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End-User License Agreement - United Kingdom and Republic of Ireland

IMPORTANT -- READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS SOFTWARE APPLICATION. BY ACCESSING OR USING THIS SOFTWARE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING THE SOFTWARE APPLICATION.

1. Receiving Emails, SMS/Text Communications, and/or Push Notifications

As part of the registration process you may elect to receive notifications about use of your sleep therapy device by email and/or by a SMS/text to your mobile phone. Please note that message and data rates apply. For SMS/text communications you will receive a text message to your mobile phone after selecting to receive messages in this manner.

Email and SMS/Text communications may not be encrypted and may not be a secure method of communication. With any email or SMS/Text communication, there is a risk that the communication could be intercepted during the transmission of the communication. By completing this registration process, you acknowledge and accept this risk and agree that RESPIRONICS, Inc., (“LICENSOR”) may send you personal information, including protected health information, by email or SMS/text message. You further agree to be responsible for safeguarding any identifiable personal information once you receive this information on your phone, computer, or other device.

By agreeing to this License Agreement, you will be opted into receiving email notifications regarding your therapy treatment. You can opt-out of emails at any time by changing your contact preferences on the DreamMapper website or mobile application or by clicking the UNSUBSCRIBE link at the bottom of the email. After that, you will receive no future messages. For assistance with your email or SMS/Text settings, please contact Customer Support at (Freephone) 0800 1300 852.

Use of email and SMS/Text communications is subject to our Notice of Privacy Practices and Privacy Policy for the DreamMapper Application, copies of which may be found on mydreammapper.com or via the DreamMapper mobile application.

2. Grant of License

Subject to the terms of this License Agreement, including without limitation, payment of all applicable fees, Respironics, Inc. (“LICENSOR”) grants you, during the term of this Agreement, a limited, non-exclusive, non-transferable license, without the right to sublicense, to use the program and documentation with which this License Agreement is distributed (the "Software Application") on an iOS enabled mobile device, Android mobile device, or web browser enabled device that you own or control. The Software Application shall be used only by you, and only for your own personal, noncommercial use.

3. Ownership

You have no ownership rights in the Software Application. Rather, you have a limited license to access and use the Software Application as long as this License Agreement remains in full force and effect. Except for the limited license granted hereunder, LICENSOR retains all right, title, and interest in and to the Software Application and all intellectual property rights therein, and ownership shall remain at all times with LICENSOR. Any access or use of the Software Application by any other person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement. The Software Application may not be transferred to anyone without the prior written consent of LICENSOR.

4. Intellectual Property

The Software Application contains material that is protected by intellectual property laws, including without limitation copyright law. All rights not expressly granted to you herein are expressly reserved by LICENSOR. You agree to not remove, and not permit another to remove, any proprietary notices, labels, or marks of LICENSOR from any copy of the Software Application.

5. Restrictions

You agree not to publish, display, disclose, rent, lease, give away, sell, sublicense, transfer, copy, reproduce, modify, loan, distribute, or create derivative works based on, the Software Application or any part thereof. You agree not to use the Software Application to process data for any third party or use or permit the use of the Software Application to operate a service bureau. You also agree not to reverse engineer, decompile, translate, adapt, or disassemble the Software Application or any part thereof, and you agree not to attempt to derive the source code of the Software Application. You agree not to transmit the Software Application over any network or between any devices except for transmission as necessary to back up the data on your mobile device, laptop or desktop computer, although you may use the Software Application to make transmissions of medical device data from your therapy device, saved data, and/or related information.

6. Open Source Software

The Software Application may be accompanied by software components that are subject to Open Source License Terms, including without limitation the software components set forth in Exhibit 1. This License Agreement does not apply to any software components that are subject to Open Source License Terms.

Your license rights under this License Agreement do not include any right or license to use, distribute or create derivative works of the Software Application in any manner that would subject the Software Application to Open Source License Terms.

"Open Source License Terms" means terms in any license that require as a condition of use, modification and/or distribution of a work

  1. the making available of source code or other materials preferred for modification, or
  2. the granting of permission for creating derivative works, or
  3. the reproduction of certain notices or license terms in derivative works or accompanying documentation, or
  4. the granting of a royalty-free license to any party under intellectual property rights regarding the work and/or any work that contains, is combined with, requires or otherwise is based on the work.

7. Disclaimer

THE SOFTWARE APPLICATION IS AN INFORMATION TOOL ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTHCARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE APPLICATION WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SOFTWARE APPLICATION WILL OPERATE ERROR FREE OR THAT THE SOFTWARE APPLICATION IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. ALL CONDITIONS AND WARRANTIES IMPLIED, STATUTORY OR OTHERWISE ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. Limitation of Liability

IN NO EVENT WILL LICENSOR OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY LOSS OF USE, DATA OR PROFITS, FOR ANY BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF THE SOFTWARE APPLICATION. THE AGGREGATE LIABILITY OF LICENSOR AND ITS AFFILIATES WITH RESPECT TO LICENSOR'S OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE APPLICATION SHALL NOT EXCEED £50 FOR UK USERS OR €50 FOR REPUBLIC OF IRELAND USERS. THE LICENSOR DOES NOT EXCLUDE ITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THAT OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS. NOTHING IN THESE CLAUSES OR THIS LICENSE AGREEMENT LIMITS ANY CONSUMER GUARANTEES OR STATUTORY RIGHTS YOU MAY HAVE.

