This Agreement is not assignable or transferable, in whole or in part, by you, whether involuntary, by merger, statute or otherwise, without the prior written consent of Smaato. Any attempted transfer that violates this section will be void. Any waiver of any breach under this Agreement or any of the terms of this Agreement shall not be deemed a continuing waiver or waiver of any other omission or any other provision or condition, but shall apply only in the event that such waiver is ordered. The exercise of any right or remedy provided for in this Agreement shall not affect the right to exercise any other right or remedy provided by law or equity, except as expressly limited by this Agreement. The legends of this Agreement are for the convenience of the parties and will not affect the interpretation or interpretation of this Agreement. In the event that any provision of this Agreement is held to be invalid or unenforceable, that provision shall be severed from the remainder of this Agreement and thereof shall remain in full force and effect. The parties undertake to replace such an ineffective provision with a valid provision which comes closest to the meaning and economic effect of the invalid provision. This Agreement constitutes the entire agreement between the parties with respect to this subject matter and supersedes all prior and/or contemporaneous representations, discussions, negotiations and agreements regarding the SDK, whether written or oral. This Agreement is effective until terminated. Smaato has the right to terminate this Agreement with immediate effect if you fail to comply with any provision of this Agreement. Notwithstanding anything to the contrary in this Agreement, Smaato may, in its sole discretion, terminate or suspend access to the SDK at any time.
You acknowledge that termination of your rights and/or financial damages may not be a sufficient remedy if you breach this License and that Smaato may seek injunctive or equitable relief for breach without waiving any other right or remedy. Upon termination of this Agreement, you must (a) destroy or return to Smaato all complete and partial copies of the SDK, and (b) cease distribution of the developed programs. Sections 2, 3, 5, 7, 8 and 11-17, as well as any other provision that reasonably extends beyond termination, shall survive the termination and/or expiration of this Agreement. This SDK License Agreement („Agreement“) is between Smaato, Inc. („Smaato“) and the person or entity that accesses, installs or uses the Licensed Software and related documentation („you“). The Terms also apply to application programming interface documentation (collectively, the „APIs“) and software code provided by Smaato as part of this Documentation. The software code, documentation, APIs and other materials provided by Smaato are collectively referred to in this Agreement as the „SDK“. This Agreement sets out the rights of each party in the SDK. Subject to the terms of this Agreement, Smaato grants you a non-exclusive, non-transferable, royalty-free license to: With respect to any technical or other information you provide to Smaato (orally or in writing) in connection with the SDK (including, but not limited to, reporting errors or making suggestions for improvements or changes to the SDK), You agree that Smaato has an indefinite, irrevocable and unlimited right to use this information for commercial purposes, including support and product development. Smaato will not use this information in any form that personally identifies you.