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Information about the legal policies of Linaro's website
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Information about Linaro™

The “Linaro Website” shall mean the web site operated by or on behalf of Linaro Limited (hereinafter “We/Us/Our”) for your use, whether as a guest or a registered user. Linaro Limited is a private limited company registered in England and Wales with company number 07180318. VAT No: 990 0273 24. Registered Office Address Harston Mill Royston Rd Harston Cambridge CB22 7GG


Accessing Our site

Access to the Linaro Website is permitted on a temporary basis, and We reserve the right to withdraw or amend the information We provide on the Linaro Website without notice. We will not be liable if for any reason the Linaro Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Linaro Website, or the entire Linaro Website, to users who have registered with us.


Use of and reliance on information posted

We grant you permission to download the information on to a computer and to make one hard copy of the information for reference purposes only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

With respect to material, including but not limited to still images, video footage, audio product or visual representations, contained within the Linaro Website, We only grant you permission to download the material for personal use. We do not grant you a right for republication, retransmission, reproduction or other use of such material.

Any of the material on the Linaro Website may be out of date or include omissions, inaccuracies or other errors at any given time, and We are under no obligation to update such material. Commentary and other materials posted on the Linaro Website site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Linaro Website, or by anyone who may be informed of any of its contents.


Our liability

Except where expressly provided otherwise in an agreement between you and us, all information provided directly on the linaro website or indirectly through the Linaro website by hypertext link or otherwise is provided “as is” without warranty of any kind. We hereby disclaim all warranties with respect to this information, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. In no event shall we be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in contract, tort or otherwise, arising from your access to, use of, or reliance upon information obtained from or through the Linaro website. We reserve the right to make changes, updates or corrections to the information on the Linaro website at any time without notice.


Information about you and your visits to Our site

We process information about you gained from your use of the Linaro Website in accordance with Our privacy policy{:.hashLink}.


Transactions concluded through Our site

Contracts for the supply of goods, services or information formed through Our site or as a result of visits made by you are governed by Our terms and conditions notified to you during each individual transaction.


Links from Our site

Where Our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Thank you for visiting Our site.

LEC-ELA-00989-V1.0, 03 May 2010. Address updated September 2012. Copyright (c) 2010 Linaro Limited

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As an organization Linaro Limited is committed to fairness, both in the collection and use of personal information. Fairness has two elements:

Using information in a way that people would reasonably expect and in a way that is fair;

Ensuring, as far is reasonably practical, people know how their information will be used.

To achieve these aims, Linaro follows the code of practice recommended by the UK Information Commissioner under section 51 of the Data Protection Act 1998.

We are committed to safeguarding the privacy of users of web sites operated by or on behalf of Linaro™ Limited (together “Linaro Website”). This statement explains how We collect, use and safeguard Data (defined below) you provide when using a Linaro Website. This statement forms part of and is incorporated into the Terms and Conditions of Use{:.hashLink}. Any personal information which may be collected from a Linaro Website will be treated in accordance with this privacy policy, the Data Protection Act 1998, as amended and other applicable laws. For the purposes of the Data Protection Act 1998, the data controller is Linaro Limited, a company registered in England and Wales with company number 07180318 (hereinafter “We/Us/Our”). Registered office address: Harston Mill Royston Rd Harston Cambridge CB22 7GG. Linaro Limited is a private limited company.

By using a Linaro Website, you consent to the collection and use of your information in the manner and for the purposes set out below.


What personal information is collected?

When you send Us an email or visit a Linaro Website, We may collect, from both public and private areas of the Linaro Website, personal information volunteered by you about you, including name, title, company, county, mailing address, email address, phone numbers, fax numbers, age range and company size and Our web server logs, browser cookies and local shared objects may collect details of your domain name, operating system, browser type, IP address and a unique identifier for your computer, or other access device (“Data”). When you submit Data you are agreeing to its transfer, storage and processing.


