apsis_one 0.0.3

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SOFTWARE DEVELOPMENT KIT (SDK) LICENSE AGREEMENT

1. General. By downloading our Software Development Kit (hereinafter “SDK”) you, (hereinafter the “Customer” or “You”)  agree to comply with the Terms and Conditions of this License Agreement (hereinafter “License Agreement”), entered by and between you and APSIS International AB (hereinafter “APSIS”). You may not use the SDK if you do not accept the Terms and Conditions of this License Agreement. By accessing or using the SDK, you hereby agree to the terms of this License Agreement. If you are agreeing to be bound by this 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 this 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.

2. Conditions. You may only download and use the SDK if you have already subscribed to our APSIS One online service (hereinafter the “Services”). The software, documentation and any files and resources accompanying this License Agreement whether on disk, in read-only memory, on any other media or in any other form (collectively the “SDK”) are licensed, not sold, to you by APSIS for use only under the terms of this License Agreement, and APSIS reserves all rights not expressly granted to you. The rights granted herein are limited to APSIS’s intellectual property rights in the APSIS SDK and do not include any other patents or intellectual property rights. You own the media on which the APSIS software is recorded but APSIS and/or APSIS licensor(s) retain ownership of the SDK itself.

3. Permitted License Uses and Restrictions. This License allows you to install or copy and use the SDK on a reasonable number of devices to develop and test applications and other software that use APSIS One’s services (hereinafter “Authorized Developer Applications”). You may only combine, use and re-distribute this SDK with your applications to the Apple App Store or any Android app store and/or to devices managed by your organization up to a reasonable number of devices.
THE SDK IS NOT INTENDED FOR USE IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3.1 Subject to the terms and conditions of this License Agreement including the restrictions contained in this Section 3, APSIS hereby grants the Customer a non-exclusive, non-transferable, revocable license to (i) use the SDK and the items included in the SDK strictly for the purpose of developing Authorized Developer Applications and (ii) link or incorporate all or portions of the SDK with the Authorized Developer Applications and distribute them only for use in connection with APSIS One. This License Agreement does not govern, or grant the Customer any license or right to use, any APSIS product. Any use of an APSIS product is governed by APSIS’ Terms of Services that accompany such APSIS product.

3.2 Under this License Agreement, the Customer may use, modify or merge all or portions of the SDK with Authorized Developer Applications and distribute it only as part of Authorized Developer Applications for use in connection with APSIS One. Any modified or merged portion of the SDK remains APSIS’ exclusive property and is subject to this License Agreement. Except for the foregoing, the Customer is not granted any right or license to modify, improve or create derivative works of the SDK, or any of the items in the SDK.

3.3 The Customer is required to include APSIS copyright notices pertaining to the SDK with all Authorized Developer Applications.

3.4 Except as expressly set forth in this License Agreement, the Customer may not, directly or indirectly, sell, sublicense, rent, loan, share, disclose, transfer or lease the SDK, or any portion of the SDK, to any third party. The Customer may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code and/or file formats of any portion of the SDK. To the extent that local law grants the Customer the right to decompile software to obtain information necessary to render the software interoperable with other software, the Customer shall first request to APSIS in writing to provide the Customer with the necessary information. APSIS has the right to impose reasonable conditions on decompiling its software such as a reasonable fee for doing so. APSIS may revoke your access to the SDK or terminate this License Agreement immediately if you fail to comply with any such rules or best practices or any other terms or conditions herein.

3.5 Notwithstanding anything to the contrary, APSIS may revoke access to the SDK at any time for any reason or no reason at all (either with respect to the Customer only, or with respect to the Customer and other SDK licensees).  Without limiting the foregoing, APSIS reserves the right at any time to modify or discontinue, temporarily or permanently the SDK, the Customer’s use of the SDK, or any portion thereof with or without notice to the Customer and without any form of compensation or consideration to you, regardless of the status of any of your Authorized Developer Applications.  In addition, APSIS reserves the right to create, modify and enforce controlling mechanisms such as a rate limiting structure for use of the SDK. Further, you acknowledge that APSIS has no obligation to ensure that an upgrade of the SDK or APSIS One will be compatible with existing or planned Authorized Developer Applications.

3.6 The Customer will not: 
Use the SDK for any purpose other than developing and providing Authorized Developer Applications. 
Use the SDK or any Authorized Developer Application in any manner that is competitive with APSIS, including, without limitation, in connection with any application, website or other product or service that also includes, features, endorses, or otherwise supports in any way a third party that provides services competitive to any APSIS, as determined in APSIS’ sole discretion. 
Use the SDK or any Authorized Developer Application to distribute any virus, spyware, adware, malware, or other harmful or malicious component. 
Use the SDK or any Authorized Developer Application for any purpose which or might overburden, impair or disrupt APSIS’ network or related servers. 

3.7 The Customer may not, and may not encourage its own customers to: 
Remove or alter any proprietary notices or marks from any items included in the SDK; 
See or access the SDK for purposes of monitoring the availability, performance, or functionality of APSIS One or for any other benchmarking or competitive purposes; 
See or access the SDK to aggregate, cache, or store geographic location information or other user information accessible via the SDK; 
Frame, wrap or otherwise reproduce significant portions of APSIS One.

4. Your Credentials
The Customer is fully responsible for maintaining the confidentiality of any credentials that may be issued to you by APSIS or which you may choose yourself and that you will be solely responsible for all applications that are developed under your credentials.

5. Privacy 
Apsis may collect Your customers’ personal data in accordance with section 8 of our Customer Terms of Services. 

4. Transfer. You may not rent, lease, lend or sublicense the Software. 

5. Termination. This License Agreement is effective as long as your subscription to Apsis One is valid. Your rights under this License will terminate automatically without notice from APSIS if you fail to comply with any term(s) of this License Agreement. Upon the termination of this License Agreement, you shall cease all use of the SDK and destroy all copies, full or partial, of the SDK.

6. Disclaimer of Warranties. THE SDK IS PROVIDED “AS IS”, and APSIS makes no warranties or representation, express or implied, with respect to the adequacy of the SDK, and any items in the SDK, whether or not used by the Customer, for any particular purpose or with respect to their adequacy to produce any particular result. APSIS shall not be liable for loss or damage arising out of this License Agreement or from use by the Customer of any devices or products containing portions of the SDK. APSIS DOES NOT WARRANT THAT THE OPERATION OF THE SDK WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APSIS SHALL CREATE A WARRANTY. THE CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SDK AND ANY DESIGN OR PRODUCT IN WHICH THE SDK MAY BE USED, INCLUDING, WITHOUT LIMITATION, ANY DEVELOPER PRODUCTS.

7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APSIS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APSIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.