[Scummvm-devel] BADA / Wave S8500 port

[Chris Warren-Smith]

Hi Everyone,

I am creating a "Samsung Apps, Seller Office" account in preparation
for eventually listing the bada port on the Samsung app-store. I am
not quite sure about some of their T+C's in relation to ScummVM. Could
you please read the text below and let me know if you see any
problems.

Thanks,
Chris

===============================================================
https://seller.samsungapps.com/

Excerpt from "Samsung Service Terms and Conditions"

11. Content license from you
        11.1 You retain copyright and any other rights you already
hold in Content which you submit, post or display on or through, the
Services. By submitting, posting or displaying the content you give
Samsung a perpetual, irrevocable, worldwide, royalty-free, and
non-exclusive license to reproduce, adapt, modify, translate,
digitize, publish, publicly perform, publicly display and distribute
any Content which you submit, post or display on or through, the
Services. This license is for the sole purpose of enabling Samsung to
display, distribute and promote the Services and may be revoked for
certain Services as defined in the Additional Terms of those Services.
        11.2 You agree that this license includes a right for Samsung
to make such Content available to other companies, organizations or
individuals with whom Samsung has relationships for the provision of
syndicated services, and to use such Content in connection with the
provision of those services.
        11.3 You understand that Samsung, in performing the required
technical steps to provide the Services to our users, may (a) transmit
or distribute your Content over various public networks and in various
media; and (b) make such changes to your Content as are necessary to
conform and adapt that Content to the technical requirements of
connecting networks, devices, services or media. You agree that this
license shall permit Samsung to take these actions.
        11.4 You confirm and warrant to Samsung that
            (A) you have all the rights, power and authority necessary
to grant the above license:
            (B) any Content you submit will not infringe any third
party intellectual property or other third party rights;
            (C) the Content shall not contain any material which is
harmful, inaccurate, pornographic, abusive, obscene, threatening,
defamatory, or which is otherwise illegal or which does not comply
with Samsung’s Content guidelines;
            (D) the Content will not contain any viruses or other
harmful code or devices which could damage any device accessing such
Content and you shall indemnify Samsung (and its Subsidiaries and
Affiliates) against any cost, loss, damage, liability or expense
incurred by Samsung (and its Subsidiaries and Affiliates) as a result
of any breach of these warranties.

Excerpt from "Terms and Conditions"

9. Representation and Warranties

 You represent and warrant to Samsung and its affiliated companies that:

    9.1 You have the power and authority to enter into this Agreement
and to fully perform your obligations under this Agreement.
    9.2 The Application is your own original work and does not violate
any Samsung or third-party intellectual property rights, and you have
obtained any and all consents, approvals or licenses (including
written consents of third parties where applicable) required for you
to submit and license your Application under this Agreement and for
your Application to access any Internet-based services, if any, to
which the Application enables access.
    9.3 Listing, marketing, distribution, installation and use of your
Application in the STORE does not violate any agreements to which you
are a party or of which you are otherwise aware; If your Application
includes any open source software, your Application complies with any
corresponding license obligations for such open source software.
    9.4 Your Application does not contain any viruses, hidden content
or other malicious applications (including, for example, any "trap
doors," "worms," "Trojans," or "time bombs") or other unauthorized or
hidden programs, and your Application does not collect any user
information for which you have not obtained the buyer's consent.
    9.5 Your Application does not contain any unauthorized third party
content or prohibited content (as identified in the Documentation) and
otherwise complies with the Documentation and with the applicable laws
of each jurisdiction, including any US or foreign export control laws,
to which you are submitting the Application for distribution; For the
avoidance of doubt, your Application does not (i) depict explicit
sexual activity; (ii) depict or endorse acts that cause or are
intended to cause excessive pain or suffering; (iii) promote or
endorse the misuse of alcohol, tobacco, illegal drugs or other
addictive substances; (iv) promote intolerance or discrimination based
on racial, political, ethnic, religious, gender or sexuality; (v)
promote invasion of rights or privacy; (vi) promote gambling or (vii)
promote illegal activity.
    9.6 You are 18 or over on the date you submit your Application to Samsung.
    9.7 The information you provide to Samsung under or in connection
with this Agreement is true, accurate, current and complete.
    9.8 You shall use the Services only for purposes that are
permitted by the Terms and applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdiction.
    9.9 If you use the Services to distribute the Application, you
shall protect the privacy and legal rights of users. If the users
provide you with, or your Application accesses or uses, users names,
passwords, or other login information or personal information, you
must make the users aware that the information will be available to
you and/or your Application, and you shall provide legally adequate
privacy notices and protection of that information for those users.
Further, your Application may only use that information for the
limited purposes for which the user has given you permission to do so.
    9.10 You shall not engage in any activity with the Services,
including the development or distribution of any Applications that
interferes with, disrupts, damages, or accesses in an unauthorized
manner the devices, servers, networks, or other properties or services
of any third party including but not limited the STORE users, Samsung
or any mobile network operator.
    9.11 You shall not use customer information obtained from the
Services to sell or distribute the Application without using the
Services or STORE.
    9.12 You agree to defend, indemnify and hold harmless Samsung and
its affiliated companies from and against any and all third party
claims and all liabilities assessments, losses, costs or damages
resulting from or arising out of your breach of the Terms, this
section 9 and/or misuse of the Services by a third party where such
misuse was caused in whole or in part by your failure to take
reasonable measures to protect your username and passwords against
misuse.