Who is collecting the Data?

When you are on a Linaro Website and are asked for Data, you are sharing that Data with Linaro Limited and its related companies. The Data may be stored in the European Economic Area (“EEA”) or transferred to and stored at a destination outside the EEA. Data may be disclosed to and processed by staff operating outside of the EEA who work for Us and Our related companies.

The Linaro Website may also contain various links to third-party web sites. Third-party web sites may provide additional information, goods, services and/or promotions. These sites are owned and operated independently from Us, and have their own separate privacy and data collection practices. Any Data you provide to these web sites will be governed under the terms of their privacy policy, if any. We have no responsibility or liability whatsoever for the independent actions or policies of these independent sites, and are not responsible for the content or privacy practices of such sites.


How is your Data used?

Data maybe used internally by Us, including updating Our databases, contacting you with requested information, maintaining a technical support history, sending marketing information, determining trends in your use of Our product, aiding in the design of Our product and services, processing your enquiries, measuring the use of Our sites, administering and improving the content of Our sites.


With whom do We share your Data?

Except as expressly stated in this policy or on Our web sites, We do not provide your Data to third parties without your consent.

If you register and provide information to a forum or blog the information you provide will be published for anyone to see.

We may occasionally share aggregated demographic Data with Our partners. This Data is not linked to any personal information that can identify any individual person.

We process data in the ordinary course of business and We use third parties to provide services on Our behalf. We will provide your relevant Data to them solely for the purposes of the effective delivery of such services.

In the event that We sell or buy any business or assets, or if Linaro or substantially all of its assets are acquired by a third party the relevant Data held by Us will be one of the transferred assets.

We may use your Data if We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply Our terms of use and other agreements; or to protect the rights, property, or safety of Linaro, Our customers, or others.


What choices do you have regarding the collection, use and distribution of your Data?

We may, from time to time, send you email or direct mail regarding Our products and services. If you do not want to receive such information, simply tell Us when you give Us your Data, or follow the directions contained on the mailing to remove your name from Our mailing list(s).

You also have the right to access (review, correct, amend or delete) your Data by contacting Us. Individuals are responsible for providing Linaro with accurate and complete personal information, and for contacting Us if correction of such information is required. Please note that, where permitted, We may charge a nominal fee for fulfilling access requests and that to the extent permitted by Law We reserve the right to disallow unreasonable requests for access.

Please direct any questions concerning Linaro’s privacy practices or if you have any queries or requests in relation to your Data to privacy@linaro.org or Linaro Limited, Harston Mill, Harston, Cambridgeshire, CB22 7GG, United Kingdom. Requests to unsubscribe from (“opt-out”) of communications from Linaro may also be sent to unsubscribe at privacy@linaro.org.


How secure is your Data?

We always use industry-standard encryption technologies when transferring and receiving Data. We have appropriate security measures in place to protect against any loss, misuse or alteration of information that We have collected. However, We cannot ensure or otherwise warrant the security of any information you provide to Us or from a Linaro Website, and therefore you use the Linaro Website at your own risk.

We do not store credit card details nor do we share customer details with any 3rd parties


What about browser cookies and local shared objects?

This website does not store any information that would, on its own, allow us to identify individual users of this service without their permission. Any cookies that may be used by this website are used either solely on a per session basis or to maintain user preferences. Cookies are not shared with any third parties.

COOKIE NAME DESCRIPTION
flCrumbs This cookie is set on confirmation that visitors are happy with the use of cookies on this website. **This cookie is only set after users have consented to the use of cookies.**
\___utmas___utmbs___utmcs___utmzs These cookies are part of Google Analytics, which we use to monitor traffic levels, search queries and visits to this website, and to highlight potential problems within the site structure.Google Analytics stores IP address anonymously on its servers in the US, and neither we or Google associate your IP address with any personally identifiable information.These cookies enable Google to determine whether you are a return visitor to the site, and to track the pages that you visit during your session. This cookie is set after users have consented to the use of cookies.

