All earlier SDK versions in the last 3 years are available (including current year) for download, as needed. However, always use the latest SDK version unless you have a specific requirement for an earlier version.
These SDK Terms are in addition to and supplement the SAMSUNG App Developer Terms of Service Agreement ("Developer Terms Agreement"), as provided to You through either from the SAMSUNG App Web Site, or as part of a separate developer service agreement. The terms and conditions of the Developer Terms Agreement shall fully apply to these SDK Terms, save for the exceptions that are explicitly stated in these SDK Terms.
Occasionally SAMSUNG will notify You of any changes or updates to the SDK Terms, the Developer Terms Agreement, or any other applicable legal documents and You will be given an opportunity to review such changes or updates prior to Your acceptance. In the event that You cannot agree to any changes or updates in any applicable legal document, You will immediately cease any and all use of the SAMSUNG TV App SDK and, where applicable, any and all use of the SAMSUNG TV App SDK.
SAMSUNG intends to make all versions of the SAMSUNG TV App SDK available for use, giving You flexibility to choose and allowing you to select the version of Your choice. Such selection should be made wisely based on technical and engineering comparability of Your service and the specifications of the SAMSUNG devices, and it is Your obligation to make sure that Your application and/or service is compatible with the relevant SAMSUNG devices.
YOU SHALL CAUSE AND ENSURE THAT YOU AND YOUR EMPLOYER WILL USE THE SAMSUNG TV App SDK ONLY IN ACCORDANCE WITH THE TERMS OF THESE SDK TERMS.
1.1 As an exception to the Developer Terms Agreement, and subject to Your compliance with the SDK Terms and all other terms of the Developer Terms Agreement, SAMSUNG grants to You a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable license to (i) use the SAMSUNG TV App SDK for the sole purpose of developing App software applications that can interface and communicate with the SAMSUNG Devices, which applications shall only operate within and not outside of the SAMSUNG Devices for the purpose delivering Your service through SAMSUNG App System, SMART TV ("SMART TV Service"); and (ii) make a limited number of copies of the Documentation for your internal use only and solely for the purpose of developing applications with the SAMSUNG TV App SDK.
1.2 As a part of the SAMSUNG TV App SDK, SAMSUNG may provide mobile APIs for Android and/or iOS for the purposes of communicating and operating with the application in the SAMSUNG APP System, SMART TV. Samsung grants to You a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable license to (i) use the mobile APIs for the sole purpose of making mobile App software applications communicate and operate with the relevant application in the SAMSUNG APP System, SMART TV; and (ii) make a limited number of copies of the Documentation for your internal use solely for the purpose mentioned in this clause 1.2.
Without exceptions, You (and Your employees) shall not, directly or indirectly, violate any applicable laws, the rights of others, or the operational and security mechanisms of any third party by use of the SAMSUNG TV App SDK, by use of the Apps You developed or through Your service. Such prohibited conducts shall include, but are not limited to, directly or indirectly:
Further, You agree that You shall not:
3.1 The SAMSUNG TV App SDK is protected under and by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the Republic of Korea, and other countries. SAMSUNG's rights apply to the SAMSUNG TV App SDK and all output and executables of the SAMSUNG TV App SDK, excluding any software components developed by You which do not themselves incorporate the SAMSUNG TV App SDK or any output or executables of the SAMSUNG TV App SDK. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. SAMSUNG owns all rights, title, and interest in and to the SAMSUNG TV App SDK. These terms grant You no right, title, or interest in any intellectual property owned or licensed by SAMSUNG, including (but not limited to) the SAMSUNG TV App SDK and SAMSUNG trademarks.
You acknowledge and agree that SAMSUNG and other SAMSUNG TV App SDK developers (users) may independently develop other applications through their use of the SAMSUNG TV App SDK or otherwise which are identical or similar to Your application in function, code or other characteristics. You agree that You will have no ownership or intellectual property rights in such applications. You further acknowledge and agree that any application developed by SAMSUNG and using the SAMSUNG TV App SDK which may be identical or similar to Your application in function, code or other characteristics will not be deemed to violate in any manner any of your rights in Your application and/or service, and that any such characteristics are coincidental in nature. In this regard, you expressly grant to SAMSUNG a limited, non-exclusive license in and to any proprietary rights you may hold in any application or any usage log data with respect to such application developed by You using the SAMSUNG TV App SDK for purposes of developing, using and exploiting any application or service developed by SAMSUNG using the SAMSUNG TV App SDK. solely for the purpose mentioned in this clause 1.2.
Your license to the SAMSUNG TV App SDK under these SDK Terms continues until it is terminated by either party.
You agree to indemnify, hold harmless and defend SAMSUNG and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at Your expense, against any and all damages, claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by SAMSUNG arising out of or relating to Your (i) violation or breach of any term of these SDK Terms, the Developer Terms Agreement, or any applicable law, regulation, policy or guideline, whether or not referenced herein, (ii) use or misuse of the SAMSUNG TV App SDK, or (iii) violation of any rights of any third party.
THE SAMSUNG TV App SDK, DOCUMENTATION AND SERVICES, INCLUDING THE SITE AND THE SOFTWARE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SAMSUNG MAKES NO WARRANTY THAT (I) THE SAMSUNG TV App SDK, DOCUMENTATION AND/OR SMART TV SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SAMSUNG TV App SDK AND/OR SMART TV SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SAMSUNG TV App SDK, DOCUMENTATION AND/OR SMART TV SERVICES WILL BE ACCURATE OR RELIABLE; (IV) ANY ERRORS IN THE SAMSUNG TV App SDK, DOCUMENTATION AND/OR SMART TV SERVICES WILL BE CORRECTED; (V) THE SAMSUNG TV App SDK AND/OR SMART TV SERVICES WILL INTEROPERATE WITH ANY THIRD PARTY SOFTWARE OR OPERATE IN ANY PARTICULAR HARDWARE, SOFTWARE, OPERATING SYSTEM OR ENVIRONMENT; (VI) ANY APPLICATIONS DEVELOPED USING THE SAMSUNG TV App SDK AND/OR FOR THE SMART TV SERVICES WILL BE THE SAME OR SIMILAR AND ACCURATE AS INTENDED BY YOU; OR (VII) THAT USE OF ANY APPLICATIONS DEVELOPED USING THE SAMSUNG TV App SDK AND/OR FOR THE SMART TV SERVICES WILL BE PERMITTED UNDER THE TERMS OF ANY THIRD PARTY SOFTWARE OR ANY HOSTING SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAMSUNG, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR BUNDLED SOFTWARE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SAMSUNG TV App SDK, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SAMSUNG'S LIABILITY ARISING IN CONNECTION WITH OR UNDER THESE SDK TERMS EXCEED THE GREATER OF ANY FEES PAID UNDER THESE SDK TERMS OR $50.
To the maximum extent permitted by applicable law, You release, and waive all claims against SAMSUNG, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to Your use of the SAMSUNG TV App SDK. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You expressly waive and relinquish any and all rights and benefits which You may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE SDK TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY ACCESSING AND CONTINUING TO USE THE SAMSUNG TV App SDK, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SAMSUNG THE RIGHTS SET FORTH HEREIN.