LICENSES

National Weather Service provides severe weather alerts and forecast discussion. This application is built using the libraries listed below.  These libraries are distributed under Associated licenses, acknowledgements and required copyright notices also listed below:

I.                    Apache License

 

A.     License description: Version 2.0, January 2004 (http://www.apache.org/licenses/)

 

B.      Terms and Conditions for Use, Reproduction, and Distribution

 

1.       Definitions.

License shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

Licensor shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

Legal Entity shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, control means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

You (or Your) shall mean an individual or Legal Entity exercising permissions granted by this License.

Source form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

Object form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

Work shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

Derivative Works shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

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.”

Contributor shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2.       Grant of Copyright License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3.       Grant of Patent License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4.       Redistribution.

You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and

(b) You must cause any modified files to carry prominent notices stating that You changed the files; and

(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

(d) If the Work includes a NOTICE text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

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.

5.       Submission of Contributions.

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.

6.       Trademarks.

This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7.       Disclaimer of Warranty.

Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an AS IS BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8.       Limitation of Liability.

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

C.     Libraries.

 

1.       Action Bar Sherlock

Copyright 2012 Jake Wharton

Homepage: https://github.com/JakeWharton/ActionBarSherlock

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.

2.       Android Support library

Copyright 2015 Google Inc. All Rights Reserved.

Homepage: https://developer.android.com/studio/terms.html

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.

3.       Android Billing Library(com.android.vending.billing)

Copyright 2015 Google Inc. All Rights Reserved.

Homepage: https://developer.android.com/studio/terms.html    

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.

4.       GSON

Copyright 2008 Google Inc.

Homepage: https://github.com/google/gson  

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.

5.       Okhttp

Copyright (C) 2013-2017 Square, Inc. Copyright (C) 2012 The Android Open Source Project

Homepage: https://github.com/square/okhttp  

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.

6.       Volley

Copyright (C) 2011 The Android Open Source Project

Homepage: https://github.com/google/volley  

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.

7.       Picasso

Copyright 2013 Square, 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.

8.       Fabric SDK

Copyright 2018 Google Inc. All Rights Reserved.

Homepage: https://get.fabric.io/  

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.


 

II.                 Amazon Mobile Ads API

Copyright 2000-2014 Amazon.com, Inc. or its affiliates. All Rights Reserved.

Homepage: https://developer.amazon.com/sdk-download

The Amazon Mobile Ads API uses MoPub Android SDK, Copyright (c) 2011 MoPub Inc., all rights reserved, under the BSD 3-Clause license, which follows.

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 MoPub 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 HOLDER 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.


 

III.              ORMLite 4.46

Copyright 2010 to 2011 by Gary Watson

Homepage: http://ormlite.com/

Licensed under the ISC License:

Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.

THE SOFTWARE IS PROVIDED AS IS AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.


 

IV.              Protocol Buffers - Google data interchange format

Copyright 2008 Google Inc. 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 Google Inc. 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.

Code generated by the Protocol Buffer compiler is owned by the owner of the input file used when generating it. This code is not standalone and requires a support library to be linked with it. This support library is itself covered by the above license.


 

V.                 digital_clock.ttf

Licensed under the CC by SA License.

Creative Commons Attribution-ShareAlike 4.0 International Public License

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-ShareAlike 4.0 International Public License (Public License). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions.

a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.

b. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.

c. BY-SA Compatible License means a license listed atcreativecommons.org/compatiblelicenses, approved by Creative Commons as essentially the equivalent of this Public License.

d. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.

e. Effective Technological means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.

f. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.

g. License Elements means the license attributes listed in the name of a Creative Commons Public License. The License Elements of this Public License are Attribution and ShareAlike.

h. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.

i. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.

j. Licensor means the individual(s) or entity(ies) granting rights under this Public License.

k. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.

l. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.

m. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.

Section 2 – Scope.

a. License grant.

1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:

A. reproduce and Share the Licensed Material, in whole or in part; and

B. produce, reproduce, and Share Adapted Material.

2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.

3. Term. The term of this Public License is specified in Section 6(a).

4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.

5. Downstream recipients.

A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.

B. Additional offer from the Licensor – Adapted Material. Every recipient of Adapted Material from You automatically receives an offer from the Licensor to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter’s License You apply.

C. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.

6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).

b. Other rights.

1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.

2. Patent and trademark rights are not licensed under this Public License.

3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.

Section 3 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

a. Attribution.

1. If You Share the Licensed Material (including in modified form), You must:

A. retain the following if it is supplied by the Licensor with the Licensed Material:

i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);

ii. a copyright notice;

iii. a notice that refers to this Public License;

iv. a notice that refers to the disclaimer of warranties;

v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;

B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and

C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.

2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.

3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.

b. ShareAlike.

In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply.

1. The Adapter’s License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-SA Compatible License.

2. You must include the text of, or the URI or hyperlink to, the Adapter's License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material.

3. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict exercise of the rights granted under the Adapter's License You apply.

Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;

b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material, including for purposes of Section 3(b); and

c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.

a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.

b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.

c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 6 – Term and Termination.

a. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.

b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:

1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or

2. upon express reinstatement by the Licensor.

For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.

c. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.

d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

Section 7 – Other Terms and Conditions.

a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.

b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

Section 8 – Interpretation.

a. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.

b. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.

c. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.

d. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.


 

VI.              Following additional libraries are also used which are available at the links provided herein.

 

A.     Apache 2.0

Serial No.

