From 3a38cb65445c0089e9c4616e7ba4dbaeb66dc34d Mon Sep 17 00:00:00 2001
From: Mark Ha <mha@appnexus.com>
Date: Wed, 14 May 2014 18:03:55 -0400
Subject: [PATCH] MMSDK Licenses Deprecated code in AdMobAdaptor

---
 .../AdMob/ANAdAdapterBannerAdMob.m            |  8 +-
 .../AdMob/ANAdAdapterInterstitialAdMob.m      |  6 +-
 mediation/mediatedviews/libs/MMSDK/LICENSE    | 76 +++++++++++++++++++
 .../mediatedviews/libs/MMSDK/LICENSE.txt      |  1 +
 4 files changed, 88 insertions(+), 3 deletions(-)
 create mode 100644 mediation/mediatedviews/libs/MMSDK/LICENSE
 create mode 100644 mediation/mediatedviews/libs/MMSDK/LICENSE.txt

diff --git a/mediation/mediatedviews/AdMob/ANAdAdapterBannerAdMob.m b/mediation/mediatedviews/AdMob/ANAdAdapterBannerAdMob.m
index cdaf6c918..704503690 100644
--- a/mediation/mediatedviews/AdMob/ANAdAdapterBannerAdMob.m
+++ b/mediation/mediatedviews/AdMob/ANAdAdapterBannerAdMob.m
@@ -15,6 +15,8 @@
 
 #import "ANAdAdapterBannerAdMob.h"
 
+#import "GADAdMobExtras.h"
+
 @interface ANAdAdapterBannerAdMob ()
 @property (nonatomic, readwrite, strong) GADBannerView *bannerView;
 @end
@@ -94,8 +96,10 @@ - (GADRequest *)createRequestFromTargetingParameters:(ANTARGETINGPARAMETERS *)ta
                                longitude:location.longitude
                                 accuracy:location.horizontalAccuracy];
     }
-    
-    request.additionalParameters = targetingParameters.customKeywords;
+
+    GADAdMobExtras *extras = [GADAdMobExtras new];
+    extras.additionalParameters = targetingParameters.customKeywords;
+    [request registerAdNetworkExtras:extras];
     
     return request;
 }
diff --git a/mediation/mediatedviews/AdMob/ANAdAdapterInterstitialAdMob.m b/mediation/mediatedviews/AdMob/ANAdAdapterInterstitialAdMob.m
index f0ddf0837..c3da96be7 100644
--- a/mediation/mediatedviews/AdMob/ANAdAdapterInterstitialAdMob.m
+++ b/mediation/mediatedviews/AdMob/ANAdAdapterInterstitialAdMob.m
@@ -15,6 +15,8 @@
 
 #import "ANAdAdapterInterstitialAdMob.h"
 
+#import "GADAdMobExtras.h"
+
 @interface ANAdAdapterInterstitialAdMob ()
 
 @property (nonatomic, readwrite, strong) GADInterstitial *interstitialAd;
@@ -78,7 +80,9 @@ - (GADRequest *)createRequestFromTargetingParameters:(ANTARGETINGPARAMETERS *)ta
                                 accuracy:location.horizontalAccuracy];
     }
     
-    request.additionalParameters = targetingParameters.customKeywords;
+    GADAdMobExtras *extras = [GADAdMobExtras new];
+    extras.additionalParameters = targetingParameters.customKeywords;
+    [request registerAdNetworkExtras:extras];
     
