PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "EULA") BEFORE DOWNLOADING, INSTALLING OR USING THE IRONSOURCE BROWSER, THE BROWSER MOBILE DEVICE INTEGRATION SOFTWARE, OR ANY APPLICATIONS OR ANY ACCOMPANYING DOCUMENTATION ASSOCIATED WITH IT (COLLECTIVELY, THE "BROWSER"). THE BROWSER MAY INCLUDE THIRD-PARTY APPLICATIONS (AS DEFINED IN SECTION 2 BELOW) OR OPEN SOURCE SOFTWARE (AS DEFINED IN SECTION 1 BELOW). THIS IS A LEGAL AGREEMENT BETWEEN IRONSOURCE LTD. ("IRONSOURCE" OR “WE”) AND YOU.
IronSource is willing to license the Browser to you only upon the condition that you accept all the terms contained in this EULA. By downloading, installing or using the Browser, you acknowledge and agree that you have read and understand this EULA and accept all of its terms.
We recommend that you print out or save a local copy of this EULA for your records. If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, "you" and "your" will refer and apply to that entity. If you do not accept this EULA in its entirety, then IronSource is unwilling to license the Browser to you, you may not access or use the Browser and any use of the Browser by you will be considered a violation of Intellectual property laws and may subject you to civil and/or criminal penalties.
IronSource reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. IronSource will also update the "Last Updated Date" at the end of this Agreement. This Agreement will also govern any software upgrades and/or updates provided by IronSource that replace and/or supplement the Browser, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will govern.
1. License to the Browser.
1.1 Conditioned upon your compliance with the terms and conditions of this EULA, IronSource hereby grants to you a limited, worldwide, royalty-free, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license ("License") to install and use the executable form of the software that is the Browser on a single computer and a mobile device both of which are owned or controlled by you, solely for your personal, non-commercial use. IronSource reserves all rights in the Browser not expressly granted to you in this EULA. You may not remove alter or delete any trademark, logo, copyright or other proprietary notices or markings appearing in or on the Browser. This License does not grant you any right to use the trademarks, service marks or logos of IronSource or its licensors.
1.2 Except as expressly specified in this EULA, you may not: (a) copy or modify the Browser; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Browser to any third party; or (c) use the Browser in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the Browser, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of IronSource and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Browser provided in object code or any other IronSource products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
1.3 Nothing in this EULA will be construed to limit any rights granted under the Open Source Licenses. Any Open Source Software that may be accompanying the Browser source code is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Browser. To the limited extent that the open source software licenses expressly supersede the terms and conditions herein, the open source licenses will govern your agreement with IronSource for the use of the Browser or specific included components of the Browser. As used herein "Open Source Software" is open source software components provided with the Browser that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the Browser. This EULA does not apply to any Open Source Software accompanying the Browser and IronSource hereby disclaims any and all liability to you or any third party related thereto.
2. Third Party Applications and Content.
2.1 As used herein the following terms shall have the meaning ascribed thereto as follows: (a) a "Third Party Application" means a software application that includes, without limitation, any content, links, games or materials that are accessible by you, via the Browser, and any website or content you access using the Browser; and (b) "Third Party Content" means data, information, links, web pages, images, software and code, text, photos, audio or video, sounds, visual works and components that are made available to you by a third party; and (c) “Content” means data, information, graphics, links, web pages, signs, images, software and code, files, text, photos, audio or video, sounds, visual works, musical works, works of authorship, and components .
2.2 Your use of any Third Party Application is subject to the applicable terms and conditions of any such Third Party Application. Content and/or features in such Third Party Applications are made accessible through the Browser for your use in accordance with the terms and conditions of the Third Party Application. IronSource is not responsible for any Third Party Application and you acknowledge that such application may be modified or removed or rendered inaccessible by your by its publisher and/or respective rights owner at any time. You assume all responsibility and risk of use of any Third Party Application (including any content therein) and IronSource hereby disclaims any and all liability to you or any third party related thereto. IronSource does not have any obligation to examine or scan Third Party Applications, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any Third Party Application. The fact that a Third Party Application is available from the Browser is not an endorsement, authorization or representation of IronSource's affiliation with any third party, nor is it an endorsement of such Third Party Application and you hereby waive any legal or equitable rights or remedies you have or may have against IronSource with respect thereto.
