|
1 | | -Heap iOS Autocapture Software License Agreement |
2 | | -======================================= |
3 | | - |
4 | | - |
5 | | -License |
6 | | -------- |
7 | | - |
8 | | -1. Under this Software License Agreement (the "Agreement"), Heap (the |
9 | | - "Vendor") grants to the user (the "Licensee") a non-exclusive |
10 | | - and non-transferable license (the "License") to use Heap iOS |
11 | | - Autocapture (the "Software"). |
12 | | - |
13 | | -2. "Software" includes the executable computer programs and any |
14 | | - related printed, electronic and online documentation and any other |
15 | | - files that may accompany the product. |
16 | | - |
17 | | -3. "Licensee Application" means software applications developed by the |
18 | | - Licensee integrating the Software distributed to End Users. |
19 | | - |
20 | | -4. "End Users" means final users of the Lincenee Application. |
21 | | - |
22 | | -5. Except where explicitly exempted in (7) below, title, copyright, |
23 | | - intellectual property rights and distribution rights of the Software |
24 | | - remain exclusively with the Vendor. Intellectual property rights |
25 | | - include the look and feel of the Software. This Agreement |
26 | | - constitutes a license for use only and is not in any way a transfer |
27 | | - of ownership rights to the Software. |
28 | | - |
29 | | -6. The rights and obligations of this Agreement are personal rights |
30 | | - granted to the Licensee only. The Licensee may not transfer or |
31 | | - assign any of the rights or obligations granted under this Agreement |
32 | | - to any other person or legal entity. Except where permitted in (7) |
33 | | - below, the Licensee may not make available the Software for use by |
34 | | - one or more third parties. |
35 | | - |
36 | | -7. Subject to the terms and conditions of the Agreement, the Vendor |
37 | | - grants to the Licensee a worldwide, irrevocable, royalty-free, |
38 | | - fully-paid up license to copy and distribute the Software when |
39 | | - embedded in Licensee Applications intended for End Users. |
40 | | - |
41 | | -8. End Users using Licensee Applications are not required to have a |
42 | | - valid License. |
43 | | - |
44 | | -9. The Software may not be modified, reverse-engineered, or de-compiled |
45 | | - in any manner through current or future available technologies. |
46 | | - |
47 | | -10. Failure to comply with any of the terms under the License section |
48 | | - will be considered a material breach of this Agreement. |
49 | | - |
50 | | - |
51 | | -Limitation of Liability |
52 | | ------------------------ |
53 | | - |
54 | | -11. The Software is provided by the Vendor and accepted by the Licensee |
55 | | - "as is". Liability of the Vendor will be limited to a maximum of |
56 | | - the original purchase price of the Software. The Vendor will not be |
57 | | - liable for any general, special, incidental or consequential damages |
58 | | - including, but not limited to, loss of production, loss of profits, |
59 | | - loss of revenue, loss of data, or any other business or economic |
60 | | - disadvantage suffered by the Licensee arising out of the use or |
61 | | - failure to use the Software. |
62 | | - |
63 | | -12. The Vendor makes no warranty expressed or implied regarding the |
64 | | - fitness of the Software for a particular purpose or that the |
65 | | - Software will be suitable or appropriate for the specific |
66 | | - requirements of the Licensee. |
67 | | - |
68 | | -13. The Vendor does not warrant that use of the Software will be |
69 | | - uninterrupted or error-free. The Licensee accepts that software in |
70 | | - general is prone to bugs and flaws within an acceptable level as |
71 | | - determined in the industry. |
72 | | - Warrants and Representations |
73 | | - |
74 | | -14. The Vendor warrants and represents that it is the copyright holder |
