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Version 1.02, 30. September 2015

Copyright (C) 2015 freshbits GmbH info@freshbits.ch


License freshbits Software Developer's Kit ("SDK") License Agreement
FRESHBITS SOFTWARE DEVELOPMENT KIT LICENSE FOR FRESHBITS TECHNOLOGY NAMED PATHSHARE LOCATION SDK AND PATHSHARE LOCATION SHARING SDK

Notice to user: THIS IS A LICENSE AGREEMENT BETWEEN YOU AND FRESHBITS. BY INDICATING YOUR ACCEPTANCE AS SET FORTH BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. This License Agreement accompanies the freshbits Pathshare Location SDK and the freshbits Pathshare Location Sharing SDK for the software and related explanatory materials (the "SDK") and includes any upgrades, modified versions, updates, additions, and copies of the SDK licensed to You by freshbits. This copy of the SDK is licensed to You as the end user or to Your employer or another third party authorized to permit Your use of the SDK. You agree that this License Agreement is enforceable like any written negotiated agreement signed by you and that your use of the SDK constitutes acceptance of the Agreement terms. If you do not agree to the terms of this Agreement, do not use this SDK software.

1. DEFINITIONS

1.1 In this License Agreement, SDK means Libraries, Sample Code, Tools, API Information, documentation, including Documentation in online format, and related items.

1.2 This License Agreement does not govern use of other freshbits services and products. See the end user license agreements accompanying the freshbits services and products for governing terms.

1.3 Sample Code means software code that freshbits has included for You to incorporate into Your application programs.

1.4 Tools refer to programs and Utilities that may be included for You to test or compile Your application programs.

1.5 Documentation means any related explanatory materials accompanying the SDK.

1.6 freshbits means freshbits GmbH, located at Hinterbergstrasse 18, 8604 Volketswil, Switzerland or one of its subsidiaries.

1.7 Developer, You and Your refer to any person or entity acquiring or using the SDK under the terms of this License Agreement.

2. LICENSE

2.1 You understand that, in order to use freshbits SDKs and services, you need to purchase the required platform subscriptions for the corresponding platforms framework separately from your supplier at your own expense and responsibility.

2.2 In consideration of your payment of the applicable platform subscription fees and acceptance of the terms of this Agreement, freshbits hereby grants to you certain nonexclusive and non-transferable rights limited by the terms of this Agreement. The SDK and services are licensed (not sold) to you for use strictly under the terms of this Agreement, and freshbits reserves all rights not expressly granted to you herein. You are entitled to include the SDKs into your software development environment and to statically link the SDK to software applications to be developed, compiled and provided/sold by you and to redistribute the SDK in a binary form as a part of your application to be distributed, directly and indirectly, to your end users in form of a single compiled binary file under the following conditions:

2.2.1 The SDKs shall be distributed only as an integrated part of compiled software applications developed by or for you. Therefore, the SDKs must be linked to software applications to be developed by or for you, the software application must be compiled to binary object code and the SDKs embedded into the binary program code as an inseparable part. The SDKs shall only be redistributed as a part of a compiled binary application developed and distributed by or for you. Any plain redistribution of the SDKs as licensed is strictly prohibited.

2.2.2 The SDKs shall only be provided as part of a software product or solution, incorporated into your Application, accessible by end users devices. A redistribution of the SDKs in a re-linkable "library" or similar form is explicitly prohibited.

2.2.3 The software product or solution must be one single binary file that includes the incorporation of the SDKs binary object code.

2.2.4 Any redistribution of source or header files is strictly prohibited.

2.2.5 The SDKs in their current version shall only be used for the development and compilation of your application by you if you own a valid fully paid license granted, under a current running Agreement that has not been terminated, at the time SDKs are included into your software development environment, redistributed, compiled and/or distributed as an executable application.

2.2.6 A redistribution or disclosure to third parties of the provided documentation or descriptions of interfaces is strictly prohibited.

2.2.7 A single SDK license as granted to you in this license is always valid for exactly one app identifier (bundle identifier, app identifier, or api key) and platform, where platform is either Android or iOS.

2.3 You may make a limited number of copies of the SDK to be used by Your employees or consultants as provided herein, and not for general business purposes, and such employees or consultants shall be subject to the obligations and restrictions in this license agreement.

2.4 Maintenance of the SDKs, Updates to the SDKs, services and API usage licenses need to be purchased separately to the SDKs license.

4. PROPRIETARY RIGHTS

4.1 This Agreement does not transfer from freshbits to you any freshbits or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with freshbits.

5. TERMS

5.1 The SDK enables you to programmatically access portions of the Services. You agree to make users of any third-party applications aware of these terms via a commercially reasonable manner, and you acknowledge that third-party uses of any applications you create from the SDK shall be bound by these Terms of Service. You agree not to impose any terms or conditions that conflict with these Terms of Service on such third-party uses.

5.2 freshbits may at its sole discretion restrict and limit access to the SDK. You agree to abide by these limitations (such as daily usage quotas). You agree not to use methods to get around these limitations. You also agree to make reasonable good faith efforts to ensure that others' uses of any tools or software you create that use the SDK do not result in any of the prohibited uses under these Terms of Service. freshbits, in its sole discretion, may at any time change the specifications of or restrict or limit access and or use to the SDK and services.

5.3 You may not reverse engineer, decompile, or disassemble the SDK, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

5.4 freshbits is constantly updating the SDK and Services. Therefore freshbits may change the legal terms under which our Services are offered occasionally. If you disagree with our changes, then you must stop using the SDK and the Services. Your continued use of the SDK and Services will be subject to the new Terms.

5.5 freshbits may terminate the development, maintenance or your access and/or use to all or any part of the Services or the SDK at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6. DISCLAIMER OF WARRANTY

6.1 The SDK and Services are provided “as is”. freshbits and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither freshbits nor its suppliers and licensors, makes any warranty that the Website and the SDK will be error free or that access thereto will be continuous or uninterrupted.

7. LIMITATION OF LIABILITY

7.1 Notwithstanding any other provisions of this License Agreement, freshbits's liability to You under this License Agreement shall be limited to the amount paid by You for the SDK.

7.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL FRESHBITS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU INCLUDING DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF ANY PROVISION OF THIS LICENSE AGREEMENT OR THE USE OR INABILITY TO USE THE ITEMS IN THE SDK, EVEN IF A FRESHBITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to You. Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer.

8. INDEMNIFICATION

8.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless freshbits, 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 SDK and services, (b) any application you develop on the SDK and services 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.

9. CHOICE OF LAW

9.1 freshbits is run out of Switzerland. This Agreement shall be governed by Swiss law and exclusive and sole jurisdiction is Zürich, Switzerland. If you use the Website or the SDK or Service, you are responsible for following applicable local laws.

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The following pods are licensed by Alamofire under the following license:

+ AFNetworking

Copyright (c) 2011–2015 Alamofire Software Foundation (http://alamofire.org/)

Permission is hereby granted, free of charge, to any person obtaining a copy
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The above copyright notice and this permission notice shall be included in
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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
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LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.

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LICENSE INFORMATION (III/IV)
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The following pods are licensed by Tony Million under the following license:

+ Reachability

Copyright (c) 2011-2013, Tony Million.
All rights reserved.

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
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CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.

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The following pods are licensed by Realm Inc under the following license:

+ Realm

TABLE OF CONTENTS

1. Apache License version 2.0
2. Realm Components
3. Export Compliance

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REALM COMPONENTS

This software contains components with separate copyright and license terms.
Your use of these components is subject to the terms and conditions of the
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For the Realm Core component

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