deadsimplechat_sdk_flutter 1.0.3

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# LICENSE FOR DEAD SIMPLE CHAT SOFTWARE DEVELOPMENT KIT

This License Agreement ("Agreement") is entered into between you, herein referred to as the "Licensee", and Dead Simple Chat, the developer of Dead Simple Chat, situated at Brampton, Ontario, hereinafter referred to as "Dead Simple Chat". The Agreement encompasses the usage rights of the Dead Simple Chat Software Development Kit ("SDK") and any accompanying documentation or additional materials provided by Dead Simple Chat, collectively known as the "SDK". The Agreement extends to any updates or supplements to the SDK, unless otherwise specified by separate terms accompanying such updates or supplements.

By the act of installing, accessing, or otherwise utilizing the SDK, the Licensee thereby accepts the terms set forth within this Agreement. If the Licensee does not agree to these terms, they must refrain from installing, accessing, or using the SDK.

Upon full compliance with the terms and conditions of this Agreement, the Licensee is conferred with the following rights:

1. **USAGE OF THE SDK:** Dead Simple Chat grants you the authority to utilize the SDK strictly for developing mobile applications that are compatible with the Services ("Authorized Applications"), provided that you remain in compliance with this Agreement. Licensee is expressly forbidden from renting, leasing, or lending any of the Licensee's rights pertaining to the SDK or access to the Services. The Licensee is permitted to produce a reasonable number of copies of the SDK for the purposes stated herein, on the condition that such copies are complete, and contain all copyright notices, legal notices, and terms set forth by Dead Simple Chat.

2. **SCOPE OF LICENSE:** The SDK is not sold, but licensed. This Agreement only imparts limited rights to the Licensee for the use of the SDK. Dead Simple Chat explicitly denies granting any express or implied rights under its patents with regard to your Authorized Applications. Any use of the SDK must abide by its technical limitations. Prohibited activities include: (a) reverse engineering, decompiling, distributing or disassembling the SDK, unless expressly permitted by applicable law; (b) producing excess copies of the SDK beyond the number specified in this Agreement, unless expressly permitted by applicable law; (c) publicizing the SDK for the purpose of allowing others to copy it; or (d) renting, leasing or lending the SDK.

3. **USE OF THE SERVICES:** The usage of the Services by the Licensee, or by any party hosting or using the Licensee's Authorized Application, must conform to the current Terms of Services (“TOS”) available at: https://deadsimplechat.com/terms.

4. **EXPORT RESTRICTIONS:** The SDK is regulated by Canadian export laws and regulations. The Licensee is required to comply with all applicable domestic and international export laws and regulations that pertain to the SDK.

5. **FEEDBACK:** Any feedback provided to Dead Simple Chat, whether via email at support@deadsimplechat.com or by other means, automatically grants Dead Simple Chat a perpetual, irrevocable, transferable, royalty-free license to utilize said feedback for any purpose without providing compensation to the Licensee.

6. **TERMINATION:** Dead Simple Chat reserves the unilateral right to cease offering the SDK or Services, or to alter the SDK or Services at any given point at its sole discretion. Sections 3, 4, 5, 8, 9, 10, 11, and 12 of this Agreement will remain in effect following termination or discontinuation of the SDK or Services, alongside any other provisions that would reasonably be deemed to persist after such events.

7. **RESERVATION OF RIGHTS:** The Licensee is not granted the right to alter, modify, copy, edit, format, create derivative works of,

or otherwise utilize any materials, content or technology provided under this Agreement unless expressly stated within the Agreement or explicitly approved in writing by Dead Simple Chat.

8. **MODIFICATIONS AND NOTICES:** Any changes to this Agreement will be communicated to the Licensee before they come into force. If the Licensee does not consent to these changes, they must terminate and desist from using the SDK and Services before the revised terms become effective. Failure to discontinue the use of the SDK or Services implies the Licensee's acceptance of the amended Agreement. Dead Simple Chat reserves the right to communicate any notices to the Licensee by posting them on deadsimplechat.com or by sending them to any e-mail address provided by the Licensee.

9. **ENTIRE AGREEMENT:** This Agreement, alongside any applicable TOS or contract for Services, constitutes the complete and final agreement with respect to the SDK or Services.

10. **APPLICABLE LAW AND VENUE:** The laws of the province of Ontario shall govern the interpretation and any breach of this Agreement, irrespective of conflict of laws principles. All claims, including those under provincial consumer protection laws, unfair competition laws, and torts, regardless of the province of Licensee's residence, shall be subject to Ontario law. The Licensee agrees that any legal action arising from this Agreement will be exclusively subject to the jurisdiction of the provincial and federal courts located in Brampton, Ontario.

11. **DISCLAIMER OF WARRANTY:** The SDK is licensed on an "as-is" basis. The risk associated with its use lies solely with the Licensee. Dead Simple Chat does not provide any express or implied warranties, guarantees, or conditions. Additional consumer rights that the Licensee may have under local laws remain unaffected by this Agreement. Where permitted by local laws, Dead Simple Chat expressly disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Dead Simple Chat does not assure or guarantee uninterrupted, secure, error-free availability of the SDK or the Services.

12. **LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES:** The Licensee can recover only direct damages from Dead Simple Chat and its suppliers, up to a maximum of C$5.00. No other form of damages, including but not limited to consequential, loss of profits, special, indirect or incidental damages, can be recovered. This limitation is applicable to:

    a. Any issue relating to the SDK, services, or content (including code) on third-party Internet sites, or third-party programs; and

    b. Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permissible by applicable law.