements and damages related thereto.
- If any Product is finally considered to so infringe, Author shall, at its option, either: (i) procure for Softonic the right to continue using and distributing the Product, or (ii) modify or replace the Product to ensure it does not infringe any intellectual property rights of third parties.
Section C. General Terms and Conditions
- This Agreement constitutes the whole legal agreement between You and Softonic and governs your use of the Softonic Developer Hub and the Market, and completely replaces any prior agreements between You and Softonic in relation to the use of such Services.
- You agree that if Softonic does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Softonic has the benefit of under any applicable law), this will not be taken to be a formal waiver of Softonic’s rights and that those rights or remedies will still be available to Softonic.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
- This Agreement does not entail any relationship of forming a company, association or joint venture of any type or a contractual agency relationship for and/or due to whatever reason, and neither of the parties will have the authority, ability or power to bind the other party or to contract or generate any liability in the other party’s name, in no case and/or for no purpose.
- You acknowledge and agree that each Affiliate of Softonic shall be a third party beneficiary to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.
- Export restrictions: Products on the Market, as defined in Section A above, may be subject to Spanish and EU export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to your distribution or use of Products. These laws include restrictions on destinations, users and end use.
- This Agreement, and your relationship with Softonic under this Agreement, shall be governed by the laws of the Spain without regard to its conflict of laws provisions. You and Softonic agree to submit to the exclusive jurisdiction of the courts of the city of Barcelona to resolve any legal matter arising from this Agreement. Notwithstanding this, You agree that Softonic shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Force Majeure: Neither of the parties will be held responsible for the breach or delay in complying with any obligations established in this Agreement if the breach or delay is due to circumstances beyond their control, including but not limited to, cases of force majeure, war, terrorism, disturbances or industrial conflicts.
- Assignment. The parties will only have the right to assign or transfer rights and/or obligations arising from this Agreement after express written consent from the other party (this consent may not be denied or delayed without just cause). Notwithstanding the aforementioned, Softonic has the right to assign or transfer rights and obligations arising from this Agreement without the need for consent to a company of the Softonic Group, pursuant to the ‘group concept’ established in article 42 of the Spanish Code of Commerce, or to a purchaser of all or a substantial part of Softonic’s assets.
- Term and termination. This Agreement will commence on the date of its acceptance and will remain valid until it is terminated pursuant to the provisions set out above.
- Changes to the Agreement
Softonic may modify this Agreement at any time by sending You notice of the modifications made. Changes will not apply retroactively and generally will become effective 30 days following the date that the notification is sent. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If You don’t agree to any modified terms, you will be required to unsubscribe from the Softonic Developer Center, thereby deemed to be a termination of this Agreement.
Softonic International S.A. owns, amongst others, the corresponding country domains of Spain, France, Germany, Italy, Brazil, China, Japan, The Netherlands, Turkey, Korea and Poland and related subdomains (hereinafter referred to as SOFTONIC).
- Address: C / Roc Boronat Nº 117 6th floor, Barcelona, Spain
- Tel. +34 936 01 27 00
- Fax. +34 93 396 92 92
- Softonic International S.A.: Tax Identification Number: A-62134341. Filed with the Mercantile Registry of Barcelona, Book 43674, Page 213, Sheet B210880, Entry 25.
- Introduction & General Terms
- What information will SOFTONIC collect about me?
When you sign up to the SDH, or specific services offered in connection with the SDH, we may receive personal information about you. This can consist of information such as your name, email address, postal address, telephone or mobile number or date of birth, depending on the activity.
By submitting your details, you enable SOFTONIC (and where applicable its contractors) to provide you with services available via the SDH, including the publication and promotion of your software.
- How will SOFTONIC use the information it collects about me?
SOFTONIC will use your personal information for a number of purposes including the following:
- to provide our services or online content and to deal with your queries;
- for the administration of such services, which means that SOFTONIC may contact you for reasons related to the services or online content;
- to contact you about a submission you have made via the SDC, including any content you provide;
- to provide you with information about our services or online content;
- to personalize the way SOFTONIC content is presented to you;
- to use IP addresses to identify the location of users, to block disruptive use, to establish the number of visits from different countries and to determine from where you are accessing the services;
- to analyze and improve the services offered by SOFTONIC; and,
- to provide you with the most user-friendly navigation experience. SOFTONIC may also use and disclose information in aggregate (so that no individuals are identified) for marketing and strategic development purposes.
Where SOFTONIC proposes using your personal information for any other uses we will ensure that we notify you first. You will also be given the opportunity to withhold or withdraw your consent for the use of your personal information for purposes other than those listed above.
- When will SOFTONIC contact me?
SOFTONIC may contact you:
- in relation to any service or online content you have signed up for in order to ensure that SOFTONIC can deliver the services to you;
- in relation to any correspondence we receive from you or any comment or complaint you make about SOFTONIC products or services;
- in relation to any content or information you have submitted to SOFTONIC, e.g. for the promotion of your software;
- to invite you to participate in surveys about SOFTONIC services (participation is always voluntary); and
- in the event you have previously given your consent, for marketing purposes, strictly relating to SOFTONIC products and services. However, you will always be provided with the option to “unsubscribe” from such electronic communications.
- to provide you with reports and information on how your software is performing in the Softonic platform.
- Will I be contacted for marketing purposes?
Provided your prior subscription to receive marketing direct communications, SOFTONIC will only use your information for marketing purposes related to SOFTONIC products and services, however, providing you with the option to “unsubscribe” from such electronic communications.
- Will SOFTONIC share my personal information with anyone else?
We will keep your personal information confidential except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies). Generally, we will only use your information within SOFTONIC. However, sometimes SOFTONIC uses third parties to process information on SOFTONIC´S behalf. In such cases, any such information will be aggregated, and in accordance with our strict instructions and never for their own business purposes.
- Illegal, offensive or inappropriate content on SOFTONIC websites or services
If you post or send offensive, inappropriate or objectionable content anywhere on or to SOFTONIC or otherwise engage in any disruptive behaviour on any SOFTONIC service, then SOFTONIC may use your personal information to stop such behaviour. Where SOFTONIC reasonably believes that you are in breach of any applicable laws, then SOFTONIC reserves the right to take precautionary measures including the termination of your access to the SDH and any other SOFTONIC services.
- What if I am a user aged 13 or under?
If you are aged 14 or under, you must obtain your parent´s or guardian’s permission before you provide any personal information to SOFTONIC and SOFTONIC reserves the right to seek evidence of such consent, in its discretion, in such circumstances. Users without this consent are not allowed to provide us with personal information. If you are under 14 years old, please do not register in the SDH and please ask your parent or guardian to send an email to firstname.lastname@example.org
For certain services offered within the SDC, you will be required to be 18 years or over to use such service.
- How long will SOFTONIC keep my personal information?
We will hold your personal information on our systems for as long as is necessary for the relevant activity or service. If you cancel your registration as a member of the SDC and your account is deleted, while SOFTONIC cannot use your personal information following that time, the information is stored or backed up for a period of one year before being deleted automatically.
- Can I find out what personal information the SOFTONIC holds about me?
- What if I am accessing SOFTONIC services outside of Spain?
- Cookies Policy – Information that SOFTONIC collects from you:
- What is a cookie?
A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer, tablet or mobile phone (referred to here as a “device”) browser from a website’s computer and is stored on your device’s hard drive. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other websites. Many websites do this whenever a user visits their website in order to track online traffic flows.
On SOFTONIC websites, cookies record information about your online preferences and allow us to tailor our websites to your interests.
- How to reject SOFTONIC cookies?
Last updated: September 2017
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