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Software Development Kit License Agreement</p><br /><br> <p>IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS USER LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING LG SOFTWARE DEVELOPMENT KIT , INCLUDING ANY UPDATES THERETO AND ANY RELATED DOCUMENTATION (COLLECTIVELY, THE “SDK”, AS MORE PARTICULARLY DEFINED BELOW). LG ELECTRONICS, INC. (“LGE”) IS WILLING TO LICENSE THE SDK TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE USING THE SDK (“YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND LGE. BY CLICKING THE “I AGREE” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR BY DOWNLOADING, INSTALLING AND/OR USING THE SDK, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.</p><br /><br> <p>YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SDK AND MAY NOT ACCEPT THIS LICENSE AGREEMENT IF YOU ARE PROHIBITED FROM DOING SO BY APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO, THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE OR GAIN ACCESS TO THE SDK.</p><br /><br> <p>YOU CERTIFY TO LGE AND AGREE THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE (AT LEAST 18 YEARS OF AGE IN MANY COUNTRIES) AND HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON YOUR OWN BEHALF.</p><br /><br> <p>IF YOU ARE AGREEING TO BE BOUND BY THIS LICENSE AGREEMENT ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY, YOU REPRESENT AND WARRANT TO LGE THAT YOU HAVE THE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THIS LICENSE AGREEMENT. IF YOU DO NOT HAVE THE REQUISITE AUTHORITY, YOU MAY NOT ACCEPT THIS LICENSE AGREEMENT OR DOWNLOAD, INSTALL OR USE THE SDK ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY.</p><br /><br> <p>IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CLICK THE “CANCEL” OR “I DO NOT AGREE” BUTTON OR OTHERWISE INDICATE YOUR REFUSAL, AND DO NOT DOWNLOAD, INSTALL OR USE THE SDK.</p><br /><br> <p>1. Definitions.</p><br /><br> <p>“Affiliate” means, as used with respect to a Party, any corporation or entity worldwide that controls such Party, that such Party Controls, or that is under common Control with such Party.</p><br /><br> <p>“Application” means a software application and accompanying documentation developed and distributed by You or on your behalf and used on the LGE products, any Android devices or any Windows devices under your own trademark or brand.</p><br /><br> <p>“Authorized Users” means You and, as applicable, Your employees or independent contractors who develop an Application and who require access to the SDK on a need-to-know basis to perform such development.</p><br /><br> <p>“Confidential Information” means any information relating to or disclosed in connection with this License Agreement, which is or should be reasonably understood to be confidential or proprietary to the disclosing Party, including, but not limited to, information about users, technical processes and formulas, source codes, product designs, sales, cost and other unpublished financial information, product and business plans, projections, and marketing data. “Confidential Information” shall not include any of the following: (a) information that is or becomes part of the public domain without violation of the confidentiality obligations in this License Agreement by the receiving Party; (b) information that was known to or in the possession of the receiving Party on a non-confidential basis prior to the disclosure thereof by the disclosing Party to the receiving Party; (c) information that was developed independently by the receiving Party, without use of or reference to the Confidential Information; (d) information that is disclosed to the receiving Party by a third party under no obligation of confidentiality to the disclosing Party and without violation of the confidentiality obligations hereunder by the receiving Party.</p><br /><br> <p>“Control” means direct or indirect ownership of fifty percent (50%) or more of the common stock or other voting interests in an entity.</p><br /><br> <p>“Intellectual Property Rights” means any and all rights, title and interest throughout the world in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or other intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority.</p><br /><br> <p>“OSS” means open source software subject to licenses (e.g., GNU General Public License or GNU Lesser/Library GPL) that require as a condition of use, copying, modification or distribution, that such software (including modifications or derivate works derived therefrom) be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge.</p><br /><br> <p>“Party” means You or LGE respectively, and “Parties” means You and LGE collectively.</p><br /><br> <p>“SDK” means, collectively, any software code, documentation, information, instructions, tutorials, runtime environments, testing environments, tools, APIs, files or other materials or elements or related items of an LG software development kit for the development of Applications, including all Updates, if any, and Upgrades, if any, thereto. For avoidance of any doubt, SDK is LGE’s proprietary information and software is considered neither as open source nor in the public domain.</p><br /><br> <p>“Update” means minor modification of existing software to address bug and error problems by making improvements to the current version of the software (e.g., going from v. 2.3 to 2.4 or adding a software patch or bug fix that does not change the version number).</p><br /><br> <p>“Upgrade” means significant modification of existing software to include new features, functionalities and releases, creating a new version of the software (e.g., going from v. 2.3 to 3.0).