HyprMX Mobile LLC
SDK End User License Agreement ("EULA")

By using any of the Materials (as defined below) and/or executing or otherwise manifesting your assent to a “Monetization Agreement” with HyprMX Mobile LLC ("HyprMX"), you ("Publisher") agree to be bound by this EULA. If you do not agree to this EULA, do not use the Materials and delete them instead. In case of a conflict between a Monetization Agreement and this EULA, the Monetization Agreement prevails. 

All materials of HyprMX made available to Publisher are subject to this EULA, including software source code ("Source Code") and object code ("Object Code"), documentation and other materials (collectively, "Materials").

License: Subject to the terms of this EULA, HyprMX hereby grants to Publisher a paid-up, royalty-free, non-transferable, non-sublicensable, non-exclusive, revocable license to possess and to use the Materials. Publisher may install and use multiple copies of the Materials on a shared computer or concurrently on different computers, and make multiple back-up copies of the Materials, solely for use by Publisher. The following terms apply to the specified type of Material:

    1. Source Code: Publisher shall have the right to modify and create derivative works with the Source Code. Publisher shall own any derivative works ("Derivatives ") it creates to the Source Code, provided that Publisher uses the Materials and the Derivatives in accordance with this EULA. Publisher may distribute the Derivatives, provided that all HyprMX copyright notices and trademarks are used properly and the Derivatives include the following statement: "This software contains source code provided by HyprMX Mobile LLC."

    2. Object Code: Publisher agrees not to disassemble, decompile or reverse engineer the Object Code versions of any of the Materials. Publisher acknowledges that certain of the Materials provided in Object Code version may contain third party components that may be subject to restrictions, and expressly agrees not to attempt to modify or distribute such Materials without first receiving consent from HyprMX.
 
No Other License: No rights or licenses are granted by HyprMX to Publisher under this EULA, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret or other intellectual property right owned or controlled by HyprMX, except as expressly provided in this EULA.

Intellectual Property Ownership: All rights, title, interest and copyrights in and to the Materials are owned by, and expressly reserved to, HyprMX or its suppliers.

Privacy and Third-Party Materials: Publisher's use of the Materials is subject to the HyprMX privacy policy located at http://hyprmx.com/pp.html, as it may be in effect from time to time. HyprMX offers certain Materials for developers that utilize the Unity Technologies ApS application development framework. Unity Technologies ApS and/or its affiliates collect certain data in connection with your use of such Materials, which collection is subject to the Unity privacy policy located at http://unity3d.com/legal/privacy-policy, as it may be in effect from time to time.

Term of EULA: This EULA will terminate automatically upon termination of the Monetization Agreement. Publisher will notify HyprMX promptly in writing of any breach of this EULA, and following its termination, will destroy all copies of, and all works containing or based on, the Materials, and comply with any reasonable instructions of HyprMX intended to remedy or mitigate the harm caused by such breach. HyprMX may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this EULA.

No Support: HyprMX has no obligation to support or to continue providing or updating any of the Materials.

No Warranty: THE MATERIALS PROVIDED BY HYPRMX TO PUBLISHER HEREUNDER ARE PROVIDED "AS IS." HYPRMX DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Limitation of Liability: HYPRMX SHALL NOT BE LIABLE TO PUBLISHER, PUBLISHER'S CUSTOMERS, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH OR UNDER PUBLISHER FOR ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES (WHETHER IN AN ACTION IN CONTRACT, TORT OR BASED ON A WARRANTY), EVEN IF HYPRMX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL HYPRMX'S AGGREGATE LIABILITY TO PUBLISHER OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH OR UNDER PUBLISHER EXCEED $100.00.

Feedback: In the event either party provides Feedback (as defined below) to other party, the following applies:
 
    1. Exchange of Feedback. Both parties agree that neither party has an obligation to give the other party any suggestions, comments or other feedback, whether verbally or in code form (collectively, "Feedback"), relating to (i) the Materials; (ii) Publisher's products; (iii) Publisher's use of the Materials; or (iv) optimization of Publisher's product with HyprMX's product offerings. In the event either party provides Feedback to the other, the party receiving the Feedback may use and include any Feedback that the other party voluntarily provides to improve the (i) Materials or other related HyprMX technologies, in the case of HyprMX; or (ii) Publisher's product or other related Publisher technologies, in the case of Publisher. Accordingly, if either party provides Feedback to the other party, both parties agree that the other party and its respective developers may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the (i) Materials or other related technologies; or (ii) Publisher's products or other related technologies, respectively, without the payment of any royalties or fees. Any purported Feedback provided by HyprMX in the form of Source Code or Object Code shall be deemed Materials and not Feedback.
 
    2. Residual Rights. Publisher agrees that HyprMX shall be free to use any general knowledge, skills and experience, including, but not limited to, ideas, concepts, know-how, or techniques ("Residuals"), contained in the (i) Feedback provided by Publisher to HyprMX; (ii) Publisher's products, in source or object code form, shared with or disclosed to HyprMX in connection with the Feedback; or (iii) Publisher's confidential information voluntarily provided to HyprMX in connection with the Feedback, which are retained in the memories of HyprMX's employees, agents, or contractors who have had access to the Residuals. HyprMX's employees, agents, or contractors shall not be prevented from using Residuals as part of such employee's, agent's or contractor's general knowledge, skills, experience, talent, and/or expertise. HyprMX shall have no obligation to limit or restrict the assignment of such employees, agents or contractors or to pay royalties for any work resulting from the use of Residuals.
 
Miscellaneous: This EULA shall be construed in accordance with the laws of the State of New York applicable to agreements executed and fully performed within such state.  The parties irrevocably consent to the exclusive personal and subject matter jurisdiction and venue of courts located in New York, NY with respect to any and all disputes arising out of this EULA or between them. The prevailing party in any action arising out of this EULA shall be entitled to recover its reasonable attorney's fees and costs. ANY CLAIMS UNDER THIS EULA SHALL PROCEED INDIVIDUALLY AND NO PARTY SHALL JOIN IN A CLASS ACTION OR OTHER PROCEEDING WITH OR ON BEHALF OF OTHERS. This EULA is the final, complete and exclusive EULA between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This EULA may only be modified in a writing manually signed by an officer of HyprMX. Publisher agrees that it will not ship, transfer or export the Materials into any country, or use the Materials in any manner, prohibited by the United States Bureau of Industry and Security or any export laws, restrictions or regulations.

Revised: October 9, 2017