mindbox_ios 2.10.2-rc

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# License Agreement (Open License) Granting the Right to Use Software

## 1. Terms and Definitions

1.1 In the Agreement terms and definitions are used in the following meanings:

- **Agreement** – an agreement for subscription of Mindbox / Maestra service (software) between the User and the Company;
- **Use** – the scope of the User's rights under the Agreement;
- **User** – a legal entity or an individual who uses the Software;
- **Company** – Mindbox KZ LLC or the rights holder of Mindbox / Maestra service (software) or any Mindbox / Maestra company which is authorized to sell Mindbox / Maestra service (software) by the rights holder of Mindbox / Maestra service (software);
- **Software (Source code)** – the Mindbox / Maestra SDK software for transferring data from the mobile application to CDP Mindbox / Maestra;
- **Parties / Party** – the Company and/or the User;
- **Non-Commercial Use** – Use of the Software without the purpose of making a profit.
- **Commercial Use** – Use of the Software for the purpose of making a profit.

## 2. Subject of the Agreement

2.1 Under the Agreement the Company provides an unlimited number of Users with a simple (non-exclusive) license to Use the Software within the limits provided for in the Agreement.

2.2 The Agreement is an adhesion agreement and is posted in the repository of the Company’s Software on [GitHub](https://github.com/) so that the terms are available to an indefinite number of persons and the User can familiarize themselves with them before starting the Use of the Software. Any use of the Software by the User including those not permitted under the Agreement including but not limited to copying, reproduction, processing of the source code, installation and download of the Software will be considered acceptance of the terms of the Agreement.

## 3. Rights and Obligations of the Parties

3.1 The Company provides the Source code of the Software at the following links:

- **iOS**:
  - Repository: [https://github.com/mindbox-cloud/ios-sdk](https://github.com/mindbox-cloud/ios-sdk)
  - Package Manager: [https://cocoapods.org/pods/Mindbox](https://cocoapods.org/pods/Mindbox)
- **Android**:
  - Repository: [https://github.com/mindbox-cloud/android-sdk](https://github.com/mindbox-cloud/android-sdk)
  - Package Manager: [https://central.sonatype.com/namespace/cloud.mindbox](https://central.sonatype.com/namespace/cloud.mindbox)

The source code in the package manager and in the repository in the "Master" branch is "production ready".

The user understands that the source code in the repository that is not in the "Master" branch is not "production ready".

The Software (Source code) is provided to the User on an "as is" basis, that is, the Company does not ensure the functionality of the code and does not offer any guarantees regarding the error-free and uninterrupted operation of the Software or its suitability for the User's purposes and expectations.

3.2 The User has the right to use the Software (Source code) for Non-Commercial Use without an Agreement with the Company to the following extent:

- Reading the source code by a person.

3.3 The User may use the Software (Source code) for Commercial Use only if there is an Agreement with the Company and to the following extent:

- Reading the source code by a person;
- Copying, reproducing the source code "production ready" (Software) inside the User's software (mobile application) for integration with the software of the Company — Mindbox / Maestra.

After the termination of the Agreement, the User has the right not to delete the Software (Source code) or a copy thereof, provided that the Software (Source code) is prohibited from being executed to ensure the possibility of easily resuming its Use. The User has the right to resume the Use of the saved Software (Source code) upon entering into a new Agreement.

3.4 To obtain additional rights not provided for in the Agreement, including for sending requests and proposals, the User has the right to contact the Company through communication channels known to him, for example, by using "pull request", "issue" on [GitHub](https://github.com/) or sending an email to info@mindbox.cloud – for Mindbox Software / support@maestra.io – for Maestra Software.

By sending a request to merge the proposed code into "production ready" through a "pull request" on [GitHub](https://github.com/), the User represents and warrants to the Company that they do not violate the rights of third parties and also transfer the rights to the proposed code in favor of the Company in exchange for being granted the rights of Use under the Agreement without receiving any monetary compensation.

3.5 The User assures and guarantees to the Company that they will not use the Software (Source code) out of the scope of the rights and (or) on other terms than provided for in the Agreement, including will not use it for Commercial purposes without the Agreement with the Company, will not grant or alienate to third parties the rights to use the Software or a new result of intellectual activity created on the basis of the Software.

## 4. Limitation of Liability of the Company

4.1 Since the rights to Use Software (Source code) are provided to the User free of charge and on an "as is" basis, the Company shall not be liable for losses caused to the User and third parties as a result of the Use or inability to Use the Software, including if the Company does not work error-free, uninterrupted, or does not meet the User’s purposes and expectations.

4.2 The Company does not reimburse the User for indirect, indirect losses or lost profits. The total maximum liability of the Company under the Agreement is limited to 1 (one) USD (United States Dollar) or its equivalent in other currencies.

## 5. Governing Law and Dispute Resolution

5.1 This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Delaware, USA, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the Agreement of the laws of any other jurisdiction.

5.2 Any dispute arising under this Agreement or any other agreement resulting therefrom and relating thereto shall be brought before the Delaware Court of Chancery in case the Company is located in the USA or any other competent state court at the place of business of the Company, notwithstanding the Company’s right to have such dispute brought before any other competent court.

## 6. Final Provisions

6.1 The Agreement may be amended by the Company at any time without any restrictions and without special notice to the User. The new version of the Agreement comes into force from the date of its posting in the repository of the Company’s Software on [GitHub](https://github.com/) or from the date of its bringing to the attention of the User by the Company in another convenient form.

6.2 For cases of Non-Commercial use of the Software, the Agreement is valid indefinitely.

6.3 For cases of Commercial use of the Software, the Agreement is valid until the termination of the Agreement.