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      Launch Studio Terms of Use Updates

      15 November 2022 Update

      On 15 November 2022, the Bluetooth Special Interest Group (SIG) will update Launch Studio Terms of Use (TOU).

      Summary of changes and what this means to you:

      1. Reordered section 4.c for easier readability
      2. Clarified that Declaration IDs that are not used in a submitted qualification expire 12 months from the date of receipt of payment

      Affected section of the 15 November 2022 Launch Studio Terms of Use Update

      4. FEES AND PAYMENT TERMS.

      (a) Bluetooth SIG may charge you fees in connection with the Bluetooth Qualification Process including within the Launch Studio Tool and Submissions (e.g., declaration fees, etc.). The type and amount of fees may change at any time. You agree that Member will pay all fees required by Bluetooth SIG in accordance with the instructions provided within the Launch Studio Tool. Bluetooth SIG may accept credit card payments or, if offered within the Lau nch Studio Tool, may permit you to pay fees offline. If you choose to pay offline, you will pay the invoice issued to you by Bluetooth SIG, according to the terms stated in the invoice. If you provide credit card payment information, you agree that Bluetoo th SIG or its third party payment processor may charge your credit card immediately. You acknowledge that, until Bluetooth SIG has processed your payment and received the funds: you and Member will not acquire any of the rights or benefits for those fees. All sales are final and all payments are non - refundable.

      (b) If you receive a discount on any fees based on your Member's level of membership and your Member’s membership level changes (e.g., the Member moves from an associate to an adopter level), you wi ll no longer be entitled to receive the discount and any fees owed and any outstanding invoices from Bluetooth SIG as of the date of the membership level change will be increased to reflect the amount owed without the discount. Further, if you prepaid any declaration fees and received a discount and you have not used the declaration fees as of the date of the membership level change, you may not use the declaration fees unless you pay the difference between the then - current standard fee and the discounted f ee previously paid.

      (c) Declaration Fees. When required by Bluetooth SIG, Member must pay a declaration fee prior to completion of the Bluetooth Qualification Process. To confirm payment of the declaration fee, Bluetooth SIG will issue a unique identific ation number (“Declaration ID”), which will be associated with your user account. Any declaration fees you pay are paid by you on behalf of Member regardless of the payment method or source of funds and proof of payment is evidenced by the issuance of a D eclaration ID. If requested by Member, Bluetooth SIG may reassign, without notice to you, a Declaration ID from your user account to another user account under the Member's membership account. When required by Bluetooth SIG, Member must provide the Decla ration ID in the Submission as proof of payment before completing the Bluetooth Qualification Process. All Declaration IDs not used in a Submission as proof of payment expire 12 months from the date of receipt of payment. No declaration fees will be refu nded. All Declaration IDs not used in a Submission as proof of payment are nontransferable.


      25 February 2021 Update

      On 25 February 2021, the Bluetooth Special Interest Group (SIG) will update Launch Studio Terms of Use (TOU).

      Summary of changes and what this means to you:

      1. Declaration ID still serves as proof of payment of the declaration fee and must be provided by members before submitting a project.
      2. If requested by the primary contact of the member, the Bluetooth SIG may reassign, without notice to you, a Declaration ID from your user account to another user account under the Member's membership account.
      3. The Bluetooth SIG will not accept requests for a refund of Declaration fees on or after the TOU update date. No declaration fees will be refunded according to the updated Terms of Use.
      4. All Declaration IDs issued on or after the TOU update date will expire 12 months from the date of issuance unless used to submit a project prior to expiration.
      5. Changes in the Terms of Use do not apply to payments made and Declarations IDs issued prior to the TOU update. If you have unused Declaration IDs, we encourage you to use the Declarations IDs within 12 months of the updated Terms of Use going into effect. You may be contacted by our finance team to discuss a plan of refund if there is a valid email on file.
      6. Unused Declaration IDs are non-transferable and may not be transferred to another member.

      Full version of the 25 February 2021 Launch Studio Terms of Use

      BLUETOOTH® LAUNCH STUDIO TERMS OF USE

      Last Updated: 25 February 2021.

      These Bluetooth® Launch Studio Terms of Use (“Launch Studio Terms”) are a supplement to the Bluetooth SIG Website Terms of Use (“WTOU”) and together the Launch Studio Terms and WTOU are a legal agreement (collectively the “Bluetooth Terms”) between you and Bluetooth SIG, Inc., a Delaware corporation (“Bluetooth SIG”) that governs your access to and use of the Bluetooth ® Launch Studio (the “Launch Studio Tool”).

