HTC Preview

This HTC Trial Program Agreement (the "Agreement") governs Your participation in any HTC User Trial Program (the "Program"). The Program may provide You with access to HTC devices, functionality and/or HTC applications before HTC releases them to the public. This Agreement contains the terms and conditions pertaining to Your participation in the Program, including the responsibilities and obligations to which You are bound under the Program. You and HTC agree as follows:

I.		Defined Terms
	a.	"Confidential Information" means: all pre-release HTC devices, HTC launched devices, and any accompanying documentation, information, software, applications, hardware, firmware (including ROM Code), descriptions, photographs, renderings, specifications, screen shots or UI information and images of pre-release and launched devices or user-interfaces, and any updates ("Device(s)"), any pre-release HTC applications, features, or functionality, and technical, non-technical, and commercial information or material in any form or media, regardless of whether marked as confidential, related to HTC’s business and its current, future, and proposed products and services, including, but not limited to, ideas, concepts, trade secrets, specifications, layouts, designs, appearances, know-how, product code names, commercial release product names, market strategies, products, samples of products, research, development, customer lists, sales information, marketing plans and business plans, and information about customer(s) or vendors. Confidential Information does not include information which (i) is disclosed to You by a third party not in violation of any obligation owed to HTC, (ii) is now or hereafter becomes available to the public through no fault of Yours, or (iii) is previously known to You other than as a result of a breach of confidentiality by You or another. You shall bear the burden of proof with respect to establishing that any of the exceptions above applies.
	b.	"Feedback" means phone logs, usage data (including personalized usage data or usage data attributed to you specifically), error reporting, survey responses, automated reports, and Your oral or written comments, suggestions, analysis, and responses.
	c.	"Personally Identifiable Information" or "Personal Data" means any information which separately or taken together can reasonably identifiable an individual. Personally Identifiable Information for the purposes of this Agreement includes name, address, contact information (such as email address or phone number), device identifiers (such as make, model, serial number, IMEI), date of birth, certain biometric data (such as fingerprint), geolocation data, and demographic data (such as gender, marital status, and country of residency).
II.		Participant Responsibilities
	a.	Confidentiality Obligations
		You acknowledge that the Confidential Information You receive from HTC is a valuable proprietary asset and constitutes HTC trade secrets. You must keep the Confidential Information given to You private and confidential at all times. Any reproduction, copy, or summary of Confidential Information, however received, is Confidential Information under this Agreement.
	b.	Feedback
		By entering into this Agreement, You agree to provide Feedback to HTC when requested or as may be automatically collected by HTC Devices, applications, and functionalities. HTC may use Your Feedback to further improve or enhance its technology. You hereby assign to HTC the Feedback (including all intellectual property rights contained therein and any modification or improvements thereof, by whomever made). You agree to take any action requested by HTC to evidence, perfect, obtain, maintain, enforce, or defend the foregoing rights assigned, at HTC’s expense.
	c.	Personally Identifiable Information
		By entering into this Agreement, You agree that HTC may collect certain Personal Data about You as part of the Program. Personal Data will be used for the purposes of improving HTC’s products, services, offers, and HTC marketing programs and for no other purposes. All Personal Data collected pursuant to the Program and this Agreement shall abide by HTC’s Privacy Policy, as may be updated from time to time. The most current version of HTC’s Privacy Policy can be found at http://www.htc.com/us/terms/privacy/.
	d.	Participation Requirements
		•	You agree to the capture of error reporting and Your usage information through Tell HTC and You understand and agree that Tell HTC and other programs that gather information on Your use of the Device, applications and functionalities will be running on the Device. You must not disable these tools.
		•	You will not disclose, publish, disseminate, or otherwise communicate, in any manner, any Confidential Information to anyone without the prior, written consent of HTC.
		•	You agree to make good faith efforts to provide HTC with Feedback and agree to promptly report any material error or difficulty You experience using a Device, application, or functionality.
		•	You understand that the Device(s) or application cannot be reverted to a prior version once an update has begun.
		•	You will take reasonable precautions to prevent theft, loss, or discovery of the Device(s).
		•	You will keep HTC Confidential Information as secret as You would Your own confidential information, including ensuring any Device is kept out of the public view and in a secure location at all times.
	You may not:
		•	Provide, disclose, share, distribute, lend, offer for sale, or sell a Device to anyone.
		•	Attempt to reverse engineer, reverse assemble, or compile, or otherwise derive or attempt to derive the source code of any Device.
		•	Discuss or blog about or otherwise post on any internet sites or any form of social media, the Device, application, or functionality or ROM Codes or any other HTC Confidential Information (including photographs, renderings, specifications, screen shots, or UI information), except directly to HTC solely for the purpose of providing secure Feedback to HTC or as directed by HTC in a secure HTC forum.
		•	Do any benchmark testing or run any applications that will pull Device information without the express, written permission of HTC.
		•	Show the Device, application, or functionality to any third party, including friends, family, or other HTC employees who have not signed an HTC Trial Program Agreement.
		•	Leave your Device in any open location, including company lunchrooms, tables, common areas, Your desk, in Your car, in full view in Your home.
		•	Disclose, publish, disseminate, or otherwise communicate, directly or indirectly, any information about this Program or the Device, application, or functionality to any person, including other HTC employees, carriers, and vendors, unless HTC first confirms that they have signed an HTC Trial Program Agreement.
This section will survive the termination of this Agreement and, where applicable, Your termination of employment with HTC for any reason.
III.		Collection, Processing, Utilization, and International Transfer of Personal Identifiable Information
You agree that HTC may collect, process, utilize, and transfer Your Personally Identifiable Information internationally in accordance with applicable law:

Item

Disclosure Item

Content of Disclosure

Collection Purpose

HTC collects, processes, utilizes, and internationally transfers Your Personally Identifiable Information to analyze HTC Devices and HTC and third party software. HTC also uses the information for investigations, to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity, for research and analysis, and for purposes that will allow modifications to Devices or software. HTC may collect, process, store, and share Your precise location data. This location data may include real-time geographic location of Your Device. It may also include names of places You have been, where You "check-in," places You mark on a map, geographic location of where You have taken photos, routes You have travelled, and the dates and times You were at certain locations. HTC may share Your location data with application providers who show they have the right permissions.

Information Collected

The information collected by HTC includes the following: error reporting and usage information through Tell HTC and other programs that gather information on the use of the Device, applications, or functionality, Device SN, IMEI, MEID, IMSI, location, Your phone number and numbers You call, information concerning email accounts, encoded SMS or text messages (may be decoded if necessary for resolving an issue), usage information on the Device including average usage and number of issues submitted, Your name, gender, full address, car make and model, Bluetooth (type), laptop make and OS version, personal TV information, carrier and any other information collected as part of the HTC user trial program to which You have given consent, which may include biometric data in limited, disclosed circumstances.

Retention Period

HTC will retain the information it collects about You for the greater of:

1.	Two (2) years after termination of the Program;
2.	The duration for which collection of the Personal Data is still applicable;
3.	The duration that HTC may keep Personal Data according to relevant laws and regulations, or for the performance of this Agreement; or
4.	Any other duration that is required for HTC to operate its business.

Geography

HTC and its affiliates collect, process, utilize, and transfer Personally Identifiable Information globally, including, without limitation, to Taiwan, the United States, and the European Union.

Parties with whom HTC shares information collected

The entities that collect, process, utilize, and internationally transfer Personally Identifiable Information are as follows:
HTC and its affiliates, its successors in interest, and employees or any agents, consultants, professional advisors, and agencies that provide services to HTC and/or its affiliates (including the agencies appointed by HTC and/or its affiliates to provide outsourcing services). HTC may share Personal Data for legal, protection, security, and safety purposes, including:

•	to comply with laws or regulatory requirements and to respond to lawful requests and legal process;
•	to protect the rights and property of HTC and our agents, customers, and others, including enforcing our agreements, policies, and terms of use and protecting our network and physical assets; and/or
•	in an emergency, including protecting the safety of our employees and agents, our customers, or any other person.

Use of Information

HTC will collect, process, use, and transfer Personal Data by electronic or non- electronic means, in accordance with the laws, rules, and regulations governing data protection. Your Personal Data might be stored in an HTC database in Taiwan, the United States, EU Member states, Hong Kong or South Korea. The storage location(s) are chosen in order to efficiently operate this Program and sufficiently protect Your Personal Information.

Your Rights

You may exercise the following rights with regard to Your Personal Data kept by HTC:

1.	You may access, review, and obtain copies of the Personal Data retained. HTC may charge certain necessary fees for the costs associated with providing You this information pursuant to law.
2.	You may request HTC supplement or correct Your Personal Data, provided that You provide appropriate evidence of the change.
3.	You may request that HTC cease the collection, processing, utilization, or international transfer of your Personal Data and delete Your Personal Data, provided that HTC may refuse Your request to the extent allowed by law. You acknowledge that Your participation in the Program is conditioned upon the collection and use of certain Personal Data, as outlined in this Agreement, and a request under this subsection 3 may terminate Your participation in the Program.
	If You want to exercise the rights outlined above, please submit Your written request, with relevant documentation, to global-privacy@htc.com. You may also contact us in writing at the following addresses:

		Americas: HTC America, Inc. Attention: Privacy Administrator 308 Occidental Ave. South, Suite 300 Seattle, WA 98104
		APAC: HTC Corporation Attention: Privacy Administrator No 88, Section 3 Zhongxing Road Xindian District New Taipei City Taiwan, 231 Registration number: 16003518
		EU: HTC Europe Co., Ltd. Attention: Privacy Administrator Salamanca, Wellington Street, Slough, Berkshire SL1 1YP, U.K. Registration number: 04826012 (HTC Europe Co. Ltd is the nominated representative of HTC Corporation for the EU.)