     return request;
 }
diff --git a/mediation/mediatedviews/libs/MMSDK/LICENSE b/mediation/mediatedviews/libs/MMSDK/LICENSE
new file mode 100644
index 000000000..ec638e457
--- /dev/null
+++ b/mediation/mediatedviews/libs/MMSDK/LICENSE
@@ -0,0 +1,76 @@
+AppNexus iOS Mobile Advertising SDK (the "AppNexus SDK")
+Copyright 2013 to 2014 AppNexus Inc.  All rights reserved.
+
+The AppNexus SDK is licensed under the terms of the Apache License Version 2.0, as set forth in its entirety in the License file accompanying the AppNexus SDK.
+
+
+All content located in the MillennialMedia.framework folder in the AppNexus SDK (all such content, the "Millennial SDK" or "SDK") was developed by Millennial Media Inc. and the use of which is subject to the Millennial Mobile Application SDK License Agreement set forth below:
+
+
+MOBILE APPLICATION SDK LICENSE AGREEMENT PLEASE READ  THIS CAREFULLY. IF YOU DO NOT AGREE  TO THESE  TERMS, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THIS SDK.
+
+THIS MOBILE APPLICATION SDK LICENSE AGREEMENT (THIS "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN MILLENNIAL MEDIA,  INC. ("MILLENNIAL MEDIA"  OR "WE") AND YOU INDIVIDUALLY IF YOU ARE AGREEING TO IT IN YOUR  PERSONAL CAPACITY, OR IF YOU ARE AUTHORIZED TO DOWNLOAD THE SDK ON BEHALF OF YOUR  COMPANY OR ORGANIZATION, BETWEEN THE ENTITY  FOR WHOSE BENEFIT YOU ACT ("YOU"). MILLENNIAL MEDIA OWNS AND OPERATES THE MMEDIA WEBSITE (THE "SITE")  AND THE MMEDIA MOBILE PLATFORM SERVICE (THE "SERVICE").
+
+
+BY DOWNLOADING, INSTALLING, ACTIVATING OR USING  THE SDK, YOU ARE AGREEING TO BE BOUND  BY THE TERMS  OF THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT  THE TERMS  OF THIS AGREEMENT, PLEASE CONTACT US AT DEVELOPER@MILLENNIALMEDIA.COM.
+
+
+This Agreement governs  your access  to, and use of, (a) the object code version  of the provided software and associated application programming interface for use with mobile  applications, as well as any related  materials, including installation tools, sample  code, source code, software libraries  and documentation and any error corrections, updates, or new releases that we elect, in our sole discretion, to make available to you (all such materials, collectively, the "SDK")  and (b) the Site and Service.  You acknowledge that the SDK may include third party software and may enable  services  provided by third parties.
+
+1. License. Subject  to the terms and conditions of this Agreement, Millennial Media hereby  grants  you a non-exclusive, non-transferable, non-sublicenseable, royalty-free right and license  to copy and use the SDK solely for the purpose  of performance pursuant to your mobile advertising agreement with Millennial Media,  in accordance with the documentation (the "Purpose"). You acknowledge and agree that you have no rights to any upgrades, modifications, enhancements or revisions that Millennial Media may make to the SDK. You agree that we have no obligation to provide  any support  or engineering assistance of any sort unless  we otherwise agree in writing.  You acknowledge that we and our suppliers retain all right, title and interest  in and to the original,  and any copies,  of the SDK and to the services  enabled by the SDK.
+
+2. Restrictions. You may not use the SDK to: (i) design  or develop  anything other than a mobile  application consistent with the Purpose; (ii) make any more copies  of the SDK than are reasonably necessary for your authorized use thereof;  (iii) modify,  create  derivative works of, reverse  engineer, reverse  compile, or disassemble the SDK or any portion  thereof;  (iv) distribute, publish,  sell, transfer,  assign,  lease, rent, lend, or sublicense either in whole or part the SDK to any third party except  as may specifically be permitted in Section  3 herein;  (v) redistribute any component of the SDK except  as set forth in Section  3 herein,  or (vi) remove  or otherwise obfuscate any proprietary notices  or labels from the SDK. You may not use the SDK except  in accordance with applicable laws and regulations, nor may you export  the SDK from and outside  the United  States  of America  except  as permitted under the applicable laws and regulations of the United  Sates of America. You may not use the SDK to defraud  any third party or to distribute obscene or other unlawful  materials or information.
+