9. Export Restrictions

THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE APPLICATION OR INFORMATION ABOUT SUCH SOFTWARE APPLICATION WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE SOFTWARE APPLICATION OR INFORMATION ABOUT THE SOFTWARE APPLICATION WITHOUT THE PRIOR WRITTEN CONSENT OF LICENSOR, AND YOU SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR COMPLIANCE WITH ANY SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.

10. Termination

This License Agreement is effective until terminated. You may terminate this License Agreement at any time by deleting the Software Application from your mobile device, laptop or desktop computer. This License Agreement shall terminate automatically without notice from LICENSOR if you fail to comply with any of the terms of this License Agreement. Upon termination, you agree to destroy all copies of the Software Application in your possession or under your control. Upon termination of this License Agreement for any reason, the license granted hereunder shall immediately terminate. All other terms and conditions of this License Agreement shall survive the termination of this License Agreement, and you shall continue to be bound by all such surviving terms and conditions including without limitation those relating to ownership, disclaimer, and limitation of liability.

11. Other Agreements

You may have obtained a copy of the Software Application from either the Apple Store or the Android Market, in which case you may have already agreed to the terms of another end-user license agreement in connection with the Software Application (hereinafter the "Other EULA"). This License Agreement supersedes and terminates any such Other EULA. This License Agreement shall constitute the entire agreement between you and LICENSOR with respect to the Software Application.

You may have agreements with third parties relating to the use of the device on which the Software Application is run (a "Third Party Agreement"). You agree to comply with the terms of any such Third Party Agreement when using the Software Application. In addition, some mobile phone operators may charge fees related to e-mail messages and incoming or outgoing SMS (or text) messages, or for streaming videos such as those provided on YouTube, that result from your use of the Software Application. These fees are unrelated to the limited license granted to you hereunder, and payment of such fees is your sole responsibility.

12. Acknowledgements with respect to Apple

You may have obtained a copy of the Software Application from the Apple Store hosted by Apple Inc. ("Apple"), in which case you and LICENSOR acknowledge and agree to the following:

  1. that this License Agreement is concluded between You and LICENSOR only, and not with Apple,
  2. that LICENSOR, not Apple, is solely responsible for the Software Application and the content thereof,
  3. that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software Application,
  4. that Apple has no warranty obligations whatsoever with respect to the Software Application,
  5. that Apple has no obligations, and is not otherwise responsible, in the event of any claim by you or any third party relating to the Software Application or your possession and/or use of the Software Application, including but not limited to (i) product liability claims, (ii) any claim that the Software Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation, and that you will solely look to LICENSOR for remedy, if any, in the event of any such claim (subject to the terms and conditions of this License Agreement including without limitation all disclaimers and limitations of liability),
  6. that Apple has no obligations, and is not otherwise responsible, in the event of any third party claim that the Software Application, or your possession and/or use of the Software Application, infringes the intellectual property rights of that third party, and that you will solely look to LICENSOR for remedy, if any, in the event of such third party claim (subject to the terms and conditions of this License Agreement including without limitation all disclaimers and limitations of liability), and
  7. that Apple and its subsidiaries are third party beneficiaries of this License Agreement and that, upon your acceptance of the terms and conditions of this License Agreement, Apple will have the right, and will be deemed to have accepted such right, to enforce the License Agreement against you as a third party beneficiary thereof.

13. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. LICENSOR Contact Information

If you have any questions, complaints, or claims with respect to the Software Application, they should be directed to LICENSOR whose contact information is set forth below.

Respironics, Inc.
1001 Murry Ridge Lane
Murrysville, PA 15668
Telephone: (Freephone) 0800 1300 852
E-mail: DreamMapper.support.uk@philips.com

15. General

This License Agreement shall be governed by the laws of England and any disputes arising in connection with this License Agreement shall be subject to the exclusive jurisdiction of the English courts, save that, in respect of any user who purchased the Software Application in the Republic of Ireland (ROI), the Agreement shall be governed by the laws of the ROI and any disputes shall be subject to the exclusive jurisdiction of the courts of the ROI.

Any waiver of this License Agreement shall only be effective if it is in writing and signed by you and LICENSOR. LICENSOR reserves the right to amend or modify this License Agreement at any time. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.

For purposes of this License Agreement (but not for purposes of the terms and conditions set forth in Exhibit 1), the term "Affiliate" means any corporation, company, or other entity, which: (i) is under the Control of a party; or (ii) has Control of a party; or (iii) is under common Control with a party. For purposes of this Affiliate definition, "Control" means that more than fifty percent (50%) of the controlled entity's shares or ownership interest representing the right to make decisions for such entity are owned or controlled, directly or indirectly, by the controlling entity.


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Exhibit 1

SOFTWARE COMPONENTS SUBJECT TO OPEN SOURCE LICENSE TERMS

Software Components subject to the GNU Lesser General Public License Version 2.1

ZBar Barcode Reader library, version 1.2 (available from http://zbar.sourceforge.net/iphone)
The ZBar Bar Code Reader is Copyright (C) 2007-2009 Jeff Brown spadix@users.sourceforge.net

The QR Code reader is Copyright (C) 1999-2009 Timothy B. Terriberry tterribe@xiph.org

You can redistribute this library and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.

