Account information
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Company Information
Name of your company, organization or team.
Standard boilerplate description* of your company (May be included in Kaltura marketing materials or on our website)
Partner Information
We realize that not all partners will fit neatly into one of these segments, but for the purposes of our website and internal materials, please select the category that best represents your company’s interaction with video
Who should our clients contact if interested in your solution. Please provide name, email and phone number
Who should our clients contact if there is a technical issue. Please provide name, email and phone number
Who do you consider to be your closest competitor(s), and what is your company/solutions relative positioning?
User profile
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Kaltura Application Exchange Participant Agreement
  1. Introduction. The Kaltura Application Exchange (“Exchange”) is a publicly available site where developers, service providers, or technology providers (“Participants”) can offer services and software to Kaltura customers, Licensees and developer community. This agreement governs the listing of your applications on the Exchange if you do not have a direct partnership agreement with Kaltura. If you have entered such an agreement, the listing of your applications on the Exchange is governed by such agreement
  2. Accepting this Agreement. This Kaltura Application Exchange Participant Agreement (“Agreement”) forms a legally binding contract between you and Kaltura that governs your use and participation in the Exchange. In order to use the Exchange you must first agree to this Agreement by checking the box in the Exchange sign-up indicating that you have read and agree to the terms. If you are consenting to be bound by this Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this Agreement. If you do not have the requisite authority you may not accept the Agreement or use the Exchange on behalf of your employer or other entity.
  3. Relationship with Kaltura. You understand and agree that by becoming an Exchange Participant, no legal partnership, joint venture, employment or agency relationship is created between you and Kaltura..
  4. Use of the Exchange
    1. Participation, Listing, and Review
      1. As a Participant in the Exchange you may offer services and software to users of the Kaltura platform by listing your name, logo, domain, trademark, services offering, or contact information (“Participant Information” and “Listing”) in the Exchange or by making software, extensions, applications and plugins (“Applications”) available for direct download.
      2. Kaltura reserves the right to review your Application and Listing and conduct any security or technical testing of your Application at its sole discretion before including and listing your Application and Participant Information in the Exchange. Kaltura has sole discretion to determine the standards and procedures for review and may require you to resubmit your Application periodically for security or technical testing.
      3. Kaltura reserves the right to display Applications and Participant Information in a manner that will be determined at Kaltura’s sole discretion.
      4. Kaltura reserves the right to suspend and/or bar any Participant from the Exchange or to remove or reclassify an Application or Listing its sole discretion.

    2. Responsibilities
      1. You acknowledge that you are solely responsible, and that Kaltura has no responsibility or liability for: uploading your Applications to the Exchange, technical installation and operation of the Application, creating and displaying all documentation and marketing materials, accurately and appropriately describing your Application and Listing, ensuring that your Application, Listing, and any associated content do not infringe on the intellectual property rights of any third party, ensuring that your Application and Listing are not obscene, libelous, or illegal.
      2. You will be solely responsible for supporting and maintaining your Applications. In no way will Kaltura be responsible for any malfunctions, use or misuse of your Applications. Kaltura disclaims any responsibility related to support and/or maintenance of your Applications. You will provide a current email address to which Kaltura may direct inquiries from users regarding your Applications. Your contact information will be displayed in each application detail page and made available to users for customer support purposes.

    3. Representations, Warranties, and Covenants; You represent, warrant, and covenant that:
      1. You will use the Exchange only for purposes that are permitted by (a) this Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
      2. Your Applications and Listing shall be virus free and shall not interfere with, disrupt, damage, or access in an unauthorized manner the platform, servers, networks, or other properties or services of any third party including, but not limited to, Kaltura, users of the Kaltura Platform, and service providers.
      3. Your Application, Listing, as well as any material uploaded by your users through your Application will not violate, misappropriate, or infringe on the intellectual property rights of any person or entity.
      4. Your Application, Listing, as well as any material uploaded by your users through your Application will not be offensive, obscene, defamatory, or otherwise illegal content.

