Lens API Developer Agreement
WELCOME TO DEVELOPERS!
This Developer Agreement, together with any other agreements or additional terms incorporated by reference, including the Privacy Policy (the "Agreement") is entered into by and between Plantronics, Inc., a subsidiary of HP Inc., ("Poly"), and the person or legal entity that uses the Services, as defined herein ("Developer" or "You") (collectively "Parties").
Poly shall provide to Developer, access to certain Services available at https://developer.poly.com/, including but not limited to associated websites, platforms, portals, programmatic interfaces (“APIs”), software development kits ("SDKs"), software, information, documentation, and other code or capability provided by Poly (collectively the "Services"). By using the Services, you are agreeing to the terms in this Agreement.
If You are using the Services on behalf of your employer, you hereby represent that you are authorized by your employer to bind it to the terms of this Agreement. If your employer does not agree, you must not accept the terms of this Agreement.
As a Developer, you will also have the opportunity to communicate with other developers on a forum portal (the “Forum”). By participating in the Forums, you are agreeing to comply with Poly’s Rules of Participation.
Our Services are diverse, and therefore additional terms may apply. Any such additional terms will be available for You to review when You sign up for the relevant Services. Those additional terms shall be incorporated into this Developer Agreement by this reference, and You shall be bound by the terms upon your use of the relevant Services. If there is a conflict between those additional terms and the terms contained in this Agreement, the additional terms shall govern as to the applicable Service.
Poly may amend the terms of the Agreement at any time in its sole discretion, and Developer agrees that its use of the Services shall be governed by the most recent version of the Agreement.
The Parties may, at any time, agree to a separate written commercial agreement which by its terms may supersede the terms of this Agreement.
USING THE SERVICES, PRIVACY AND COMMUNICATIONS
Poly hereby grants to Developer, and Developer hereby accepts, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services. Developer may use the Services for its own internal purposes, and/or distribute the applications created by use of the Services in connection with Developer’s commercial products, subject to the terms set forth in this Agreement.
In order to use the Services, Developer must register to establish an account (your “Account”). Poly collects only requests and collects the information necessary to provide registered users access and service. Poly may collect personal information including your (i) data provided by you on registration for the Services and (ii) Internet Protocol address or other unique identifier information associated with your use of the Services. As well as providing the upgrades and related support or other services, this data may be used for sending marketing communications to you (in each case with your express consent where required by applicable law). By registering with Poly to use our Developer information, tools and kits creates no legal partnership or agency relationship between you and Poly. Developer agrees not to represent otherwise.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT USERNAMES AND PASSWORDS. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. You must notify Poly immediately of any unauthorized use of your Account or any other breach of security.
If you choose to close or terminate your Account, you will no longer be able to access the Services or any associated content. The deletion of your Account may be restricted based on contract or other legal requirements. Please contact Poly for further information.
Poly may from time to time send you communications, unless you have opted not to receive them. You may opt-out of communications at any time via the unsubscribe link at the bottom of a corresponding email. Poly may use cookies and other web technology tools to collect anonymous technical information related to the Services. This data may be used to provide the upgrades and related support or other services. You may opt-out of use of cookies through the security settings in your browser.
For more information please review Poly Privacy Statement located at https://www.hp.com/us-en/privacy/privacy.html.
RESTRICTIONS ON USE
(a) Developer shall not assign any rights provided under this Agreement to any third-party, use the Services with any software released under “open source,” or distribute any portion of the Services on a standalone basis. Developer's right to use the Services is specifically limited to the terms as described herein.
(b) Developer shall not (1) remove, destroy or alter any proprietary markings or confidential legends placed upon or contained within the Services; (2) modify the Services in any fashion; (3) perform and/or publish any benchmark or performance testing, (4) publish information provided by the API in a bulk format, (5) use the API in conjunction with deep packet inspection and/or any form of network surveillance technology; to monitor Internet and/or other telecommunications traffic, or (6) decompile, disassemble or reverse engineer the Services.