75 | | - of the Software. The Vendor warrants and represents that granting |
76 | | - the license to use this Software is not in violation of any other |
77 | | - agreement, copyright or applicable statute. |
78 | | - |
79 | | - |
80 | | -Acceptance |
81 | | ----------- |
82 | | - |
83 | | -15. All terms, conditions and obligations of this Agreement will be |
84 | | - deemed to be accepted by the Licensee ("Acceptance") on |
85 | | - installation of the Software. |
86 | | - |
87 | | - |
88 | | -User Support |
89 | | ------------- |
90 | | - |
91 | | -16. No user support or maintenance is provided as part of this |
92 | | - Agreement. |
93 | | - |
94 | | - |
95 | | -Term |
96 | | ----- |
97 | | - |
98 | | -17. The term of this Agreement will begin on Acceptance and is |
99 | | - perpetual. |
100 | | - |
101 | | - |
102 | | -Termination |
103 | | ------------ |
104 | | - |
105 | | -18. This Agreement will be terminated and the License forfeited where |
106 | | - the Licensee has failed to comply with any of the terms of this |
107 | | - Agreement or is in breach of this Agreement. On termination of this |
108 | | - Agreement for any reason, the Licensee will promptly destroy the |
109 | | - Software or return the Software to the Vendor. |
110 | | - |
111 | | - |
112 | | -Force Majeure |
113 | | -------------- |
114 | | - |
115 | | -19. The Vendor will be free of liability to the Licensee where the |
116 | | - Vendor is prevented from executing its obligations under this |
117 | | - Agreement in whole or in part due to Force Majeure, such as |
118 | | - earthquake, typhoon, flood, fire, and war or any other unforeseen |
119 | | - and uncontrollable event where the Vendor has taken any and all |
120 | | - appropriate action to mitigate such an event. |
121 | | - |
122 | | - |
123 | | -Governing Law |
124 | | -------------- |
125 | | - |
126 | | -20. The Parties to this Agreement submit to the jurisdiction of the |
127 | | - courts of the State of California for the enforcement of this |
128 | | - Agreement or any arbitration award or decision arising from this |
129 | | - Agreement. This Agreement will be enforced or construed according to |
130 | | - the laws of the State of California. |
131 | | - |
132 | | - |
133 | | -Miscellaneous |
134 | | -------------- |
135 | | - |
136 | | -21. This Agreement can only be modified in writing signed by both the |
137 | | - Vendor and the Licensee. |
138 | | - |
139 | | -22. This Agreement does not create or imply any relationship in agency |
140 | | - or partnership between the Vendor and the Licensee. |
141 | | - |
142 | | -23. Headings are inserted for the convenience of the parties only and |
143 | | - are not to be considered when interpreting this Agreement. Words in |
144 | | - the singular mean and include the plural and vice versa. Words in |
145 | | - the masculine gender include the feminine gender and vice versa. |
146 | | - Words in the neuter gender include the masculine gender and the |
147 | | - feminine gender and vice versa. |
148 | | - |
149 | | -24. If any term, covenant, condition or provision of this Agreement is |
150 | | - held by a court of competent jurisdiction to be invalid, void or |
151 | | - unenforceable, it is the parties' intent that such provision be |
152 | | - reduced in scope by the court only to the extent deemed necessary by |
153 | | - that court to render the provision reasonable and enforceable and |
154 | | - the remainder of the provisions of this Agreement will in no way be |
155 | | - affected, impaired or invalidated as a result. |
156 | | - |
157 | | -25. This Agreement contains the entire agreement between the parties. |
158 | | - All understandings have been included in this Agreement. |
159 | | - Representations which may have been made by any party to this |
160 | | - Agreement may in some way be inconsistent with this final written |
