UNIVERSITY OF ARIZONA (“UA”) MOBILE APPS SITE --
RULES FOR DEVELOPERS OF MOBILE DEVICE APPLICATIONS
1. Relationship with UA.
All developers of Mobile Device Applications (“Developers”), as a condition of having their mobile device applications (“Applications”) be considered for or listed on the UA Mobile Apps Site, are required to comply with these Rules, including any and all modifications or amendments of these Rules adopted by UA from time to time. No legal partnership or agency relationship is created between Developers and UA, and neither Developers nor UA is a partner, an agent or has any authority to bind the other to any understandings or agreements with any other persons or entities. Developers must be of the legal age of majority in the jurisdiction in which Developers reside (at least 18 years of age for residents of Arizona). By submitting an Application to UA for consideration and possible selection for distribution via the UA Mobile Apps Site, Developers represent and warrant that they have fully complied with, and will continue to comply with, with these Rules for so long as their Application is under consideration for, or is included as part of, the UA Mobile Apps Site.
2. Developer Benefits.
Developers may be provided with the opportunity to attend UA-sponsored developer conferences, technical talks and other events (including online or electronic broadcasts of such events), and UA may offer to provide Developer with certain services solely for Developer’s own use in connection with their Application. UA may change, suspend or discontinue providing such services and events at any time, and may impose limits on the availability or use of certain features and materials made available to Developers, without notice or liability. Unless otherwise agreed or permitted by UA in writing, Developers cannot share or transfer to any other person or entity any of the benefits that Developers may receive from UA in connection with their participation in the UA Mobile Apps Site.
3. Developer Responsibilities.
3.1 Developers are solely responsible for ensuring, at their expense, that their Applications comply with all applicable laws and regulations, and with the policies of The Arizona Board of Regents and The University of Arizona.
3.2 Developers will not be permitted to use or exploit the UA Mobile Apps Site in any way that is not authorized by the UA, including but not limited to, by trespass and burdening network capacity or use other than for authorized purposes. Developers may not decompile, reverse engineer, disassemble or attempt to derive the source code of any software or security components of the UA Mobile Apps Site, including but not limited to any UA- implemented system alerts, warnings, display panels, consent panels and user notifications. Use of the UA Mobile Apps Site to defeat, tamper with, or circumvent the security of computer networks, software, passwords, encryption codes or technological protection measures, or to otherwise engage in or facilitate any kind of illegal activity is prohibited.
3.3 Developer’s Applications shall not contain any malware, malicious or harmful code, program, or other internal component (e.g. computer viruses, trojan horses, “backdoors”) which could damage, destroy, or adversely affect UA’s or any other person’s or entity’s services, applications, software, firmware, hardware, data, systems, services, or networks. Developer’s Applications shall not perform any functions or link to any content, services, information or data or use any robot, spider, site search or other retrieval application or device to scrape, mine, retrieve, cache, analyze or index software, data or services provided by or through the UA Mobile Apps Site
3.4 Developer’s Applications may be excluded from the UA Mobile Apps Site if they contain content or materials of any kind (advertisements, text, graphics, images, photographs, sounds, etc.) that in UA’s sole judgment may be found objectionable or inappropriate, for example, materials that may be considered obscene, pornographic, or defamatory.
3.5. Without limitation of any of the foregoing responsibilities, or of any other provisions of these Rules, Developers are solely responsible for ensuring that their Applications:
• Comply with all applicable privacy and data collection laws and regulations related to the collection, use or disclosure of user or device data;
• Are not designed or marketed for the purpose of harassing, abusing, spamming, stalking, threatening or otherwise violating the privacy, personal or property rights of others;
• Comply with all applicable FDA and other laws, regulations and policies related to the manufacturing, marketing, sale and distribution of medical applications and devices in the United States and in all other countries and territories where Developers make such Applications available;
• Comply with all applicable laws and regulations regarding advertising, marketing and promotions (including without limitation, those related to children’s advertising, sweepstakes and contest promotions, registration and prize fulfillment);
• Comply with all applicable export control laws (e.g., ITAR, EAR and OFAC); and
• Comply with all applicable patent, copyright, trade secret and other intellectual property laws, and license agreement terms and conditions, in all countries and territories in which their Application is made available.
4. User or Device Data Collection.
Any form of user or device data collection, or image, picture or voice capture or recording (collectively “Recordings”), and any form of data, content or information collection, processing, maintenance, uploading, syncing, storage, transmission, sharing, disclosure or use performed by, through or in connection with Developer’s Applications must display a conspicuous audio, visual or other indicator that indicates to the user when such Recordings are taking place. Developers may not collect user data (including but not limited to user log-in credentials, personal identifying information, passwords, etc.) through their Applications or other use of the UA Mobile Apps Site without prior user consent. Any such consent must be 1) conspicuous, 2) require an affirmative act on the part of the user, and 3) must provide enough information such that the user’s affirmative response is sufficiently informed. In addition, users must be informed about the use of analytics software to collect device and browsing metadata to be used for program analytic purposes.
