MoPub SDK License Agreement
By downloading and/or using the MoPub software development kit along with any documentation that accompanies it (collectively, the “SDK”), you and the company or entity that you represent (“You” or “Your”) agree to this MoPub SDK License Agreement (“Agreement”). If You do not agree to all of the terms of this Agreement, do not download or use the SDK, or access or use any MoPub Program (as defined below).
- License Subject to Your compliance with this Agreement, MoPub, a wholly owned subsidiary of Twitter, Inc. and its affiliates (collectively, “MoPub”) hereby grants You a limited, worldwide, personal, non-sublicensable, non-transferable, royalty-free, non-exclusive license to use the SDK solely for the purpose of using any MoPub programs and/or services (each a “Program,” and collectively, the “Programs”).
- Restrictions. Except as expressly permitted by MoPub, You shall not distribute the SDK to any third party, or directly or indirectly (or allow any third party to): (i) use the SDK to create (or facilitate the creation of) any product or service that is competitive with the Program including connecting to any other supply side platform or to any third party ad server using the SDK; (ii) rent or lease the SDK; or (iii) combine the SDK with other software such that You restrict or charge for access to the SDK. Further, if MoPub makes available and You use the SDK in compiled form, You shall not copy (except for backup purposes), decompile, disassemble, reverse engineer, modify, adapt, or create derivative works of the SDK (including the runtime components and any other portions thereof).
- Ownership; Feedback. As between the parties, title, ownership, and all intellectual property rights in and to the SDK, and any copies or portions thereof, shall remain with MoPub and its suppliers or licensors. You agree that MoPub may collect and use comments, feedback, suggestions, and other information provided by You, if any, related to the SDK and that MoPub may use this information to improve, develop, and otherwise provide applications, services and technologies. You understand that MoPub may modify or discontinue offering the SDK at any time. The SDK is protected by the copyright laws of the United States and international copyright treaties. Nothing in this Agreement gives You a right to use any of MoPub and its affiliates’ trade names, trademarks, service marks, logos, or other distinctive brand features. MoPub reserves all rights in the SDK not expressly licensed above. You agree that your use of any components of the SDK that are licensed under an open source software license are subject to and governed solely by the terms of the applicable license(s) for that software, and not by this Agreement. Open source software components provided with the SDK are listed here.
- Updates and Support. If MoPub provides You with any upgrades, patches, enhancements, or fixes for the SDK (“Updates”), then such Updates that are provided will become part of the SDK and subject to this Agreement. MoPub shall have no obligation, however, under this Agreement to provide any Updates or any other support to You for the SDK. MoPub may make such support services available to You under a separate agreement and/or for a fee.
- Warranty and Disclaimer; Indemnity. MOPUB PROVIDES THE SDK “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND MOPUB HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. 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. You agree to indemnify and hold harmless MoPub from any and all claims, demands, damages, losses, liabilities, costs, and expenses (including attorney’s fees) arising from Your use of the SDK.
- Limitation of Liability. UNDER NO CIRCUMSTANCES (AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MOPUB, ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF FORESEEABLE, INCLUDING WITHOUT LIMITATION, COST OF SUBSTITUTE TECHNOLOGY, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION.
- Termination. You may terminate this Agreement and the license granted herein at any time by ceasing your use of the SDK and destroying or removing from all hard drives, networks, and other storage media all copies of the SDK. MoPub may terminate this Agreement and the license granted herein immediately upon notice to Your or if You breach any provision of this Agreement. Upon receiving notice of termination from MoPub, Sections 2 through 10 shall survive termination of this Agreement.
- Export Controls. You shall not distribute or export the SDK outside the United States in a manner that is prohibited by applicable export laws, restrictions, and regulations. You represent and warrant that You (i) are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) are not identified as a “Specially Designated National;” by the Office of Foreign Assets Control; (iii) are not placed on the U.S. Commerce Department’s Denied Persons List; and (iv) will not access or use any Program if any applicable laws in Your country prohibit You from doing so in accordance with this Agreement.
- Miscellaneous. You shall not assign or transfer any part of this Agreement to any third party. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is to be held unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without reference to conflicts of laws principles. The parties agree that the federal and state courts in San Francisco, California will have exclusive jurisdiction and venue under this Agreement, and the parties hereby agree to submit to such jurisdiction exclusively.
Last Updated: January 28, 2016