This is an agreement between You ("You" or “Licensee”) and Tourmaline Labs™, Inc., located at 101 W Broadway, Suite 1120, San Diego, CA, 92101, ("Tourmaline Labs™" or “Licensor”) regarding Your use of the Tourmaline Labs™ SDK and any associated documentation or other materials made available by Tourmaline Labs™ (collectively the "SDK"). This agreement applies to any updates or supplements for the SDK, unless other terms accompany those items. If so, those other terms apply.
By installing, accessing or otherwise using the SDK, You accept the terms of this agreement. If You do not agree to the terms of this agreement, do not install, access or use the SDK.
If You comply with this agreement, You have the rights below.
(1) USE OF THE SDK. Subject to Your compliance with this agreement, Tourmaline Labs™ hereby authorizes You to use the SDK solely for the purpose of creating mobile applications designed to operate with the Services (referred to as "Authorized Applications"). You may not rent, lease or lend any of Your rights in the SDK or access to the Services. You may make a reasonable number of copies of the SDK for the purposes set forth herein, provided that You reproduce only complete copies, including without limitation all "read me" files, copyright notices, and other legal notices and terms that Tourmaline Labs™ has included in the SDK.
(2) SCOPE OF LICENSE. The SDK is licensed, not sold. This agreement only gives You some rights to use the SDK. Tourmaline Labs™ specifically does not grant any express or implied rights under its patents with respect to your Authorized Applications. In doing so, You must comply with any technical limitations in the SDK that only allow You to use it in certain ways. You may not: (a) reverse engineer, decompile, distribute or disassemble the SDK, except and only to the extent that applicable law expressly permits; or (b) make more copies of the SDK than specified in this agreement, except and only to the extent applicable law expressly permits; or (c) publish the SDK for others to copy; or (d) rent, lease or lend the SDK.
(3) USE OF THE SERVICES. Your use of the Services, and the use of the Services by anyone hosting or using your Authorized Application, is governed by the then-current Terms of Services (“TOS”) which can be found at: www.tourmalinelabs.com/sdk/terms-of-service
(4) EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK.
(5) FEEDBACK. By submitting feedback to Tourmaline Labs™, either via email at email@example.com or by any other means: You automatically grant to Tourmaline Labs™ a perpetual, irrevocable, transferable, royalty-free license to use Your feedback for any and all purposes without any compensation to You.
(6) TERMINATION. Tourmaline Labs™ reserves the right to discontinue offering the SDK or Services or to modify the SDK or Services at any time in its sole discretion. This Section and Sections 3, 4, 5, 8, 9, 10, 11, and 12 will survive termination of this agreement or any discontinuation of the offering of the SDK or Services along with any other provisions that would reasonably be deemed to survive such events.
(7) RESERVATION OF RIGHTS. You are not authorized to alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided under this agreement except as explicitly provided in this agreement or approved in advance in writing by Tourmaline Labs™.
(8) MODIFICATIONS; NOTICES. If we change this contract, then we will give you notice before the change is in force. If you do not agree to these changes, then you must cancel and stop using the SDK and Services before the changes are in force. If you do not stop using the SDK or Services, then your use of the SDK or Services will continue under the changed contract. Tourmaline Labs™ may give notices to You, at Tourmaline Labs'™ option, by posting on any portion of Tourmalinelabs.com or by electronic mail to any e-mail address provided by You to Tourmaline Labs™.
(9) ENTIRE AGREEMENT. This agreement, and any applicable TOS or contract for Services, are the entire agreement with respect to the SDK or Services.
(10) APPLICABLE LAW AND VENUE. California state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where You live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. You agree that any action brought under this agreement will be subject to exclusive jurisdiction and venue in the state and federal courts located in San Diego, California.
(11) DISCLAIMER OF WARRANTY. The SDK is licensed "as-is." You bear the risk of using it. Tourmaline Labs™ gives no express or implied warranties, guarantees or conditions. You may have additional consumer rights under Your local laws which this agreement cannot change. To the extent permitted under Your local laws, Tourmaline Labs™ excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Tourmaline Labs™ does not represent or warrant that the SDK or the Services will always be available, uninterrupted, secure, or error free.
(12) LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Tourmaline Labs™ and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to:
a. anything related 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 permitted by applicable law.
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