An example of such a notification with response may read: “This application collects personal identifiable information, possibly including, but not limited to, names, email addresses, or billing information. Please indicate below whether you consent the data collection described.”
An example of a notification not requiring response may read: “This application collects device and browsing metadata. This data collection does not include Personally Identifiable Information (such as names, email addresses, or billing information.) Please discontinue use and uninstall this application if you do not want to share such information.”
Developers must take appropriate steps to protect such data from unauthorized use, disclosure or access by third parties, and may not use analytics software services in their Applications that do collect and send personally identifiable information to a third party per their terms of service. If a user ceases to consent or affirmatively revokes consent for Developer’s collection, use or disclosure of his or her user or device data, the Developer must promptly cease all such use.
5. Developer Use of Location-Based Services.
5.1 Applications that use the APIs for Google Mobile Maps (GMM) or other location-based services, or that otherwise provide location-based services or functionality, may not be designed or marketed for automatic or autonomous control of vehicles, aircraft, or other mechanical devices; dispatch or fleet management; or emergency or life-saving purposes. In addition, Applications that offer location-based services or functionality must notify and obtain consent from the affected individuals before their location data is collected, transmitted or otherwise used by the Application. For Applications that use location-based APIs for real-time route guidance (e.g., turn-by-turn route guidance and other routing that is enabled through the use of a sensor), Developers must have an end-user license agreement that includes substantially the following notice: “USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT THE USER’S SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. The Arizona Board of Regents, The University of Arizona, and their personnel expressly disclaim, and shall not be responsible for, any loss, injury or death that may be caused by the use of this Application.”
5.2 In addition to the foregoing paragraph, Developer will ensure that use of any third party location-based services shall comply with such services’ terms and conditions of service, and all limitations and restrictions therein. Developer’s use of such location-based services in any of their Applications will constitute Developer’s acceptance of the service provider’s terms and conditions of service.
6. Health, Medical and Related Apps.
Developers shall be solely responsible for compliance with all applicable laws, regulations, and policies related to the manufacturing, marketing, sale and distribution of Applications that are subject to the requirements of the U.S. Food and Drug Administration ("FDA"). The listing of such Application on the UA Mobile Apps Site shall not grant Developer any license or right, express or implied, to seek regulatory marketing permissions or make any determinations in connection with such Applications that may result in any products or intellectual property owned by The Arizona Board of Regents or the University of Arizona being deemed regulated, or that may impose any obligations or limitations on the Arizona Board of Regents, the University of Arizona, or their personnel. Developers will market such Applications only within cleared or approved intended use/indication for use, and only in strict compliance with applicable regulatory requirements. Developer shall include a prominent disclaimer as part of such Applications that includes substantially the following notice: “Use of this Application is at the user’s sole risk. The Arizona Board of Regents, The University of Arizona, and their personnel expressly disclaim and shall not be responsible for any loss, injury or death that may be caused by the use of this Application.”
7. Open Source Software.
If an Application includes any free open source software (“FOSS”), the Developer is solely responsible for compliance with all applicable FOSS licensing terms. Developers shall not use any FOSS in the development of Application in such a way that would cause the non-FOSS portions of UA Mobile Apps or any of its licensed apps, software or other content to be subject to any FOSS licensing terms or obligations.
8. Social Media Networking Services.
If Developer’s Application accesses any social media networking services (e.g., Twitter, Facebook, etc.) through such service’s API, Developer shall be solely responsible for compliance with all terms and conditions required by such networking services. If Developers do not accept all of the terms and conditions of such services, including all limitations and restrictions therein, Developer’s Application may not access such social media networking service through the use of the network service provider’s API. Developer’s use of the API of any social media networking services in an Application will constitute Developer’s acceptance of all terms and conditions required by the applicable networking services.
9. Charitable Donations.
If Developer’s Application includes the ability for an end-user to make a charitable contribution, such Application must include a direct link to a page on the Developer’s web site and the Developer will be solely responsible for compliance with applicable laws, and for the fulfillment of all registration, reporting and other requirements, in the country or territory where Developer’s Application enables the charitable contribution to be made. Developers must include a prominent disclaimer as part of such Application that includes substantially the following notice: “The Arizona Board of Regents, The University of Arizona and their personnel are not the sponsors of this Application, nor have they authorized or endorsed any fund-raising activities, charities or causes, either directly or by implication.”
10. Data Intensive Services.
Developers acknowledge that some mobile network operators may prohibit or restrict the use of data intensive services over their network (including, but not limited to, streaming, mobile data uses, Voice over Internet Protocol (VoIP) functionality, etc.), and may impose additional fees, or other charges in connection with data intensive services. Developers are solely responsible for advising their Application’s end-users of to check the terms of agreement with their carrier for excessive data usage fees, prohibitions, restrictions, and other requirements. If Developer’s Application allows end-users to send SMS messages, the Developer also must inform the end-user, prior to use of such functionality, that standard text messaging rates or other carrier charges may apply to such use.