2.3 You acknowledge and agree that some Third Party Applications and/or Third Party Content may cease to be available to you from the Browser as a result of the termination of IronSource’s relationship with the providers of such Third Party Applications and/or Third Party Content
3. Online Services Provided by Third Parties.
3.1 The Browser may facilitate your access to websites and services maintained by third parties ("Third Party Online Service(s)"). Your use of a Third Party Online Service is governed by the terms associated with such Third Party Online Services. IronSource may at any time, for any reason, modify or discontinue the availability of any Third Party Online Services. IronSource does not control, endorse or accept responsibility for Third Party Online Services. Any dealings between you and any third party in connection with a Third Party Online Service, including such party's privacy policies and use of your personal information, delivery of and payment for goods and services, privacy policies and any other terms associated with such dealings, are solely between you and such third party.
3.2 Third Party Online Services may also contain Content which you may have access to as part of, or through your use of, the Browser. The Content is the sole responsibility of the website from which such content originated or the person who owns the Content. Such Content may be protected by intellectual property rights. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content (either in whole or in part) unless you have been specifically told that you may do so by the owners of that Content. IronSource has no responsibility for your use and/or access of any Content unless such Content is explicitly provided by IronSource.
3.4 IronSource reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Third Party Online Service. IronSource may provide tools in the Browser to filter out offensive Content.
3.5 You agree that you are solely responsible for (and that IronSource has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Browser and for the consequences of your actions (including any loss or damage which IronSource may suffer) by doing so.
3.6 Disputes may arise between you and others or between you and IronSource related to Content, including user-generated Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks, or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You further agree that all claims, disputes or wrongdoing that result from, or are related in any way to, the Content of information that you or another user posts, transmits, re-transmits or receives through the Browser are your sole and exclusive responsibility. IronSource may, at its discretion, block certain websites or domains and re-route you to other pages.
3.7 You further acknowledge and agree that IronSource is not responsible for the availability of any external sites or resources, and does not endorse any advertising, products or other materials on or available from such Third Party Online Services.
3.8 You acknowledge and agree that IronSource is not liable for any loss or damage which may be incurred by you as a result of the availability of external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Third Party Online Services.
The Browser which you use may automatically download and install updates from time to time from IronSource. These updates are designed to improve, enhance and further develop the Browser and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit IronSource to deliver these to you) as part of your use of the Browser.
5. Proprietary Rights.
5.1 The Browser is licensed, not sold to you. You agree that IronSource owns all right, title and interest in and to the Browser, including without limitation all intellectual property rights therein. The Browser is protected by United States (and other countries) copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Browser as delivered to you.
5.2 All rights in the Third Party Applications and/or the Third Party Content, including all ownership rights are reserved and remain with such third parties. You agree that such third parties may enforce their rights against you directly in their own name. IronSource is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your use of any Third Party Applications and/or the Third Party Content.
6. Privacy and Legal Rights
6.2 You consent to IronSource’s use of your data in accordance with IronSource's Privacy Policies.
If you believe that your legal or privacy rights have been violated while using the Browser or Third Party Applications, IronSource encourages you to report such matters to IronSource at your earliest convenience at http://www.ironsrc.com . IronSource will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of IronSource's commitment to providing a positive user experience.
7. Your Obligations.
7.1 You agree to only use the Browser as permitted in this EULA and to in accordance with all applicable laws, rules and regulations when using the Browser.
7.2 You will not use the Browser to infringe anyone's rights, including, without limitation, any intellectual property rights of any person or entity.
7.3 You agree not to use the Browser in any manner that could: (i) damage, disable, overburden, or impair it (or any server or networks connected to the Browser), or (ii) interfere with any third party's use and/or enjoyment of the Browser (or any server or networks connected to the Browser).
7.4 You agree that you are solely responsible for (and that IronSource has no responsibility to you or to any third party for) your use of the Browser, and any breach of your obligations under this EULA and for the consequences (including any loss or damage which IronSource may suffer) of any such breach.