</p><br /><br> <p>2. Grant of SDK License.</p><br /><br> <p>2.1 Subject to the terms and conditions of this License Agreement, and provided that You are in compliance with this License Agreement, LGE grants to You a limited, worldwide, revocable, royalty-free, non-exclusive, non-transferable and non-sublicensable right and license to access, download, install and use a reasonable number of copies of the SDK on computers or other devices owned or controlled by You, for the sole purpose of Your and, if applicable, any other Authorized Users’ development and test of Applications.</p><br /><br> <p>2.2 Without limitation of any other provision contained herein, You will be liable for all failures of any other Authorized Users to comply with the terms, conditions, requirements and limitations set forth in this License Agreement.</p><br /><br> <p>2.3 This License Agreement is a license of the SDK and not an assignment. You acknowledge and agree that, as between You and LGE, LGE owns the SDK, any Update or Upgrade thereto and all Intellectual Property Rights therein. LGE reserves all rights not expressly granted to You hereunder.</p><br /><br> <p>2.4 You acknowledge and agree that an Application must satisfy LGE’s technical standards before it can be tested on the relevant LGE product pursuant to LGE’s internal quality assessment process. LGE reserves the right to reject any Application at its sole discretion. LGE’s testing of an Application shall not be construed as LGE’s approval on the Application on any aspect. If a material change is made to the Application, You must submit the revised version for LGE’s approval.</p><br /><br> <p>2.5 Except to the extent required by applicable law or third party licenses, neither You nor any other Authorized User shall copy (except for back-up purposes), modify, adapt, redistribute, decompile, decrypt, disassemble or reverse engineer the SDK or create derivative works of the SDK or any part of the SDK. Except to the extent required by applicable third party licenses, neither You nor any other Authorized User may load any part of the SDK onto a mobile handset or any other hardware device except a personal computer, combine any part of the SDK with other software or distribute any software or device incorporating a part of the SDK. Neither You nor any other Authorized User shall (a) use the SDK in any manner that is not permitted pursuant to this License Agreement or by law; (b) use the SDK in any way that violates or infringes the rights of any third party; or (c) authorize or assist any third party to carry out any action which is prohibited by this Section 2.5. LG E shall have the right to implement technological measures intended to ensure Your compliance with these restrictions and to otherwise prevent against Intellectual Property Rights infringement of the SDK. This License Agreement does not entitle You to receive support, telephone assistance or enhancements or Updates or Upgrades to the SDK from LGE.</p><br /><br> <p>2.6 Use, reproduction and distribution of components of the SDK licensed under an OSS license, if any, are governed solely by the terms of that OSS license and not this License Agreement. Notwithstanding the foregoing, You shall ensure that Applications developed hereunder do not incorporate any OSS in a manner which would cause any non-OSS portions of the SDK to be subject to any OSS licensing requirements.</p><br /><br> <p>2.7 You agree that the form and nature of the SDK may change without prior notice to You and that future versions of the SDK may be incompatible with Applications developed on previous versions of the SDK. You agree that LGE may stop (permanently or temporarily) providing the SDK, or any features within the SDK to You or to users generally, at LGE’s sole discretion, without prior notice to You.</p><br /><br> <p>2.8 Nothing in this License Agreement gives You any right to use any of LGE’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.</p><br /><br> <p>2.9 You agree that You shall not remove, obscure or alter any copyright, trademark or other proprietary rights notices that may be affixed to or contained within the SDK.</p><br /><br> <p>2.10 To the extent that an Application developed by You using the SDK collects and processes the personal and non-personal information of Users, You shall:<br /><br /><br> (a) Comply with all applicable laws and regulations relating to data protection and privacy;<br /><br /><br> (b) Put in place a privacy policy that informs Users of the types of information that may be collected and the purposes for which this information is collected and processed;<br /><br /><br> (c) Provide a mechanism for obtaining User consent to the collection and processing of their information in accordance with the User’s privacy policy before the collection of any such information;<br /><br /><br> (d) Not collect any information from Users (whether personal or otherwise) unless the appropriate consents have been given;<br /><br /><br> (e) Only collect, access and use User’s information to the extent necessary for providing the application;<br /><br /><br> (f) Put in place appropriate technical and organizational safeguards to secure and protect User information; and<br /><br /><br> (g) Indemnify LGE against any claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or related to any breach by You of this section 2.10.<br /><br /><br> 2.11 Applications may be rejected if they contain content or materials of any kind(including, but not limited to, text, graphics, images, photographs, sounds, etc.) that LGE reasonably determines to be objectionable or inappropriate, for example, materials that may be considered obscene, pornographic of defamatory.