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please note that by deleting or disabling browser cookies or local shared objects you may not be able to use certain areas or features of Our site.

To edit cookie settings for PCs

  • Google Chrome Click on ‘Tools’ at the top of your browser window and select Options. Click the ‘Under the Hood’ tab, locate the ‘Privacy’ section, and select the ‘Content settings’ button.
  • Microsoft Internet Explorer 6.0, 7.0, 8.0, 9.0 Locate ‘Internet options’ in the browser menu, then click on the ‘Privacy’ tab.
  • Mozilla Firefox Locate ‘Tools’ in the browser menu and select Options, then select the Privacy icon. Click on Cookies
  • Opera Click on ‘Menu’ at the top of your browser window and select ‘Settings’. Select ‘Preferences’, then the ‘Advanced’ tab

To edit cookie settings for Macs

  • Safari Click on ‘Safari’ at the top of your browser window and select the ‘Preferences’ option, then ‘Security’.
  • Google Chrome Click on ‘Tools’ at the top of your browser window and select Options. Click the ‘Under the Hood’ tab, locate the ‘Privacy’ section, and select the ‘Content settings’ button.
  • Mozilla Firefox Locate ‘Tools’ in the browser menu and select Options, then select the Privacy icon. Click on Cookies
  • Opera Click on ‘Menu’ at the top of your browser window and select ‘Settings’. Select ‘Preferences’, then the ‘Advanced’ tab

Changes to this privacy policy

We may revise this privacy policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Some of the provisions contained in this privacy policy may also be superseded by provisions or notices published elsewhere on Our site.

Thank you for visiting Our site.

LEC-ELA-00990-V2.0, 27 April, 2010, Copyright (c) 2010 Linaro Limited

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Linaro® is a registered trademark of Linaro in the United Kingdom and other countries

Linux® is the registered trademark of Linus Torvalds in the U.S. and other countries

All other trademarks are the property of their respective owners.

The objectives of the Linaro company trademark policy are to: encourage widespread use of the Linaro trademarks by the Linaro™ community while controlling that use in order to avoid confusion on the part of Linaro users and the general public; to maintain the value of the image and reputation of the trademarks and to protect them from inappropriate or unauthorized use.

The Trademark policy and guidelines provide information on what is allowed, what isn’t allowed, and cases in which you should ask permission. If you have any doubt, please contact us at trademarks@linaro.org and a member of our trademark team will be in touch with you shortly.

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1. DEFINITIONS

Words and expressions defined in the Linaro Membership Rules shall have the same meaning in this IP Policy. In addition, in this IP Policy the following words have the following meanings:

"Contribution" means an original work of authorship, including any modifications, abridgements, adaptations, translations and additions to a pre-existing original work of authorship (to the extent comprising an original work of authorship), that is submitted for inclusion in, or for documentation of, a Linaro Project. For the purpose of this definition, the term "submitted" means the delivery or transmission of any form of electronic or written communication to Linaro for inclusion in the Linaro Project, including but not limited to those electronic or written communications delivered or transmitted through electronic mailing lists, source code control systems and issue tracking systems managed by or for Linaro for the purpose of discussing and improving a Linaro Project;

"Contributor" means the copyright owner, or legal entity authorized by the copyright owner, that makes a Contribution to a Linaro Project;

"Linaro Project" means a project in respect of which write access to the source repository is managed by Linaro; and

"Member" is any party which has executed a deed of adherence to the Linaro Membership Rules.

2. INTRODUCTION

The purpose of this Linaro Intellectual Property Policy ("IP Policy") is to set out the general principles under which Linaro will:

a) accept Contributions; b) redistribute Contributions; and c) manage other intellectual property matters.

By signing the Subscription Agreement, Members agree to comply with this IP Policy. In addition, this IP Policy shall serve as the basis for how non-Members interact with Linaro through participation in a Linaro Project.