  5. License Grants
    1. License by Kaltura. Kaltura hereby grants Participants a nonexclusive, worldwide, royalty free, fully paid up, license (according to Kaltura’s intellectual property rights) to access the Kaltura Platform API through your Application, and to permit your users to access their data through your Application and the Kaltura platforms API.
    2. Your license to Kaltura.
      1. With respect to any modifications, improvements or enhancements created by you to the Kaltura Platform or Kaltura Platform APIs (“Modifications”), you grant Kaltura a worldwide, nonexclusive, sublicensable, perpetual license, royalty-free, irrevocable license to make, use, sell, copy, distribute, modify, and to release under the GNU Affero General Public License version 3 all such Modifications.
      2. With respect to your Applications. You grant to Kaltura, its agents, contractors, and partners a non-exclusive, worldwide, and royalty free license to list, copy, perform, distribute, display, test, market, and use the Applications and Participant Information for administrative, demonstration, and marketing purposes in connection with the operation and marketing of the Exchange.
    3. User Licenses. Unless you provide alternative license terms, you grant users a non-exclusive, worldwide, and perpetual license to perform, display, access, install, and use the Applications. If you choose, you may include your own license terms that will govern the users’ rights to the Application in lieu of the previous sentence. You may also charge fees for your application or permit only temporary download or trial packages. If you do include alternative license terms, it is your responsibility to communicate these terms to Application Exchange users.
    4. You represent and warrant that you have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to your Applications and Participant Information. If you use third-party materials, you represent and warrant that you have the right to distribute the third-party material in the Product. You agree that you will not submit material to Exchange that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit the material.
    5. Except for the license rights granted by you in this section, or except if you entered a separate direct licensing agreement with Kaltura directly, Kaltura agrees that it obtains no other right, title or interest from you (or your licensors) under this Agreement in or to any of the Applications, including any intellectual property rights which subsist in those Applications.
    6. Trademark and Logo Cross-License: Each Party herby grants to the other a nonexclusive, worldwide, fully paid-up, royalty free license for the term of this agreement to use, in your case the Kaltura Application Exchange Partner Logo, and in our case, your name, application name, and associated logos (collectively “Marks”) solely to enable the other party to exercise its rights and perform its obligations under this agreement. Use of the Marks shall be in accordance with the granting party’s reasonable trademark usage policies, with proper markings and legends. You will cease or adjust the manner of your use of any Mark of Kaltura at the request of Kaltura in its sole discretion. You shall not use “Kaltura” or “Kaltura.com” in any of your trademarks or service marks or product, service, or company names. You may include “for Kaltura” in the name s of your Applications while they are listed on the Exchange. You shall not bid on or purchase any keyword which is a Kaltura trademark.

  6. Customer Data Kaltura Customer Data and your Customer Configuration or Usage Data. To the extent Your Applications transmit Kaltura customers’ data and media (“Customer Data”) outside the Kaltura platform, you are required to notify them prior to their use of your Applications, that their Customer Data will be transmitted outside the Kaltura system and that Kaltura shall not be responsible for the privacy, security or integrity of such data. You represent and warrant that to the extent your applications store, process or transmit Customer Data, neither you nor your Applications will, without appropriate prior user consent or except to the extent required by applicable law, (1) modify the content of Customer Data in a manner that adversely affects the integrity of Customer Data or, in the case of rich media, create modifications unless such modifications are permitted under US Copyright law or under the terms of the customers’ selected content license, (2) disclose Customer Data to any third party, or (3) use Customer Data for any purpose other than providing your Application functionality to users of your Applications. You shall also maintain and handle all Customer Data in accordance with privacy and security measures reasonably adequate to preserve its confidentiality and security and all applicable privacy laws and regulations. A modification or disclosure of Customer Data does not violate either of the two preceding sentences to the extent it results from an activity of the applicable customer using your Application and a reasonable customer would expect that modification or disclosure of its data to occur as a result of that activity.
    To the extent You receive access to Customer Data or configurations from our systems, you represent and warrant that you have notified all of your users whose Customer Data you posses, or will notify them prior to their use of your Applications, that you may receive such data from Kaltura, and that Kaltura is not responsible for the privacy, security or integrity of Customer Data or configurations. You further represent and warrant that to the extent you or your Applications store, process, collect or transmit Customer Data, neither you nor your Applications will, without appropriate prior user consent or except to the extent required by applicable law, (1) modify the content of Customer Data in a manner that makes it inaccurate or misleading, (2) disclose Customer Data to any third party other than your applicable customer, or (3) use Customer Data from your users except in connection with your relationship with your applicable customer. You shall also maintain and handle all Customer Data from your users in accordance with privacy and security measures reasonably adequate to preserve its confidentiality and security and all applicable privacy laws and regulations. Notwithstanding the foregoing, this paragraph does not restrict your use or disclosure of aggregated data containing your customer data, provided no Kaltura customers are identified through such aggregated data or through your use of such aggregated data.

