Welcome to the Kyocera Developers Support Program Information Page! The Kyocera Developer Support Program is available to Customers, Kyocera Dealers and Independent Software Vendors. What is provided in the Kyocera Developer Support Program? Plain and simple: Tools! For the IT folks, Kyocera provides the tools necessary to create a seamless interface from our Multifunctional Devices to your most important business applications. Your business applications can be the latest state of the art web based document management solution or the legacy server that hosts your billing application. For the end user, Kyocera provides Tools to enhance and simplify the End User Experience, without forgoing security.
Below you will find descriptions of the three different program groups. These three groups are vastly different, but are considered equally important in reaching Kyocera's single goal of the Kyocera Developer Support Program.
The HyPAS Certified Dealer Program has been designed strictly for our dealer community. Kyocera recognizes that its dealer community is of the best and brightest this industry has to offer. Members of this group will be rewarded with solutions that are not available to anyone else. The solutions provided will be accompanied by industry leading hands on training and unparallel support. Kyocera believes this formula guarantee's success.
Kyocera assembled the HyPAS Developer Program around the needs of the typical third party ISV. Kyocera offers it's HyPAS Developers a robust set of SDK's(Software Development Kit) with accompanying Documentation and Simulator software. Simply put, we provide you all the tools necessary to create a powerful and dynamic HyPAS Application. Once your HyPAS application has been developed and Approved by Kyocera your solution will be presented among the ranks of other successful HyPAS solutions. The HyPAS Developer will be required to apply for membership and have their HyPAS solution approved.
Kyocera designed the HyPAS Partner Program specifically for software providers and hardware manufacturers. Kyocera provides our HyPAS Partner a comprehensive program geared for Third Party solution providers. Through the HyPAS Partner Program Kyocera dealers will have a menu of Kyocera tried and tested solutions to offer their customers. These solutions often work independently of the Kyocera devices while complimenting the ease of use and dependability Kyocera customers expect. Partner solutions do not need customization of Kyocera devices to operate successfully HyPAS Partner will be required to apply for membership and have their solution approved by Kyocera.
IMPORTANT - PLEASE READ THESE TERMS CAREFULLY. The company applying for membership shall be referred to herein as "you" or "your," and it shall be responsible for the actions of its employees, representatives, and any other party that obtained access to the Program Materials through the company's membership.
By applying for membership in the Kyocera Document Solutions America, Inc. ("Kyocera") Developer Support Program (the "Program") or accessing the Program website's software, materials and services (collectively the "Program Materials") you agree to be legally bound by the terms of this Membership Agreement (the "Agreement'). If you do not agree to all the terms and conditions of this Agreement, you are not authorized or permitted to use any of the Program Materials on this website and you should immediately exit from this site.
1. Membership in the Program. There are three levels of membership: Certified HyPAS Dealer, HyPAS Partner and HyPAS Developer. Subject to the approval of your application for membership into the Program, compliance with any of Kyocera's training and certification processes, and payment of all required application fees, Kyocera shall offer you membership in the Program at your approved level. Some levels of membership may include access to services, documentation and communications specifications, as well as software and other tools needed to develop software solutions for Kyocera's products. Please refer to the website for details and benefits available with each level of membership. Membership in the Program is non-exclusive and you acknowledge that others admitted to membership in the Program may compete directly or indirectly with you and develop and offer competing products and solutions through the Program.
2. Limited License. Upon your acceptance into the Program, and subject to the terms, conditions and restrictions of this Agreement, Kyocera grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Program Materials, available at approved level of membership, solely in conjunction with the development of products or solutions that are designed to interoperate with Kyocera products. The duration of this limited license is coterminous with the Term of this Agreement. In the event the Program Materials, now or at any time in the future, include any software or software development tools kits, code or sample code of any type, then you shall have a limited license to load, run and use such software only during the Term of this Agreement and in each case only in full compliance with the terms and conditions of the software license agreement or "EULA" that governs such software.
3. Term. This Agreement will commence the date you are accepted into the Program and will remain in effect for a period of one year (the "Term"), unless terminated earlier as provided for in this Agreement. Following the expiration of the initial Term and unless terminated as provided herein, this Agreement may be renewed for additional periods of one year by mutual agreement of the parties.
4. Ownership. You acknowledge that the Program Materials use and contain confidential and proprietary information and technology of Kyocera and embody trade secrets and intellectual property of Kyocera's parent, affiliates and licensors protected under United States copyright and other laws, and by international treaty provisions (collectively referred to as "Kyocera's Intellectual Property Rights"). Your rights in the Program Materials are limited to those limited license rights expressly granted under this Agreement, and Kyocera retains all rights not expressly granted herein. Without limiting the foregoing, Kyocera, its parents, affiliates and/or licensors retain all right, title, and interest in and to Kyocera's Intellectual Property Rights, including but not limited to: (i) all specifications, instructions, explanations and protocols for any Kyocera print controller language, or private MIB, or similar information, (ii) all software code (source and object), functionality, technology, system or network architecture and user interfaces and all modifications thereto; (iii) all ideas, trade secrets, inventions, patents, copyrights and other intellectual property rights with respect to the Program Materials; (iv) all evaluations, comments, ideas and suggestions made by you regarding the Program Materials, even if those are incorporated into subsequent versions, and (v) any modifications or derivative works developed from Kyocera's Intellectual Property Rights. You agree to treat, protect and maintain, Kyocera's Intellectual Property Rights as strictly confidential.