8. No Obligation.
IronSource is not obligated to maintain or support the Browser, or to provide you with updates, fixes, or services related thereto. You understand that during and/or by using the Browser, you may encounter Content that you may find offensive, indecent or objectionable, and that in this respect, you use the Browser at your own risk and that IronSource shall not have any liability to you with respect to such Content.
9. Government Users.
Any use, duplication, or disclosure of the Browser by the U.S. government is subject to the restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is IronSource Ltd.
10. Export Laws.
You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Browser nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree you will not export nor re-export to any US embargoed country. By downloading and using the Browser, you further represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Disclaimer of Warranties.
In addition to the limitations of IronSource’s liability expressly contained in this Agreement, IronSource further disclaims any warranty related to the results and performance of the Browser and your use of any Third Party Applications as further described herein. THE BROWSER IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. IRONSOURCE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IRONSOURCE OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. IRONSOURCE DOES NOT REPRESENT OR WARRANT THAT: (I) THE BROWSER OR ANY THIRD PARTY APPLICATION AND/OR ANY THIRD PARTY CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE BROWSER OR ANY THIRD PARTY APPLICATION AND/OR ANY THIRD PARTY CONTENT WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE BROWSER, ANY THIRD PARTY APPLICATION, ANY THIRD PARTY CONTENT AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE BROWSER, ANY THIRD PARTY APPLICATION OR ANY THIRD PARTY CONTENT, INCLUDING WITHOUT LIMITATION, WEATHER REPORTS, FINANCIAL DATA, ANALYSIS, MARKET INFORMATION AND NEWS, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND IRONSOURCE GROUP (DEFINED BELOW) AND IRONSOURCE'S THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. IRONSOURCE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE BROWSER OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE BROWSER, ANY THIRD PARTY APPLICATION OR ANY THIRD PARTY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE BROWSER IS TO UNINSTALL AND CEASE USE OF THE BROWSER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability.
IN NO EVENT WILL IRONSOURCE, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, "IRONSOURCE GROUP") AND IRONSOURCE'S THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER AND/OR MOBILE DEVICE DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE BROWSER, ANY THIRD PARTY APPLICATION OR ANY THIRD PARTY CONTENT UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT IRONSOURCE GROUP OR ITS THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL IRONSOURCE'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE BROWSER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, You agree to defend, indemnify and hold the IronSource Group harmless from and against any and all claims, suites, losses, liability, costs or expenses (including but not limited to reasonable attorneys fees) arising from or incurred as a result of your use of the Browser, including your downloading, installation, or use of the Browser, or your violation of this EULA.
14. Term and Termination.
14.1 Your license to use the Browser under this EULA shall continue until it is terminated by either party, as follows:
14.1.1 IronSource may terminate this EULA, at any time, if: (a) you breach or have breached any term or condition of this EULA, or (b) IronSource reasonably determines that it is commercially impractical for IronSource to continue providing the Browser as a result of legal, business or technical considerations.
14.1.2 You may terminate this EULA at any time, by discontinuing use of the Browser.
14.2 Upon termination of this EULA, all rights and licenses granted herein shall terminate immediately, as shall all obligations and liabilities that you and IronSource shall cease subject to Section 14.3 below.
14.3 Sections 5, 8, 11, 12, 13, this Section 14.3 and Section 15 shall survive the termination of this EULA.
15.1 This EULA and all the policies referenced herein constitute the entire agreement between IronSource and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of IronSource.
15.2 The section titles in this EULA are provided solely for convenience and have no legal or contractual significance.
15.4 The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
15.5 If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. IronSource reserves the right, at our discretion, to update or revise this EULA.
15.6 Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
15.7 You may not assign your rights under this EULA to any party without IronSource's consent.
15.8 If any provision of this EULA shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions.
15.9 Nothing in this EULA will be construed as creating a joint venture, partnership, employment or agency relationship between you and IronSource, and you do not have any authority to create any obligation or make any representation on IronSource's behalf.
15.10 If you have any questions about the Browser, please visit our website at www.ironsrc.com.
16. Questions, Comments, and Contact Information.
If you have any questions, complaints and/or claims, you may contact IronSource at:
63 Rothschild Avenue
Tel Aviv, Israel
Last updated: October 31, 2012