This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.

You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA

ISAAC is based on the public domain implementation by Robert J. Jenkins Jr., and is itself public domain.

Portions of the bit stream reader are copyright (C) The Xiph.Org Foundation 1994-2008, and are licensed under a BSD-style license.

The Reed-Solomon decoder is derived from an implementation (C) 1991-1995 Henry Minsky hqm@ua.com, hqm@ai.mit.edu, and is licensed under the LGPL with permission.

GNU Lesser General Public License Version 2.1:

GNU LESSER GENERAL PUBLIC LICENSE

Version 2.1, February 1999

Copyright (C) 1991, 1999 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

[This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.

This license, the Lesser General Public License, applies to some specially designated software packages--typically libraries--of the Free Software Foundation and other authors who decide to use it. You can use it too, but we suggest you first think carefully about whether this license or the ordinary General Public License is the better strategy to use in any particular case, based on the explanations below.

When we speak of free software, we are referring to freedom of use, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish); that you receive source code or can get it if you want it; that you can change the software and use pieces of it in new free programs; and that you are informed that you can do these things.

To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it.

For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gave you. You must make sure that they, too, receive or can get the source code. If you link other code with the library, you must provide complete object files to the recipients, so that they can relink them with the library after making changes to the library and recompiling it. And you must show them these terms so they know their rights.

We protect your rights with a two-step method: (1) we copyright the library, and (2) we offer you this license, which gives you legal permission to copy, distribute and/or modify the library.

To protect each distributor, we want to make it very clear that there is no warranty for the free library. Also, if the library is modified by someone else and passed on, the recipients should know that what they have is not the original version, so that the original author's reputation will not be affected by problems that might be introduced by others.

Finally, software patents pose a constant threat to the existence of any free program. We wish to make sure that a company cannot effectively restrict the users of a free program by obtaining a restrictive license from a patent holder. Therefore, we insist that any patent license obtained for a version of the library must be consistent with the full freedom of use specified in this license.

Most GNU software, including some libraries, is covered by the ordinary GNU General Public License. This license, the GNU Lesser General Public License, applies to certain designated libraries, and is quite different from the ordinary General Public License. We use this license for certain libraries in order to permit linking those libraries into non-free programs.

When a program is linked with a library, whether statically or using a shared library, the combination of the two is legally speaking a combined work, a derivative of the original library. The ordinary General Public License therefore permits such linking only if the entire combination fits its criteria of freedom. The Lesser General Public License permits more lax criteria for linking other code with the library.

We call this license the "Lesser" General Public License because it does Less to protect the user's freedom than the ordinary General Public License. It also provides other free software developers Less of an advantage over competing non-free programs. These disadvantages are the reason we use the ordinary General Public License for many libraries. However, the Lesser license provides advantages in certain special circumstances.

For example, on rare occasions, there may be a special need to encourage the widest possible use of a certain library, so that it becomes a de-facto standard. To achieve this, non-free programs must be allowed to use the library. A more frequent case is that a free library does the same job as widely used non-free libraries. In this case, there is little to gain by limiting the free library to free software only, so we use the Lesser General Public License.

In other cases, permission to use a particular library in non-free programs enables a greater number of people to use a large body of free software. For example, permission to use the GNU C Library in non-free programs enables many more people to use the whole GNU operating system, as well as its variant, the GNU/Linux operating system.

Although the Lesser General Public License is Less protective of the users' freedom, it does ensure that the user of a program that is linked with the Library has the freedom and the wherewithal to run that program using a modified version of the Library.

The precise terms and conditions for copying, distribution and modification follow. Pay close attention to the difference between a "work based on the library" and a "work that uses the library". The former contains code derived from the library, whereas the latter must be combined with the library in order to run.

GNU LESSER GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

  1. This License Agreement applies to any software library or other program which contains a notice placed by the copyright holder or other authorized party saying it may be distributed under the terms of this Lesser General Public License (also called "this License"). Each licensee is addressed as "you".

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  2. You may copy and distribute verbatim copies of the Library's complete source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and distribute a copy of this License along with the Library.

    You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

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      (For example, a function in a library to compute square roots has a purpose that is entirely well-defined independent of the application. Therefore, Subsection 2d requires that any application-supplied function or table used by this function must be optional: if the application does not supply it, the square root function must still compute square roots.)

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    NO WARRANTY

  16. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

  17. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Software Components subject to the MIT License

AFNetworking
Copyright (c) 2011 Gowalla (http://gowalla.com/)

MagicalRecord
Copyright (c) 2010, Magical Panda Software, LLC

SciFiHiFi
Created by Buzz Andersen on 10/20/08.
Based partly on code by Jonathan Wight, Jon Crosby, and Mike Malone.
Copyright 2008 Sci-Fi Hi-Fi. All rights reserved.

Mockito
Copyright (c) 2007 Mockito contributors

jQuery
Copyright (c) 2012 jQuery Foundation and other contributors, http://jquery.com/

Modernizr
Copyright (c) 2009–2011

MIT License:

Permission is hereby granted, free of charge, to any person obtaining a copyof this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Software Components subject to the Apache License Version 2.0

JSONKit
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

The Software shall be used for Good, not Evil.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Commons Codec
Commons Lang
Gson
Copyright (c) 2008-2009 Google Inc.