5. Confidentiality. You acknowledge that the Program Materials, including but not limited to Kyocera's Intellectual Property Rights, proprietary trade secrets, business, sales and technical information, all features and specifications of the Program Materials including development kits, applications, source codes, object codes, customer information, and information relating to Kyocera products are Kyocera's confidential information ("Confidential Information") and you hereby agree to use Confidential Information only for the purposes described in this Agreement, maintain the confidentiality of the Confidential Information and not disclose it to third parties (including in the filing of patent applications) without Kyocera's prior written consent. You further agree to use at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You shall limit access to the Confidential Information only to employees within your organization who have a need to know to fulfill the purposes of this Agreement. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you and to use your best efforts to ensure their compliance with such terms and conditions. Notwithstanding the foregoing, the following information shall not be deemed Confidential Information and you shall have no obligation with respect to information that is: a) already in your possession at the time of disclosure which you obtained without a duty of confidentiality; b) already available to the public at the time of disclosure; c) becomes available to the public without your fault; d) subsequently rightfully received by you from a third party without notice of restriction on further disclosure; and e) developed by you independently of and without reference to the Confidential Information. Unless agreed in writing, Kyocera does not want to receive any non-public or proprietary information from you and has no duty to protect any information provided by you as confidential unless a separate non-disclosure agreement has been signed.
6. Trademarks. Nothing in this Agreement shall give you the right to use any Kyocera name or trademark, except that Kyocera grants you a non-exclusive, limited license to use the Program logos applicable to your Level of membership but only in connection with your membership in the Program. You agree that you will conduct yourself and your business ethically, with integrity and in compliance with applicable laws, and that you will not disparage Kyocera, its products and services, or the Program.
7. Copyrights. The Software and Program Materials contain material that is protected by United States and international copyright and trade secret laws, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Kyocera. You may not remove any of Kyocera's copyright or proprietary notices from any copy of Kyocera software or Program Materials.
8. Changes to Program. You acknowledge and agree that Kyocera may, in its sole and absolute discretion, and at any time, from time to time, expand, reduce, change the scope or contents of, and/or discontinue, any terms, levels, benefits or Program Materials offered under the Program.
9. Termination. Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. Kyocera may terminate this Agreement for cause immediately and without prior notice if you (i) breach any obligation under this Agreement; (ii) fail to pay any fees when due; (iii) cease to conduct business in the normal course, become insolvent, enter in bankruptcy procedures or become subject to any other judicial proceedings that relate to insolvency or protection of creditor's rights; or (iv) harm or attempt to cause harm, mischief or damage to a Kyocera website. Upon expiration of the Term, or termination of this Agreement by either party (with or without cause): (i) all rights, licenses and Membership benefits granted to you under this Agreement will immediately cease and revert to Kyocera; (ii) you will immediately cease to represent your business as a member; (iii) you will immediately cease use of the Program Materials and any Kyocera Confidential or proprietary Information, and (iv) you will have no further access to the Kyocera Developer Support website. The expiration or termination of this Agreement shall not limit Kyocera from pursuing other remedies available to it, including injunctive relief, nor shall such expiration or termination relieve you of your obligation to pay all fees.
10. Disclaimer of Warranty. KYOCERA SHALL PROVIDE THE PROGRAM MATERIALS ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITION OF TITLE, NON-INFRINGEMENT, SATIFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. KYOCERA SPECIFICALLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM MATERIALS WILL MEET ANY REQUIREMETNS OR NEEDS YOU MAY HAVE, THAT THE SOFTWARE IN PROGRAM MATERIALS WILL BE ERROR FREE OR OPERATE IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN ANY SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE PROGRAM MATERIALS AND SHALL ASSUME ANY RISKS ASSOCIATED WITH THE USE OF THE PROGRAM MATERIALS UNDER THIS AGREEMENT.
11. Limitation of Liability. IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL KYOCERA, ITS PARENT, AFFILIATES, OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGE THAT EXCEEDS THE PROGRAM FEES THAT YOU HAVE PAID KYOCERA, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, ECONOMIC LOSS OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE PROGRAM MATERIALS (INCLUDING BUT NOT LIMTED TO DAMGES FOR LOSS OF GOODWILLL, ANY ECONOMIC LOSS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR AMY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF KYOCERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Export Restrictions. You may not use, export or re-export the Program Materials or any copy or adaptation in violation of any applicable laws or regulations. Specifically, you may not export or re-export the Program Materials to any country to which the United States embargoes its goods; and you may not distribute the Program Materials to any person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
13. Governing Law and Arbitration. This Agreement shall be governed by and construed in accordance with the laws of New York State. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Any controversy or claim arising out of, or relating to, this Agreement or breach thereof shall be settled by arbitration in accordance with the commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction. The arbitration proceeding shall be conducted in Northern New Jersey or such other location as the parties agree, by an Arbitrator selected under the Rules of the American Arbitration Association. The costs of the arbitration shall be borne equally by the parties.
14. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then: that provision will be deemed amended to achieve as nearly as possible the same effect as the original provision; and the legality, validity and enforceability of the remainder of this Agreement will not be affected or impaired thereby.
15. No Assignment. You are not permitted to assign, sell, give or otherwise transfer your rights under this Agreement without the prior written consent of Kyocera.
16. Injunctive Relief. A breach by you of any of the promises or agreements contained herein may result in irreparable and continuing damage to Kyocera for which there will be no adequate remedy at law, and Kyocera shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper, and the parties agree an Arbitrator may grant such relief.
17. Entire Agreement. This Agreement along with any updates or revisions made available by Kyocera on its website, constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. There are no understandings, representations or warranties except as expressively set forth herein.
Acceptance by Member.
This will confirm that the information on our company's Membership Application is true and correct, and that we voluntarily accept, and will comply with, the terms and conditions of this Kyocera Developer Support Program Membership Agreement.
I Agree I Disagree