161 | | - Agreement. All such statements are declared to be of no value in |
162 | | - this Agreement. Only the written terms of this Agreement will bind |
163 | | - the parties. |
164 | | - |
165 | | -26. This Agreement and the terms and conditions contained in this |
166 | | - Agreement apply to and are binding upon the Vendor's successors and |
167 | | - assigns. |
168 | | - |
169 | | - |
170 | | -Notices |
171 | | -------- |
172 | | - |
173 | | -27. All notices to the Vendor under this Agreement are to be provided at |
174 | | - the following address: |
175 | | - Heap |
176 | | - 225 Bush St Ste 200 |
177 | | - San Francisco CA 94104-4251 |
178 | | - USA |
| 1 | + The Content Square iOS SDK License 1.0 |
| 2 | + (c) Content Square SAS 2023 |
| 3 | + |
| 4 | +By downloading, installing, implementing or otherwise using the Content Square |
| 5 | +SAS iOS SDK (“the Contentsquare iOS SDK”) you agree to the terms and conditions |
| 6 | +of this License Agreement. |
| 7 | + |
| 8 | +Contentsquare grants you a limited, royalty-free, non-exclusive, |
| 9 | +non-transferrable, non-sublicensable, revocable copyright license to use and |
| 10 | +reproduce, without modification, the Contentsquare iOS SDK solely to enable the |
| 11 | +use of Contentsquare with or in your iOS platform applications, subject to the |
| 12 | +following conditions: |
| 13 | + |
| 14 | +Other than as permitted in this agreement, you may not distribute, display, |
| 15 | +copy, execute publicly, make available to the public, reduce to human readable |
| 16 | +form, lease, resale, disassemble, decompile, adapt, sublicense, host as a |
| 17 | +service, make other commercial use of, sell, rent, lend, process, compile, |
| 18 | +reverse engineer, combine with other software, translate, modify, or create |
| 19 | +derivative works of the Contentsquare iOS SDK. |
| 20 | + |
| 21 | +Contentsquare has no obligation to enable you or any of your applications to |
| 22 | +access, interact with, or retrieve or publish content to any Contentsquare |
| 23 | +platform or service. However, Contentsquare may provide you with such platform |
| 24 | +services on additional terms. |
| 25 | + |
| 26 | +Contentsquare further has no obligation to provide support, maintenance, |
| 27 | +upgrades, modifications, or new releases of the Contentsquare iOS SDK, unless |
| 28 | +otherwise agreed in writing. |
| 29 | + |
| 30 | +All other rights are reserved. |
| 31 | + |
| 32 | +TO THE FULLEST EXTENT PERMITTED BY LAW, CONTENTSQUARE MAKES NO, AND HEREBY |
| 33 | +DISCLAIMS ANY AND ALL, REPRESENTATIONS WARRANTIES, CONDITIONS AND ALL OTHER |
| 34 | +TERMS OF ANY KIND WHATSOEVER WITH RESPECT TO THE CONTENTSQUARE iOS SDK AND |
| 35 | +RELATED DOCUMENTATION, OR ADDITIONAL SERVICES, WHETHER EXPRESS OR IMPLIED, ORAL |
| 36 | +OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, QUALITY, |
| 37 | +PERFORMANCE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR |
| 38 | +PURPOSE. FOR THE AVOIDANCE OF DOUBT, CONTENTSQUARE DOES NOT WARRANT THAT THE |
| 39 | +CONTENTSQUARE iOS SDK SHALL MEET YOUR NEEDS OR BE ERROR FREE. IN NO EVENT SHALL |
| 40 | +CONTENTSQUARE BE LIABLE FOR ANY TYPE OF DAMAGES (INCLUDING, BUT NOT LIMITED TO, |
| 41 | +PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR |
| 42 | +BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER |
| 43 | +IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
| 44 | +ARISING IN ANY WAY OUT OF THE USE OF THE CONTENTSQUARE iOS SDK, EVEN IF ADVISED |
| 45 | +OF THE POSSIBILITY OF SUCH DAMAGE. YOU ASSUME SOLE RESPONSIBILITY FOR RESULTS |
| 46 | +OBTAINED FROM THE USE OF THE CONTENTSQUARE iOS SDK BY YOU. THE CONTENTSQUARE |
| 47 | +iOS SDK, SCRIPTS, OR ADDITIONAL SERVICES ARE PROVIDED TO YOU ON AN “AS IS” |
| 48 | +BASIS. |
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