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ADMOB MOBILE ANALYTICS TERMS AND CONDITIONS OF USEPlease read these Terms and Conditions of use("Terms of use") carefully. ADMOB'S MOBILE ANALYTICS service, software, documentation and reports (collectively THE "Service") is subject to these Terms of Use. BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE ("AGREEMENT"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, INCLUDING WITHOUT LIMITATION, ADMOB'S right TO USE ALL DATA collected and analyzed by the service. Use of this Service. Under this Agreement, AdMob may allow you to access the AdMob analytics service by using AdMob's analytics site code and any fixes, updates and upgrades provided to you, provided that you are an active AdMob network user. In addition, AdMob may provide you with on-line access to a variety of analytics reports (the "Reports") generated by AdMob's processing code and any fixes, updates and upgrades. AdMob's analytics site code and processing code are defined herein as "Software".The processing code analyzes the data collected by the analytics site code. This data concerns the characteristics and activities of end users on your websites ("User Data"). You acknowledge and agree that all of your websites that contain the analytics site code shall comply with AdMob's content guidelines at http://www.admob.com/s/home/content_guidelines. Changes to This Agreement. AdMob reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time, in its sole discretion, by posting changes at http://analytics.admob.com/s/home/terms (or such other URL as AdMob may provide). Your continued use of any part of the Service following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. Fees and Payment. The Service is provided to you free of charge. AdMob may change its fees and payment policies for the Service from time to time. The changes will be posted at http://analytics.admob.com/s/home/terms (or such other URL AdMob may provide from time to time). You may elect to stop using the Service rather than incurring fees. Registration. To register for the Service, you must complete the registration process at http://www.admob.com/s/home/register/ by providing AdMob with current, complete and accurate information. You shall protect your passwords and take full responsibility for your accounts for the Service. You are solely responsible for any and all activities that occur under your account. You agree to notify AdMob immediately upon learning of any unauthorized use of your account or any other breach of security. Reports. Subject to the terms and conditions of this Agreement, you may remotely access, view and download the analytics reports stored at http://analytics.admob.com (or such other URL AdMob may provide from time to time). Limited License. You are hereby granted a nonexclusive, limited, non-transferable, revocable and non-sublicensable license to install, use, and copy AdMob's analytics site software, solely as necessary to use the Service for websites that you own and control.Your use of the analytics site software, processing software and accompanying documentation ("Documentation") is subject to this Agreement and does not include:(a) any resale, lease, rental, assignment or other transfer of rights of the Software or Documentation; (b) the distribution, public performance or public display of the Software or Documentation, (c) modification, revision, creation of derivative works from or otherwise making any derivative uses of the Software or Documentation or any information or content therein; (d) decompilation, reverse engineering or otherwise attempting to derive the source code for the Software (except to the extent applicable laws specifically prohibit restriction of such activities); or (e) any use of the Software or Documentation other than for its intended purpose.AdMob hereby reserves all rights not expressly granted herein. Any use of the Software or Documentation other than as specifically authorized herein, without the prior written permission of AdMob, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark and other intellectual property laws. Information Collection. As a condition of your access to the Service, you agree that AdMob has the right to retain, use, and publish in an aggregate manner, subject to the terms of its Privacy Policy (located at http://www.admob.com/s/home/privacy, or such other URL as AdMob may provide from time to time), information collected in your use of the Service, including without limitation, User Data. AdMob will not disclose to any third parties any User Data collected by the Service from your websites in a manner that contains or reveals any personally identifiable information or is specifically attributable to you, your websites or your customers. You will not (and will not allow any third party to) use the Service to track or collect personally identifiable information of website users, nor will you (or will you allow any third party to) associate any data gathered from your website(s) (or such third parties' website(s)) with any personally identifying information from any source as part of your use (or such third parties' use) of the Service. You agree that you have and will abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection of information from visitors to your websites. You must post a privacy policy and that policy must provide notice of your use of a tracking pixel, cookie or any other visitor identification technology that collects anonymous traffic data. Indemnification. You agree to indemnify and hold AdMob, its parents, subsidiaries, affiliates, officers and employees harmless from and against any and all third party claims and all related losses, expenses, liabilities, costs (including attorneys' fees and other litigation expenses) or damages incurred by AdMob arising out of or relating to your use of the Service or breach of this Agreement.AdMob reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. Third Parties. If you use the Service on behalf of any third party, you represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, that third party. You shall ensure that each third party is bound by and abides by the terms of this Agreement. You agree to indemnify, hold harmless and defend AdMob and its parents, subsidiaries, affiliates, officers and employees , at your expense, against any and all third-party claims, actions, proceedings, and suitsand all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by AdMob, arising out of or relating to (a) any representations and warranties made by you concerning any aspect of the Service; (b) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of the Service; (c) violations of your obligations of privacy to any third party; and (d) any claims with respect to acts or omissions of third parties in connection with the Service. Disclaimer of Warranties and Limitation of Liability. The information and services included in or available through the Service, including the Reports, may include inaccuracies or typographical errors. AdMob may make improvements and/or changes in the Service at any time, with or without notice. You specifically agree that AdMob shall not be responsible for unauthorized access to or alteration of the User Data or data from your websites. ADMOB DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICE TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICE IS PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.FURTHER, ADMOB DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR VIRUS-FREE OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. IN NO EVENT SHALL ADMOB, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE SERVICE, SOFTWARE OR ANY INFORMATION, CONTENT OR MATERIALS IN OR ACCESSIBLE THROUGH THE SOFTWARE OR SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE OR SERVICE, EVEN IF ADMOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ADMOB OR ANY OF THE ABOVE-REFERENCED PERSONS OR ENTITIES, UNDER ANY THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED $50.00. Termination. AdMob reserves the right to discontinue offering the Service or to modify the Service at any time in its sole discretion.If you are dissatisfied with any aspect of the Service at any time, your sole and exclusive remedy is to cease using it. Notwithstanding anything contained in this Agreement to the contrary, AdMob may also, in its sole discretion, terminate or suspend your access to the Service at any time. Upon any termination of this Agreement, AdMob will cease providing the Service, and you will delete all copies of AdMob's analytics site code from your websites and certify thereto in writing to AdMob within two (2) business days of such termination. Miscellaneous. The formation, construction and interpretation of this Agreement, and your use of the Service, shall be controlled by the laws of the State of California, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts in San Francisco, California, U.S.A. You hereby irrevocably and unconditionally submit to the personal jurisdiction and exclusive venue of these courts. If any provision of this Agreement is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions.This Agreement constitutes your entire agreement with AdMob with respect to its subject matter, and supersedes any other previous written terms and any oral or promotional statements regarding such subject matter. Any waiver of enforcement of any term or condition of this Agreement or any breach thereof, in any one instance, shall not constitute a waiver of such term or condition or any subsequent breach thereof. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.
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