296 lines
16 KiB
Plaintext
296 lines
16 KiB
Plaintext
BITWARDEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT
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Version 1, 17 March 2023
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1. Introduction
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1.1 The Bitwarden Software Development Kit (referred to in the License Agreement
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as the "SDK" and available for download at the following URL
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https://github.com/bitwarden/sdk) is licensed to you subject to the terms of
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this License Agreement. The License Agreement forms a legally binding contract
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between you and the Company in relation to your use of the SDK.
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1.2 "Bitwarden" means the Bitwarden software made available by the Company,
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available for download at the following URL, as updated from time to time.
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1.3 A "Compatible Application" means any software program or service that (i)
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connects to and interoperates with a current version of the Bitwarden server
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products distributed by the Company; and (ii) complies with the Company’s
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acceptable use policy available at the following URL:
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https://bitwarden.com/terms/#acceptable_use.
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1.4 "Company" means Bitwarden Inc., organized under the laws of the State of
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Delaware.
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2. Accepting this License Agreement
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2.1 In order to access or use the SDK, you must first agree to the License
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Agreement. You may not access or use the SDK if you do not accept the License
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Agreement.
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2.2 By clicking to accept and/or accessing or using the SDK, you hereby agree to
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the terms of the License Agreement.
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2.3 You may not access or use the SDK and may not accept the License Agreement
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if you are a person barred from receiving the SDK under the laws of the United
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States or other countries, including the country in which you are resident or
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from which you access or use the SDK.
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2.4 If you are agreeing to be bound by the License Agreement on behalf of your
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employer or any other entity, you represent and warrant that you have full legal
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authority to bind your employer or such other entity to the License Agreement.
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If you do not have the requisite authority, you may not accept the License
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Agreement or you may not access or use the SDK on behalf of your employer or
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other entity.
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3. SDK License from Bitwarden
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3.1 Subject to the terms of this License Agreement, Bitwarden grants you a
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limited, worldwide, royalty-free, non-assignable, non-exclusive, and
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non-sublicensable license to use the SDK solely (a) to develop, test, and
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demonstrate a Compatible Application; (b) to develop, test, and run a Compatible
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Application for personal use by your family; or (c) to to develop, test, and run
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a Compatible Application for the internal business operations of your
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organization in connection with a paid license for a Bitwarden server product,
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provided that in no case above may the Compatible Application be offered,
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licensed, or sold to a third party.
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3.2 You agree that Bitwarden or third parties own all legal right, title and
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interest in and to the SDK, including any Intellectual Property Rights that
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subsist in the SDK. "Intellectual Property Rights" means any and all rights
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under patent law, copyright law, trade secret law, trademark law, and any and
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all other proprietary rights. Bitwarden reserves all rights not expressly
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granted to you.
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3.3 You may not use this SDK to develop applications for use with software other
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than Bitwarden (including non-compatible implementations of Bitwarden) or to
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develop another SDK.
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3.4 You may not use the SDK for any purpose not expressly permitted by the
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License Agreement. Except for contributions to Bitwarden pursuant to the
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Contribution License Agreement available at this URL:
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https://cla-assistant.io/bitwarden/clients, or to the extent required by
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applicable third party licenses, you may not copy modify, adapt, redistribute,
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decompile, reverse engineer, disassemble, or create derivative works of the SDK
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or any part of the SDK.
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3.5 Use, reproduction, and distribution of a component of the SDK licensed under
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an open source software license are governed solely by the terms of that open
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source software license and not the License Agreement.
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3.6 You agree that the form and nature of the SDK that the Company provides may
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change without prior notice to you and that future versions of the SDK may be
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incompatible with applications developed on previous versions of the SDK. You
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agree that the Company may stop (permanently or temporarily) providing the SDK
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or any features within the SDK to you or to users generally at the Company’s
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sole discretion, without prior notice to you.
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3.7 Nothing in the License Agreement gives you a right to use any of the
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Company’s trade names, trademarks, service marks, logos, domain names, or other
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distinctive brand features.
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3.8 You agree that you will not remove, obscure, or alter any proprietary rights
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notices (including copyright and trademark notices) that may be affixed to or
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contained within the SDK.