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Joda Time
Simple XML
Notes concerning licencing of MMApps All original source code written as part of the MMApps project has been released under the Mozilla Public Licence 1.0 (MPL 1.0), a copy of which is distributed along with this notice (COPYING.txt).

In addition to that code, MMApps makes further use of various open-source libraries (imported as binary 'jar' files).

There are a number of libraries imported from the Andromda project (http://www.andromda.org) that are required for UML support, and these are released under the BSD license. This BSD license is reproduced below.

Also there are a number of libraries imported from the Netbeans Meta Data Repository project (http://mdr.netbeans.org) and these are released under the Sun Public License Notice.

There are a number of libraries imported from the Touchgraph project (http://www.touchgraph.com) and these are released under the TouchGraph LLC.and Apache-Style Software License. This license is reproduced below.

There are a number of libraries imported from the nanoxml (http://nanoxml.sourceforge.net) project of Marc De Scheemaecker, which license has been reproduce below.

There are a number of libraries imported from the jaxen project (http://jaxen.werken.com/) of The Werken Company which license has been reproduced below.

Please feel free to contact Rudie Ekkelenkamp rudie@finalist.com for any discussion concerning licensing and the MMApps project.

This product includes software developed by published under the BSD license as listed below.

Matthias Bohlen mbohlen@mbohlen.de The UML2EJB project

Copyright (c) 2002, Matthias Bohlen and the UML2EJB team All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of the UML2EJB team nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This product includes software developed by the Apache Software Foundation (http://www.apache.org/)

The Apache License: http://www.opensource.org/licenses/apachepl.php (details: see below)

Apache Software License Version 1.1

Copyright (c) 2000 The Apache Software Foundation. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment:

    "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)."

    Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.

  4. The names "Apache" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.
  5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.

THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see http://www.apache.org/.

Portions of this software are based upon public domain software originally written at the National Center for Supercomputing Applications, University of Illinois, Urbana-Champaign.

"This product includes the nanoxml software developed by Marc De Scheemaecker" Copyright (C) 2000 Marc De Scheemaecker, All Rights Reserved. This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

  1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
  2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
  3. This notice may not be removed or altered from any source distribution.

"This product includes software developed by TouchGraph LLC (http://www.touchgraph.com/)."

TouchGraph LLC. Apache-Style Software License

Copyright (c) 2001-2002 Alexander Shapiro. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by TouchGraph LLC (http://www.touchgraph.com/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
  4. The names "TouchGraph" or "TouchGraph LLC" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact alex@touchgraph.com
  5. Products derived from this software may not be called "TouchGraph", nor may "TouchGraph" appear in their name, without prior written permission of alex@touchgraph.com. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL TOUCHGRAPH OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

"This product includes software developed by The Werken Company (http://jaxen.werken.com/)."

$Id: LICENSE.txt,v 1.1 2004/02/10 19:36:26 keesj Exp

Copyright 2003 (C) The Werken Company. All Rights Reserved. Redistribution and use of this software and associated documentation ("Software"), with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain copyright statements and notices. Redistributions must also contain a copy of this document.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. The name "jaxen" must not be used to endorse or promote products derived from this Software without prior written permission of The Werken Company. For written permission, please contact bob@werken.com.
  4. Products derived from this Software may not be called "jaxen" nor may "jaxen" appear in their names without prior written permission of The Werken Company. "jaxen" is a registered trademark of The Werken Company.
  5. Due credit should be given to The Werken Company. (http://jaxen.werken.com/). THIS SOFTWARE IS PROVIDED BY THE WERKEN COMPANY AND CONTRIBUTORS "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE WERKEN COMPANY OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Zxing (Zebra Crossing)

Apache License Version 2.0:

Apache License Version 2.0, January 2004 http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

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"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

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You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

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Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

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In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability.

While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

APPENDIX: How to apply the Apache License to your work.

To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.

Copyright [yyyy] [name of copyright owner]

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Software Components subject to the Common Public License - v 1.0

JUnit

Common Public License – v 1.0:

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

"Contribution" means:

  1. in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
  2. in the case of each subsequent Contributor:
    1. changes to the Program, and
    2. additions to the Program;

where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.

"Contributor" means any person or entity that distributes the Program.

"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.

"Program" means the Contributions distributed in accordance with this Agreement.

"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.

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  1. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
  2. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
  3. Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
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  1. it complies with the terms and conditions of this Agreement; and
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    4. states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.

When the Program is made available in source code form:

  1. it must be made available under this Agreement; and
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Contributors may not remove or alter any copyright notices contained within the Program.

Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.

For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.

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All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.

Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.

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ANALYTICS TERMS OF SERVICE
Acceptance of Terms

Flurry welcomes you. By checking the "Terms and Conditions" box in our account sign-up, or registering for Flurry's Analytics Service (as defined below), you agree that you have read, understand, and accept the terms and conditions described below (the "Terms of Service") and you agree to be bound by these Terms of Service and all terms, policies and guidelines incorporated in the Terms of Service by reference, including, but not limited to, Flurry's Privacy Policy (this "Agreement"). If you do not agree to this Agreement, you should not use the Analytics Service in any way. The Analytics Service is offered to you conditioned on your acceptance without modification of this Agreement, including without limitation, Flurry's right to use all data collected and analyzed by the Analytics Service.