+You may not use any of the services  enabled  by the SDK, or enable  use of such services, to: (a) submit  any automated or recorded requests unless  otherwise approved in writing  by Millennial Media and its suppliers; (b) be used for commercial purposes; (c) access  such services  with software or means  other than as specified in the SDK; (d) copy, reproduce, distribute, or in any other manner  duplicate such services, in whole or in part; (e) sell, lease, license,  sublicense, distribute, assign,  transfer  or otherwise grant any rights in the SDK, in whole or in part; (f) modify,  port, translate, or create  derivative works of the SDK or such services; (g) decompile, disassemble, reverse  engineer or otherwise attempt  to derive,  reconstruct, identify  or discover any source  code, underlying ideas, or algorithms, of the SDK or such services  by any means;  (h) be used for purposes of comparison with or benchmarking against  products or services  made available by third parties;  or (i) cause any part of the SDK to be placed  in the public domain.
+
+Third-party trademarks, trade names,  product  names  and logos (the "Trademarks") contained in or used by the SDK or services  enabled  by the SDK are the trademarks or registered trademarks of their respective owners,  and the use of such Trademarks shall inure to the benefit  of the trademark owner. The use of such Trademarks is intended to denote  interoperability and does not constitute: (i) an affiliation by Millennial Media and its suppliers with the user of the Trademarks, or (ii) an endorsement or approval by Company and its suppliers.
+
+3. End Users and Mediators. You may distribute those components of the SDK that are expressly identified in the documentation as intended for distribution, solely as integrated in your application. If any component of the SDK is distributed with your application, then you will ensure  that any end-user obtaining access  to such application will be subject  to an end-user license  agreement containing terms at least as protective of Millennial Media and the SDK as the terms set forth in this Agreement.
+
+If Millennial Media has authorized you (in writing)  to distribute the SDK to others  (i.e., you are a "mediator"): (a) you may distribute the SDK, solely as incorporated into your software development kit that you distribute to developers, and (b) you will ensure  that any person  to whom it is distributed is subject  to a license  agreement containing terms at least as protective of Millennial Media and the SDK as the terms set forth in this Agreement (including the requirements in this Section  3).
+
+4. Copyright Notice.  You must include  all copyright and other proprietary rights notices  that accompany the SDK in any copies  that you produce.
+
+5. Proprietary Rights.  Subject  always  to our ownership of the SDK, you will be the sole and exclusive owner of any software application developed using the SDK, excluding the SDK and any portions  thereof.
+
+6. Feedback. In the event that you provide  us any ideas, thoughts, criticisms, suggested improvements or other feedback related  to the Site or the Services, (collectively "Feedback"), you agree we may use the Feedback to modify  our products and services  and that you will not be due any compensation, including any royalty  related  to the product  or service  that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license  to use, reproduce, modify,  translate, distribute, perform, display,  import, sell, offer for sale, make, have made and otherwise exploit  the Feedback in any form, media,  or technology, whether  now known  or hereafter developed, and to allow others  to do the same.
+
+7. General  Rules of Conduct. You agree not to use the SDK in a manner  that: (a) Conducts or promotes any illegal activities;
+(b) Uploads, distributes, posts, transmits or otherwise makes  available, content  or information that is unlawful, harmful,  threatening, abusive, harassing, defamatory, vulgar,  obscene, libelous,  invasive  of another's privacy,  hateful,  harmful  to minors  in any way, or racially, ethnically or otherwise objectionable;
+
+(c) Uses the SDK in any manner  which interferes with the performance or functionality of the APIs or the Millennial Media services; (d) Loads or transmits any form of virus, worm, Trojan  horse,  or other malicious code;
+(e) Promotes or advertises any item, good or service  that (i) violates  any applicable federal,  state, or local law or regulation, or (ii) violates  the terms of service  of any website  upon which the content  is viewed; (f) Uses the SDK to generate unsolicited email advertisements or spam; or
+(g) Uses any automatic, electronic or manual  process  to access,  search  or harvest  information from an individual.
+
