U1 and Software Centre — Terms of Service

This agreement covers the provision of services (the "services") by Canonical Group Limited ("Canonical", "us", "our" or "we") to you as an individual ("you" or "your"). Your use of the services will be governed by this agreement, along with Canonical's privacy policy. Please read this agreement carefully before you either subscribe to Ubuntu One or use the Ubuntu software centre. By using our services (including purchasing or downloading content and applications), you agree to become bound by the terms and conditions of this agreement.

You must be at least 13 years old to use our services. If you are between age 13 and 18, you confirm that you have your parent's or legal guardian's consent to use the services and that they have read and agreed to this agreement.

Content and applications

Please note that Canonical and certain third parties may make content and applications available to you at no charge. In some circumstances, you may download and install such content and applications with or without an Ubuntu One account.

Where content or applications are purchased from us, they will be available for you to download through your Ubuntu One account. You may re-download your content or application from Ubuntu One or the Ubuntu software centre until we stop providing Ubuntu One or the Ubuntu software centre or until the content or application is removed from Ubuntu One or the Ubuntu software centre.

Each content or application you download or purchase is subject to the terms and conditions or licence set by the content or application provider or developer, which may be presented to you at the time of download or contained in the application.

Third party content and application providers may offer support for their content and applications. Third party content and applications are not supported by Canonical.

These terms do not limit or restrict your rights under any applicable open source software licences. If the content or applications you download are licensed under an open source licence, only that licence applies to such content or applications.

With respect to content and applications under open source licences, you may be entitled to download a copy of the content or application source code, which you may download from our servers or from the content or application author's servers.

Accounts

If you are asked to set up an account for using our service you may be asked to create a password. You are responsible for choosing an appropriate password and for keeping it secure. Canonical representatives will not ask you for your password and you should not reveal it to anyone.

You may cancel your account at any time through the Ubuntu One website or Ubuntu software centre. Where you have an Ubuntu One account you must cancel your service before it renews in order to avoid billing of the next period's fees to your credit card. You will not be charged at the next renewal date, but Canonical does not provide refunds for any previous billing periods or partial billing periods. We will not charge a fee for cancelling your Ubuntu One account.

Fees and payment

The Ubuntu One services consist of a free and paid subscriptions. An Ubuntu One subscription is required for all services and a valid credit card is required for paid subscriptions. If you wish to cease the provision of the paid services, you may do so by cancelling your account. If you cancel prior to the effective date of the increase, you will not be charged the higher fees.

If you purchase content or applications from us, payment for content or applications is due at the time you purchase the content or application. You will be asked to enter your credit card number and we will charge your credit card at the time of purchase. Fees are charged in the currency in which you make your purchase.

Payment for services is handled for Canonical by a third party and your credit card statement may identify Ubuntu One paid subscriptions as "Canonical" or "PayPal". All fees and paid accounts are non-refundable. You are responsible for any foreign transaction fees incurred by your bank.

Termination

We look forward to providing you with services for so long as you wish to have them. However, there are some circumstances under which the service may be terminated.

• In the event that we cannot obtain commercially-practical rates or terms from a supplier, we may cease to offer the services. In this event, we will provide one month's notice via email. We may also cease to offer the services for any other reason, in which case we will provide you with three months' notice (via email). In this event, we will not charge you for services after termination, and will refund any fees paid in advance for services that have not been received.
• If a free account is inactive (i.e., there has been no synchronisation of data such as files, contacts or notes) for 90 days, we reserve the right to delete any and all files. We will notify you via email in advance of taking this action.
• Canonical may remove any information or suspend or terminate your use of the services at any time if Canonical is made aware that you are in breach of any term of this agreement or you are using the services for any activity that may be illegal or in breach of a third party's rights.
• Canonical ceases to make Ubuntu One or the Ubuntu software centre available.

Acceptable use and conduct

All usage of the services must be legal and not infringe any third party's rights. You must not take any action or use the services in any way that might bring Canonical into disrepute, affect the ability of Canonical to provide the services, be illegal, or encourage illegal activities. You may not use the services in any manner that might be libellous or defamatory (more info on what that means), that contains threats or incites violence towards individuals or entities, or that violates the privacy or publicity rights of any third party. We may limit the daily bandwidth and number of downloads/uploads for the services at our discretion where reasonably required from time to time. Some services have usage limitations, and you may not exceed these. As part of the services, you may store data on Canonical's servers or those of Canonical's suppliers. You should ensure that this data is not in breach of any applicable law and does not breach any individual's data protection or privacy rights. You shall indemnify Canonical in full for any loss, cost or damages suffered by it as a result of your use or misuse of the services.