The Analytics Service is available only to individuals who are at least 18 years old and to companies that are appropriately licensed and otherwise legally permitted to conduct business. You represent and warrant that (a), if you are an individual, you are at least 18 years old, and (b) if you are a company, that you are appropriately licensed and is legally permitted to conduct business.

Modification of Agreement

Flurry reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time, in its sole discretion, by posting changes at http://www.flurry.com or such other URL that Flurry may provide from time to time). Your continued use of any part of the Analytics Service following the posting of such changes or modifications will constitute your acceptance of such changes or modifications.

Description and Use of the Analytics Service

The "Analytics Service" means, collectively, the "Software", the "Reports" and the "Documentation", all as defined below in this Agreement. Under this Agreement, Flurry may allow you to access the Analytics Service by using Flurry's analytics site code (the "Agent") and any fixes, updates and upgrades provided to you, provided that you have an active Flurry account. In addition, Flurry may provide you with on-line access to a variety of analytics reports (the "Reports") generated by Flurry's processing code and any fixes, updates and upgrades. The Agent and Flurry's processing code are defined collectively herein as "Software". The processing code analyzes the data collected by the Agent. This data concerns the characteristics and activities of end users of your applications ("User Data").

Fees and Payment

Flurry Analytics is provided to you free of charge. Flurry may change its fees and payment policies for the Analytics Service from time to time. The changes will be posted at http://www.flurry.com (or such other URL that Flurry may provide from time to time).

Incidental Costs Associated with Use of the Analytics Service

You agree that you are solely liable for all costs, fees, and other expenses resulting from your use of the Analytics Service. This specifically includes, but is not limited to, incidental costs incurred by you in connection with your use of the Analytics Service, including, but not limited to, costs owed to your cell phone carrier or mobile provider, monthly cell phone coverage fees, data plan costs, and any other additional fees incurred from your cell phone carrier or mobile provider.

Registration

To register for the Analytics Service, you must complete the registration process at http://www.flurry.com (or such other URL that Flurry may provide from time to time) by providing Flurry with current, complete and accurate information. Upon registration for the Flurry Analytics Services, you will be required to provide Flurry with your email and password. You understand that you are solely responsible for maintaining the confidentiality of your password and that you shall be solely and fully responsible for all activities that occur under your username and password. Flurry shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password. You agree to immediately notify Flurry of any unauthorized use of your password or username or any other breach of security. If a password is lost or stolen, it is the user's responsibility to change the password, and immediately notify Flurry, so that your account remains both secure and functional.

Reports and Results

Subject to the terms and conditions of this Agreement, you may remotely access, view and download the Reports, which will be stored at http://www.flurry.com (or such other URL that Flurry may provide from time to time). Flurry shall own and retains all right, title and interest in and to Reports and all other results, data and/or information provided to you through the service (collectively, "Results"). You may use the Reports only in connection with your use of Flurry Analytics pursuant to this Agreement and not for any other purpose.

Limited License

You are hereby granted a nonexclusive, limited, non-transferable, revocable and non-sublicensable license to install, use, copy and distribute the Agent solely as necessary to use the Analytics Service pursuant to this Agreement for applications that you own and control. Your use of the Software and accompanying documentation ("Documentation") is subject to this Agreement and does not include: (a) any resale, lease, rental, assignment or other transfer of rights of the Software or Documentation; (b) the distribution, public performance or public display of the Software or Documentation (except as expressly set forth above with respect to the Agent); (c) modification, revision, creation of derivative works from or otherwise making any derivative uses of the Software or Documentation or any information or content therein; (d) decompilation, reverse engineering or otherwise attempting to derive the source code for the Software (except to the extent applicable laws specifically prohibit restriction of such activities); or (e) any use of the Software or Documentation other than for its intended purpose. Flurry hereby reserves all rights not expressly granted herein. Any use of the Software or Documentation other than as specifically authorized herein, without the prior written permission of Flurry, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark and other intellectual property laws.

Privacy and Information Collection

As a condition of your access to the Analytics Service, you agree that Flurry has the right, for any purpose, to collect, retain, use, and publish in an aggregate manner, subject to the terms of its Privacy Policy located here (or such other URL that Flurry may provide from time to time), information collected in your use of the Analytics Service, including without limitation, User Data. Flurry will not disclose to any third parties any User Data collected by the Analytics Service from your applications that is specifically attributable to you, your applications or your customers. You will not (and will not allow any third party to) use the Analytics Service to track or collect personally identifiable information of end users, nor will you (or will you allow any third party to) associate any data gathered from your application(s) with any personally identifying information from any source as part of your use (or such third parties' use) of the Analytics Service. You agree that you have and will abide by a privacy policy that complies with all applicable laws and industry standards and that you will comply with all applicable laws relating to the collection of information from end users of your applications.

