ADIKTEEV CrossDK License Agreement
This License Agreement is a legal agreement between the User and Adikteev SA regarding the use of Adikteev’s software development kit entitled “CrossDK” which may include user documentation provided in “online” or electronic form, object code, interface declarations, assemblies, and sample source code (the “Software”).
Prior to using the CrossDK, the User must explicitly accept and agree to the terms of this License Agreement. By using the CrossDK, the User acknowledges that they have read, understood, and accepted the terms and conditions outlined herein. If the User does not agree to be bound by this License Agreement, they are prohibited from using the CrossDK.
The Licensor reserves the right to modify this License Agreement with each new release of the CrossDK. The User acknowledges and agrees that it is their responsibility to review and comply with the updated terms and conditions accompanying each new release of the CrossDK. Continued use of the CrossDK after any modifications constitutes acceptance of the revised License Agreement.
For any request relating to the use of the platform and/or the services offered, you may send an email to the following address: [email protected].
- Definition
The terms used in this agreement shall have the following meanings:
“ Adikteev cross-promotion Services” means the Services provided by Adikteev to the User allowing the collect of data, storage of data, calculation of predictions across User’s Applications in order to retain valuable End-users, optimize user acquisition costs and capitalize on new End-users
“Documentation” means the documentation provided by the Licensor in connection with the Software, including user manuals, guides and technical specifications;
“License” means the right granted to the User to use the Software in accordance with the terms and conditions of this License Agreement;
“Licensor” means Adikteev SA, the entity that holds the intellectual property rights in the Software and grants the license to the user in accordance with the terms and conditions of this License Agreement;
“Mobile properties” means the User’s mobile application(s);
“User” means the individual or entity who installs, downloads or uses the Software in accordance with the terms and conditions of this License Agreement. 2. Intellectual property rights 2.1 Grant of License Adikteev grants to User :
A nonexclusive, non transferable, worldwide, royalty-free right and license to use, copy and distribute the Software in conjunction with the distribution of the User own mobile applications ( the “Mobile Properties”) and; A nonexclusive, non transferable, worldwide, royalty-free right and license to use the relevant and necessary components of the Software solely to incorporate the Software into the Mobile Properties.
The User is authorized to use the Software solely on the following designated platforms: Android, iOS, and Unity. It is strictly prohibited to use the Software on any other platforms without prior written consent from the Licensor.
2.2. Proprietary rights All right, title and interest in and to the Adikteev Software, including all intellectual property rights therein, are and will be owned by Adikteev SA and any third-party licensors.
The User shall take appropriate measures to protect the Licensor's intellectual property rights. This includes preventing unauthorized copying, distribution, or disclosure of the SDK or any components thereof.
2.3. Restrictions The User shall not use the Software for illegal, harmful or fraudulent purposes. It shall be used in compliance with all applicable laws, regulations, and industry standards.
The User is permitted to integrate and use the Software in their Mobile properties, subject to the License granted and the conditions and guidelines specified by the Licensor, for the purpose of using the Adikteev cross-promotion services.
The User is authorized to integrate and use the Software in their Mobile properties solely on the following designated platforms: Android, iOS, and Unity. It is strictly prohibited to use the Software on any other platforms without prior written consent from the Licensor.
The User shall not modify, reverse engineer, decompile, or disassemble the Software, including the underlying code. The Software shall be used in its original form as provided by the Licensor.
The User shall not distribute, sell, lease, rent, lend, or sublicense any part of the Software to any third party except as expressly provided herein and as necessary to distribute the Mobile Properties.
The User shall not use the Software to develop software to upload or otherwise transmit any material containing software viruses or other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any software or hardware.
- Software updates The Licensor regularly provides updates to the Software in order to enhance functionality, address issues, and improve performance.These updates may include patches, bug fixes, enhancements, and similar improvements.The Licensor may also provide updates to the Documentation to reflect the changes. It is highly recommended that Users promptly install these updates to benefit from the latest features, improvements, and bug fixes for optimal performance and compatibility.