+8. Ownership. You understand and acknowledge that the software, code, proprietary methods and systems  that make up the SDK are: (i) copyrighted by us and/or  our licensors under United  States  and international copyright laws; (ii) subject  to other intellectual property  and proprietary rights and laws; and (iii) owned  by us or our licensors. You must abide by all copyright notices,  information, or restrictions contained in or attached to the SDK. If you are a U.S. Government end user, any of the components that constitute the SDK and its related documentation is a "commercial item" as that term is defined  at 48 C.F.R.  2.101,  consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R.  12.212.  Consistent with 48 C.F.R.  12.212  and 48 C.F.R.
+227.7202-1 through  227.7202-4, all U.S. Government end users acquire  the SDK and any documentation provided with the SDK with only those rights set forth in this Agreement.
+
+9. Confidential Information. You will safeguard, protect,  respect,  and maintain as confidential the SDK, the underlying computer code to which you may obtain or receive  access,  and the functional or technical design,  logic, or other internal  routines  or workings of the SDK, which are considered confidential and proprietary to Millennial Media. You agree not to reproduce, disseminate, sell, distribute or commercially exploit  any such confidential information of Millennial Media in any manner.  These  non-disclosure obligations shall survive termination or expiration of this Agreement.
+
+10. Geographical Restrictions. We make no representation that all of the SDK is appropriate or available for use in locations outside  the United  States  or all territories within the United  States.  If you choose  to use the SDK, you do so on your own initiative  and are responsible for compliance with local laws.
+
+11. Modification of the SDK. We reserve  the right to modify  or discontinue the SDK with or without  notice to you. We will not be liable to you or any third party should  we exercise our right to modify  or discontinue the SDK. If you object to any such changes, your sole recourse will be to cease use of the SDK. YOU AGREE  THAT WE WILL NOT BE LIABLE  TO YOU OR ANY OTHER  PARTY  FOR ANY TERMINATION OF YOUR ACCESS TO THE SDK.
+
+12. Termination. You acknowledge and agree that we, at our sole discretion, may terminate your use of the SDK without  prior notice for any reason  at any time. You agree that we shall not be liable to You or any third party for termination of your access  to the SDK. In the event of any termination, you will immediately cease use of the SDK.
+
+13. DISCLAIMERS. THE SDK AS WELL AS ALL SERVICES, SOFTWARE, MATERIALS, AND TECHNOLOGY PROVIDED IN CONNECTION WITH THIS AGREEMENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS  WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MILLENNIAL MEDIA,  OUR OFFICERS, DIRECTORS, AGENTS, SUPPLIERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE,  QUIET ENJOYMENT, UN-INTERRUPTION, AND/OR SYSTEM INTEGRATION. MILLENNIAL MEDIA, OUR OFFICERS, DIRECTORS, AGENTS, SUPPLIERS, AND EMPLOYEES MAKE  NO WARRANTY ABOUT  THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SDK, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, OR THAT THE SDK ARE FREE OF VIRUSES AND OTHER  HARMFUL COMPONENTS, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR  FREE.
+
+14. LIMITATIONS OF LIABILITY AND CONTENT. YOU ACKNOWLEDGE AND AGREE  THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SDK IF YOU AGREE  TO CERTAIN LIMITATIONS OF LIABILITY TO YOU AND TO THIRD  PARTIES. IN NO EVENT WILL MILLENNIAL MEDIA,  ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, SUPPLIERS OR EMPLOYEES BE LIABLE  TO YOU OR ANY THIRD  PARTY  FOR ANY INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES OR LIKE DAMAGES, INCLUDING, LOST PROFITS, GOODWILL, LOST OPPORTUNITIES AND INTANGIBLE LOSSES, ARISING IN CONNECTION WITH THE SDK OR THESE  TERMS, INCLUDING, FOR EXAMPLE AND CLARITY ONLY,  DAMAGES RESULTING FROM  LOST DATA,  LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO USE THE SDK. THESE  LIMITATIONS OF LIABILITY APPLY  REGARDLESS OF THE NATURE OF ANY CLAIM,  WHETHER BASED  ON WARRANTY, CONTRACT, TORT,  OR ANY OTHER  LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT MILLENNIAL MEDIA IS ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES.
+
+15. EXCLUSIVE REMEDY. YOU AGREE  THAT YOUR  SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH ANY VIOLATION BY US OF THIS AGREEMENT IS TO DISCONTINUE USING  THE SDK. IN THE EVENT  THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH ANY VIOLATION OF THESE  TERMS  WILL NOT EXCEED ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain  warranties or the limitation or exclusion of liability  for certain  types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter  of applicable law, disclaim  any warranty or limit our liabilities, the scope and duration  of such warranty and the extent of our liability  will be the minimum permitted under such applicable law.
+