Changes to the services or this agreement

We aim to continually improve the delivery and content of the services and, as a result, will make changes to services from time to time. New features will be continually added, but we also may modify or discontinue (temporarily or permanently) a service, in part or in whole. We may also offer services on a trial basis, in which case your use of those services will be limited to the period of your trial and subject to the terms of the trial. In the event of a material change to the services, we will notify you via email in accordance with our Privacy Policy. What constitutes a material change in this circumstance will be determined by Canonical, in good faith and using common sense and reasonable judgment. Similarly, we may occasionally change the terms of this agreement and will notify you of material changes via email. If Canonical does change the terms of this agreement, all changes will go into effect at the time we post the updated agreement.

Additional terms and payment

Some services or content may be subject to additional terms or may require payment of additional fees. In that event, you will be given an opportunity to review and agree to such terms and fees before using those services or accessing such content.

Intellectual property and software licence

The client software of Ubuntu One is released for free public use under several open source licences, primarily the GPLv3 and Creative Commons licences. See the licence text included with the code for details. Canonical grants you a non-exclusive, personal licence to use the server software while you receive the services from Canonical.

You acknowledge that all intellectual property in the server software provided as part of the services belongs to Canonical or its licensors. You will not acquire any rights to the software or the intellectual property from your use of the services, other than as set out in this agreement and in the software licensing of the distributed client code.

Collection and use of your data

We may collect certain non-personally-identifiable information, which is located on your computer. The information collected may include statistics relating to how often data is transferred, and performance metrics in relation to software and configuration. You agree this information may be retained and used by Canonical. Canonical may disclose any or all personal data and contents you have sent, posted or published if required to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. All other use of your personal data is subject to Canonical's privacy policy.

Third-party content

You may access third-party content and applications in your use of the services. You will not remove any third party's copyright notices or other identifier, except as allowed by the third-party's licence of that content or application. Canonical is not responsible for any content or applications provided by any third party. Should you reasonably believe that any third-party content you access through the service is in breach of any law, regulation or third party's rights, you should notify Canonical in writing at the address below. In doing so, please:

• Identify the material which you believe to be infringing;
• Identify what you believe this material infringes and why;
• Provide your name, email address, address and telephone number;
• Confirm that you believe in good faith that this material is infringing a law or third party's rights and that, to the best of your knowledge, the information you are providing is correct;
• Identify if you are acting on behalf of the third party whose rights may have been infringed;
• Provide your physical or electronic signature.

Limitation of Liability

Software and services provided under this agreement are provided to you as is and with no warranties whatsoever. All implied warranties are excluded to the extent legally permissible. Canonical will provide the services and software using reasonable skill and care. Under no circumstances will Canonical or its suppliers be liable to you for any consequential or indirect loss of profits or economic advantage. Canonical cannot guarantee the connection speed between you and the service and Canonical cannot be held liable for any direct or indirect damage or loss caused by connection speed. Canonical will use reasonable efforts to ensure availability of the services, but makes no guarantee that the services will be available without interruption. Canonical is not responsible for the loss of any of your data or any loss of business or financial disadvantage to you as a result of any loss of or damage to your data as a consequence of your use of the services. You should ensure that you have suitable backups of all data. These limitations of liability do not apply with respect to any death or personal injury as a consequence of the negligent act of Canonical, its employees, suppliers or licensors.

General

This agreement is governed by the laws of England and any dispute will be heard by the courts in England. Notwithstanding the immediately preceding sentence, if you are a citizen of the United States of America, Canada or Mexico (and not a citizen of the United Kingdom), and you are not accessing the service from the United Kingdom, then this agreement is governed by the laws of the State of New York (USA) and any dispute will be heard by the Federal and State courts located in the State of New York (USA). You may not assign this agreement, and any attempted assignment will be void from the beginning. Failure by Canonical to enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. The terms of this agreement do not affect your statutory rights. Any notices should be sent by registered post to Canonical Group Limited, 2nd Floor, Clarendon House, Victoria Street, Douglas IM1 2LN, Isle of Man.