      The Launch Studio Tool is a Service (as defined in the WTOU) offered by Bluetooth SIG. Terms used but not defined in these Launch Studio Terms have the meanings ascribed to them in the WTOU. In the event of a conflict between these Launch Studio Terms and the WTOU, these Launch Studio Terms will govern.

      PLEASE READ THE BLUETOOTH TERMS CAREFULLY. BY ACCESSING OR USING THE LAUNCH STUDIO TOOL AND/OR CLICKING TO INDICATE THAT YOU AGREE TO THE LAUNCH STUDIO TERMS, YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE ENTITY UNDER WHOSE BLUETOOTH SIG MEMBERSHIP YOU OBTAINED A USER ACCOUNT AND THAT YOU AND THAT MEMBER AGREE TO BE BOUND BY THE BLUETOOTH TERMS. IF YOU ARE NOT AUTHORIZED OR DO NOT AGREE TO THE BLUETOOTH TERMS, DO NOT ACCESS OR USE THE LAUNCH STUDIO TOOL OR CLICK TO INDICATE THAT YOU AGREE TO THESE LAUNCH STUDIO TERMS.

      1. MEMBERSHIP ACCOUNT REQUIREMENT.

      To access and use the Launch Studio Tool, you must have an Account (as defined in the WTOU) issued under the membership account of a current Bluetooth SIG member and log into the Launch Studio Tool with that Account. You acknowledge and agree that when you access the Launch Studio Tool that you are doing so on behalf of the member your Account is associated with (“Member”) and you represent and warrant that you are authorized by Member to access and use the Launch Studio Tool and provide Submissions (defined below) on Member’s behalf.

      1. BLUETOOTH ® QUALIFICATION PROCESS.

      The “Bluetooth ® Qualification Process” is the process created by Bluetooth SIG for qualifying Products. The Launch Studio Tool is the Bluetooth SIG tool designed to implement the Bluetooth Qualification Process. A “Product” means a product that:

      (a) if sold, is sold as a single item (consisting of software, firmware, drivers, applications, hardware, or a combination of some or all of the foregoing);

      (b) contains one or more Portions; and

      (c) if marketed, is marketed under a name and/or trademark that uniquely identifies Member as the source of the product. A “Portion” means hardware, software, or a combination of hardware and software that implements a Bluetooth ® Specification. If the hardware, software, or combination contains or consists of more than an implementation of the Bluetooth specification, the “Portion” is only the implementation of the Bluetooth Specification. “Bluetooth Specification” is defined in the Bylaws of Bluetooth SIG.

      1. REPRESENTATIONS AND ACKNOWLEDGEMENTS.

      (a) You represent and warrant that you have permission to submit to Bluetooth SIG all information and materials (including design information, product information, test reports, and test results) that you provide through the Launch Studio Tool (“Submissions”) and that all Submissions are true, complete, and accurate.

      (b) You represent and warrant that you and Member will comply with the SIG Member Terms (as defined in the WTOU).

      (c) You represent and warrant that all Submissions that you make through the Launch Studio Tool and all Products listed in your Submissions comply with the SIG Member Terms (as defined in the WTOU) and the Bluetooth Specification(s) referenced in your Submission.

      (d) You represent and warrant that the products referenced in your Submissions that you submit to the Bluetooth ® Qualification Process via the Launch Studio Tool will only be Products that, if marketed or distributed, are done so by Member under a name or trademark that uniquely identifies Member as the source of the Product.

      (e) You acknowledge and agree that a product is not a Bluetooth Product under the Bluetooth ® Trademark License Agreement and you and Member will not market or distribute any product that uses any Bluetooth® trademark on it or in connection with any related marketing, promotion, or advertising unless you or Member have been notified by Bluetooth SIG that it has completed the Bluetooth ® Qualification Process (e.g., via a confirmation screen or email from Bluetooth SIG expressly stating that that the Product has completed the Bluetooth ® Qualification Process).

      1. FEES AND PAYMENT TERMS.

      (a) Bluetooth SIG may charge you fees in connection with the Bluetooth ® Qualification Process including within the Launch Studio Tool and Submissions (e.g., declaration fees, etc.). The type and amount of fees may change at any time. You agree that Member will pay all fees required by Bluetooth SIG in accordance with the instructions provided within the Launch Studio Tool. Bluetooth SIG may accept credit card payments or, if offered within the Launch Studio Tool, may permit you to pay fees offline. If you choose to pay offline, you will pay the invoice issued to you by Bluetooth SIG, according to the terms stated in the invoice. If you provide credit card payment information, you agree that Bluetooth SIG or its third party payment processor may charge your credit card immediately. You acknowledge that, until Bluetooth SIG has processed your payment and received the funds: you and Member will not acquire any of the rights or benefits for those fees All sales are final and all payments are non-refundable.