+16. FORCE  MAJUERE. WITHOUT LIMITING THE FOREGOING, UNDER  NO CIRCUMSTANCES WILL WE OR OUR SUPPLIERS BE HELD LIABLE  FOR ANY DELAY  OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER  EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR  DISPUTES, RIOTS,  INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR  OR MATERIALS, FIRES,  FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD  PARTIES.
+
+17. Indemnification. You agree to indemnify, defend  and hold harmless Millennial Media,  our officers,  directors, co-branders and other partners, employees, consultants and agents,  from and against  any and all third-party claims,  liabilities, damages, losses,  costs, expenses,
+ 
+fees (including reasonable attorneys' fees and court costs) that such parties  may incur as a result of or arising  from (i) any Content  you submit,  post or transmit  through  the SDK, (ii) your use of the SDK, (iii) your violation  of this Agreement, (iv) your violation  of any rights of any other person  or entity, or (v) any viruses,  trojan horses,  worms,  time bombs,  cancelbots or other similar  harmful  or deleterious programming routines  input by you into the SDK.
+
+18. Electronic Communications. For contractual purposes, you (i) consent  to receive  communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices,  documents, disclosures, and other communications ("Communications") that we provide  to you electronically satisfy  any legal requirement that such Communications would satisfy  if it were in a writing.  Your consent  to receive  Communications and do business electronically, and our agreement to do so, applies  to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may withdraw your consent  to receive  Communications electronically by contacting us in the manner  described below.  If you withdraw your consent, from that time forward,  you must stop using the SDK. The withdrawal of your consent  will not affect the legal validity  and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please  keep us informed of any changes in your email or mailing  address  so that you continue to receive  all Communications without  interruption.
+
+19. General  Terms.  You are responsible for compliance with all applicable laws. This Agreement and the relationship between you and Millennial Media will be governed by the laws of the State of Maryland, without  giving effect to any choice  of laws principles that would require the application of the laws of a different  country  or state. Any legal action,  suit or proceeding arising  out of or relating  to this Agreement, or your use of the SDK must be instituted exclusively in the federal  or state courts located  in Baltimore, Maryland and in no other jurisdiction. You further  consent  to exclusive personal jurisdiction and venue in, and agree to service  of process  issued  or authorized by, any such court. This Agreement is personal to you, and you may not transfer,  assign  or delegate your right and/or  duties under this Agreement to anyone  else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent  a breach  of your obligations hereunder. The paragraph headings in this Agreement, shown in boldface type, are included only to help make this Agreement easier to read and have no binding  effect. Any delay or failure by us to exercise or enforce  any right or provision of this Agreement will not constitute a waiver  of such right or provision. No waiver  by us will have effect unless  such waiver  is set forth in writing,  signed  by us; nor will any such waiver  of any breach  or default  constitute a waiver  of any subsequent breach  or default.  This Agreement constitutes the complete and exclusive agreement between you and us with respect to the subject  matter  hereof,  and supersedes all prior oral or written  understandings, communications or agreements, other than your mobile  advertising agreement with Millennial Media.  If for any reason  a court of competent jurisdiction finds any provision of this Agreement, or portion  thereof,  to be unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties,  and the remainder of this Agreement will continue in full force and effect. YOU AND MILLENNIAL MEDIA AGREE  THAT ANY CAUSE  OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR MILLENNIAL MEDIA PLATFORM MUST COMMENCE WITHIN  ONE (1) YEAR AFTER  THE CAUSE  OF ACTION ACCRUES, OTHERWISE, SUCH  CAUSE  OF ACTION IS PERMANENTLY BARRED.
+
+
+
+
+
+
diff --git a/mediation/mediatedviews/libs/MMSDK/LICENSE.txt b/mediation/mediatedviews/libs/MMSDK/LICENSE.txt
new file mode 100644
index 000000000..746f78e32
--- /dev/null
+++ b/mediation/mediatedviews/libs/MMSDK/LICENSE.txt
@@ -0,0 +1 @@
+MOBILE APPLICATION SDK LICENSE AGREEMENT

