WD TV SDK DOWNLOAD
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IMPORTANT – PLEASE READ CAREFULLY

THIS WD TV SDK LICENSE IS FOR INDIVIDUALS ONLY. COMPANIES MAY NOT USE THIS LICENSE. YOU MUST ACCEPT THE WD TV SDK LICENSE AGREEMENT PRIOR TO YOUR DOWNLOAD AND USE OF THE WD TV SDK. BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE THAT THESE TERMS AND CONDITIONS GOVERN YOUR DOWNLOAD AND USE OF THE WD TV SDK. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT AGREE AND DO NOT DOWNLOAD OR USE THE WD TV SDK.

WDTV SDK

1. Register

2. Agree to the terms

WD TV SDK LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY. BY CLICKING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE THAT THE FOLLOWING TERMS AND CONDITIONS GOVERN THE YOUR USE OF THE WD TV SDK. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK "I AGREE".

This WD TV SDK License Agreement (this "Agreement") is a legal contract between you as an individual non-commercial developer ("you" or "Developer"), and Western Digital Technologies, Inc., its subsidiaries and affiliates (collectively, "WDT"), governing your use of the WD TV software development kit and applicable documentation, including without limitation software source code, object code, simulators, tools, libraries, application programming interfaces, data, files, and other materials provided by WDT in its sole discretion for use by you in connection with this Agreement and any updates that may be provided by WDT associated online or electronic documentation (collectively, the "SDK"), and your development of a software application using the SDK that either operates locally on a WD TV device or provides access to Internet-based services and is designed for use on a WD TV device (the "Application").


  1. SDK; Limited Use License. Subject to the terms of this Agreement, WDT hereby grants Developer a personal, limited, non-exclusive, revocable, non-sublicensable and non-transferable license to: (a) copy and use the SDK and install a reasonable number of copies of the SDK on computers and WD TV devices owned or controlled by you, to be used internally by you for the sole purpose of developing one or more Applications, which shall be used only for your personal, non-commercial home use; and (b) use and modify any sample code provided to you as part of the SDK for the purpose of incorporating it or any derivative work thereof into your Application. You may not use the SDK for any purpose not expressly permitted by this Agreement. For the avoidance of doubt, and notwithstanding anything to the contrary in this Agreement, the SDK provided by WDT to Developer shall only be used in accordance with the limited license grant set forth in this Section 1, and shall remain confidential in perpetuity.

  2. No Open Source. Developer shall not link to or incorporate any Public Software (as defined below) which would result in any part of an SDK becoming subject to open source requirements (e.g., GPL or other). For the purposes of this Agreement, "Public Software" shall mean any software that is (a) distributed as free software or as open source software (e.g., Linux), or (b) subject to any licensing or distribution model that includes as a term thereof any requirement for distribution of source code to licensees or third parties, patent license requirements on distribution, restrictions on future patent licensing terms, or other abridgement or restriction of the exercise or enforcement of any intellectual property rights through any means, or (c) derived from in any manner (in whole or in part), links to, relies on, is distributed with, incorporates, or contains any software described in (a) or (b) above.

  3. Third Party Software. Developer shall comply with the obligations (if any) under any third party license relating to the distribution of any third party software involved or underlying the Application it plans on developing utilizing an SDK.

  4. Restrictions. Subject to the terms of this Agreement, you may not and you agree not to, or to enable others to: (a) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of the SDK or any services provided by the SDK or otherwise provided hereunder, or any part thereof, except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components or sample code included with the SDK (if any); (b) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the SDK to any third party; or (c) use the SDK in any manner to aid in the violation of any third-party intellectual property rights, including without limitation copyrights, trademarks, trade secrets, and patents, or the applicable laws of the jurisdictions in which you are using the SDK, including without limitation libel, defamation, obscenity, and privacy-related torts. Under no circumstances may the SDK be used for distribution to third parties or commercial purposes without the express written permission of WDT.

  5. Confidentiality.

    1. Confidential Information. "Confidential Information" as used herein means any information relating to the SDK, regardless of form: (i) that WDT designates as "confidential" or "proprietary" to Developer, or (ii) which under the circumstances surrounding disclosure or by the nature of the information, ought to be treated as confidential by Developer. Confidential Information includes, but is not limited to the SDK documentation, sample source code, software tools, libraries, and technical notes and specifications.
    2. Obligations of Developer. Developer will use the Confidential Information solely as permitted herein and will maintain the confidentiality of the Confidential Information of WDT with at least the same degree of care that it uses to protect its own highly confidential and proprietary information, but no less than a reasonable degree of care under the circumstances. Developer will not disclose any of WDT’s Confidential Information and will not make any copies of the Confidential Information received from WDT except as necessary for non-commercial use under the terms of this Agreement. Developer shall ensure that each copy of the Confidential Information allowed hereunder contains and states the same confidential or proprietary notices or legends, if any, which appear on the original. The obligations of confidentiality herein for any item of Confidential Information shall terminate only when such piece of Confidential Information becomes subject to one of the exceptions listed in Section 5(c)(i) through 5(c)(vi) or upon prior written agreement by WDT.
    3. Exclusions. Developer will not be liable for the disclosure of any Confidential Information which: (i) rightfully becomes publicly available other than by a breach of a duty to WDT; (ii) is rightfully received from a third party without any obligation of confidentiality; (iii) as proven by Developer’s written records, is rightfully known to Developer without any limitation on use or disclosure prior to its receipt from WDT; (iv) is independently developed by employees of Developer without use or reference to the Confidential Information; (v) is generally made available to third parties by WDT without restriction on disclosure; or (vi) must be disclosed by law or court order, provided Developer immediately notifies WDT of such law or court order, asserts any applicable privileges available to it with respect to such law or order and, upon request, reasonably cooperates with WDT in seeking confidential treatment of such Confidential Information or other appropriate relief from such law or order.
  6. Updates; Registration and Personally-Identifiable Information. You acknowledge that WDT has no obligation to provide you with any support for the SDK, including bug fixes, patches, upgrades, enhanced functions, plug-ins and new versions to the SDK (collectively, "Updates"). WDT may, however, from time to time, issue you the option of manually downloading such Updates.

