Terms and Conditions
This is the Lithium iOS Library License Agreement.
1.1 The Lithium iOS Library is licensed to you subject to the terms of this License Agreement. This License Agreement forms a legally binding contract between you and Lithium in relation to your use of the iOS Library.
1.2 "Lithium" means Lithium Technologies, Inc., a Delaware corporation with principal place of business at 225 Bush St., 15th Floor, San Francisco, CA 94104, United States.
2. Accepting this License Agreement
2.1 In order to use the iOS Library, you must first agree to this License Agreement. You may not use the iOS Library if you do not accept this License Agreement.
2.2 You can accept this License Agreement by:
(A) clicking to accept or agree to this License Agreement, where this option is made available to you; or
(B) by actually using the iOS Library. In this case, you agree that use of the iOS Library constitutes acceptance of the Licensing Agreement from that point onwards.
2.3 You may not use the iOS Library and may not accept the Licensing Agreement if you are a person barred from receiving the iOS Library under the laws of the United States or other countries including the country in which you are resident or from which you use the iOS Library.
2.4 If you are agreeing to be bound by this License Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this License Agreement. If you do not have the requisite authority, you may not accept the Licensing Agreement or use the iOS Library on behalf of your employer or other entity.
3. iOS Library License from Lithium
3.1 Subject to the terms of this License Agreement, Lithium grants you a limited, worldwide, royalty-free, non- assignable, non-sublicenseable and non-exclusive license to use the iOS Library solely to develop applications to run on the Lithium platform.
3.2 You agree that Lithium or third parties own all legal right, title and interest in and to the iOS Library, including any Intellectual Property Rights that subsist in the iOS Library. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. Lithium reserves all rights not expressly granted to you.
3.3 Use, reproduction and distribution of components of the iOS Library licensed under an open source software license are governed solely by the terms of that open source software license and not this License Agreement.
3.4 You agree that the form and nature of the iOS Library that Lithium provides may change without prior notice to you and that future versions of the iOS Library may be incompatible with applications developed on previous versions of the iOS Library. You agree that Lithium may stop (permanently or temporarily) providing the iOS Library (or any features within the iOS Library) to you or to users generally at Lithium's sole discretion, without prior notice to you.
3.5 Nothing in this License Agreement gives you a right to use any of Lithium's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
3.6 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the iOS Library.
4. Use of the iOS Library by You
4.1 Lithium agrees that it obtains no right, title or interest from you (or your licensors) under this License Agreement in or to any software applications that you develop using the iOS Library, including any intellectual property rights that subsist in those applications.
4.2 You agree to use the iOS Library and write applications only for purposes that are permitted by (a) this License Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree that if you use the iOS Library to develop applications for general public users, you will protect the privacy and legal rights of those users. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application, and you must provide legally adequate privacy notice and protection for those users. If your application stores personal or sensitive information provided by users, it must do so securely. If the user provides your application with Lithium Account information, your application may only use that information to access the user's Lithium Account when, and for the limited purposes for which, the user has given you permission to do so.
4.4 You agree that you will not engage in any activity with the iOS Library, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, Lithium or any mobile communications carrier.
4.5 You agree that you are solely responsible for (and that Lithium has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit or display through the Lithium iOS Library and/or applications for the Lithium iOS Library, and for the consequences of your actions (including any loss or damage which Lithium may suffer) by doing so.
4.6 You agree that you are solely responsible for (and that Lithium has no responsibility to you or to any third party for) any breach of your obligations under this License Agreement, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which Lithium or any third party may suffer) of any such breach.
5. Your Developer Credentials
5.1 You agree that you are responsible for maintaining the confidentiality of any developer credentials that may be issued to you by Lithium or which you may choose yourself and that you will be solely responsible for all applications that are developed under your developer credentials.
6. Privacy and Information
6.1 In order to continually innovate and improve the iOS Library, Lithium may collect certain usage statistics from the software including but not limited to a unique identifier, associated IP address, version number of the software, and information on which tools and/or services in the iOS Library are being used and how they are being used.
7. Third Party Applications for the Lithium Platform
7.1 If you use the iOS Library to run applications developed by a third party or that access data, content or resources provided by a third party, you agree that Lithium is not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person from which they originated and that Lithium is not liable for any loss or damage that you may experience as a result of the use or access of any of those third party applications, data, content, or resources.