 

Library

License

Reference Link

1

 

androidx.browser:browser

Apache 2.0

Link

2

 

androidx.legacy:legacy-support-v4

Apache 2.0

Link

3

 

androidx.vectordrawable:vectordrawable-animated

Apache 2.0

Link

4

 

androidx.legacy:legacy-support-v13

Apache 2.0

Link

5

 

androidx.appcompat:appcompat

Apache 2.0

Link

6

 

androidx.cardview:cardview

Apache 2.0

Link

7

 

androidx.recyclerview:recyclerview

Apache 2.0

Link

8

 

com.google.android.material:material

Apache 2.0

Link

9

 

androidx.percentlayout:percentlayout

Apache 2.0

Link

10

 

androidx.multidex:multidex

Apache 2.0

Link

11

 

com.google.ads.mediation:mopub

Apache 2.0

Link

12

 

com.google.ads.mediation:facebook

Apache 2.0

Link

13

 

com.facebook.android:audience-network-sdk

Apache 2.0

Link

14

 

com.google.ads.mediation:fyber

Apache 2.0

Link

15

 

com.google.firebase:firebase-crashlytics

Apache 2.0

Link

16

 

androidx.lifecycle:lifecycle-extensions

Apache 2.0

Link

17

 

com.google.code.gson:gson

Apache 2.0

Link

18

 

androidx.work:work-runtime

Apache 2.0

Link

19

 

org.jetbrains.kotlin:kotlin-stdlib

Apache 2.0

Link

20

 

androidx.core:core-ktx

Apache 2.0

Link

21

 

androidx.fragment:fragment-ktx

Apache 2.0

Link

23

 

com.google.firebase:firebase-config

Apache 2.0

Link

24

 

androidx.annotation:annotation

Apache 2.0

Link

25

 

com.google.android.exoplayer:exoplayer-core

Apache 2.0

Link

26

 

com.google.android.exoplayer:exoplayer-hls

Apache 2.0

Link

27

 

com.google.android.exoplayer:exoplayer-ui

Apache 2.0

Link

28

 

com.google.android.exoplayer:extension-ima

Apache 2.0

Link

29

 

androidx.constraintlayout:constraintlayout

Apache 2.0

Link

30

 

com.android.support:design

Apache 2.0

Link

31

 

com.android.support:palette-v7

Apache 2.0

Link

32

 

androidx.preference:preference

Apache 2.0

Link

33

 

com.google.dagger:hilt-android

Apache 2.0

Link

34

 

com.google.dagger:hilt-compiler

Apache 2.0

Link

35

 

androidx.hilt:hilt-compiler

Apache 2.0

Link

36

 

androidx.swiperefreshlayout:swiperefreshlayout

Apache 2.0

Link

37

 

com.google.firebase:firebase-crashlytics-ktx

Apache 2.0

Link

38

Kotlinx Coroutines Core

org.jetbrains.kotlinx:kotlinx-coroutines-core

Apache 2.0

Link

39

 

com.h6ah4i.android.widget.advrecyclerview:advrecyclerview

Apache 2.0

Link

40

 

com.squareup.picasso:picasso

Apache 2.0

Link

41

 

de.greenrobot:eventbus

Apache 2.0

Link

42

 

io.branch.sdk.android:library

Apache 2.0

Link

43

 

com.jakewharton:butterknife

Apache 2.0

Link

44

 

com.jakewharton:butterknife-compiler

Apache 2.0

Link

45

 

com.squareup.okhttp:okhttp

Apache 2.0

Link

46

 

com.android.volley:volley

Apache 2.0

Link

47

 

com.github.PhilJay:MPAndroidChart

Apache 2.0

Link

48

 

com.squareup.retrofit2:retrofit

Apache 2.0

Link

49

 

com.squareup.retrofit2:converter-gson

Apache 2.0

Link

50

 

com.squareup.retrofit2:converter-jaxb

Apache 2.0

Link

51

 

com.squareup.retrofit2:converter-scalars

Apache 2.0

Link

52

 

com.github.teresaholfeld:Stories

Apache 2.0

Link

53

 

com.github.antonKozyriatskyi:CircularProgressIndicator

Apache 2.0

Link

54

 

com.airbnb.android:lottie

Apache 2.0

Link

55

 

io.reactivex.rxjava2:rxjava

Apache 2.0

Link

56

 

io.reactivex.rxjava2:rxkotlin

Apache 2.0

Link

57

 

io.reactivex.rxjava2:rxandroid

Apache 2.0

Link

58

 

com.flurry.android:analytics

Apache 2.0

Link

59

 

com.squareup.okhttp3:okhttp

Apache 2.0

Link

60

 

com.squareup.okhttp3:logging-interceptor

Apache 2.0

Link

61

 

com.squareup.retrofit2:adapter-rxjava2

Apache 2.0

Link

62

 

com.tickaroo.tikxml:annotation

Apache 2.0

Link

63

 

com.tickaroo.tikxml:core

Apache 2.0

Link

64

 

com.tickaroo.tikxml:processor

Apache 2.0

Link

65

 

com.tickaroo.tikxml:converter-htmlescape

Apache 2.0

Link

66

 

com.tickaroo.tikxml:retrofit-converter

Apache 2.0

Link

 

These libraries are subject to the following license terms :

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1.       Definitions.

License shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

Licensor shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

Legal Entity shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, control means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

You (or Your) shall mean an individual or Legal Entity exercising permissions granted by this License.

Source form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

Object form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

Work shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

Derivative Works shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

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.”

Contributor shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2.       Grant of Copyright License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3.       Grant of Patent License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to t

4.       Redistribution.

You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and

(b) You must cause any modified files to carry prominent notices stating that You changed the files; and

(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

(d) If the Work includes a NOTICE text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

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.

5.       Submission of Contributions.

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.

6.       Trademarks.

This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7.       Disclaimer of Warranty.

Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an AS IS BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8.       Limitation of Liability.

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

B.      Android Software Development Kit License

Serial No.

 

Library

License

Reference Link

1

 

com.android.billingclient:billing

Android Software
Development Kit License

Link

2

 

com.google.android.gms:play-services-ads

Android Software
Development Kit License

Link

3

 

com.google.android.gms:play-services-ads-identifier

Android Software
Development Kit License

Link

4

 

com.google.android.gms:play-services-base

Android Software
Development Kit License

Link

5

 

com.google.android.gms:play-services-gcm

Android Software
Development Kit License

Link

6

 

com.google.android.gms:play-services-location

Android Software
Development Kit License

Link

7

 

com.google.android.gms:play-services-maps

Android Software
Development Kit License

Link

8

 

com.google.android.gms:play-services-wearable

Android Software
Development Kit License

Link

9

 

com.google.android.gms:play-services-basement

Android Software
Development Kit License

Link

10

 

com.google.firebase:firebase-messaging

Android Software
Development Kit License

Link

11

 

com.google.firebase:firebase-analytics

Android Software
Development Kit License

Link

12

 

com.google.android.gms:play-services-location

Android Software
Development Kit License

Link

13

Firebase Analytics KTX

com.google.firebase:firebase-analytics-ktx

Android Software
Development Kit License

Link

14

 

com.android.installreferrer:installreferrer

Android Software
Development Kit License

Link

 