    As part of any SDK or WD TV device registration process, WDT may request registration-related information, including without limitation your name and e-mail address. By providing this information, you consent to its collection and use by WDT to provide non-promotional communications regarding the SDK and any WD TV device, including notices of Update availability, product recalls, or safety concerns. You will also have the opportunity to opt-in to receive promotional e-mails and materials from WDT and its business partners. By choosing the opt-in option, you give your consent to receive such promotional materials from WDT and its business partners until you exercise your option to unsubscribe from such communications. WDT’s use of personally identifiable information shall be governed by the WDT Privacy Policy. For more information on the use of collected information, please read the WDT Privacy Policy at http://www.wd.com/en/company/corporateinfo/privacy.aspx. You agree to the terms of the WDT Privacy Policy, which are expressly incorporated herein by reference.

  7. Ownership; Trademarks. All Confidential Information shall remain the property of WDT. Nothing in this Agreement shall be construed as granting to Developer any right, license or immunity under any copyrights, inventions, trade secrets or patents now or hereafter owned or controlled by WDT. Developer shall not use any trade name, service mark, or trademark of WDT or refer to WDT in any promotional activity or material without first obtaining the prior written consent of WDT.

  8. Feedback; Residuals. Developer may from time to time provide suggestions, comments or other feedback ("Feedback") to WDT with respect to Confidential Information provided originally by WDT. Developer agrees that all Feedback is and shall be given entirely voluntarily. Feedback, even if designated as "confidential" or "proprietary" by Developer, will not create any confidentiality or other obligation for WDT. WDT’s right to use Feedback as stated in this paragraph will survive the expiration or termination of this Agreement. WDT may use any general learning, skills, ideas, concepts, techniques or know-how or other information retained in the unaided memory of a person who had access to the Developer’s Confidential Information, or otherwise resulting from access to or work with Confidential Information disclosed hereunder (collectively, "Residuals") for any purpose, provided that this right to Residuals does not represent a license under any patents, copyrights or other intellectual property rights of either of the parties.

  9. DISCLAIMER OF WARRANTY

    THE SDK IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WDT AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR LACK OF VIRUSES. WDT DOES NOT WARRANT THAT THE SDK WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE. FOR PURPOSES OF CLARITY, WDT DOES NOT MAKE ANY REPRESENTATIONS ABOUT AND DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY THIRD-PARTY CONTENT OR THE ACTIONS OR OMISSIONS OF A SERVICE PROVIDER OR THIRD-PARTY CONTENT OWNER. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SDK REMAINS WITH YOU. YOU UNDERSTAND AND AGREE THAT ANY SOFTWARE, MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, SYSTEM OR NETWORK, INCLUDING ANY LOSS OR CORRUPTION OF DATA. THE FOREGOING WARRANTY DISCLAIMER SHALL NOT MODIFY, CONSTRUE OR AMEND THE APPLICABLE WARRANTY THAT RELATES TO YOUR USE, IF APPLICABLE, OF WD TV DEVICES.

  10. LIMITATION ON LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WDT OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION LOSS OF DATA, COMPUTER SYSTEM FAILURE, MALFUNCTION OR OTHER PECUNIARY LOSS RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SDK, EVEN IF WDT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WDT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN CONNECTION WITH THE SDK EXCEED $25. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

    WDT IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, DAMAGE TO YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF OR RELATED TO YOUR USE OF THE SDK. THE SDK IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS OR AIR TRAFFIC CONTROL MACHINES OR ANY OTHER MACHINES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

  11. U.S. Government Restricted Rights. The SDK is provided with restricted rights. Use, duplication, or disclosure by the U.S. government is subject to restrictions as set forth in subparagraph (b)(3)(i) of The Rights in Technical Data and Computer Software clause of DFARS 252.227- 7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Western Digital Technologies, Inc., 3355 Michelson Drive, Suite 100, Irvine, CA 92612.

  12. Export Restrictions. WDT makes no representation that the SDK is appropriate for use in your country of use. You acknowledge that no part of the SDK or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any countries subject to U.S. trade embargo (currently Iran, Cuba, Syria, North Korea, and Sudan), or anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using the SDK, you are agreeing to the foregoing, and are representing and warranting that you are not located in or under the control of a national or resident of any such country or on any such list. You further acknowledge and understand that certain functionality of the SDK, such as encryption or authentication, may be subject to import restrictions in the event you transport the SDK from the country of delivery and you are responsible for complying with all applicable restrictions.

  13. Indemnity. You hereby agree to indemnify, defend and hold WDT and its licensors harmless from and against any and all liabilities, damages, claims, fines and expenses (including reasonable attorney’s fees and costs) arising out of any breach of this Agreement by you.

  14. Termination. Without prejudice to any other WDT rights, this Agreement shall terminate automatically without notice if you fail to comply with your obligations under this Agreement. Upon termination, you must immediately cease all use of the SDK and destroy all copies of the SDK. In addition to any other remedy available to WDT, you agree that WDT may seek immediate injunctive relief in the event of a breach of this Agreement by you.

  15. General. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written understandings. This Agreement shall be governed by the laws of the State of California, without regard to conflicts of law provisions. In the event of a dispute between you and WDT both consent to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is held unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The provisions of this Agreement that require or contemplate performance after the termination of this Agreement shall be enforceable notwithstanding such termination. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay), or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.