The impact on Your rights if You refuse to provide Your Personal Data

If You refuse to provide Your Personal Data, You will not be eligible to participate in this Program.

You hereby AGREE to provide HTC with Your Personally Identifiable Information for collection, processing, utilization, and international transfer within the scope of the specific purposes stated above.
IV.		Ownership
You understand that HTC Confidential Information is the property of HTC. You additionally acknowledge that HTC has and shall retain all right, title, and interest in and to Confidential Information and You shall not be granted any license or right of any kind or nature in or to HTC Confidential Information. This clause will survive termination of this Agreement for any reason. You will immediately report to HTC any and all lost or stolen Device(s), or any suspected leak of HTC Confidential Information. At HTC’s request, You will use reasonable efforts to cooperate with HTC in any investigation and remediation, including notifying the police, or any efforts to retrieve lost or stolen Device(s). You additionally agree to cooperate with HTC in all reasonable efforts to retrieve Devices, including providing HTC with all relevant information HTC requests. If You receive Device(s) from HTC by joining this Program, You will immediately notify HTC if the Device(s) is damaged or broken and will return the Device immediately to HTC. If a Device(s) is lost, damaged, or broken, HTC reserves the right to charge You for the cost of the Device(s).
V.		Usage Guidelines for HTC Pre-Release Applications (iOS)
Where applicable:
1.		You are responsible for providing HTC accurate and complete information, including Your name, email address, and device UDID. You must inform HTC if any of this information changes during the Program.
2.		Once the above information is provided and the email address is verified ("Authorized email address"), HTC will send out an invitation notice to Your Authorized email address. You must accept the invitation within 24 hours after receiving such notice.
3.		Upon release of the relevant HTC iOS application, HTC will send out a notice to Your Authorized email address. You must download the HTC iOS application within 24 hours after receiving such notice.
4.		You must not share your Authorized email address and password with others.
5.		You must use a password to protect the device(s) upon with the HTC iOS application is downloaded.
6.		The usage period for any HTC iOS application is 30 days from the invitation notice sent by HTC.
VI.		Usage Guidelines for HTC Pre-Release Applications
Where applicable:
1.		You are responsible for providing HTC accurate and complete information about Your name, Google+ Account, and Device IMEI/MEID. You must inform HTC if any of this information changes during the Program.
2.		Once the above Google+ account is added in the HTC testing community group on Google Play ("Authorized Google+ account"), Google will send out an invitation notice to the Authorized Google+ account. You must accept the invitation within 24 hours after receiving such notice.
3.		Upon release of the relevant HTC application, Google will send out a notice to the Authorized Google+ account. You must download the HTC application within 24 hours after receiving such notice.
4.		You must not share your Authorized Google+ account and password with others.
5.		You must use a password to protect the device(s) upon with the HTC application is downloaded.
6.		The usage period for any HTC application is 30 days from the invitation notice sent by Google.
VII.		Breach
You acknowledge that Confidential Information has unusual and extraordinary value, and that Your breach of any provision of this Agreement will cause HTC great and irreparable harm, for which remedies available at law are inadequate. In the event of any breach of any of Your confidentiality obligations under this Agreement, HTC shall be entitled to seek injunctive and other equitable relief, including, but not limited to, specific performance. No remedy or election hereunder shall be deemed exclusive but shall be cumulative with all other remedies available at law or in equity. Any breach of Your confidentiality obligations or any other provisions of this Agreement will result in Your immediate removal from the Program. You will immediately return all Confidential Information to HTC. HTC reserves the right to take legal action to enforce its rights under this Agreement.
VIII.		Warranty Disclaimer; Limitation on Liability; Limited Warranty
You acknowledges that the Devices and certain applications and functionalities are experimental and untested in nature and are provided to You "AS IS" without warranty of any kind.
IX.		Governing Law
This Agreement will be governed by and construed in accordance with the substantive laws in force in:
(a)	State of Washington, if You are in the United States, Canada, or Mexico;
(b)	England, if You are in any country in Europe; or
(c)	Republic of China, if You are in any jurisdiction not described above.
The respective courts of King County, Washington in the USA when Washington law applies, the competent courts of London in England, when the law of England applies, and Taipei District Court in Taiwan when Republic of China law applies, shall each have exclusive jurisdiction over all disputes relating to this Agreement.
X.		Miscellaneous
If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions of this Agreement will remain in full force and effect. HTC reserves the right to update or revise these terms and conditions from time to time without notice. The updated version will be effective upon the date of online posting unless indicated otherwise in the updated Terms. Your continued participation in the Program after the updated version of the Terms becomes effective constitutes Your binding acceptance of the updated version of the Terms. The current Terms for the Program can be found at https://preview.htc.com/HTCTrialProgramAgreement.zul.