This is the Android Software Development Kit License Agreement

1. Introduction

1.1 The Android Software Development Kit (referred to in the License Agreement as the "SDK" and specifically including the Android system files, packaged APIs, and Google APIs add-ons) is licensed to you subject to the terms of the License Agreement. The License Agreement forms a legally binding contract between you and Google in relation to your use of the SDK. 1.2 "Android" means the Android software stack for devices, as made available under the Android Open Source Project, which is located at the following URL: https://source.android.com/, as updated from time to time. 1.3 A "compatible implementation" means any Android device that (i) complies with the Android Compatibility Definition document, which can be found at the Android compatibility website (https://source.android.com/compatibility) and which may be updated from time to time; and (ii) successfully passes the Android Compatibility Test Suite (CTS). 1.4 "Google" means Google LLC, organized under the laws of the State of Delaware, USA, and operating under the laws of the USA with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

2. Accepting this License Agreement

2.1 In order to use the SDK, you must first agree to the License Agreement. You may not use the SDK if you do not accept the License Agreement. 2.2 By clicking to accept and/or using this SDK, you hereby agree to the terms of the License Agreement. 2.3 You may not use the SDK and may not accept the License Agreement if you are a person barred from receiving the SDK under the laws of the United States or other countries, including the country in which you are resident or from which you use the SDK. 2.4 If you are agreeing to be bound by the License Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to the License Agreement. If you do not have the requisite authority, you may not accept the License Agreement or use the SDK on behalf of your employer or other entity.

3. SDK License from Google

3.1 Subject to the terms of the License Agreement, Google grants you a limited, worldwide, royalty-free, non-assignable, non-exclusive, and non-sublicensable license to use the SDK solely to develop applications for compatible implementations of Android. 3.2 You may not use this SDK to develop applications for other platforms (including non-compatible implementations of Android) or to develop another SDK. You are of course free to develop applications for other platforms, including non-compatible implementations of Android, provided that this SDK is not used for that purpose. 3.3 You agree that Google or third parties own all legal right, title and interest in and to the SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. Google reserves all rights not expressly granted to you. 3.4 You may not use the SDK for any purpose not expressly permitted by the License Agreement. Except to the extent required by applicable third party licenses, you may not copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the SDK or any part of the SDK. 3.5 Use, reproduction and distribution of components of the SDK licensed under an open source software license are governed solely by the terms of that open source software license and not the License Agreement. 3.6 You agree that the form and nature of the SDK that Google provides may change without prior notice to you and that future versions of the SDK may be incompatible with applications developed on previous versions of the SDK. You agree that Google may stop (permanently or temporarily) providing the SDK (or any features within the SDK) to you or to users generally at Google's sole discretion, without prior notice to you. 3.7 Nothing in the License Agreement gives you a right to use any of Google's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. 3.8 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the SDK.

4. Use of the SDK by You

4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under the License Agreement in or to any software applications that you develop using the SDK, including any intellectual property rights that subsist in those applications. 4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) the License Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). 4.3 You agree that if you use the SDK to develop applications for general public users, you will protect the privacy and legal rights of those users. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application, and you must provide legally adequate privacy notice and protection for those users. If your application stores personal or sensitive information provided by users, it must do so securely. If the user provides your application with Google Account information, your application may only use that information to access the user's Google Account when, and for the limited purposes for which, the user has given you permission to do so. 4.4 You agree that you will not engage in any activity with the SDK, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, Google or any mobile communications carrier. 4.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit or display through Android and/or applications for Android, and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so. 4.6 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the License Agreement, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which Google or any third party may suffer) of any such breach.

5. Your Developer Credentials

5.1 You agree that you are responsible for maintaining the confidentiality of any developer credentials that may be issued to you by Google or which you may choose yourself and that you will be solely responsible for all applications that are developed under your developer credentials.

6. Privacy and Information

6.1 In order to continually innovate and improve the SDK, Google may collect certain usage statistics from the software including but not limited to a unique identifier, associated IP address, version number of the software, and information on which tools and/or services in the SDK are being used and how they are being used. Before any of this information is collected, the SDK will notify you and seek your consent. If you withhold consent, the information will not be collected. 6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in accordance with Google's Privacy Policy, which is located at the following URL: https://policies.google.com/privacy 6.3 Anonymized and aggregated sets of the data may be shared with Google partners to improve the SDK.

7. Third Party Applications

7.1 If you use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, you agree that Google is not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person from which they originated and that Google is not liable for any loss or damage that you may experience as a result of the use or access of any of those third party applications, data, content, or resources. 7.2 You should be aware the data, content, and resources presented to you through such a third party application may be protected by intellectual property rights which are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on these data, content, or resources (either in whole or in part) unless you have been specifically given permission to do so by the relevant owners. 7.3 You acknowledge that your use of such third party applications, data, content, or resources may be subject to separate terms between you and the relevant third party. In that case, the License Agreement does not affect your legal relationship with these third parties.

8. Using Android APIs

8.1 Google Data APIs 8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be protected by intellectual property rights which are owned by Google or those parties that provide the data (or by other persons or companies on their behalf). Your use of any such API may be subject to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this data (either in whole or in part) unless allowed by the relevant Terms of Service. 8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that you shall retrieve data only with the user's explicit consent and only when, and for the limited purposes for which, the user has given you permission to do so. If you use the Android Recognition Service API, documented at the following URL: https://developer.android.com/reference/android/speech/RecognitionService, as updated from time to time, you acknowledge that the use of the API is subject to the Data Processing Addendum for Products where Google is a Data Processor, which is located at the following URL: https://privacy.google.com/businesses/gdprprocessorterms/, as updated from time to time. By clicking to accept, you hereby agree to the terms of the Data Processing Addendum for Products where Google is a Data Processor.