3. ACCEPTING CONTRIBUTIONS (IN-BOUND LICENSING) AND UPSTREAM LICENSES

When selecting upstream projects to form the basis of a Linaro Project or for inclusion in Linaro staging release or hosting development of new open source software components and accepting Contributions the emphasis in selection will be on the quality of code and community support for such project. However Linaro will only consider software for inclusion in Linaro Projects or in Linaro staging release and will only host development of new open source software and/or accept Contributions if the license under which such software is distributed has been approved as follows;

(a) Software licensed under the Eclipse Public License (EPL), GNU General Public License version 2.x (GPL), GNU Library or “Lesser” Public License version 2.x (LGPL), Mozilla Public License 1.1 (MPL), Massachusetts Institute of Technology (MIT) or simplified Berkeley Software Distribution (BSD) or under any other license that is subsequently approved by the Technical Steering Committee and the Board for automatic approval shall be automatically approved;

(b) Software licensed under any other Open Source Initiative ("OSI") approved software licenses shall be subject to the unanimous approval of the Technical Steering Committee; and

(c) Software licensed under any other license terms and conditions or that has not received unanimous approval under paragraph 3(b) above but had not been unanimously rejected shall be subject to the approval of the Board (or the Board’s designee specifically authorized for this responsibility) and the Technical Steering Committee will, when referring such software to the Board provide the Board with a summary of their discussions and, where relevant, a record of the votes made for and against such software.

Software that is unanimously rejected by the Technical Steering Committee under paragraph 3(b) shall not be required to be referred to the Board.

All license requests shall be recorded by the Technical Steering Committee and the Technical Steering Committee and the Board shall review the licence requests granted and outstanding at such regular intervals as the Technical Steering Committee or the Board shall determine.

Choice of Project License

Existing Open Source Projects

A significant focus of Linaro will be the integration of upstream open source software projects into a staging release. To minimise variances between the upstream projects and such release, Linaro wishes to contribute back to the relevant upstream projects and where successful in that endeavour will contribute back under the licenses already established for those upstream projects. Notwithstanding this ultimate aim, Linaro Projects will, at least transiently, be hosting patches to relevant upstream projects and these Linaro Projects will accept Contributions under the licenses already established for those upstream projects.

Securing Rights

The mechanisms by which Linaro will obtain rights to Contributions sufficient to distribute them are:

(a) under the Subscription Agreements; (b) under express license grants in relevant open source licenses; or (c) as otherwise mutually agreed upon by the Contributor and the Board.

4. REDISTRIBUTING CONTRIBUTIONS (OUT-BOUND LICENSING)

Existing Open Source Projects

The license for distribution of software created in a Linaro Project and which is based on software from an existing open source software project will be compatible with the outbound license of the existing open source software project under which the code was received by Linaro.

New Open Source Projects

The license for distribution of software created in a Linaro Project not based on software from an existing open source software project will be compatible with the licenses approved in accordance with part 3 of this schedule.

5. CONFIDENTIALITY

The Member(s) and other parties may exchange information as a result of their participation in Linaro and/or generally in the furtherance of the Objective (defined in the Membership Rules) of Linaro. All such information shall be considered non-confidential and provided under terms consistent with this IP Policy. In the event confidential information needs to be shared, such confidential information shall be disclosed pursuant to a confidentiality agreement entered into by the participants in such disclosure.

6. TRADEMARKS AND LOGOS

The use of trademarks and logos associated with Linaro shall be used in accordance with the then current Linaro Trademark Usage Guidelines.