PLEASE READ THIS CAREFULLY.  IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THIS SDK.

THIS MOBILE APPLICATION SDK LICENSE AGREEMENT (THIS "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN MILLENNIAL MEDIA, INC. (“MILLENNIAL MEDIA” OR “WE”) AND YOU INDIVIDUALLY IF YOU ARE AGREEING TO IT IN YOUR PERSONAL CAPACITY, OR IF YOU ARE AUTHORIZED TO DOWNLOAD THE SDK ON BEHALF OF YOUR COMPANY OR ORGANIZATION, BETWEEN THE ENTITY FOR WHOSE BENEFIT YOU ACT ("YOU"). MILLENNIAL MEDIA OWNS AND OPERATES THE MMEDIA WEBSITE (THE “SITE”) AND THE MMEDIA MOBILE PLATFORM SERVICE (THE “SERVICE”).

BY DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SDK, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT US AT DEVELOPER@MILLENNIALMEDIA.COM.

This Agreement governs your access to, and use of, (a) the object code version of the provided software and associated application programming interface for use with mobile applications, as well as any related materials, including installation tools, sample code, source code, software libraries and documentation and any error corrections, updates, or new releases that we elect, in our sole discretion, to make available to you (all such materials, collectively, the “SDK”) and (b) the Site and Service.   You acknowledge that the SDK may include third party software and may enable services provided by third parties.

1.	License. Subject to the terms and conditions of this Agreement, Millennial Media hereby grants you a non-exclusive, non-transferable, non-sublicenseable, royalty-free right and license to copy and use the SDK solely for the purpose of performance pursuant to your mobile advertising agreement with Millennial Media, in accordance with the documentation (the “Purpose”). You acknowledge and agree that you have no rights to any upgrades, modifications, enhancements or revisions that Millennial Media may make to the SDK. You agree that we have no obligation to provide any support or engineering assistance of any sort unless we otherwise agree in writing.  You acknowledge that we and our suppliers retain all right, title and interest in and to the original, and any copies, of the SDK and to the services enabled by the SDK.  

2.	Restrictions. You may not use the SDK to: (i) design or develop anything other than a mobile application consistent with the Purpose; (ii) make any more copies of the SDK than are reasonably necessary for your authorized use thereof; (iii) modify, create derivative works of, reverse engineer, reverse compile, or disassemble the SDK or any portion thereof; (iv) distribute, publish, sell, transfer, assign, lease, rent, lend, or sublicense either in whole or part the SDK to any third party except as may specifically be permitted in Section 3 herein; (v) redistribute any component of the SDK except as set forth in Section 3 herein, or (vi) remove or otherwise obfuscate any proprietary notices or labels from the SDK. You may not use the SDK except in accordance with applicable laws and regulations, nor may you export the SDK from and outside the United States of America except as permitted under the applicable laws and regulations of the United Sates of America. You may not use the SDK to defraud any third party or to distribute obscene or other unlawful materials or information. 

You may not use any of the services enabled by the SDK, or enable use of such services, to:  (a) submit any automated or recorded requests unless otherwise approved in writing by Millennial Media and its suppliers; (b) be used for commercial purposes; (c) access such services with software or means other than as specified in the SDK; (d) copy, reproduce, distribute, or in any other manner duplicate such services, in whole or in part; (e) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the SDK, in whole or in part; (f) modify, port, translate, or create derivative works of the SDK or such services; (g) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the SDK or such services by any means; (h) be used for purposes of comparison with or benchmarking against products or services made available by third parties; or (i) cause any part of the SDK to be placed in the public domain. 

Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the SDK or services enabled by the SDK are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner.  The use of such Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by Millennial Media and its suppliers with the user of the Trademarks, or (ii) an endorsement or approval by Company and its suppliers. 

3.	End Users and Mediators. You may distribute those components of the SDK that are expressly identified in the documentation as intended for distribution, solely as integrated in your application.  If any component of the SDK is distributed with your application, then you will ensure that any end-user obtaining access to such application will be subject to an end-user license agreement containing terms at least as protective of Millennial Media and the SDK as the terms set forth in this Agreement. 

If Millennial Media has authorized you (in writing) to distribute the SDK to others (i.e., you are a “mediator”): (a) you may distribute the SDK, solely as incorporated into your software development kit that you distribute to developers, and (b) you will ensure that any person to whom it is distributed is subject to a license agreement containing terms at least as protective of Millennial Media and the SDK as the terms set forth in this Agreement (including the requirements in this Section 3). 

4.	Copyright Notice. You must include all copyright and other proprietary rights notices that accompany the SDK in any copies that you produce.

5.	Proprietary Rights. Subject always to our ownership of the SDK, you will be the sole and exclusive owner of any software application developed using the SDK, excluding the SDK and any portions thereof.

6.	Feedback.   In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services, (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. 