9. Terminating this License Agreement

9.1 The License Agreement will continue to apply until terminated by either you or Google as set out below. 9.2 If you want to terminate the License Agreement, you may do so by ceasing your use of the SDK and any relevant developer credentials. 9.3 Google may at any time, terminate the License Agreement with you if: (A) you have breached any provision of the License Agreement; or (B) Google is required to do so by law; or (C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has terminated its relationship with Google or ceased to offer certain parts of the SDK to you; or (D) Google decides to no longer provide the SDK or certain parts of the SDK to users in the country in which you are resident or from which you use the service, or the provision of the SDK or certain SDK services to you by Google is, in Google's sole discretion, no longer commercially viable. 9.4 When the License Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Google have benefited from, been subject to (or which have accrued over time whilst the License Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

10. DISCLAIMER OF WARRANTIES

10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE. 10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. LIMITATION OF LIABILITY

11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

12. Indemnification

12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Google, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with the License Agreement.

13. Changes to the License Agreement

13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK. When these changes are made, Google will make a new version of the License Agreement available on the website where the SDK is made available.

14. General Legal Terms

14.1 The License Agreement constitutes the whole legal agreement between you and Google and governs your use of the SDK (excluding any services which Google may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Google in relation to the SDK. 14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in the License Agreement (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google's rights and that those rights or remedies will still be available to Google. 14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the License Agreement is invalid, then that provision will be removed from the License Agreement without affecting the rest of the License Agreement. The remaining provisions of the License Agreement will continue to be valid and enforceable. 14.4 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to the License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the License Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the License Agreement. 14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. 14.6 The rights granted in the License Agreement may not be assigned or transferred by either you or Google without the prior written approval of the other party. Neither you nor Google shall be permitted to delegate their responsibilities or obligations under the License Agreement without the prior written approval of the other party. 14.7 The License Agreement, and your relationship with Google under the License Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the License Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

C. Play Core Software Development Kit Terms of Service

Serial No.

 

Library

License

Reference Link

1

 

com.google.android.play:core

Play Core
Software Development
Kit Terms of Service

Link

 

Play Core Software Development Kit Terms of Service

Last modified: September 24, 2020

  1. By using the Play Core Software Development Kit, you agree to these terms in addition to the Google APIs Terms of Service ("API ToS"). If these terms are ever in conflict, these terms will take precedence over the API ToS. Please read these terms and the API ToS carefully.
  2. For purposes of these terms, "APIs" means Google's APIs, other developer services, and associated software, including any Redistributable Code.
  3. “Redistributable Code” means Google-provided object code or header files that call the APIs.
  4. Subject to these terms and the terms of the API ToS, you may copy and distribute Redistributable Code solely for inclusion as part of your API Client. Google and its licensors own all right, title and interest, including any and all intellectual property and other proprietary rights, in and to Redistributable Code. You will not modify, translate, or create derivative works of Redistributable Code.
  5. Google may make changes to these terms at any time with notice and the opportunity to decline further use of the Play Core Software Development Kit. Google will post notice of modifications to the terms at https://developer.android.com/guide/playcore/license. Changes will not be retroactive.

D. The MIT License

Serial No.

 

Library

License

Reference Link

1

 

com.fewlaps.quitnowcache:quitnow-cache

The MIT License

Link

2

 

com.algolia:algoliasearch-android

The MIT License

Link

 

The MIT License (MIT)

Copyright (c) 2013 Algolia

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 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.

E. MoEngage Platform License

Serial No.

 

Library

License

Reference Link

1

 

com.moengage:moe-android-sdk

MoEngage Platform Licence

Link

2

 

com.moengage:rich-notification

MoEngage Platform Licence

Link

 

Copyright (c) 2014-2020 MoEngage Inc.

All rights reserved.

* Use of source code or binaries contained within MoEngage SDK is permitted only to enable use of the MoEngage platform by customers of MoEngage.

* Modification of source code and inclusion in mobile apps is explicitly allowed provided that all other conditions are met.

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

* Redistribution of source code or binaries is disallowed except with specific prior written permission. Any such redistribution must retain the above copyright notice, this list of conditions and the following disclaimer.

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 HOLDER 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.

F. Proprietary

Serial No.

 

Library

License

Reference Link

1

 

com.appsflyer:af-android-sdk

Proprietary

Link

 

Terms of Use

Last updated December 13, 2021

These Terms of Use (“TOU“) together with any Order Forms, the Services Privacy Policy, the DPA and any other exhibits, appendixes, or schedules attached thereto (collectively, the “Agreement“) set forth the terms under which you (our customers) may access and use the Services.

By submitting any Order Form, clicking your acceptance to the TOU or Agreement, or by using the Services or the Codes you signify that you have read and agree to be bound by the terms and conditions of the Agreement and that you have the full authority to enter into and bind the Customer to the Agreement.

AppsFlyer may modify the Agreement from time to time as described herein. Your continued use of the Services following such modifications shall constitute your consent to the modified Agreement.

You may not use or access the Services if you are a direct competitor of AppsFlyer unless explicitly agreed by AppsFlyer in writing. Furthermore, you may not use or access the Services for benchmarking or any other competitive purpose.

If you do not agree to all of the terms of the Agreement then you may not use the Services.

1.       Definitions

Capitalized terms not otherwise defined in the Agreement shall have the meaning specified in this Section 1.

a.       Affiliate” shall mean an entity that, directly or indirectly, controls, is controlled by, or is under common control with a party to this Agreement, where control means the power to direct the affairs or management of such entity, whether through the ownership of at least 51% (fifty-one percent) of the voting securities, by contract, as trustee or executor.

b.      Services Privacy Policy” means the privacy policy describing AppsFlyer’s privacy practices in relation to data collected through your use of the Service as available at: https://www.appsflyer.com/legal/privacy-policy/

c.       AppsFlyer” means the entity as set forth in Section 16.

d.      Anonymous Aggregated Data” means data that is derived from the combination of End User Data with other data so that its results are aggregated and anonymized in such a manner that it is not identifiable in any way to any person or entity (including Customer).

e.       Codes” means any tags, SDKs, APIs, JavaScript, pixels, attribution or redirect links, cookies or other technology used or made available by AppsFlyer to Customer to support the provision of the Services by AppsFlyer, including any updates thereto.

f.        Collection Technologies” means such Codes or similar data collection technologies that are used to collect End User Data by AppsFlyer.

g.      Customer Data” means the End User Data and Registration Information.

h.      Documentation” means implementation manuals and other policies and instructions relating to the use and operation of the Code and Services made available by AppsFlyer.

i.        End User(s)” means such end users who have interacted with, or viewed, your advertising and marketing materials, or who use or have used your Applications, websites, products and/or services.