7. DISCLAIMERS AND NOTICES

UNDER NO CIRCUMSTANCES SHOULD THIS IP POLICY BE INTERPRETED TO BE A REPRESENTATION, WARRANTY, CONDITION, OR OTHER FORM OF GUARANTEE THAT THE INTELLECTUAL PROPERTY RIGHTS OF A MEMBER, OR ANY OTHER PARTY, WILL NOT BE INFRINGED IF THIS IP POLICY IS COMPLIED WITH. IN ADDITION, LINARO, ITS MEMBERS AND THEIR RESPECTIVE EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY OF ANY KIND TO EACH OTHER OR TO ANY OTHER PARTY FOR FAILURE TO COMPLY WITH THIS IP POLICY.

LINARO, ITS MEMBERS AND THEIR RESPECTIVE EMPLOYEES AND AGENTS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED AND STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION OR WARRANTY OF NON-INFRINGEMENT RELATING TO ANY SOFTWARE OR PRODUCT MADE AVAILABLE THROUGH LINARO.

LINARO, ITS MEMBERS AND THEIR RESPECTIVE EMPLOYEES AND AGENTS SHALL NOT HAVE ANY LIABILITY INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES WITH RESPECT TO THIS IP POLICY INCLUDING, BUT NOT LIMITED TO, FAILURE TO COMPLY WITH THIS IP POLICY.

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The defined terms in these Antitrust Guidelines shall have the same meanings given to them in these Rules.

1. BACKGROUND

1.1

The Members, officers, Directors and the employees (each, a "Participant") of Linaro understand that all of Linaro’s meetings and activities will be conducted strictly in accordance with all relevant competition laws.

1.2

As a reference and to assist in complying with the relevant competition laws, below is a summary of the principal competition law issues that may arise in the context of Linaro meetings or discussions. It is not meant to be a comprehensive analysis of the competition laws of every country, but it should alert participants to high-risk activities and the need to consult with a lawyer whenever they are in any doubt and before acting. Failure to respect the basic guidelines set out in this document could expose Linaro and each of its Participants to significant fines and/or criminal sanctions. It is the policy of Linaro that if any doubt exists as to whether it is permissible to discuss a particular topic or to engage in a particular practice, no further action is to be taken until the matter has been referred to legal counsel for guidance.

1.3

All Participants should understand that the competition laws differ across jurisdictions and that these Guidelines are not meant to be a substitute for his or her consulting with legal counsel about appropriate conduct.

2. INTRODUCTION TO COMPETITION LAW

2.1

Competition law seeks to promote competition between competitors with the goal of achieving benefits for consumers of products and services. Competitors are therefore prohibited from cooperating in ways that distort the competitive process and frustrate the aforementioned goal of competition law. Accordingly, under competition law, there are rules as to what types of information and topics can be legitimately discussed between competitors without giving rise to concerns that their conduct on the market is being aligned. A non-exhaustive list of examples of the types of topics that should not be discussed in the context of Linaro are set out in Section 3 of these guidelines.

2.2

Moreover, when industry members (including Members of Linaro within an industry) develop and adopt technology, it is important for the process to be open and transparent. In addition, industry members (including Members of Linaro within an industry) should not enter into agreements that would result in competition being adversely affected. If a Linaro Member has any doubts about whether its conduct may restrict competition, they should seek legal advice.

2.3

It should be noted that the range of subjects, issues and matters, which may be subject to the provisions of both national and international competition law, is enormous. There is no definitive list of matters or behaviour that would be considered "anti-competitive," although there are certain types of conduct that would be regarded as "egregious" violations of competition law irrespective of jurisdiction. Examples of such egregious violations of competition law are set out in Section 4 of these Guidelines.

2.4

It is vital that Participants in Linaro are vigilant in ensuring that at no time are they involved in any behaviour that would be considered anti-competitive by the relevant authorities. Such vigilance is even more compelling given the heavy financial sanctions (and criminal in some jurisdictions) that exist for egregious breaches of competition law.

2.5

Guidance relating to: (i) the types of information that should not be exchanged in the context of Linaro; (ii) agreements that would constitute egregious violations of competition law; (iii) the conduct of Participants in Linaro’s Councils and committees; and (iv) the general conduct of all Linaro meetings are set out below.