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4. Use of the SDK by You
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4.1 The Company agrees that it obtains no right, title, or interest from you (or
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your licensors) under the License Agreement in or to any software applications
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that you develop using the SDK, including any Intellectual Property Rights that
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subsist in those applications.
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4.2 You agree to use the SDK and write applications only for purposes that are
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permitted by (a) the License Agreement and (b) any applicable law, regulation or
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generally accepted practices or guidelines in the relevant jurisdictions
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(including any laws regarding the export of data or software to and from the
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United States or other relevant countries).
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4.3 You agree that if you use the SDK to develop applications for other users,
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you will protect the privacy and legal rights of those users. If the users
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provide you with user names, passwords, or other login information or personal
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information, you must make the users aware that the information will be
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available to your application, and you must provide legally adequate privacy
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notice and protection for those users. If your application stores personal or
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sensitive information provided by users, it must do so securely. If the user
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provides your application with Bitwarden Account information, your application
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may only use that information to access the user's Bitwarden Account when, and
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for the limited purposes for which, the user has given you permission to do so.
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4.4 You agree that you will not engage in any activity with the SDK, including
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the development or distribution of an application, that interferes with,
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disrupts, damages, or accesses in an unauthorized manner the servers, networks,
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or other properties or services of any third party including, but not limited
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to, the Company, or any mobile communications carrier or public cloud service.
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4.5 If you use the SDK to retrieve a user's data from Bitwarden, you acknowledge
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and agree that you shall retrieve data only with the user's explicit consent and
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only when, and for the limited purposes for which, the user has given you
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permission to do so.
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4.6 You agree that you are solely responsible for, and that the Company has no
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responsibility to you or to any third party for, any data, content, or resources
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that you create, transmit or display through Bitwarden and/or applications for
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Bitwarden, and for the consequences of your actions (including any loss or
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damage which Bitwarden may suffer) by doing so.
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4.7 You agree that you are solely responsible for, and that the Company has no
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responsibility to you or to any third party for, any breach of your obligations
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under the License Agreement, any applicable third party contract or Terms of
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Service, or any applicable law or regulation, and for the consequences
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(including any loss or damage which the Company or any third party may suffer)
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of any such breach.
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5. Third Party Applications
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5.1 If you use the SDK to integrate or run applications developed by a third
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party or that access data, content or resources provided by a third party, you
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agree that the Company is not responsible for those applications, data, content,
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or resources. You understand that all data, content or resources which you may
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access through such third party applications are the sole responsibility of the
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person from which they originated and that the Company is not liable for any
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loss or damage that you may experience as a result of the use or access of any
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of those third party applications, data, content, or resources.
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5.2 You should be aware that the data, content, and resources presented to you
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through such a third party application may be protected by intellectual property
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rights which are owned by the providers (or by other persons or companies on
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their behalf). You acknowledge that your use of such third party applications,
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data, content, or resources may be subject to separate terms between you and the
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relevant third party. In that case, the License Agreement does not affect your
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legal relationship with these third parties.
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6. Use of Bitwarden Server
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You acknowledge and agree that the Bitwarden server products to which any
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Compatible Application must connect is protected by intellectual property rights
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which are owned by the Company and your use of the Bitwarden server products is
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subject to additional terms not set forth in this License Agreement.
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7. Terminating this License Agreement
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7.1 The License Agreement will continue to apply until terminated by either you
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or the Company as set out below.
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7.2 If you want to terminate the License Agreement, you may do so by ceasing
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your use of the SDK and any relevant developer credentials.
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7.3 The Company may at any time, terminate the License Agreement with you if:
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(a) you have breached any provision of the License Agreement; or
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(b) the Company is required to do so by law; or
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(c) a third party with whom the Company offered certain parts of the SDK to you
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has terminated its relationship with the Company or ceased to offer certain
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parts of the SDK to either the Company or to you; or
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(d) the Company decides to no longer provide the SDK or certain parts of the SDK
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to users in the country in which you are resident or from which you use the
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service, or the provision of the SDK or certain SDK services to you by the
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Company is, in the Company’'s sole discretion, no longer commercially viable or
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technically practicable.