      (b) If you receive a discount on any fees based on your Member’s level of membership and your Member’s membership level changes (e.g., the Member moves from an associate to an adopter level), you will no longer be entitled to receive the discount and any fees owed and any outstanding invoices from Bluetooth SIG as of the date of the membership level change will be increased to reflect the amount owed without the discount. Further, if you prepaid any declaration fees and received a discount and you have not used the declaration fees as of the date of the membership level change, you may not use the declaration fees unless you pay the difference between the then-current standard fee and the discounted fee previously paid.

      (c) Declaration Fees. Member must pay a declaration fee prior to completion of the Bluetooth ® Qualification Process. Bluetooth SIG will issue a unique identification number confirming payment of the declaration fee (“Declaration ID”) and Member must provide the Declaration ID in the Submission as proof of payment before completing the Bluetooth ® Qualification Process. Any declaration fees you pay are paid by you on behalf of Member regardless of the payment method or source of funds and proof of payment is evidenced by the issuance of a Declaration ID. If requested by Member, Bluetooth SIG may reassign, without notice to you, a Declaration ID from your user account to another user account under the Member’s membership account. All Declaration IDs expire 12 months from the date of issuance unless the Bluetooth ® Qualification Process is completed prior to expiration. No declaration fees will be refunded. Declaration IDs are non-transferable and may not be transferred to another member.

      1. CONFIDENTIALITY OF SUBMISSIONS.

      You and the Bluetooth SIG agree that Submissions are Confidential Information subject to the Bluetooth SIG Confidentiality Policy even if you do not label the Submission “Confidential.” Notwithstanding anything in the Bluetooth SIG Confidentiality Policy and except as described in the following sentence, you agree that Bluetooth SIG will treat your Submissions as confidential, including by not making them available through the searchable database on Bluetooth SIG’s web site until the date that you have selected as the “listing date” within the Launch Studio Tool when you click to submit your Submission. Bluetooth SIG further agrees that

      (a) if, when you submit a Submission, the “publish date” in your Submission is after the listing date, the following information will be treated as Member Confidential Information and not included in the searchable database on Bluetooth SIG’s web site until the “publish date”: product name, product number, category, subset ID (if applicable), publish date, and product description and

      (b) the test plan and test evidence provided as part of your Submission will continue to be treated as Member Confidential Information for the period of time required under the Bluetooth SIG Confidentiality Policy regardless of any listing date or publish date in the Submission. To the extent that this Section conflicts with the Bluetooth SIG Confidentiality Policy, this Section supersedes the Bluetooth SIG Confidentiality Policy with respect to Bluetooth SIG’s obligations of confidentiality of Submissions.

      1. RECORD KEEPING AND AUDIT.

      You agree to maintain a complete copy of your Submissions as well as all supporting information and documentation related to each Product you submit for qualification through the Launch Studio Tool (“Records”) in order to document your compliance with the SIG Member Terms and Bluetooth Specifications. You agree that Bluetooth SIG may request copies of Records relating to or pertaining to your Submissions and all Products referenced therein and you will provide copies of Records and permit Bluetooth SIG and its representatives to audit, examine, and make copies of or extracts from all Records (in whatever form they may be kept, whether written, electronic, or other) in order to verify the truth, accuracy, and completeness of your Submissions as well as compliance with the SIG Member Terms and Bluetooth Specifications. Bluetooth SIG will be responsible for the cost of any audit, unless the audit reveals that any Submission is incomplete or inaccurate or that you, Member, any of your Submissions, or any Product fails to comply with the SIG Member Terms or Bluetooth Specifications, in which case Member will reimburse Bluetooth SIG for the costs of the audit within 30 days after receiving Bluetooth SIG’s request for reimbursement.

      1. ADDITIONAL DISCLAIMERS.

      The Launch Studio Tool is not a record-keeping or storage tool. You are responsible for backing up all of Your Content (as defined in the WTOU) submitted to the Launch Studio Tool. In addition to the disclaimers in the WTOU, Bluetooth SIG does not guarantee that Your Content will not be removed, damaged, corrupted, or lost.