(c) Developer acknowledges that Developer’s use of the Services may be monitored, tracked, and characterized and that Poly shall have no confidentiality obligations with respect to that data unless otherwise specified herein.
(d) Developer must comply with all domestic and international laws and regulations, including United States export laws and regulations, that are applicable to its use of the Services.
(e) Developers shall not create any application, program or work product of any kind, or post, transmit, distribute, print or otherwise store content utilizing the Services which reasonably could (1) be considered defamatory, libelous, hateful, vulgar, pornographic, obscene, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing or harmful to any individual, partnership, or corporation, or invasive of another's privacy, (2) infringe on the proprietary rights of a third party, (3) violate or otherwise encroach on the rights of others, (4) contain viruses, worms, corrupt files or other content which may compromise the Services, (5) advocate or support illegal activities, (6) intentionally or unintentionally violate any applicable law, or (7) subject Poly to any legal liability.
(f) The Developer shall ensure that all data and information stored, indexed, retrieved or otherwise caused to be processed by the Services by or at the instruction of the Developer is obtained, transferred, used and/or held within the law of both the United States and any jurisdiction applicable to the Developer and/or any such data and information, that the Developer has obtained and maintains any and all required and appropriate permissions of the owner(s) and/or subjects of such data and information, to store, index, retrieve or otherwise process such data and information.
(g) The Developer shall obtain all permissions required before causing the Services to interact with any external systems whether controlled by the Developer or a third-party. The Developer shall not use the Services in any manner that would cause interference or damage to Poly’s systems or any external system.
(h) In addition to the above, if Developer uses and/or distributes the Services in connection with its commercial products, Developer:
i. may not use the Services to create, or in connection with, products or applications that offer or promote services and/or products competitive with Poly or its affiliates, including any and all products and/or services marketed thereby;
ii. may not use the Services in connection with offering or promoting services and/or products that are damaging to, disparaging of, or otherwise detrimental to Poly, or its respective licensors, licensees, subsidiaries, affiliates and partners;
iii. will conform to all marketing and branding guidelines relating to the Services, as set forth in the Agreement and as amended and agreed to or acknowledged by Developer by using the Services; and
iv. may not proxy, repackage or otherwise provide the Services in any manner that, by an objective examination of product features, represent a significant enhancement of the Services, and does not result in an application substantially different from the Services as provided directly by Poly.
** WARRANTIES AND DISCLAIMERS Poly may respond to reported problems that are directly related to the Services but has no obligation to respond within a particular time frame. Poly is not obligated to provide Developer, its customers or any other third-party updates, upgrades, enhancements or modifications to the Services. Developer is solely responsible for providing support for its products.
Poly retains all right, title and interest (including all copyright, trademark, trade secret, and any other applicable intellectual or industrial property rights) in and to the Services. Developer shall clearly identify all Services as the property of Poly. Developer shall not offer, loan, encumber, sell, or otherwise transfer the Services to any third party. Any works, including, without limitation, modules, code, tools, concepts, techniques, inventions, discoveries or improvements that are conceived, made, developed or reduced to practice by Poly with respect to the Services ("Works") shall be owned by Poly. Developer shall reasonably assist Poly to protect Poly's title in and to the Works and, where applicable, to enable Poly to obtain and maintain copyright or other legal protection for the Works. Developer acknowledges and agrees that any feedback, including but not limited to alterations, derivative work, comments, or suggestions it may provide regarding the Services shall be Poly's sole and exclusive property, and Developer hereby irrevocably assigns to Poly all its rights, title, intellectual property, and interest in all feedback. Notwithstanding anything to the contrary in the Agreement, nothing herein shall prevent Poly, its associates, partners, resellers or customers from implementing or independently creating the same or similar functionality as that provided and/or created by Developer using the Services. Subject to the rights of Poly in the Services, Poly claims no ownership of work product created by Developer using the Services, to the extent that such work product does not include any portion or intellectual property of the Services.