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7.4 When the License Agreement comes to an end, all of the legal rights,
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obligations and liabilities that you and the Company have benefited from, been
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subject to (or which have accrued over time whilst the License Agreement has
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been in force) or which are expressed to continue indefinitely, shall be
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unaffected by this cessation, and the provisions of paragraph 12.8 shall
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continue to apply to such rights, obligations and liabilities indefinitely.
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8. NO SUPPORT
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The Company is not obligated under this License Agreement to provide you any
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support services for the SDK. Any support provided is at the Company’s sole
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discretion and provided on an "as is" basis and without warranty of any kind.
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9. DISCLAIMER OF WARRANTIES
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9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE
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RISK AND THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF
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ANY KIND FROM Bitwarden.
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9.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
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THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY
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RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF
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DATA THAT RESULTS FROM SUCH USE.
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9.3 THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
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KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
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WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
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AND NON-INFRINGEMENT.
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10. LIMITATION OF LIABILITY
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND
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AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF
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LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
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STATUTORY, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS
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OF DATA, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF
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OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
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11. Indemnification
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To the maximum extent permitted by law, you agree to defend, indemnify and hold
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harmless the Company, its affiliates and their respective directors, officers,
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employees and agents from and against any and all claims, actions, suits or
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proceedings, as well as any and all losses, liabilities, damages, costs and
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expenses (including reasonable attorneys fees) arising out of or accruing from
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(a) your use of the SDK, (b) any application you develop on the SDK that
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infringes any copyright, trademark, trade secret, trade dress, patent or other
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intellectual property right of any person or defames any person or violates
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their rights of publicity or privacy, and (c) any non-compliance by you with the
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License Agreement.
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12. General Legal Terms
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12.1 The Company may make changes to the License Agreement as it distributes new
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versions of the SDK. When these changes are made, the Company will make a new
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version of the License Agreement available on the website where the SDK is made
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available.
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12.2 The License Agreement constitutes the whole legal agreement between you and
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the Company and governs your use of the SDK (excluding any services or software
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which the Company may provide to you under a separate written agreement), and
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completely replaces any prior agreements between you and the Company in relation
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to the SDK.
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12.3 You agree that if the Company does not exercise or enforce any legal right
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or remedy which is contained in the License Agreement (or which the Company has
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the benefit of under any applicable law), this will not be taken to be a formal
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waiver of the Company's rights and that those rights or remedies will still be
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available to the Company.
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12.4 If any court of law, having the jurisdiction to decide on this matter,
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rules that any provision of the License Agreement is invalid, then that
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provision will be removed from the License Agreement without affecting the rest
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of the License Agreement. The remaining provisions of the License Agreement will
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continue to be valid and enforceable.
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12.5 You acknowledge and agree that each member of the group of companies of
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which the Company is the parent shall be third party beneficiaries to the
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License Agreement and that such other companies shall be entitled to directly
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enforce, and rely upon, any provision of the License Agreement that confers a
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benefit on them or rights in favor of them. Other than this, no other person or
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company shall be third party beneficiaries to the License Agreement.
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12.6 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND
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REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND
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REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE RESTRICTIONS ON
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DESTINATIONS, END USERS, AND END USE.
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12.7 The rights granted in the License Agreement may not be assigned or
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transferred by either you or the Company without the prior written approval of
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the other party, provided that the Company may assign this License Agreement
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upon notice to you in connection with an acquisition, merger, sale of assets, or
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similar corporate change in control for the Company or the Intellectual Property
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Rights in the SDK.
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12.8 The License Agreement, and any dispute relating to or arising out of this
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License Agreement, shall be governed by the laws of the State of California
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without regard to its conflict of laws provisions. You and the Company agree to
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submit to the exclusive jurisdiction of the courts located within the county of
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Los Angeles, California to resolve any dispute or legal matter arising from the
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License Agreement. Notwithstanding this, you agree that the Company shall be
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allowed to apply for injunctive remedies, or any equivalent type of urgent legal
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relief, in any forum or jurisdiction.
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