- Company (i) hereby grants to each other user of the RDK Wiki (each a "receiving party") a nonexclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, adapt, publish, display, perform, create derivative works of, and distribute such Submission in connection with the receiving party's Permitted Use of the Integration Kit; and (ii) hereby grants to Comcast a nonexclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, adapt, publish, display, perform, create derivative works of, and distribute such Submission in connection with Comcast's business purposes related to the Integration Kit. If a Submission contains a link to content of a third party, Company shall be responsible for acquiring the third party's consent for creating such link prior to making the Submission available, if the consent is required by applicable law or terms of use of the linked site(s). To the extent a Submission contains feedback or suggestions with respect to features, functionality, performance, modification or improvement of Comcast's or any other party's products or services (collectively, "Feedback"), then Comcast and each other user of the RDK Wiki that received the Feedback may use the Feedback in any manner and for any purpose, without any limitation, liability or obligation to the Company that provided the Feedback or any other person or entity. To the extent any implementation of any Feedback would require a license under any intellectual property rights of Company (or any of its affiliates), Company hereby grants to Comcast and each other user of the RDK Wiki that received the Feedback a nonexclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, fully paid-up license, with the right to sublicense, to such intellectual property in order to make, have made, sell, offer to sell, import, use, modify, create derivative works, sublicense, perform, display, execute, distribute (including through multiple tiers) and reproduce products and services that embody or implement such Feedback.
- Relevance. Comcast desires that the RDK Wiki contain only Submissions related to the Permitted Use. Any use of the RDK Wiki for any other purpose is strictly prohibited. Without limiting the foregoing, Company agrees not to use the RDK Wiki to:
- submit any advertisements or solicitations of business;
- submit any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, "junk mail", "spam", pyramid schemes or any other solicitations or communications, including without limitation spamming Comcast or other users of the RDK Wiki, or use or collect other users' e-mail addresses or phone numbers, or other users' information or postings, or use the site or service to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to the RDK Wiki computer system or any other system of Comcast or any other user;
- disrupt the flow of discussion in discussion boards with vulgar, abusive, or otherwise inappropriate language; or by other means, including but not limited to posting repetitive text;
- send any such messages through the RDK Wiki to any other user that contain vulgar, abusive, or otherwise inappropriate language; or
- compromise the security or integrity of the RDK Wiki or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on the RDK Wiki or its infrastructure, or using any computer programming routine, file, or device to damage or interfere with the operation of the site(s) or services.
- Submissions of Code. Submissions of code or software are welcome, provided that any such code or software that would constitute a "Modification" under the Agreement must be identified as such by Company, and is subject to all other terms of the Agreement with respect to Modifications. To submit a Modification via the RDK Wiki, Company must follow the link provided to the applicable JIRA database for the particular component of the Integration Kit that is the subject of the proposed Modification. If Company makes any Submission that contains or requires any Public Software as defined in the Agreement (e.g., open source software), Company must indentify and disclose with the Submission the Public Software and provide a link to the license terms for such Public Software.
- Ownership. Except for the licenses granted herein, as between Comcast and Company, Company shall remain the owner of all right, title and interest (including any copyrights) in and to any Submissions Company makes to the RDK Wiki. Notwithstanding anything to the contrary herein, ownership of any Modifications shall be as provided under the Agreement.
- Disclaimer of Warranties. Comcast may, but does not assume any obligation to, monitor the Submissions to the RDK Wiki and may delete any Submission in its sole discretion. THE RDK WIKI IS PROVIDED BY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMCAST DOES NOT WARRANT THAT THE RDK WIKI WILL BE UNINTERRUPTED OR ERROR-FREE. COMCAST RESERVES THE RIGHT TO REVISE THE RDK WIKI OR WITHDRAW ACCESS TO IT AT ANY TIME WITHOUT NOTICE TO YOU. COMCAST EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE RDK WIKI. COMPANY EXPRESSLY AGREES AND ACKNOWLEDGES THAT THE USE OF THE RDK WIKI IS AT ITS SOLE RISK. COMCAST DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY SUBMISSION PROVIDED BY OTHER USERS OF THE RDK WIKI.
- Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL COMCAST AND ITS officers, directors, employees, CONTRACTORS, AGENTS, THIRD PARTY SUPPLIERS OR LICENSORS BE LIABLE TO COMPANY OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST REVENUE OR PROFIT, WORK STOPPAGE, OR PRODUCT MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THE RDK WIKI OR ANY USE OF THE RDK WIKI BY COMPANY, EVEN IN THE EVENT THAT COMCAST HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. COMCAST'S AGGREGATE LIABILITY FOR ALL DIRECT DAMAGES ARISING OUT OF OR RELATING TO THE RDK WIKI SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
- Indemnity. Company, and its successors and assigns, shall, jointly and severally, defend, indemnify and hold harmless Comcast and its members, partners, shareholders, directors, officers, employees, agents, Affiliates, licensors, contractors and assignees, or any of them (collectively, the "Comcast Indemnitees"), from and against any and all Liabilities (defined below) arising out
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