Genetec DAP Resource Center Terms of Use

Welcome to the Genetec DAP Resource Center (the “Portal”). Genetec Inc. provides the Portal to you (if using or registering as an individual) or the entity you represent (if using or registering as a business) (“you”) subject to the following terms of use (“Terms”) for your use in connection with our Development Partner Program (“Developer Program”). By visiting the Portal or registering as a user of the Portal, you accept the Terms and represent that you have the authority to bind yourself or the company you represent to the Terms. Please read these Terms carefully. The Terms, together with any SDK Agreement and nondisclosure agreement executed between you and Genetec, constitute the entire agreement between you and Genetec related to your use of the Portal. To the extent that there is a conflict between these Terms and the SDK Agreement, the terms of the SDK Agreement will govern.

No Unauthorized, Unlawful or Harmful Use of the Portal

The Portal is only for your use and you are only authorized to use it in connection with the Developer Program. Genetec grants you a limited, revocable license to access and use the Portal in the course of participating in the Developer Program. You may not use the Portal for any other commercial or non-commercial purposes or in any way that:

  • Is unlawful or harms Genetec, its customers, suppliers or other parties, as determined in Genetec’s sole discretion.
  • Breaches any code of conduct, policy or other notice applicable to the Portal.
  • Could damage, disable, overburden, or impair the Portal (or any network(s) connected to the Portal) or interfere with any other party’s use of the Portal.

Your Account; Changes to Account Settings; User Permissions

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree that you are responsible for all activities that occur under your account or password, including all activities that occur under any user name you grant access to your account. You will ensure that all users granted access to your account comply with these Terms, any SDK Agreement or other agreement related to the Developer Program, and any nondisclosure agreement you enter into with us. If you make changes to your settings or user permissions within the Portal, it may take some time for our system to process the change and you acknowledge that those changes may not take effect immediately.

Changes to these Terms and the Portal

We may in our discretion make any change to these Terms without notice to you. You are responsible for reviewing the revised Terms and/or any applicable postings. Continued use of the Portal or participation in the developer program after such changes or postings will constitute your acceptance of the changes or postings. We may change the Portal or delete any features or functionality, or any aspect of the services, in any way at any time for any reason.

Materials You Post or Provide; Communications Monitoring

The SDK Agreement sets forth our rights related to any product information you post or submit through the Portal. You hereby further agree to defend Genetec (together with our affiliates, vendors, customers, partners licensors and its and their respective directors, officers, employees, contractors, agents and representatives; collectively the "Genetec Parties") from and against any and all claims, suits, demands and csuese of action (each a "Claim") arising from or related to your Submissions, and you further agree to indemnify and hold Genetec Parties harmless from and against any and all damages, losses, costs and expenses (including reasonable attorneys fees) related to such Claims.
For other information and materials you post or otherwise provide to Genetec related to the Portal (a “Submission”), you grant Genetec a non-exclusive, royalty-free, perpetual, irrevocable license to (1) use, copy, distribute, transmit, make available, publicly display, publicly perform, reproduce, edit, adapt, modify, translate, reformat and create derivative works of your Submission, each in connection with the Portal and the Developer Program, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Genetec will not pay you for your Submission and may remove your Submission at any time. For each Submission you provide, you represent that you have all rights necessary for you to grant us the rights provided in this section.

You acknowledge that we will communicate with you primarily via email or by posting notices on the Portal. You agree that all agreements, notices, disclosures and any other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. To the maximum extent permitted by applicable law, Genetec may monitor any electronic communications you make in connection with the Portal and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of Genetec or any third party.

No Warranties

Genetec provides the Portal "as is", "with all faults" and "as available". You expressly agree that use of the Portal is at your sole risk. To the fullest extent permitted by applicable law, Genetec makes no representations, warranties or conditions, express or implied, as to the operation of the Portal or the information, content, or materials included on the Portal and disclaims any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (2) warranties or conditions arising through course of dealing with usage of trade, and (3) warranties or conditions that access to or use of the Portal will be uninterrupted or error-free. Genetec does not warrant that the portal and / or any related services are error-free, will operate without interruptions or downtime, or are free of viruses or other harmful components.

Limitation of Liability

You acknowledge and agree that access to the Portal and any associated services are made available by Genetec for your convenience only. in no event will Genetec be liable for any damages, including without limitation any direct, indirect, consequential, special, incidental, or punitive damages arising our of, based on, or resulting from these terms or your use of the Portal, even if Genetec has been advised of the possibility of such damages. these limitations and exclusions apply without regards to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. without limiting the generality of the preceding sections, you acknowledge and agree that Genetec is not responsible or liable for (1) any content, (2) any third party conduct, transmissions or date, (3) any viruses or other disabling features that affect your access to or use of the Portal, (4) any incompatibility between the Portal, Services, software and hardware, or (5) any delays or failures you may experience in initiating, conductung or completing any transmissions or transactions in connection with the Portal. The limitations, exclusions and disclaimers in these terms apply to the maximum extent permitted by applicable law.

Termination; Access Restriction

If your SDK Agreement terminates or expires, these Terms will automatically terminate. Further, Genetec may terminate these Terms, or terminate or suspend your access to the Portal at any time with or without cause. Upon any termination or suspension of these Terms, your right to use the Portal will cease immediately, and you will not be able to retrieve any information related to your account or the content you would have shared on the Portal. The content would however remain available for the other Portal users. All provisions that reasonably may be construed as surviving these Terms will survive the expiration or termination of these Terms.

Interpreting the Terms; Assignment

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. Genetec may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the Portal. The section titles are solely used for the convenience of the parties and have no legal or contractual significance.