11. Push Notifications and Local Notifications.
Developers of Applications that use Push Notifications or Local Notifications (as such terms are defined below) in connection with Applications listed on the UA Mobile Apps Site must provide the end-users of such Applications with the option to de-activate Push Notifications and Local Notifications. “Push Notification” means a message, including any content or data therein, that Developers transmit to end-users and that is delivered in an Application. “Local Notification” means a message, including any content or data therein, that an Application delivers to end-users at a pre-determined time or when the Application is running in the background and another application is running in the foreground.
12. Reservation of ABOR and University Intellectual Property Rights.
The inclusion of Developer’s Application as part of the UA Mobile Apps Site does not constitute any express or implied right or license to incorporate or make use of any intellectual property owned by The Arizona Board of Regents, on behalf of The University of Arizona, all of which rights are expressly reserved. Developers are required to follow The University of Arizona’s policies and guidelines for the acceptable use of UA’s names, logos, trademarks, trade dress and service marks (“UA Marks”), as adopted and modified by UA from time to time. Developers are not authorized to use the UA Marks to advertise or promote their products or services, unless authorized in advance by UA in a separate writing for each instance.
Developers agree that any information disclosed by UA to Developers that is identified in writing as confidential Information (“Confidential Information”) will be handled by Developers as provided in this paragraph. Notwithstanding the foregoing, the confidentiality restrictions of the paragraph do not apply to: (i) information that is generally and legitimately available to the public through no fault or breach of Developer; (ii) information that is generally made available, or is required by law to be made available, to the public by UA; (iii) information that is independently developed by Developer without the use of confidential information; or (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to Developer without breaching confidentiality. Unless otherwise agreed in writing by UA, Developers will not disclose, publish, or disseminate Confidential Information to anyone other than to Developer’s employees and contractors who agree to be bound by these confidentiality restrictions; and then only to the extent necessary for their performance of their employment or contractual obligations. Developers shall take reasonable precautions to prevent the unauthorized use, disclosure, publication, or dissemination of Confidential Information. Since unauthorized disclosure or use of Confidential Information could cause irreparable harm and injury that is difficult to ascertain, in the event of an alleged breach of these confidentiality obligations, UA or its designees will be entitled to seek injunctive relief in addition to any other available rights and remedies. If Developers are required by law or by order of a court of competent jurisdiction to disclose Confidential Information, Developers may make such disclosure only after providing UA with prior written notice of such legal, and Developer must use reasonable efforts to limit such disclosure by seeking a protective order or other confidential treatment of Confidential Information.
14. Amendment of Rules.
UA reserves the sole discretion to amend and modify these Rules from time to time (“Amended Rules”). Amended Rules are hereby incorporated by reference and made part of these Rules. Developers will be responsible for reviewing and becoming familiar with all Amended Rules, and Developer’s continued use of the UA Mobile Apps Site after the UA’s adoption of Amended Rules will indicate Developer’s acceptance of such Rules.
Developers may terminate their participation in the UA Mobile Apps Site at any time, for any reason, by notifying UA in writing of Developer’s intent to do so; and UA will remove Developer’s App from the UA Mobile Apps Site promptly after receipt of such notice. UA may remove Developer’s App from the UA Mobile Apps Site at any time in UA’s sole discretion, without notice or liability to Developer.
16. Disclaimer of Warranties and Liability.
UA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE UA MOBILE APPS SITE, INCLUDING ANY SERVICES OR BENEFITS MADE AVAILABLE TO DEVELOPERS. THE UA MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE UA MOBILE APPS SITE WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. ACCESS TO THE UA MOBILE APPS SITE IS PROVIDED TO DEVELOPERS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. UA CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) THAT DEVELOPERS ACCESS OR DOWNLOAD WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, UA DOES NOT GUARANTEE ANY RESULTS, OR IDENTIFICATION OR CORRECTION OF PROBLEMS, AND DISCLAIMS ANY LIABILITY RELATED THERETO. UA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES. DEVELOPERS ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FROM THE INCLUSION OF THEIR APPLICATIONS ON THE UA MOBILE APPS SITE. DEVELOPERS’ SOLE REMEDY FOR DISSATISFACTION WITH THE UA MOBILE APPS SITE IS TO STOP USING THE SITE. TO THE EXTENT ALLOWABLE BY LAW, UA DISCLAIMS LIBABILITY FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE INCLUSION OF DEVELOPER’S APPS ON THE UA MOBILE APPS SITE AND THE RELATED SERVICES AND BENEFITS PROVIDED BY UA, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM DELAY OF DELIVERY, LOST PROFITS, DATA, BUSINESS OR GOODWILL, ON ANY THEORY OF LIABILITY WHETHER ARISING UNDER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, AND WHETHER OR NOT UA IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Last revised 05/07/2013