This is a License Agreement (the "Agreement") for certain code and instructions (the “Software”) owned by Akamai Technologies, Inc. (“Akamai”) that is useful in connection with Akamai’s service offerings.
Please read this Agreement. By using the Software, or any modified version of the Software customized by Akamai or you, you agree to these terms. If you do not agree to the terms of this Agreement, the Software cannot be integrated with your environment or otherwise used for any purpose.
The Software consists of code and instructions for the Bot Manager Premier Mobile Software Development Kit. Code may be provided to you in either source or binary format. Akamai either owns or has the right to provide you the Software, portions of which may be copyrighted.
- Restrictions on Third Party Use, Reverse Engineering or Export. You may not use, copy, modify or distribute the Software except as provided in this Agreement. Except as set forth herein, the Software may not be used in association with any third party product or service including, without limitation, any third party content delivery network (CDN). Except as permitted by applicable law and this Agreement, neither you, nor your end- users, may decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, sublicense, or create unauthorized derivative works from, the Software or transmit the Software over a network. For purposes of clarity, an authorized derivative work is one you create based on the Software for your internal use only in conjunction with the Akamai services. You may not use or otherwise export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, none of the Software may be used or otherwise exported or re-exported (a) into (or to a national or resident of) a United States embargoed country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any country or on any such list.
- Open Source Software. Any use, reproduction, and distribution of components of the Software licensed under an open source software license will be governed solely by the terms of that open source software license and not by this Agreement.
- No Warranty on Software. You and your end users use the Software and any derivative works you may create based on the Software at your own risk. Akamai provides the Software to you "AS IS" and without warranty and you hereby indemnify Akamai for your use of the Software to create derivative works. You are not entitled to any hard copy documentation, maintenance, support or updates for the Software.
AKAMAI EXPRESSLY DISCLAIMS ALL WARRANTIES RELATED TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AKAMAI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, AKAMAI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Limitation of Liability. In no event shall Akamai be liable to you for any damages exceeding any amount paid for the Software or the service with which the Software is used.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL AKAMAI BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM ANY LOSS OF DATA CAUSED BY THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
- Government End Users. If you are acquiring the Software on behalf of any part of the United States Government, the following provisions apply. The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and/or the accompanying documentation by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Any technical data provided that is not covered by the above provisions is deemed to be "technical data-commercial items" pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 220.7015(b).
- Controlling Law and Severability. This Agreement shall be governed by the laws of the United States and those of the Commonwealth of Massachusetts. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
- Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing.