GSMA MC LLC and its affiliates (collectively "GSMA") provide the Interoperability Test Suite Portal ("ITS Portal") to You and any other person or entity on behalf of whom you may be acting (collectively "You"). You accept these Terms and Conditions of use ("Terms") as described below. These Terms are entered into by and between GSMA and You (the "Agreement"). Your acceptance constitutes a license that covers Your use of the ITS Portal, use of any data and information contained therein ("Data") and any transactions that You engage in through the ITS Portal. You accept the Terms by using the ITS Portal in any manner. If You do not wish to be bound by these Terms, do not use the ITS Portal.
To be able to use the ITS Portal, You must register for an account and You will be in possession of certain account credentials. You must keep all account and credential information confidential and You must not disclose these to any other individual, whether or not they are part of the same organisation.
You acknowledge, consent and agree that GSMA may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary in GSMA’s opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a user of the ITS Portal, individual or government agency; or (4) protect the rights, property, or personal safety of GSMA, other users of the ITS Portal or the public. You acknowledge, consent and agree that GSMA may publish on other Mobile Connect related sites certain information You or Additional Persons provide to GSMA on the ITS Portal. The ITS Portal specifies which data may be published on the Mobile Connect related sites.
If You are accessing the ITS Portal on behalf of an organisation, You warrant that You are authorized to do so and that You understand and agree that You are binding such organisation to the Terms.
GSMA grants You a non-exclusive, non-transferable, non-assignable licence to use and/or to access the ITS Portal and Data therein. However, GSMA is entitled (in its absolute discretion and without any requirement for explanation) to refuse access to the ITS Portal and Data to any person or entity.
This licence does not grant You any rights to use the GSMA or Mobile Connect name, logo, or trademarks. Data and other information provided on the ITS Portal are the property of GSMA or third parties and are protected by copyrights, trademarks, trade secrets, or other proprietary rights belonging to GSMA or those third parties. You and Your organisation shall comply with all copyright laws worldwide in Your use of the ITS Portal and prevent unauthorized copying of the Data. Except as provided herein, GSMA does not grant You any express or implied right in or under any patents, trademarks, copyrights, or trade secret information in the ITS Portal, Data or otherwise. You may not sell, resell or otherwise make the Data or other information on the ITS Portal available in any manner or on any media to any third party except as permitted by these Terms. You are permitted to view and download the Data and other information on the ITS Portal, but You may do so solely for the purpose of Your checking the compliance of Your identity gateway against the Mobile Connect Profile specifications.
The ownership of all intellectual property rights in the ITS Portal and the Data remains vested in GSMA and no ownership rights are transferred hereunder.
You agree not to use or access the ITS Portal in any manner that could damage, disable, overburden or impair any GSMA server, or any network(s) connecting to any GSMA server, and not to interfere with any other party’s use and enjoyment of the ITS Portal. You may not attempt to gain unauthorized access to the ITS Portal or to any computer systems or networks connected to any GSMA server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ITS Portal.
You agree that when using the ITS Portal, You will not:
You agree that GSMA may immediately discontinue, suspend, terminate, or block Your and any other user's access to the ITS Portal at any time in GSMA’s sole discretion, if GSMA believes that You have violated or acted inconsistently with the letter or spirit of this Agreement, or any additional posted guidelines, rules, and/or terms and conditions applicable to the ITS Portal. You agree that any termination of Your access to the ITS Portal under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that GSMA may immediately deactivate or delete Your password and username and all related information and files associated with it and/or bar any further access to such files or the Data. GSMA shall not be liable to You or any third party for any termination of Your access to the ITS Portal or the Data. The Clauses entitled "Restrictions and Permissions", "No Warranty", "Disclaimers", Limitation of Liability", "Indemnification", “Proper Use”, "General" and any other section that, by its nature, would be intended to survive, shall survive expiration of this Agreement.
GSMA gives no express warranties, guarantees or conditions. To the extent permitted under your local laws, GSMA excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, without limiting the foregoing, GSMA expressly excludes any warranty regarding the accuracy or reliability of the information and Data contained in the ITS Portal as well as regarding any functionality that the ITS Portal provides. Such information, Data and functionality are provided on a best efforts basis.
Your decision regarding whether to use and, if so, how to use the ITS Portal and the Data is Yours alone. GSMA’s liability to You under this Agreement will not exceed $100 (One Hundred US Dollars). This limit does not apply to any liability GSMA may have for death or personal injury resulting from GSMA’s negligence. Any third party that has been contracted by GSMA to provide any information, data or other inputs used by or in the ITS Portal (a “Third Party”) shall have no liability to You under any circumstances under this Agreement or as a result of Your use of the ITS Portal or the Data contained therein. In no event, whether based in contract, tort or howsoever arising, shall GSMA or a Third Party be liable for incidental, indirect, special or consequential damages of any kind or for loss of profits or revenue or loss of business arising out of, or in connection with Your use of the ITS Portal or this Agreement whether or not GSMA or a Third Party, or both of them, was advised of the possibility of such damage.
You agree to indemnify, defend, and hold harmless GSMA, its affiliates, agents, employees, and licensors and any Third Party from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to Your use of the ITS Portal, or use of the Data, violation of this Agreement, or any violation by You of any law or regulation or violation of any proprietary rights in connection with Your use of the ITS Portal or Data.
This Agreement constitutes the entire Agreement between GSMA and You with respect to this ITS Portal, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and GSMA with respect to this ITS Portal. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms are subject to change by GSMA without notice. All amended Terms shall automatically be effective 30 days after they are initially posted on the ITS Portal. It is Your responsibility to return to these Terms from time to time to review the most current version. GSMA does not and will not assume any obligation to notify You of changes to the Terms. This Agreement may not be otherwise amended except in a writing signed by You and GSMA.
The construction, validity and performance of this Agreement are exclusively governed by the laws of the State of Georgia, USA and the parties submit to the exclusive jurisdiction of the courts of the State of Georgia, USA.