7.2 You should be aware the data, content, and resources presented to you through such a third party application may be protected by intellectual property rights which are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on these data, content, or resources (either in whole or in part) unless you have been specifically given permission to do so by the relevant owners.
7.3 You acknowledge that your use of such third party applications, data, content, or resources may be subject to separate terms between you and the relevant third party. In that case, this License Agreement does not affect your legal relationship with these third parties.
8. Using Lithium APIs
8.1 Lithium Data APIs
8.1.1 If you use any API to retrieve data from Lithium, you acknowledge that the data may be protected by intellectual property rights which are owned by Lithium or those parties that provide the data (or by other persons or companies on their behalf). Your use of any such API may be subject to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this data (either in whole or in part) unless allowed by the relevant Terms of Service.
8.1.2 If you use any API to retrieve a user's data from Lithium, you acknowledge and agree that you shall retrieve data only with the user's explicit consent and only when, and for the limited purposes for which, the user has given you permission to do so.
9. Terminating this License Agreement
9.1 This License Agreement will continue to apply until terminated by either you or Lithium as set out below.
9.2 If you want to terminate this License Agreement, you may do so by ceasing your use of the iOS Library and any relevant developer credentials.
9.3 Lithium may at any time, terminate this License Agreement with you if:
(A) you have breached any provision of this License Agreement; or
(B) Lithium is required to do so by law; or
(C) the partner with whom Lithium offered certain parts of iOS Library (such as APIs) to you has terminated its relationship with Lithium or ceased to offer certain parts of the iOS Library to you; or
(D) Lithium decides to no longer provide the iOS Library or certain parts of the iOS Library to users in the country in which you are resident or from which you use the service, or the provision of the iOS Library or certain iOS Library services to you by Lithium is, in Lithium's sole discretion, no longer commercially viable.
9.4 When this License Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Lithium have benefited from, been subject to (or which have accrued over time whilst this License Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
10. DISCLAIMER OF WARRANTIES
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE iOS LIBRARY IS AT YOUR SOLE RISK AND THAT THE iOS LIBRARY IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM LITHIUM.
10.2 YOUR USE OF THE iOS LIBRARY AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE iOS LIBRARY 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.
10.3 LITHIUM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT LITHIUM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT LITHIUM OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Lithium, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your use of the iOS Library, (b) any application you develop on the iOS Library that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with this License Agreement.
13. Changes to the License Agreement
13.1 Lithium may make changes to the License Agreement as it distributes new versions of the iOS Library. When these changes are made, Lithium will make a new version of the License Agreement available on the website where the iOS Library is made available.
14. General Legal Terms
14.1 This License Agreement constitutes the whole legal agreement between you and Lithium and governs your use of the iOS Library (excluding any services which Lithium may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Lithium in relation to the iOS Library.
14.2 You agree that if Lithium does not exercise or enforce any legal right or remedy which is contained in this License Agreement (or which Lithium has the benefit of under any applicable law), this will not be taken to be a formal waiver of Lithium's rights and that those rights or remedies will still be available to Lithium.
14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this License Agreement is invalid, then that provision will be removed from this License Agreement without affecting the rest of this License Agreement. The remaining provisions of this License Agreement will continue to be valid and enforceable.
14.4 You acknowledge and agree that each member of the group of companies of which Lithium is the parent shall be third party beneficiaries to this License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this License Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this License Agreement.
14.5 EXPORT RESTRICTIONS. THE iOS LIBRARY 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 iOS LIBRARY. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
14.6 The rights granted in this License Agreement may not be assigned or transferred by either you or Lithium without the prior written approval of the other party. Neither you nor Lithium shall be permitted to delegate their responsibilities or obligations under this License Agreement without the prior written approval of the other party.
14.7 This License Agreement, and your relationship with Lithium under this License Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Lithium agree to submit to the exclusive jurisdiction of the courts located within the county of Alameda, California to resolve any legal matter arising from this License Agreement. Notwithstanding this, you agree that Lithium shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
14.8 The Terms of Service constitute the entire agreement between Lithium and you with respect to the subject matter hereof.
By clicking on this link to download Lithium’s iOS Library, you agree to the terms and conditions on this page.