You must post a privacy policy. That policy must (i) provide notice of your use of a tracking pixel, agent or any other visitor identification technology that collects, uses, shares and stores data about end users of your applications and (ii) contain a link to Flurry's Privacy Policy so that your end users can opt-out of Flurry Analytics tracking. The opt-out is specific to Flurry activities and does not affect the activities of other ad networks or analytics providers that you use. If an end user opts-out, Flurry will stop tracking data for the device identified by the provided MAC address and/or device identifier going forward. The Flurry Analytics tracking will stop across all applications within the Flurry network. You agree to obtain all end-user consents required by applicable law before you use the Analytics Service.

You agree that you will not use the Analytics Service in connection with any application labeled or described as a "Kids" or "Children" application and will not use the Flurry Analytics Services a) in connection with any application, advertisement or service directed towards children or b) to collect any personal information of children.

Confidential Information

"Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within ten business days, indicated in writing as "confidential". Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes publicly known, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed or collected by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such.

Indemnity

You agree to indemnify, defend and hold harmless Flurry, its employees, officers and directors, or users from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from (i) any information that you or anyone using your account may submit or access in the course of using the Analytics Service; (ii) your violation of the terms of this Agreement; and (iii) any violation or failure by you to comply with all laws and regulations in connection with your use of the Analytics Service, whether or not described herein.

Third Parties

If you use the Analytics Service on behalf of any third party, you represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, that third party. You shall ensure that each third party is bound by and abides by the terms of this Agreement. You agree to indemnify, hold harmless and defend Flurry and its parents, subsidiaries, affiliates, officers and employees, at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Flurry, arising out of or relating to (a) any representations and warranties made by you concerning any aspect of the Analytics Service; (b) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of the Analytics Service; (c) violations of your obligations of privacy to any third party; and (d) any claims with respect to acts or omissions of third parties in connection with the Analytics Service.

Disclaimer of Warranties and Limitation of Liability

The information and services included in or available through the Analytics Service, including the Reports, may include inaccuracies or typographical errors. Flurry may make improvements and/or changes in the Analytics Service at any time, with or without notice. You specifically agree that Flurry shall not be responsible for unauthorized access to or alteration of the User Data or data from your applications.

FLURRY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICE TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ANALYTICS SERVICE IS PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHER, FLURRY DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT THE ANALYTICS SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR VIRUS-FREE OR THAT THE OPERATION OF THE ANALYTICS SERVICE WILL BE UNINTERRUPTED. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

IN NO EVENT WILL FLURRY, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "FLURRY PARTIES"), BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY UNDER ANY THEORY FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THIS AGREEMENT OR FLURRY ANALYTICS, EVEN IF FLURRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. THE FLURRY PARTIES' AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR FLURRY ANALYTICS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE FLURRY PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Prohibited Conduct

You shall not, directly or indirectly, take any fraudulent action in the use of the Services, including without limitation, click fraud or fraudulent downloads. Flurry may terminate your account at anytime for any reason, including without limitation, such fraudulent activity, in its sole discretion.

Modifications to and Termination of the Analytics Service

Flurry reserves the right to discontinue offering the Analytics Service or to modify the Analytics Service at any time in its sole discretion. If you are dissatisfied with any aspect of the Analytics Service at any time, your sole and exclusive remedy is to cease using it. Notwithstanding anything contained in this Agreement to the contrary, Flurry may also, in its sole discretion, terminate or suspend your access to the Analytics Service at any time. Upon any termination of this Agreement, Flurry will cease providing the Analytics Service, and you will delete all copies of Flurry's analytics site code from your applications and certify thereto in writing to Flurry within three (3) business days of such termination.

Waiver and Severability

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Flurry's acquiescence in the breach of a provision of this Agreement or failure to act upon such breach does not waive Flurry's right to act with respect to subsequent or similar breaches. Likewise, the delay or failure of Flurry to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Choice of Law and Forum

This Agreement and the relationship between you and Flurry shall be interpreted in accordance with the laws of the State of California without regard to conflict of laws principles. Subject to the arbitration provisions below, you and Flurry hereby agree to submit exclusively, to the personal jurisdiction of the state courts with jurisdiction over San Francisco, California and/or the U.S. District Court for the Northern District of California.

Binding Arbitration

Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Flurry agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act.

You or Flurry may elect to have any controversy, allegation or claim arising out of or relating to this Agreement, the Analytics Service or the User Data, including but not limited to claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a "Dispute") finally and exclusively resolved by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association. If an in-person arbitration hearing is required, then it will be conducted in San Francisco, California; but if the applicable arbitration rules or laws require the arbitration to be conducted in the "metropolitan statistical area" (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, Flurry shall have the right to elect to proceed to arbitration in such location. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. You and Flurry will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Flurry to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Flurry will have the right to elect to pay the fees and costs and proceed to arbitration.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR FLURRY WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR FLURRY MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES - OR IT WILL BE FOREVER BARRED.

In the event either you or Flurry elects arbitration, for any Dispute where the total amount of the award sought is less than $10,000 USD, the party requesting relief may further elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

Entire Agreement

This Agreement constitutes the entire agreement between you and Flurry and governs your use of the Analytics Service, superseding any prior agreements between you and Flurry with respect to the Analytics Service.