3. GUIDANCE RELATING TO INFORMATION EXCHANGES IN LINARO

3.1

Under competition law, exchanges of information between competitors that would typically be regarded as commercially sensitive or confidential are not permitted because they may cause these competitors to coordinate or align their conduct, thus distorting the market. Exchanges of this type of information may also be seen as evidence of the existence of an anti-competitive agreement between the different parties that represents an egregious violation of competition law (examples of which are set out in Section 4). Participants in Linaro will therefore not discuss (seriously or in jest) or exchange information regarding the following:

  • Individual company prices, proposed price changes, price differentials, price levels, pricing patterns or policies, pricing plans or terms and conditions of sale affecting price such as mark-ups, discounts, allowances, promotions, or credit terms.
  • Individual company data on costs, production plans, capacity, inventory, sales data, profit margins, or other data from which a competitor could discern prices.
  • Individual company policies relating to current or future strategy, including investment, technology, research and development, production, distribution, or marketing (including advertising) of particular products.
  • Individual company bids for particular customers or company procedures for responding to bid invitations or any other data relating to existing customers.
  • Industry pricing policies, price levels, price changes, pricing procedures, profit margins, or other data that relates to price.
  • Matters related to allocation of territories, allocation of customers, or restrictions on manufacturing or selling certain products.
  • Matters related to dealing or not dealing with a competitor, supplier, or customer that might have the effect of excluding them from any market or influencing the business conduct of firms toward them. 4268669-21 46

3.2

Any proposals regarding statistical, benchmarking or other survey programmes for Linaro should not be discussed until legal advice has been sought and obtained.

4. GUIDANCE RELATING TO AGREEMENTS THAT REPRESENT EGREGIOUS VIOLATIONS OF COMPETITION LAW

4.1

Certain types of agreements between independent enterprises are regarded as constituting egregious violations of competition law because they distort competition and adversely affect customers. The main examples of such conduct are set out below. However, the list of agreements and practices set out below is not exhaustive.

4.2

It is important to note that the meaning of "agreement" in the context of competition law is very broad. An agreement need not be expressly stated or in writing; for the purposes of competition law, an agreement may be deemed to exist with no formal offer or acceptance. An agreement may be proven entirely by indirect or circumstantial evidence, e.g., competitors exchanging price lists at meetings of a trade association or other industry body. Communications among competitors are often used as circumstantial evidence of the existence of an agreement. Anything an employee says or writes to a competitor can be used as evidence in action against the company or the individual concerned. For the avoidance of doubt, "off the record" conversations or a "gentleman’s agreement" or "standard industry practice" will not enable any party to evade the general prohibition under competition law.

(A) Price Fixing

4.3

Price-fixing agreements between competitors, often called "cartels," are the most frequently prosecuted competition law violation.

4.4

Virtually every developed country prohibits price-fixing agreements. The penalties for engaging in such conduct are typically financial, although in certain jurisdictions (most notably the United States and the United Kingdom), criminal sanctions may also apply, resulting in substantial prison sentences for those individuals who are found to have violated competition law.

4.5

The prohibition against price fixing applies broadly to any understanding or agreement that has the effect of raising, lowering, or stabilizing prices among competitors, including agreements on the following:

  • Prices or discounts;
  • Margins;
  • Credit terms;
  • Promotional programs; and
  • Other terms and conditions of sale.

4.6

It is also illegal for companies to enter into an agreement with their customers to set the resale price (known as resale price maintenance) of a product.

(B) Allocation of Supply or partitioning of Markets

4.7

Agreements among competitors or potential competitors to allocate supply or partition markets are just as serious as price fixing. These include agreements between competitors concerning the:

  • Quantities of goods that are to be purchased, produced, or marketed;
  • Geographic areas into which they will sell;
  • Customers to whom they will sell;
  • Market share each firm will achieve; and
  • Products they will sell.