j.         End User Data” means such data concerning the characteristics and activities of End Users, such as technical information about End User devices (e.g. type, model, OS, language), technical identifiers (e.g. advertising ID’s, IP address, device ID’s), and engagement information (e.g. advertisements clicked and viewed, in app events and purchases), all as further described in the Services Privacy Policy.

k.      Order Form” means any insertion order, order form or similar document (whether provided through an online form or offline format) specifying the Subscription Package and/or the applicable subscription terms, including ordered Services, subscription period, fees, purchased features and quantity limits.

l.        Restricted Data” means: (i) name and contact details (e.g. address, phone numbers); (ii) financial information (e.g. bank account numbers, credit/debit card information, or any information regulated under the Gramm–Leach–Bliley Act ); (iii) any health information (including information regulated under the Health Insurance Portability and Accountability Act); (iv) government IDs (e.g. driver’s license, passport, national ID, social security, TIN or EIN numbers); (v) any information regarding children (i.e. under the age of 16 (sixteen) or as otherwise defined by applicable children protection laws (“Children”)), including the Children’s Online Privacy Protect Act) including any End User Data related to Children, unless appropriate parental consent has been provided; (vi) any information defined as ‘Special Categories of Data’ under Article 9 of the GDPR (e.g. biometric or genetic data, information about ones religious beliefs, race, sex life or orientation); and (vii) any personally identifiable information other than End User Data that is afforded protection under specific regulation or laws.

m.    Report” means the various attribution and analysis reports of End User Data generated through the Service.

n.      Service(s)” means the services provided by AppsFlyer, including through its platform available on www.appsflyer.com or any other Website operated by AppsFlyer.

o.      Subscription Package” means the specific Services to which you have subscribed and their corresponding fees and package features, including without limitation, support terms and quantity limits provided by AppsFlyer for the specified subscription package term, all as further described in an Order Form.

p.      Customer“, “you”, and “your” means the entity specified in the Order Form that is procuring the Services.

2.       Order Form and Account Registration

a.       AppsFlyer shall provide Services to you as set forth in an Order Form. An Order Form shall become effective only upon its execution by an authorized signatory of both parties.

b.      In order to access and use the Services, you may need to register an account. Any information provided during such registration must be current, complete and accurate (“Registration Information“). You must ensure Registration Information is up to date at all times. You will at all times be responsible for maintaining the security of your account credentials and shall take all necessary steps to protect your account credentials from disclosure. You agree to notify AppsFlyer immediately upon learning of any unauthorized use of your account or any other breach of security of your account.

3.       Access and Use Rights

a.       Subject to your payment of all due fees, AppsFlyer grants you a limited, non-transferable, non-exclusive, right to: (i) access and use the Services pursuant to the terms of this Agreement; and (ii) integrate the Codes into Customer (or where applicable, Agency Clients) websites, advertisements and such number of Customer’s mobile applications specified in an Order Form (“Applications“) in accordance with the Documentation and solely for Customer’s internal business needs.

b.      You agree that you will not, nor will you allow any third party to: (i) reverse engineer or otherwise attempt to discover the underlying code of the Services; (ii) copy, modify, adapt, translate or otherwise create derivative works of the Codes or Services; (iii) rent, lease, sell, assign, or otherwise transfer rights in the Codes or Services to any third party; (iv) remove any proprietary notices or bypass any security measures of AppsFlyer with respect to the Services; (vi) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material that violates third party privacy rights; (vii) send material containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs; (viii) (f) use the Services or any part thereof in any manner that violates any applicable laws regarding unsolicited commercial communications, including without limitation, the CAN-SPAM Act, 2003; or (ix) use the Services in a manner that is not compliant with all applicable laws, rules or regulations and within the scope of the limited rights granted hereunder.

4.       Confidentiality

a.       Either party (a “Disclosing Party“) may disclose to the other party (a “Receiving Party“) certain confidential information regarding its technology and business (“Confidential Information“). AppsFlyer’s Confidential Information includes, without limitation, the pricing of this Agreement. Subject to the terms and conditions of this Agreement, the Receiving Party agrees to keep confidential and not disclose or use any Confidential Information except to support its use or provision of the Services. Confidential Information shall not include information that Receiving Party can show: (a) was already lawfully known to, or independently developed by, Receiving Party without access to or use of Confidential Information; (b) was received by Receiving Party from any third party without restrictions; (c) is publicly and generally available, free of confidentiality restrictions; or (d) is required to be disclosed by law, regulation or is requested in the context of a law enforcement investigation, provided that Receiving Party provides Disclosing Party with prompt notice of such requirement and cooperates in order to minimize such requirement. Receiving Party shall restrict disclosure of Confidential Information to those of its Affiliates, employees, agents, consultants and subcontractors who have a reasonable need to know such information and who are bound by written confidentiality obligations no less restrictive than those set out herein. Customers will not disclose any information regarding the results of any testing or evaluation of the Services to any third party without AppsFlyer’s prior written consent. The non-disclosure and non-use obligations set forth in this Section 4 shall survive the termination or expiration of this Agreement for a period of 5 (five) years.

5.       Data and Privacy

a.       You retain full ownership of your Customer Data. You hereby allow AppsFlyer to collect, store, use and process Customer Data as set forth in the Agreement (including, specifically as described in the Services Privacy Policy).

b.      AppsFlyer strictly prohibits you from using the Services to collect or otherwise enable the collection of any Restricted Data. You hereby warrant that you shall not configure the Codes or Services to collect any Restricted Data through the Services. Additionally, you agree that when it is known to you or when you should reasonably be aware that End User Data may be collected from Children, you shall configure the Codes and Services appropriately to ensure compliance with applicable children data protection and privacy laws (including the Children’s Online Privacy Protection Act) – for example, by implementing an opt out from data collection when parental consent required by law is not obtained by you.