Survival

The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the Parties hereunder, including but not limited to the provisions relating to Indemnity, Disclaimer of Warranties and Limitation of Liability, shall so survive the completion of the performance, cancellation or termination of this Agreement.

version: Flurry.Analytics.TOS.v3
last updated: April 30, 2012

Software Components subject to Google Open Source License Terms

reCAPTCHA
Google Open Source License Terms applicable to reCAPTCHA:

reCAPTCHA Terms of Service

By using this API, you consent to be bound by these terms in addition to the Google APIs Terms of Service ("API ToS") at http://developers.google.com/terms.

Section 1: Permitted Usage

You are permitted to use the API only for the purpose of receiving the determination of whether or not there is high confidence that the third party interacting with your website is a human or abusing the service.

Section 2: Prohibitions

In addition to the prohibitions in Section 4 of the API ToS, the following prohibitions apply: You may not store the reCAPTCHA API content or display it multiple times. You may not use the reCAPTCHA API content as input to algorithms that attempt to process it.

Section 3: Additional License Grant

The license granted in Section 5 "Submission of Content" of the API ToS is extended to include: Usage of the end-user-supplied solutions for helping digitize materials such as books, newspapers and audio content. Usage of any other data collected from sites that use reCAPTCHA to provide, maintain, protect and improve reCAPTCHA and other Google anti-spam services.

Last modified: April 9, 2012

Google APIs Terms of Service

Last modified: December 9, 2011

Thank you for using Google's APIs. These APIs are provided by Google Inc. (referred to as Google, we, our, or us in these terms), located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.

These terms outline your rights and responsibilities when using our APIs, so read them carefully. Additional terms may apply to the use of an API, including additional terms of service, terms within the accompanying API documentation, and any applicable policies or guidelines. If there is a conflict between these terms and the additional terms, the additional terms apply for that conflict. If you use the APIs as an interface to, or in conjunction with other Google products and services, then the terms for such products and services also apply.

1. Account and Registration

  1. Accepting the Terms

    You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with Google, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs.

  2. Your Google Account

    You may need to create a Google account in order to use an API or a Google account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Google account assigned to you by an administrator, your legal relationship with your administrator may affect that account. It's your responsibility to keep your password, account credentials, and accounts secure. If you learn of any unauthorized use of your account, follow the instructions at http://www.google.com/support/accounts/bin/answer.py?answer=58585.

  3. Registration

    In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. You agree that any registration information you give to Google will always be accurate and up to date.

  4. Subsidiaries and Affiliates Google has subsidiaries and affiliated legal entities around the world. You agree that these companies may provide the APIs to you on behalf of Google and these terms will also govern your relationship with these companies.

2. Using Our APIs

  1. Your End Users

    You will require your end users to comply with any applicable law and these terms. You will not knowingly enable your end users to violate applicable law or these terms.

  2. Compliance with Law

    You will use our APIs only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the APIs to encourage or promote illegal activity.

  3. Permitted Access

    You will only access (or attempt to access) an API by the means described in the documentation of that API. If Google assigns you developer credentials or Client IDs, you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts.

  4. API Limitations

    Google may set limits on the number of API requests that you can make, at its sole discretion. You agree to such limitations and will not attempt to circumvent such limitations.

  5. Open Source Software

    Some of the software required by or included in our APIs may be offered under an open source license. There may be provisions in the open source license that expressly override some of these terms, and in those cases, the overriding provisions apply.

  6. Monitoring

    Google may monitor the use of the APIs to ensure quality, improve Google products and services, and verify your compliance with these terms. You will not interfere with such monitoring. Google may use any technical means to overcome such interference.

  7. Communication with Google

    You agree that we may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication.

  8. Feedback

    If you provide feedback or suggestions about our APIs, then we may use such information without obligation to you.

3. Your API Clients

  1. API Clients

    The APIs are designed to help you enhance your websites and applications (API Client(s)). Google reserves the right to investigate any API Client for compliance with these terms. Such investigations may include Google accessing and using your API Client, for example to identify security issues that could affect Google or its users. You consent to any such investigation. Google may suspend access to our APIs by you or your API Client without notice if we reasonably believe that you are in violation of these terms.

  2. Security

    You will use commercially reasonable efforts to protect user information collected by your API Client, including personally identifiable information (PII), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information.

  3. Ownership

    Google does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.

  4. User Privacy and API Clients

    You will comply with all privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect (such as PII, login information and Google account data) and how you use and share such information (including for advertising) with Google and third parties. If your privacy policy is used to comply with the EU Data Protection Directive, then it must adhere to the US Safe Harbor principles of Notice, Choice, Onward Transfer, Security, Data Integrity, and Access at http://www.export.gov/safeharbor/eu/eg_main_018475.asp.

4. Prohibitions

  1. API Prohibitions

    When using the APIs, the following prohibitions apply:

    1. You will not sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
    2. You will not perform an action with the intent of introducing to Google products and services any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
    3. You will not defame, abuse, harass, stalk or threaten others.
    4. You will not interfere with or disrupt the APIs or the servers or networks providing the APIs.
    5. You will not promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
    6. You will not reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
    7. Certain developer credentials are, by their nature, considered confidential. You will not disclose such confidential credentials to any third party except your agent(s) using such information solely on your behalf in accordance with these terms and under a written duty of confidentiality.
    8. Our communications to you may contain Google confidential information. If you receive any materials or communications that are clearly confidential or marked confidential, then you will not disclose the Google confidential information to any third party without Google's prior written consent.

