Copyright 2021 salesforce.com, inc. All rights reserved.
These Terms of Use are between You (being the Customer that purchased the Services) and salesforce.com, inc. or its Affiliate (“SFDC”) that entered into an agreement with You that governs Your purchase of the Services (the “Agreement”). Capitalized terms not defined herein shall have the meaning defined in the Agreement.
These Terms of Use were last updated on February 1, 2020, and constitute a legally binding agreement between You and SFDC effective upon Your first download, installation or use of the Software Development Kit (SDK), whichever is earliest. If You do not have authority to bind the Customer that entered into the Agreement or You do not agree to these Terms of Use, do not install or use the SDK.
SFDC grants You a limited non-exclusive, nontransferable, non-sublicensable, revocable license to use the Services in a manner consistent with the Documentation, and subject to the terms of the Agreement.
Use, modification, reproduction, and distribution of components of the SDK are licensed under an open source software license and are governed by the terms of that open source software license and not the Agreement. Some of the software required by or included in the SDK may be offered under other open source licenses. Open source licenses constitute separate written agreements.
Subject to the limited rights expressly granted hereunder, SFDC reserves all rights, title and interest in and to all intellectual property subsisting in the SDK as provided to You. No rights are granted to You hereunder other than as expressly set forth herein. Users residing in countries on the United States Office of Foreign Assets Control sanction list, or which are otherwise subject to a US export embargo, may not use the SDK.
The SDK is not part of the Services. Implementation of the SDK may require development work for which You are responsible. The SDK may contain bugs, errors and incompatibilities with Your configuration of the Services and is made available on an AS IS basis without support, updates, or service level commitments.
SFDC reserves the right at any time to modify, suspend or discontinue, the SDK (or any part thereof) with or without notice. You agree that SFDC shall not be liable to You or to any third party for any modification, suspension or discontinuance.
You agree to defend SFDC against any claim, demand, suit or proceeding made or brought against SFDC by a third party arising out of or accruing from (a) your use of the SDK, (b) any application you develop on the SDK 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 the Agreement, each to the extent allowable by applicable law (each a “Claim Against SFDC”), and will indemnify SFDC from any damages, attorney fees and costs finally awarded against SFDC as a result of, or for any amounts paid by SFDC under a settlement approved by You in writing of, a Claim Against SFDC, provided SFDC (a) promptly gives You written notice of the Claim Against SFDC, (b) gives You sole control of the defense and settlement of the Claim Against SFDC (except that You may not settle any Claim Against SFDC unless it unconditionally releases SFDC of all liability), and (c) gives You all reasonable assistance, at Your expense.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SDK IS NOT SUPPORTED, AND IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IN NO EVENT SHALL SFDC HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, IN CONNECTION WITH THE SDK, HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms of Use shall be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules. Each party hereby consents to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California to adjudicate any dispute arising out of or relating to these Terms of Use. Except as expressly stated in these Terms of Use, these Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. No modification, amendment, or waiver of any provision of these Terms of Use shall be effective unless it is by an update to these Terms of Use that SFDC makes available on this website, or is in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
Data Privacy: SFDC may collect, process and store device, system, and other information related to Your use of the SDK. This includes, but is not limited to, IP address, user metrics, and other data (“Usage Data”). SFDC may use Usage Data for analytics, product development and marketing purposes. You acknowledge that files generated in conjunction with the SDK may contain sensitive or confidential data, and You are solely responsible for anonymizing and protecting such data.