The Licensor shall make reasonable efforts to notify the User about the availability of updates and provide instructions on how to install them. However, it remains the User's responsibility to regularly check for updates and install them in a timely manner.
- Data Privacy The Software is designed to, based on permission to be secured by the User, obtain and transmit to Adikteev data from end users using the Mobile Properties in order for the User to use the Adikteev cross-promotion Services. Such data is explained in the Data Processing Agreement signed between the Parties. The User represents and warrants that in each instance it has been given the right by its end users to collect and transmit such data to Adikteev and that it has and will abide by a privacy policy that (1) discloses that third parties may be using cookies, web beacons, and other technologies to collect information in connection with ad serving and (2) permits its end users to opt-out of tailored ad content.
- Warranties and liabilities
5.1. No warranties The User shall bear all costs and liabilities associated with any damages arising from the information contained in or compiled by the Software. It is the User's responsibility to carefully select the Software to achieve their intended results and to install, use, and obtain results from it. The Software is provided "as is" without any warranties, whether express or implied. Adikteev explicitly disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable law.
5.2. Limitation of liability To the maximum extent permitted by applicable law, the User acknowledges that the Licensor and its suppliers shall not be held liable for any damages, including but not limited to loss of business profits, business interruption, loss of business information, or other pecuniary loss, arising from the use or inability to use the Software, even if the Licensor or such party has been advised of the possibility of such damages. In no event shall Licensor's total liability to the User for all damages in any one or more cause of action exceed €50. This limitation of liability shall apply irrespective of the failure of any essential remedy.
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Indemnification The User undertakes to protect, indemnify, and hold Adikteev, along with its directors, officers, employees, affiliates, and agents, harmless from any and all claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising out of the User's use, modification, or distribution of the Software, or any violation of this Agreement.
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Termination
This License Agreement is subject to the termination provisions set forth in the service agreement between the parties ("Service Agreement"). In the event of termination of the Service Agreement, this License Agreement shall also be automatically terminated, without the need for any additional notice.
The termination of this License Agreement shall result in the immediate cessation of all rights and licenses granted hereunder. The parties shall be relieved of their respective obligations under this License Agreement upon termination, except for any obligations that expressly survive termination as specified in the Main Agreement.
- Confidentiality
The User agrees to maintain the strict confidentiality of any proprietary information, including the Software, that they receive during or prior to entering into this Agreement. This includes, but is not limited to, non-public technical and business information ("Confidential Information"), which should be treated as confidential or proprietary based on its nature or the circumstances of its disclosure. The User agrees to hold the Confidential Information in confidence for a period of five (5) years following the termination of this Agreement. This confidentiality obligation does not extend to information that is publicly available or independently developed by the User. The User further agrees that they will not use the Confidential Information for any purpose other than fulfilling their obligations and exercising their rights under this Agreement. The User shall take reasonable measures to protect the secrecy of Adikteev's Confidential Information, ensuring that it is not disclosed or used without authorization. The User shall exercise the same level of care in safeguarding Adikteev's Confidential Information as they would with their own confidential information, but in no event less than reasonable care.
- Miscellaneous
9.1. Precedence In the event of any conflict or inconsistency between this License Agreement and any other agreement or terms related to the Software, including but not limited to the Service Agreement, the terms and conditions of this License Agreement shall prevail and govern as for the rights and permissions granted with respect to the Software. This License Agreement shall be the sole and exclusive agreement governing the licensing of the Software, superseding any prior agreements or understandings, whether oral or written, relating to the same.
9.2. Severability If one of the clauses and/or provisions of this License Agreement is declared invalid or unenforceable by a judicial or administrative authority, such invalidity or unenforceability shall not entail the invalidity of the rest of the Agreement. All other clauses and/or provisions of the Agreement shall remain in force.
9.3. Jurisdiction and governing law This License Agreement is governed by the laws of France. And any and all disputes relating to the formation, interpretation or performance of the agreement or of any contract referring to the agreement shall be heard exclusively by the Paris Courts.