WINDOWS STORE APPLICATIONS: PRIVACY POLICY AND TERMS OF USE

1. INTRODUCTION

PLEASE READ THIS PRIVACY STATEMENT AND APPLICATION TERMS OF USE (collectively as “TERMS OF USE”) CAREFULLY BEFORE USING ANY DEVELOPER EXPRESS INC (“DEVEXPRESS”) WINDOWS STORE APPLICATIONS (“APPLICATION”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE SET FORTH BELOW, DO NOT USE THE APPLICATION. BY ACCESSING OR USING THE APPLICATION, YOU AND THE BUSINESS ENTITY OR THE ORGANIZATION YOU REPRESENT ("YOU" OR "YOUR") INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

2. SCOPE

The TERMS OF USE govern your use of the APPLICATION available via the Windows Store, except to the extent such use is the subject of a separate agreement.

Note that DEVEXPRESS Software Products are governed solely by the License agreements (the "EULA") under which they are sold or licensed. Always check the DEVEXPRESS Software EULA to make certain that neither you nor your software application, infringe the intellectual property rights of DEVEXPRESS or others.

DEVEXPRESS reserves the right to modify and update its TERMS OF USE as needs dictate and as legal requirements are updated. If and when a change is made to our TERMS OF USE, this page will be duly updated to reflect the change.

3. PRIVACY STATEMENT

DEVEXPRESS Respects Your Privacy

All Information DEVEXPRESS collects from you is stored and maintained on servers utilizing reasonable and appropriate data security safeguards. DEVEXPRESS does not lend, lease, sell, or market information it obtains from its customers or those who provide us personally identifiable information. DEVEXPRESS does not disclose purchase information or licensing information to third parties.

DEVEXPRESS may disclose or report Confidential Information in limited circumstances where it believes in good faith that disclosure is required under the law. For example, DEVEXPRESS may be required to disclose Confidential Information to cooperate with regulators or law enforcement authorities, to comply with a legal process such as a court order, subpoena, search warrant, or a law enforcement request. Additionally, if the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Content to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

If you download a DEVEXPRESS APPLICATION from the Windows Store

If you obtain a DEVEXPRESS Windows 10 UWP Demo APPLICATION - including, but not limited to, the UWP Controls Demo and the UWP Hybrid App Demo - you may use the application without submitting any identifying or personal information to DEVEXPRESS. The application is not designed to collect any personal information, nor does it require any such information as part of its functionality.

The application may include links to or aggregate data from other online sources to be used strictly for populating controls with sample data. DEVEXPRESS is not responsible for the privacy practices of such online services and does not verify their content. We encourage you to review the respective privacy statements of such services, as they may differ from ours.

If You Register for Our Support Center

DEVEXPRESS collects information such as Public Name whenever you register and participate in our Support Center discussions. The information we collect may be used to display your information to others when posting on Support Center. If you do not want any personally identifiable information to be made available to others – such as your name – do not register for our Support Center. If you've registered for our Support Center and want to be removed from our user database, write to use at clientservices@devexpress.com or call us in the United States at +1 (818) 844-3383.

4. LEGAL, COPYRIGHT, and TRADEMARK INFORMATION

Unless stated otherwise, all intellectual property rights associated with the APPLICATION and its contents are the sole property of DEVEXPRESS. The content is protected by US and International copyright laws. All DEVEXPRESS Service Marks are so designated and all DEVEXPRESS Products referenced in the APPLICATION are either trademarks or registered trademarks of DEVEXPRESS. All custom graphics, icons, and other items that appear in the APPLICATION are trademarks, service marks or trade dress of DEVEXPRESS and may not be used in any manner without the express written consent of DEXPRESS.

DEVEXPRESS has made every effort to supply third-party trademark information with respect to the APPLICATION. All third party trademarks represented in the APPLICATION may be the property of their respective owners.

Certain features of the APPLICATION may contain other proprietary notices, conditions of use, and copyright information, the terms of which must be observed and followed.

Except for the rights of use and other rights expressly granted by these TERMS OF USE, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the APPLICATION in any manner without the prior written consent of DEVEXPRESS.