5. Content

  1. Content Accessible Through our APIs

    Our APIs contain some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content. Finally, content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with local laws, regulations, and policies.

  2. Advertising

    Google reserves the right in its discretion to include advertising in the content returned through the APIs. If any advertisements are returned, you may not modify such advertisements and you must show them in accordance with the relevant API documentation.

  3. Submission of Content

    Some of our APIs allow the submission of content, and except as expressly provided in these terms, Google does not acquire any ownership of any intellectual property rights that you or your end users hold in the content that you submit to our APIs through your API Client. By submitting, posting or displaying content to or from the APIs through your API Client, you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content. However, Google will only use such content for the purpose of enabling Google to provide the APIs and only in accordance with the applicable Google privacy policies. You agree that this license includes a right for Google to make such content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services. Before you submit content to our APIs through your API Client, ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.

  4. Retrieval of content

    When a user's non-public content is obtained through the APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.

  5. Data Portability

    Google supports data portability. By accessing users' data through the APIs for use in any of your services or applications, you agree to enable your users of any such service or application to export their equivalent data to other services or applications of their choice in a way that's substantially as fast and easy as exporting such data from Google products and services, subject to applicable laws.

  6. Prohibitions on Content

    Unless expressly permitted by the content owner or by applicable law, you agree that you will not, and will not permit your end users to, do the following with content returned from the APIs:

    1. Scrape, build databases or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
    2. Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display or sublicense to any third party;
    3. Misrepresent the source or ownership; or
    4. Remove, obscure, or alter any copyright, trademark or other proprietary rights notices, falsify or delete any author attributions, legal notices or other labels of the origin or source of material.

6. Brand Features; Attribution

  1. Brand Features

    "Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, these terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Google's Brand Features (including any goodwill associated therewith) will inure to the benefit of Google.

  2. Attribution

    You agree to display any attribution(s) required by Google as described in the documentation for the API. Google hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license during the term to display Google's Brand Features for the purpose of promoting or advertising that you use the APIs. You must only use the Google Brand Features in accordance with these terms and for the purpose of fulfilling your obligations under this Section. In using Google's Brand Features, you must follow the Google Brand Features Use Guidelines at http://www.google.com/permissions/guidelines.html. You understand and agree that Google has the sole discretion to determine whether your attribution(s) and use of Google's Brand Features are in accordance with the above requirements and guidelines.

  3. Publicity

    You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by or endorsement by Google without Google's prior written approval.

  4. Promotional and Marketing Use

    In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Google products, Google may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.

7. Privacy and Copyright Protection

  1. Google Privacy Policies

    By using our APIs, you agree that Google can use submitted information in accordance with our privacy policies, such as http://www.google.com/privacypolicy.html.

  2. Google DMCA Policy

    We provide information to help copyright holders manage their intellectual property online, but we can't determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices, and Google's policy about responding to notices at http://www.google.com/dmca.html.

8. Termination

  1. Termination

    You may stop using our APIs at any time. If you want to terminate these terms, you must provide Google with 7 days prior written notice and upon termination, cease your use of the applicable APIs. Google reserves the right to terminate these terms or discontinue the APIs or any portion or feature for any reason and at any time without liability or other obligation to you.

  2. Your Obligations Post-Termination

    Upon any termination of these terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the Google Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. Google may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.

  3. Surviving Provisions

    When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 8, 9, and 10.

9. Liability for our APIs

  1. Warranties

    Neither Google nor its suppliers or distributors make any specific promises about the APIs. For example, we don't make any commitments about the quality of the APIs or the content accessed through the APIs, their reliability, availability or ability to meet your needs. The APIs and content accessed through the APIs are provided "as is". Some jurisdictions provide for certain warranties, like the implied warranty of the merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all implied warranties.

  2. Limitation of Liability

    When permitted by law, Google, and Google's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of Google, and its suppliers and distributors, for any claim under these terms, including for any warranties that may not legally be excluded, is limited to the amount you paid us to use the APIs (or, if we choose, to supplying you the APIs again) during the six months prior to the event giving rise to the liability. Nothing in these terms limits your responsibility for infringement of intellectual property rights. In all cases, Google, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

  3. Indemnification

    You agree to hold harmless and indemnify Google, and its subsidiaries, affiliates, officers, agents, and employees, or partners, from and against any third party claim arising from or in any way related to:

    1. your misuse or your end user's misuse of the APIs; or
    2. your violation or your end user's violation of these terms, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Google will provide you with written notice of such claim, suit or action.

10. General Provisions

  1. Modification

    We may modify these terms or any additional terms that apply to an API occasionally, for example, to reflect changes to the law or changes to our APIs. We'll post notice of modifications to these terms or the additional terms within the documentation of each applicable API. Changes are effective seven (7) days after they are posted. However, changes specific to new functionality for an API or changes made for legal reasons will be effective immediately. You agree that your continued use of the API constitutes an acceptance of the modified terms.

  2. General Legal Terms

    These terms control the relationship between Google and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and Google does not take action right away, this does not mean that Google is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of California, U.S.A., excluding California's choice of law rules, will apply to any disputes arising out of or related to these terms or the services. All claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts.

Last updated March 5, 2012


-Last revised 11/19/2012


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