c.       You are solely responsible for the correct implementation and configuration of the Codes and Services under applicable privacy or data protection laws. You will ensure that you have a lawful basis and/or right to collect and share such Customer Data as described in this Agreement. Without derogating from the generality of the foregoing, you shall: (A) provide appropriate notice to End Users which at a minimum: (i) complies with any applicable law or regulation; (ii) provides End Users with accurate disclosure of your privacy practices, including in relation to your use of third party services such as AppsFlyer, the type of information collected when using the Services, and how End User Data may be used by you and third parties (including AppsFlyer); and (B) obtain, where required by law, appropriate rights and/or consents: (i) to collect and use the End User Data and enable the collection, use and processing of End User Data by AppsFlyer pursuant to the terms of the Agreement (including specifically the Services Privacy Policy); and (ii) to place Collection Technologies (including by AppsFlyer) on the browsers or devices of End Users. You acknowledge that AppsFlyer has no direct relationship or interface with End Users and that its ability to comply with certain data protection and privacy laws related to its use of Collection Technologies or End User Data is dependent on your compliance with the terms of this Section 5, including your notice and consent obligations specified in this subsection (c). Without limiting any remedies available to AppsFlyer under this Agreement or applicable law, AppsFlyer reserves the right to suspend performance of the Services if it reasonably deems that Customer has not provided appropriate notice or obtained appropriate consent as required under this section. You shall indemnify, hold harmless and defend AppsFlyer, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against AppsFlyer or any of its officers, directors, employees, agents or Affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, court costs, reasonable attorneys’ fees and other litigation expenses) incurred by AppsFlyer or any of its officers, directors, employees, agents or Affiliates, arising out of your breach of this Section 5, including your failure to provide appropriate notice or obtain appropriate consent in connection with your and/or AppsFlyer’s use and processing of data as provided under this Agreement.

d.      If any End User Data collected through your use of the Service is deemed Personal Data as defined in the AppsFlyer Data Processing Addendum (“DPA”), then the terms and conditions set forth in the DPA shall apply to the use and processing of such Personal Data and shall be incorporated by reference into, and made an integral part of, this Agreement.

e.       To the extent any Customer Data is deemed Personal Information (as such term is defined under the California Consumer Privacy Act, Cal. Civ. Code §§ 1798.100 et seq. (the “CCPA”)) and is subject to the CCPA, the parties agree that: (i) AppsFlyer shall be deemed a “Service Provider” and shall not be deemed “Selling”, both as terms are defined under the CCPA; (ii) AppsFlyer shall only use and process Personal Information obtained from your use of the Services (“Customer PI”) on your behalf and solely pursuant to the terms set forth in this Agreement; (iii) AppsFlyer shall not retain, use, or disclose Customer PI for any purpose other than for the specific purpose of performing the Services or as otherwise expressly permitted under the Agreement; (iii) AppsFlyer shall not sell, rent, disclose, release, transfer, make available or otherwise communicate, Customer PI to a third party in exchange for any monetary or other valuable consideration, except as required to provide the Services or as otherwise expressly permitted under the Agreement; (iv) AppsFlyer shall assist you to fulfill your obligations under the CCPA and to respond to requests from data subjects exercising their rights under the CCPA (e.g. deletion, access), all in accordance with the CCPA requirements; and (v) AppsFlyer certifies that it understands the foregoing restrictions.

6.       Billing

a.       You shall be required to pay AppsFlyer all Subscription Package fees set forth in an Order Form. Unless different payment terms are specified in an Order Form, any amounts due shall be payable within 10 (ten) days of AppsFlyer’s issuance of the applicable invoice. Any Subscription Package fees unpaid by you by the due date shall thereafter bear interest at the rate of twelve percent (12%) per annum (or the maximum amount permitted by applicable law, whichever is less), during the period between the date the payment first becomes due and the date such amount is actually paid. Without derogating from any other remedies available to AppsFlyer under this Agreement or by law, if you have any outstanding debts in connection with any Services provided by AppsFlyer under any current or past Order Form, then, without affecting any of your payment obligations under the Agreement (including, any payment obligations under an Order Form) and without limiting any other rights that may be available to AppsFlyer under the Agreement, AppsFlyer shall have the right to suspend or cease performance of the Services until such debt is paid. All amounts owed to AppsFlyer are non-cancellable and fees paid are non-refundable, except as explicitly otherwise stated in the Agreement.

b.      AppsFlyer may use various billing service providers. When using such a provider's services, you agree to be subject to, and to comply with, the terms and policies of such provider. AppsFlyer shall not be liable and/or responsible for any acts or omissions of such billing providers.

c.       All fees payable hereunder, do not include any local, state, or federal sales, use, excise, personal property, VAT or other similar taxes or duties, including, without limitation, any withholding tax, and any such taxes, to the extent legally applicable, shall be borne and paid by you. For the avoidance of doubt, you shall not be responsible for any payment of taxes based on AppsFlyer’s net income.

7.       Indemnification

a.       You agree to indemnify, hold harmless and defend AppsFlyer, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against AppsFlyer or any of its officers, directors, employees, agents or Affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, court costs, reasonable attorneys’ fees and other litigation expenses) incurred by AppsFlyer or any of its officers, directors, employees, agents or Affiliates, arising out of, or relating to: (i) your breach of any terms of the Agreement; or (ii) your implementation and use of the Services in violation of applicable laws, rules or regulations.

b.      AppsFlyer agrees to indemnify, hold harmless and defend you, at its expense, from any and all third-party claims, actions, proceedings, and suits brought against you or any of your officers, directors, employees, agents or Affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, court costs, reasonable attorneys’ fees and other litigation expenses) incurred by you or any of your officers, directors, employees, agents or Affiliates, arising out of, or relating to, a claim that the Codes and/or Services infringe the intellectual property rights of a third party. Notwithstanding the foregoing, AppsFlyer shall have no responsibility or liability for any claim to the extent resulting from, or arising out of: (a) use of the Codes or Services not in compliance with the Agreement, the Documentation or applicable law; (b) the combination of the Codes or Services with any other code, platform or services not provided by, or explicitly approved in writing, by AppsFlyer; (c) the modification of any Codes or Services by any party other than AppsFlyer or in any way not expressly permitted by the Documentation; or (d) the use of any Code that is not the most up-to-date Code as made available to you by AppsFlyer.

c.       The obligations of either party to provide indemnification under this Agreement will be contingent upon the indemnified party: (i) providing the indemnifying party with prompt written notice of any claim for which indemnification is sought (provided that the indemnified party’s failure to notify the indemnifying party will not diminish the indemnifying party’s obligations under this Section, except to the extent that the indemnifying party is materially prejudiced as a result of such failure); (ii) cooperating fully with the indemnifying party (at the indemnifying party’s expense); and (iii) allowing the indemnifying party to control the defense and settlement of such claim, provided that no settlement may be entered into without the consent of the indemnified party if such settlement would require any action on the part of the indemnified party other than to cease using any allegedly infringing or illegal content or services. Subject to the foregoing, an indemnified party will at all times have the option to participate in any matter or litigation through counsel of its own selection at its own expense.