5. YOUR SUBMISSIONS

DEVEXPRESS does not wish to receive, act to procure, nor desire to solicit, confidential or proprietary materials and information from you through the use of its website. Any and all materials or information divulged during chats, online discussions, Support Center submissions, or made available to DEVEXPRESS in any manner will be deemed NOT to be confidential by DEVEXPRESS. You acknowledge that submissions to DEVEXPRESS will not be considered confidential or proprietary and that DEVEXPRESS will be under no obligation to keep such information confidential. You further acknowledge that DEVEXPRESS will have an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such materials or information, and you also agree DEVEXPRESS is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. This includes any submissions, changes, updates or corrections made via the Website Localization Service.

6. OUTBOUND LINKS

The APPLICATION may contain links and references to non-DEVEXPRESS Websites and resources (“External Sites”). Links to External Sites may be provided for informational purposes and in no way represent an endorsement or approval by DEVEXPRESS. DEVEXPRESS makes no representations or warranties regarding the validity or quality of any content, software, or service hosted on any External Site. You agree that use of External Sites is done so at your own risk.

7. DISCLAIMER OF WARRANTIES

THE CONTENT PROVIDED IN THE APPLICATION AND ALL RELATED COMMUNICATIONS ARE PROVIDED ON AN "AS IS" BASIS AND ARE FOR INFORMATION PURPOSES ONLY. IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The APPLICATION may contain technical inaccuracies or typographical errors. DEVEXPRESS may make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

8. LIMITATION OF LIABILITY

To the extent permitted by applicable law, in no event shall DEVEXPRESS be liable for any special, incidental, indirect, or punitive and consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the APPLICATION and associated content, even if DEVEXPRESS has been advised of the possibility of such damages.

You understand that the APPLICATIONe may produce inaccurate results. You assume full and sole responsibility for any use of the APPLICATION and bear the entire risk for failures or faults. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND DEVEXPRESS'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL DEVEXPRESS'S LIABILITY EXCEED THE PRICE PAID TO DEVEXPRESS FOR THE SERVICES RENDERED VIA THE WEBSITE.

9. INDEMNIFICATION

You agree to indemnify and hold harmless DEVEXPRESS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this TERMS OF USE.

10. EXPORT RESTRICTIONS

DEVEXPRESS expressly complies with all export restrictions imposed by the government of the United States of America. You must agree not to export or re-export the APPLICATION to any country, person, entity or end user subject to United States export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

11. MISCELLANEOUS

The TERMS OF USE shall be construed, interpreted and governed by the laws of the State of Nevada, U.S.A. The TERMS OF USE gives you specific legal rights; you may have others that vary from state to state and from country to country.

DEVEXPRESS reserves all rights not specifically granted in the Website Terms of Use.

Should you have any questions concerning this TERMS OF USE, or if you desire to contact DEVEXPRESS for any reason, please contact us directly in the United States at +1 (818) 844 3383, or write: Developer Express Inc. Legal department / 505 N. Brand Blvd., Suite 1450, Glendale CA 91203.

12. COPYRIGHT NOTICE

Copyright © 1999 – 2018 Developer Express Inc. All rights reserved.

13. TRADEMARKS

DevExpress(R) and the DevExpress logo, DevExteme(R), TestCafe(R), DevFuel(TM) are trademarks or registered trademarks of Developer Express Inc.

Microsoft, Windows, Windows NT, Visual Studio, Visual Basic, Visual C++, Access, Outlook, Word, Excel, FoxPro, Visual InterDev are trademarks or registered trademarks of Microsoft Corporation.

Apple, iPhone, and iPad are trademarks or registered trademarks of Apple Inc.

Google and Android are trademarks or registered trademarks of Google Inc.

Borland, Delphi, C++Builder, RAD Studio, Embarcadero are trademarks or registered trademarks of Embarcadero Technologies Inc.

Linux® is the registered trademark of Linus Torvalds in the U.S. and other countries.

All other trademarks or registered trademarks are property of their respective owners.