(C) Group Boycotts

4.8

Group boycotts refer to understandings or agreements by two or more Persons to refrain from dealing with another party or only to deal under certain terms. These types of agreements will generally be illegal if the agreement 1) is designed to exclude a competitor from a trade association or a standards-setting group where membership is necessary for that firm to compete effectively in the relevant market or 2) has the purpose or effect of raising prices or reducing competition. Similarly, rules of industry associations that prevent or restrict members from dealing with competing bodies, suppliers or technologies may be illegal if they adversely affect competition. In addition, agreements among competitors or firms on different levels of the distribution chain are illegal if the purpose or effect of the boycott is to allocate markets or raise prices.

5. GUIDANCE GOVERNING PARTICIPATION IN LINARO

5.1 Linaro has been established to be the leading consumer-focused open source enabling distribution, driving innovation across vertical segments, and deployed by the industry's leading OEM, operator and semiconductor companies. In achieving this goal, it has been determined that:

  • membership in Linaro shall be determined only on the basis of the objective and nondiscriminatory criteria specified in the Membership Criteria;
  • any recommendations arising out of any Working Groups that are adopted are based on objective criteria and interpreted objectively and accurately;
  • decisions are not made by those unfamiliar with the objectives of Linaro and the basis on which decisions are made within Linaro;
  • the recommendations issued by any Working Groups accomplish Linaro’s goals and objectives in the least restrictive way; and
  • Participants should not enter into agreements that prevent them from participating in other industry bodies or from dealing in alternative technologies outside of Linaro.

6. RULES FOR LINARO MEETINGS AND OTHER ACTIVITIES

Subject to the terms set out in these Rules, all meetings will follow these procedures:

  • A draft agenda will be prepared before each meeting of the Board and sent to Linaro’s legal counsel for review and approval.
  • Each meeting will begin with a statement from the Chairperson of that meeting that the Participants have agreed to follow these guidelines and copies will be available at the meetings for participants to review. All Participants should confirm that they are aware of and understand these Guidelines.
  • Discussions at meetings will follow the topics on the agenda. Members wishing to raise any topics for discussion should inform the Board at the time the agenda is prepared. Legal counsel will be consulted if a Participant has a concern about the direction of any discussion. Such discussion will cease until legal counsel has approved it.
  • Minutes will be drafted that accurately reflect the matters that occur at each meeting and will be sent to legal counsel and the Members for review before being made final.
  • If any Participant persists in discussing a prohibited subject as set out in these guidelines or any subject that raises competition law concerns, other Participants should leave the meeting. Where a Participant leaves a Linaro meeting, that Participant should make his or her departure obvious, stating the reasons for the departure.
  • All Participants should be careful in his or her choice of words at meetings; they should never, even in jest, use words that indicate that they approve of or have participated in prohibited conduct; they should avoid conjecture, exaggeration or colourful or ambiguous language that might be misinterpreted.

7. CONCLUSION

7.1

This document contains guidelines and general advice to Members in relation to issues of competition law. In case of doubt, specific advice should always be sought. The extensive range of matters and behaviour that may be deemed anti-competitive should always be borne in mind. Failure to observe this principle may result in serious consequences for both Linaro and its member Participants. It is incumbent on all Participants at all times, not just Chairmen of meetings or working groups to follow the specific rules and advice contained in this document. Respecting these Guidelines is to the benefit of all Participants in Linaro.

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Cancellation policy: If you need to cancel for any reason please contact us by emailing connect@linaro.org. Refunds will only be issued for cancellations received at least 3 weeks prior to the first day of the event and may take up to 14 days to process. Please note that we reserve the right to charge a 5% processing fee on all refunds.

Payment instructions: Payments are done through Paypal. To complete payment, you will need to fill in your billing address, click ‘Make Payment’ and then press the Paypal button on the following page to complete the transaction.

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