8.       Agencies and Partners

a.       If you are an agency or a party representing, or providing services for the benefit of, a third party (“Agency Client“), you represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, that Agency Client (and upon our request shall provide evidence thereof). You further represent and warrant that such Agency Client has provided you with explicit permission to collect on its behalf and view Customer Data and that you shall use such Customer Data strictly in accordance with the permissions provided to you by such Agency Client and the terms of this Agreement. You shall ensure that each Agency Client agrees to the terms of this Agreement and agrees to abide by its terms, including without limitation, Section 5 (Privacy). You acknowledge and agree that: (i) AppsFlyer makes no representations or warranties for the direct or indirect benefit of any Agency Client; and (ii) you will not make any representations or warranties to such Agency Client on behalf of AppsFlyer. You shall take all measures necessary to disclaim any and all representations or warranties that may pertain to AppsFlyer, the Services, or use thereof. You agree to indemnify, hold harmless and defend AppsFlyer, from and against any claims or actions and any related liability arising out of or relating to: (a) any representations and warranties made by you concerning any aspect of the Services to an Agency Client; (b) any claims made by or on behalf of any Agency Client pertaining directly or indirectly to your use of the Services; and (c) any claims with respect to acts or omissions of an Agency Client in connection with the Services.

b.      The Services enable you to measure and analyze your marketing campaigns with certain third parties that you work with, such as advertising networks, publishers and analytics providers (“Partners“). For such purpose, you may, through your configuration of the Services, direct AppsFlyer to share End User Data with, and receive data related to, End Users from Partners (“Shared Data“). Pursuant to the foregoing, you hereby grant AppsFlyer the right to share Shared Data with Partners and to obtain and process Shared Data from Partners. Customer acknowledges and agrees that: (i) the sharing of such Shared Data between AppsFlyer and Partners shall be enabled only to the extent supported by the Partner and AppsFlyer; (ii) any use of Shared Data by a Partner shall be subject to your own agreements with Partner; (iii) AppsFlyer shall have no liability or responsibility in connection with any actions or omissions by Partners; (iv) any use or processing of Shared Data may be subject to certain limitations and restrictions imposed by Partners including requirements by Partners to delete Shared Data they share with AppsFlyer after a certain period of time; and (v) that you will indemnify, hold harmless and defend AppsFlyer from and against any claims or actions or any related liabilities arising from your instructions to share Shared Data with a Partner. For the purpose of the Agreement (including the obligations under Section 5 hereunder) the term “End User Data” shall include Shared Data.

9.       Warranties and Disclaimer of Warranties

a.       Each party represents and warrants that: (a) it is duly organized under applicable law and has sufficient authority to enter into this Agreement; (b) the person entering into this Agreement is authorized to sign this Agreement on behalf of such party; (c) the execution and performance under this Agreement does not conflict with any contractual obligations such party has to any third party; and (d) its services, materials and products do not, to the best of its knowledge, infringe the intellectual property rights of any third party. In addition, the Customer represents and warrants that it owns, or has all appropriate rights and/or licenses to, the Applications.

b.      EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, THE SERVICES, DOCUMENTATION, CODES AND REPORTS ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY APPSFLYER, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. APPSFLYER DOES NOT WARRANT THAT THE SERVICES, DOCUMENTATION, CODES AND/OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

10.   LIMITATION OF LIABILITY

a.       APPSFLYER WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR ANY LOST PROFITS OR LOSS OF REVENUE, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF APPSFLYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, APPSFLYER’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF, OR RELATING TO, THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 (TWELVE) MONTHS PRECEDING THE APPLICABLE CLAIM, IN THE AGGREGATE.

b.      SOME OF THE LIMITATIONS PROVIDED HEREIN MAY NOT BE ALLOWED UNDER THE LAWS OF CERTAIN JURISDICTIONS. IF ANY SUCH LAW IS DEEMED TO APPLY TO THE AGREEMENT THEN THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAWS.

11.   APPSFLYER PROPERTIES.

a.       As between the parties, AppsFlyer shall retain all right, title and interest in and to the Codes, Anonymous Aggregated Data and Services and all technology utilized by AppsFlyer to provide the Services, including any and all patents, copyrights, trademarks, trade names, trade secrets and other intellectual property rights relating to, embodied by, or incorporated in any of the foregoing (the “AppsFlyer Properties“) and including any updates, upgrades, enhancements, modifications or improvements made to, or derivatives of, the AppsFlyer Properties. If Customer provides AppsFlyer with any feedback regarding any AppsFlyer Properties, AppsFlyer may use all such feedback without restriction. Furthermore, AppsFlyer may use Anonymous Aggregated Data for research and analytics purposes and improvement and marketing of the Services. Nothing herein shall be interpreted to provide Customer any rights in the AppsFlyer Properties except the limited rights explicitly set forth herein.

12.   Term and Termination

a.       The terms set forth in this TOU shall be in force for as long as an Order Form is in effect.

b.      At the end of the Subscription Package term specified in your Order Form, your Subscription Package under such Order Form will automatically renew pursuant to the same terms and conditions, unless otherwise explicitly stated in an Order Form or if either party provides the other with written notice 45 (forty-five) days prior to the end of the then applicable Subscription Package term. In the event any Order Form is executed by you for additional Services (an “Additional Order”) during any existing Subscription Package term or renewal Subscription Package Term, you agree that the Subscription Package term of such Additional Order shall be prorated to be in alignment with the existing Subscription Package term or renewal Subscription Package term so that the termination of all current and existing Subscription Package terms and all subsequent renewal Subscription Package terms shall coincide to take effect on the same date. Applicable fees shall be prorated in accordance with any pro-rated Subscription Package term or Renewal Subscription Package term. Notwithstanding the foregoing, except if otherwise specified in an Order Form: (i) the fees for each unit of pricing during any renewed Subscription Package term may be increased by up to 7% (seven percent) of the applicable fees in the immediately preceding Subscription Package term; and (ii) any free period provided during the expiring Subscription Package shall not apply to the renewed Subscription Package term.