  7. Termination. The term of this agreement shall commence on the date you accept it and continue for 24 months or until none of your applications are listed in the exchange, whichever is longer. Either you or Kaltura may terminate your participation as an Application Exchange Participant, with or without cause, upon 30 days written notice. Upon termination all rights and licenses granted to you by Kaltura will cease. Termination of this agreement will not derogate from any rights you may have under any agreements with us, Including a Master Subscription, Reseller, OEM, or other Kaltura agreement. The parties’ rights and obligations under the following sections of this Agreement will survive any termination or expiration of this Agreement: 5-13.
  8. Amendment. Kaltura reserves the right, at its discretion, to modify this Agreement, including any rules and policies at any time. You will be responsible for reviewing and becoming familiar with any such modifications (including new terms, updates, revisions, supplements, modifications, and additional rules, policies, terms and conditions)(“Additional Terms”) communicated to you by Kaltura. All Additional Terms are hereby incorporated into this Agreement by this reference and your continued use of the Exchange will indicate your acceptance of any Additional Terms.
  9. Kaltura Independent Development. Nothing in this Agreement will impair Kaltura’s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with, any other products, software or technologies that you may develop, produce, market, or distribute. In the absence of a separate written agreement to the contrary, Kaltura will be free to use any information, suggestions or recommendations you provide to Kaltura pursuant to this Agreement for any purpose, subject to any applicable patents or copyrights.
  10. Notices. Notices under this Agreement must be in writing and are deemed to have been given upon (a) personal delivery, (b) the fourth business day after mailing, (c) the third business day after sending by confirmed facsimile, or (d) the first business day after sending by email. Notices to Kaltura must be addressed via regular mail to General Counsel, with a copy to legal@kaltura.com. Notices to you will be addressed to your contact designated by you in the Exchange Participant Listing, as updated by you on the Exchange website.
  11. No Warranty. KALTURA DOES NOT PROMISE THAT THE EXCHANGE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), OR INFORMATION THAT YOU RECEIVE ON THE EXCHANGE OR ON KALTURA WEBSITES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. KALTURA CANNOT ENSURE THAT ANY FILES, INFORMATION OR OTHER DATA YOU ACCESS VIA THE KALTURA APIS OR DOWNLOAD FROM THE EXCHANGE OR KALTURA WEBSITES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES AND KALTURA DISCLAIMS ANY LIABILITY RELATED THERETO. KALTURA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KALTURA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE EXCHANGE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE EXCHANGE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST KALTURA FOR DISSATISFACTION WITH THE EXCHANGE IS TO STOP USING IT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT KALTURA MAKES AVAILABLE ANY PRE-RELEASE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU, YOU UNDERSTAND THAT KALTURA IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT KALTURA MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE.
  12. Indemnification. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Kaltura, its affiliates and their respective directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your use of the Exchange in violation of this Agreement, and (b) your Application or service that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (c) infringing, illegal, or offensive content uploaded by you or your users in connection with this Exchange.
  13. Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT (INCLUDING, WITHOUT LIMITATION, THE BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT), TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN WARNED IN ADVANCE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT SHALL EITHER PARTY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF $8,000 OR THE AMOUNTS ACCTUALY PAID BY YOU TO KALTURA PURSUANT TO THIS AGREEMENT, IF ANY.
  14. Governing Law. This Agreement, and your relationship with Kaltura under this Agreement, shall be governed by the laws of the State of New York.
  15. Continuation or Modification of Services. You acknowledge and agree that Kaltura may stop (permanently or temporarily) providing the exchange or any other services to you at Kaltura’s sole discretion, without prior notice. You acknowledge and agree that if Kaltura disables access to your account, you may be prevented from accessing the Exchange or any other Kaltura services and your Participant Information and Application or any other files contained in the exchange may be deleted.
  16. Miscellaneous. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Kaltura, and no single waiver will constitute a continuing or subsequent waiver. This Agreement will bind your successors but may not be assigned, in whole or part, by you without the written approval of an authorized representative of Kaltura. Any non-conforming assignment shall be null and void. If any provision is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings regarding such subject matter. No addition to or removal or modification of any of the provisions of this Agreement will be binding upon Kaltura unless made in writing and signed by an authorized representative of Kaltura.
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