7.	General Rules of Conduct.  You agree not to use the SDK in a manner that:

(a)	Conducts or promotes any illegal activities;
(b)	Uploads, distributes, posts, transmits or otherwise makes available, content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors in any way, or racially, ethnically or otherwise objectionable;
(c)	Uses the SDK in any manner which interferes with the performance or functionality of the APIs or the Millennial Media services;
(d)	Loads or transmits any form of virus, worm, Trojan horse, or other malicious code;
(e)	Promotes or advertises any item, good or service that (i) violates any applicable federal, state, or local law or regulation, or (ii) violates the terms of service of any website upon which the content is viewed;
(f)	Uses the SDK to generate unsolicited email advertisements or spam; or
(g)	Uses any automatic, electronic or manual process to access, search or harvest information from an individual.

8.	 Ownership. You understand and acknowledge that the software, code, proprietary methods and systems that make up the SDK are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to the SDK. If you are a U.S. Government end user, any of the components that constitute the SDK and its related documentation is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the SDK and any documentation provided with the SDK with only those rights set forth in this Agreement.

9.	Confidential Information. You will safeguard, protect, respect, and maintain as confidential the SDK, the underlying computer code to which you may obtain or receive access, and the functional or technical design, logic, or other internal routines or workings of the SDK, which are considered confidential and proprietary to Millennial Media.  You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such confidential information of Millennial Media in any manner.  These non-disclosure obligations shall survive termination or expiration of this Agreement.  

10.	Geographical Restrictions. We make no representation that all of the SDK is appropriate or available for use in locations outside the United States or all territories within the United States. If you choose to use the SDK, you do so on your own initiative and are responsible for compliance with local laws.

11.	Modification of the SDK. We reserve the right to modify or discontinue the SDK with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the SDK. If you object to any such changes, your sole recourse will be to cease use of the SDK. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SDK.

12.	Termination. You acknowledge and agree that we, at our sole discretion, may terminate your use of the SDK without prior notice for any reason at any time. You agree that we shall not be liable to You or any third party for termination of your access to the SDK. In the event of any termination, you will immediately cease use of the SDK.

13.	DISCLAIMERS. THE SDK AS WELL AS ALL SERVICES, SOFTWARE, MATERIALS, AND TECHNOLOGY PROVIDED IN CONNECTION WITH THIS AGREEMENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MILLENNIAL MEDIA, OUR OFFICERS, DIRECTORS, AGENTS, SUPPLIERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, QUIET ENJOYMENT, UN-INTERRUPTION, AND/OR SYSTEM INTEGRATION. MILLENNIAL MEDIA, OUR OFFICERS, DIRECTORS, AGENTS, SUPPLIERS, AND EMPLOYEES MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SDK, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, OR THAT THE SDK ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR FREE.

14.	LIMITATIONS OF LIABILITY AND CONTENT. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SDK IF YOU AGREE TO CERTAIN LIMITATIONS OF LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL MILLENNIAL MEDIA, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, SUPPLIERS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES OR LIKE DAMAGES, INCLUDING, LOST PROFITS, GOODWILL, LOST OPPORTUNITIES AND INTANGIBLE LOSSES, ARISING IN CONNECTION WITH THE SDK OR THESE TERMS, INCLUDING, FOR EXAMPLE AND CLARITY ONLY, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO USE THE SDK. THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT MILLENNIAL MEDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.	EXCLUSIVE REMEDY. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH ANY VIOLATION BY US OF THIS AGREEMENT IS TO DISCONTINUE USING THE SDK. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH ANY VIOLATION OF THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

16.	FORCE MAJUERE. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

17.	Indemnification. You agree to indemnify, defend and hold harmless Millennial Media, our officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (i) any Content you submit, post or transmit through the SDK, (ii) your use of the SDK, (iii) your violation of this Agreement, (iv) your violation of any rights of any other person or entity, or (v) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the SDK.

18.	Electronic Communications.  For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the SDK. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

19.	General Terms. You are responsible for compliance with all applicable laws. This Agreement and the relationship between you and Millennial Media will be governed by the laws of the State of Maryland, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to this Agreement, or your use of the SDK must be instituted exclusively in the federal or state courts located in Baltimore, Maryland and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. This Agreement is personal to you, and you may not transfer, assign or delegate your right and/or duties under this Agreement to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in this Agreement, shown in boldface type, are included only to help make this Agreement easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. This Agreement constitutes the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements, other than your mobile advertising agreement with Millennial Media. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. YOU AND MILLENNIAL MEDIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR MILLENNIAL MEDIA PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
\ No newline at end of file