Qt Marketplace usage terms and conditions
Marketplace is a publicly available online service, owned and operated by The Qt Company, through which individuals and companies can promote their libraries, plug-ins, tools, art and other artefacts and any related Documentation (“Extensions”).
Marketplace shall be produced and delivered in accordance with The Qt Company’s then current production methods, procedures and data communication connections and interfaces, which The Qt Company may change at any time and without any notice at its absolute and free discretion.
Please, read these Terms through carefully. By selecting “I accept the Terms”, you are deemed to accept these Terms and to commit yourself to observing them. When representing a legal entity, you should ensure your due authorization to approve these Terms before you select “I accept the Terms”. Otherwise, The Qt Company will hold you, as the User of the Service, as personally responsible for compliance with these Terms.
“Extensions” shall have the meaning set forth in Section 1.
“Publisher” shall have the meaning set forth in Section 3.
“Qt Account” shall mean Your personal account to access the Extensions.
“Taxes” shall mean any duties, customs fees, levies or taxes (other than income tax) associated with the sale of Extension through Marketplace.
“Terms” shall have the meaning set forrt in Section 1.
“The Qt Company” refers to The Qt Company Ltd, Business ID 2637805-2, having its street address at Bertel Jungin aukio D3A, 02600 Espoo, Finland.
3. YOUR USE OF MARKETPLACE AND EXTENSIONS
Qt Account. In order for You to get access to Extensions and make thereto related payments, You must have a valid Qt Account subject to applicable terms thereof. You must keep your Qt account details secure and must not share them with anyone else.
Right of Use. Your right to use an Extension may be subject to additional commercial or open source license terms that you need to accept thus creating a legally binding agreement between You and the relevant right-holder (“Publisher”). The Qt Company is not a party to such an agreement.
Restrictions. You must not:
use the Marketplace or Extensions for any purpose that is unlawful or prohibited under these Terms;
try to get unauthorized access to the Marketplace or someone else’s Qt account through hacking, password mining or any other means; and
use or try to use the Marketplace in any manner that could damage, disable, overburden, or impair the Marketplace or that could interfere with any other party's use and enjoyment of the Marketplace.
Costs. You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with Your use and viewing of Marketplace and Extensions.
Prices. Prices payable on a purchase of an Extension are specified in connection with the relevant Extension, and may be subject to change at any time prior to Your purchase thereof. In addition to price You are responsible for any Taxes and must pay for the Extension without any reduction for Taxes. If The Qt Company or the Publisher is obligated to collect or pay Taxes, the Taxes will be charged to You. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of Marketplace or the purchase of Extension(s) therefrom. Reporting and payment of any such applicable Taxes are your responsibility.
Refunds and returns. Except as may be set out in the respective Publisher’s refund & cancellation policies or any applicable mandatory laws, all sales of Extensions are final, and no returns, replacements or refunds are permitted.
Upon You acquiring an Extension from Marketplace, You accept that The Qt Company may share Your contact information and details about the transaction with the relevant Publisher.
The Qt Company may also use Your contact information to send promotional communications to You.
Whenever a Publisher receives Your personal data either from You or from The Qt Company, the Publisher will process Your personal data pursuant to their applicable Privacy Policies, which they are liable to provide to You.
5. EXCLUSION OR WARRANTIES AND LIMITATION OF LIABILITY
THE QT COMPANY DOES NOT MAKE ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, TRADE USAGE OR TRADE PRACTICE RELATING TO MARKETPLACE, EXTENSIONS OR YOUR USE THEREOF. THE QT COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTEE OR REPRESENTATION IN TERMS OF CORRECTNESS, ACCURACY, NON-INFRINGEMENT, OPERATION AND RELIABILITY OF MARKETPLACE AND EXTENSIONS. YOUR USE OF MARKETPLACE OR EXTENSION IS SOLELY AT YOUR OWN RISK.
THE QT COMPANY SHALL IN NO CASE BE LIABLE IN CONTRACT, TORT OR OTHERWISE FOR ANY LOSS OF REVENUE, PROFIT, BUSINESS OR GOODWILL OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE COST, DAMAGES OR EXPENSE OF ANY KIND HOWEVER CAUSED OR HOWEVER ARISING UNDER OR IN CONNECTION WITH THE MARKETPLACE OR EXTENSIONS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THIS EXCLUSION BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES THE QT COMPANY, ITS EMPLOYEES OR LICENSORS’ LIABILITY SHALL BE LIMITED TO 50 € (FIFTY EUROS).
These Service Terms shall remain valid until The Qt Company changes or terminates them. If the Terms change, You will be given at least 30 days prior notice, and the new Terms will be effective after such notice period.
You are bound by these Terms for as long as You use the Marketplace. If the Terms change, Your continued use of Marketplace following the applicable notice period will indicate your acceptance of the new Terms. The new Terms will apply to all Your subsequent installs or purchases of Extensions. If you do not agree with such changes, you will be given the opportunity to download the Extension You previously purchased or installed and terminate your use.
The Qt Company may, without any liability to You, suspend Your access to the Marketplace if: (1) it is reasonably needed to prevent unauthorized access to data hosted in the Marketplace; or (2) You violate these Terms, the Qt Accounts terms or applicable license terms relating to an Extension, or (3) The Qt Company decides, at its discretion, to discontinue the Marketplace at any time.
7. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed under the laws of Finland, excluding any choice of laws principles. Any disputes that the Parties are unable to settle between themselves, shall be finally resolved in arbitration held in Helsinki, Finland, in accordance with arbitration rules of International Chamber of Commerce (ICC). Arbitration shall be held in English language. The award shall be final and binding on the parties hereto and enforceable in any court of competent jurisdiction. The Parties undertake and agree that all arbitral proceedings conducted with reference to this Section shall be kept strictly confidential and all information disclosed in the course of such arbitral proceeding shall be used solely for the purpose of those proceedings. Notwithstanding the foregoing, nothing in these Terms shall be deemed to limit the Parties' rights to seek interim injunctive relief or to enforce an arbitration award in any court of law.