c.       Each party may terminate the Agreement upon written notice if the other party is in material breach of the terms of the Agreement, and such breach is not cured within 30 (thirty) days from the receipt of written notice of such breach. Furthermore, AppsFlyer shall have a right to immediately suspend the Services in the event of: (i) non-payment; (ii) any breach by you of Sections 3-5 of these TOU; or (iii) if required to avoid harm to AppsFlyer or any third party.

d.      Upon any termination or expiration of the Agreement, AppsFlyer will cease providing the Services to you, and you will delete all copies of the Codes from all webpages, advertisements and Applications under your control or your account. In the event of any termination: (a) you will not be entitled to any refund of any fees for Services not yet rendered through the date of termination (except where explicitly stated otherwise in an Order Form); and (b) any: (i) outstanding balance through the date of termination; and (ii) other unpaid payment obligations will be immediately due and payable in full. Any obligations of the parties that by their nature are intended to survive the termination or expiration of the Agreement, including the obligations of the parties in Sections 1, 4-7, 8(a), 9-11, 12(d), 14(b) and (c) and 15 of this TOU, shall survive any termination or expiration thereof.

13.   Modification to These Terms of Service

a.       AppsFlyer reserves the right to modify the terms of this TOU from time to time; provided that any such revised terms will only apply to an existing Subscription Package upon the earlier of: (i) the next renewal of such Subscription Package; or (ii) 30 (thirty) days from the date the notice of such change was posted on this page (or the AppsFlyer website) or otherwise provided to you.

14.   General Conditions

a.       Technical support may be provided to customers depending on the Subscription Package as defined in an Order Form. If the Order Form specifies Technical Support, Customer Support Management (“CSM“) or similar in general terms, it shall mean that AppsFlyer will provide up to 5 hours of support per month under the Agreement, but does not guarantee that all problems will be solved or that any item will be error-free. Additionally, all such support shall be provided only during AppsFlyer’s business hours or such other availability hours specified in an Order Form.

b.      AppsFlyer may, from time to time, publish and make available to you certain updates to the Code. You agree to implement any such updates. AppsFlyer shall have no liability for any damages that may result from your failure to implement such updates.

c.       You authorize AppsFlyer to use your company name, logo or other applicable trademarks, at any time, for the purpose of referencing you as a customer on the AppsFlyer Website or in other promotional marketing materials.

15.   Miscellaneous, Applicable Law and Venue.

a.       AppsFlyer shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.

b.      If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

c.       This Agreement shall be governed by and construed under the laws of the State of New York without reference to its conflict of law principles. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in New York, New York.

d.      Any notices to AppsFlyer must be sent to: AppsFlyer Legal Dept. 14 Maskit St. Herzliya, Israel, via first class or air mail or overnight courier, and are deemed given upon receipt. The failure of AppsFlyer to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

e.       You may not assign or otherwise transfer any of your rights hereunder without AppsFlyer’s prior written consent, and any such attempt is void. AppsFlyer may freely assign its rights under this Agreement. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

16.   AppsFlyer Entity

a.       The AppsFlyer entity with which you are contracting under this Agreement or any Order Form depends on where you are domiciled. Unless otherwise indicated in an Order Form: (i) if you are domiciled in the United States or Canada then you are contracting with AppsFlyer Inc., located at 100 First St. San Francisco, CA, 94105; (ii) if you are domiciled in the United Kingdom then you are contracting with AppsFlyer UK LTD, located at 87-91 Newman St., London, W1T 3EY, United Kingdom; and (iii) if you are domiciled in any country other than the United States, Canada or the United Kingdom then you are contracting with AppsFlyer Ltd., Located at 14 Maskit St. Herzliya, Israel. It is further clarified that any Affiliate of AppsFlyer may provide certain services to support the provision of Services under this Agreement, including billing and payment collection services.

17.   Additional terms for free subscription packages and accounts.

AppsFlyer may offer, from time to time, a free Subscription Package with the intention of enabling you to use and evaluate the Services. Any use of AppsFlyer’s Services under a free Subscription Package and account is subject to, and governed by, the terms of this Agreement and the following terms and conditions. Such free Subscription Package may not provide the full functionality of the Services as made available with the various paid Subscription Packages.
You acknowledge and agree that AppsFlyer shall have the full right and authority to cease providing the free Subscription Package to you, at any time, and for any and no reason whatsoever, and to make any modifications to, or remove, any features and functionalities of the Service, including, without limitation, limiting the amount of conversions, events, or other parameters available to you during any given period and/or ceasing to provide certain reports or any other functionality or features available through the Service. AppsFlyer shall not be responsible, or liable to you or any third party, for any loss of data, including any reports, analysis or Customer Data resulting from such cessation or modification of the free Subscription Package. You are strictly prohibited from using more than one free Account. Furthermore, any technical support or account management shall be provided (if at all) in AppsFlyer’s sole discretion.
Notwithstanding anything to the contrary under this Agreement, you acknowledge that during your use of the free Subscription Package, AppsFlyer disclaims all warranties and representations, express or implied and the free Subscription Package is provided “as-is”.

Without derogating from AppsFlyer’s termination rights pursuant to this Agreement, it is hereby clarified that if you have registered for a free Subscription Package and have not accessed the Services or performed any activity within the Services for a period of 90 days, AppsFlyer may terminate your subscription, cease data collection and/or permanently remove your Account including, any Customer Data or other data associated with your Account with or without any prior notice to you and without any liability to AppsFlyer.

G. Apache 2.0 & BSD 2-clause

Serial No.

 

Library

License

Reference Link

1

 

com.github.bumptech.glide:glide

Apache 2.0 & BSD 2-clause

Link

2

 

com.github.bumptech.glide:compiler

Apache 2.0 & BSD 2-clause

Link

 

Copyright <YEAR> <COPYRIGHT HOLDER>

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.

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 HOLDER 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.

H. Supplementary Licenses

Serial No.

 

Library

License

Reference Link

1

 

com.amazon.android:aps-sdk

NA

Link

2

 

com.amazon.android:aps-admob-adapter

NA

Link

4

 

com.smartlook.recording:app

NA

Link