<br /><br /><br> 2.12 You acknowledge and agree that the SDK is not designed, intended, or certified for use in components of systems or Application intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, medical or life-support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, or for any other dangerous Application in which the failure of the SDK could create a situation where personal injury or death may occur. You understand that use of the SDK in such Applications is fully at Your risk.<br /><br /><br> 2. 13 From time to time during the Term, LGE may provide You with test versions of the SDK. You acknowledge and agree that You must not rely on such test versions to perform with data that is not sufficiently backed up on a regular basis.<br /><br /><br> 3. Data Collection.</p><br /><br> <p>3.1 Any information and data that LGE may collect from You or any other Authorized User when using the SDK shall be maintained and used by LGE in accordance with its Privacy Policy (http://developer.lge.com/footer/footer/RetrievePrivacyInfo.dev).</p><br /><br> <p>4. Third Party Applications.</p><br /><br> <p>4.1 If You use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, You agree that LGE is not responsible for those applications, data, content or resources. You understand that all data, content or resources which You may access through such third party applications are the sole responsibility of the person or entity from which they originated and that LGE is not liable for any loss or damage that You may experience as a result of the use of or access to any of those third party applications, data, content or resources. You acknowledge that Your use of such third party applications, data, content or resources may be subject to a separate agreement between You and the relevant third party. In such case, this License Agreement shall not affect Your legal relationship with such third party(ies).</p><br /><br> <p>4.2 If the Application is distributed, licensed or otherwise offered under the white-labeling of a third party, LGE may object to such distribution if LGE reasonably believes that the distribution of the Application cause adverse effect on LGE’s business and upon such objection, You shall immediately cease to distribute the Application and discuss in good faith to find an alternative which will be beneficial to both Parties.</p><br /><br> <p>5. Termination.</p><br /><br> <p>5.1 This License Agreement shall remain in effect until terminated by You or LGE as set forth below.</p><br /><br> <p>5.2 If You want to terminate this License Agreement, You shall have the right to do so by ceasing Your use of the SDK.</p><br /><br> <p>5.3 LGE shall have the right to terminate this License Agreement at any time for any reason. This License Agreement shall automatically terminate if (a) You breach this License Agreement in any manner; (b) LGE is required by law to terminate this License Agreement; (c) the relationship between LGE and LGE’s partner with whom LGE offers certain components of the SDK to you is terminated or such partner has ceased to offer certain components of the SDK to You; (d) LGE publicly posts a written notice of termination on its web site; (e) LGE sends a written notice of termination to You; (f) LGE no longer provides the SDK or certain parts of the SDK to users in the country in which You are a resident or from which You access the SDK; or (g) The provision of the SDK to You by LGE is, in LGE’s sole discretion, no longer commercially viable.</p><br /><br> <p>5.4 Upon termination of this License Agreement, You shall (a) automatically cease to have any rights with respect to the SDK, and (b) immediately cease all use of the SDK and destroy all copies thereof that are in Your possession or control. All provisions of this License Agreement, except for the grant of license in Section 2.1 above, shall survive the termination of this License Agreement.</p><br /><br> <p>6. Changes to the License Agreement.</p><br /><br> <p>6.1 LGE may make changes to this License Agreement at any time, including when it distributes Upgrades of the SDK. When these changes are made, LGE shall make the new version of this License Agreement available on the LGE web site where the SDK is made available. You shall have the obligation to check the LGE web site from time to time to review any changes to this License Agreement. Unless otherwise specified, such changes shall be effective when they are posted. By using the SDK after the occurrence of any such changes to this License Agreement, You agree to the changes.</p><br /><br> <p>7. Additional Restrictions.</p><br /><br> <p>7.1 Without limiting any of the other restrictions contained in this License Agreement, You may not access, download, install, use, export or re-export the SDK in violation of export laws, regulations or restrictions, or in violation of any other applicable laws, regulations or restrictions. You agree to comply with all export and import laws, regulations and restrictions of all applicable agencies and authorities, and not to directly or indirectly use the SDK, or any part thereof, in violation of any such laws, regulations or restrictions, or without all necessary licenses and approvals. You also agree that You shall not use SDK for any purposes prohibited by law, regulations or restrictions of any government.</p><br /><br> <p>7.2 In addition, and without limiting any other provision contained herein, You shall not do any of the following with the SDK:</p><br /><br> <p>(a) Create or promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware or other malicious programs or code, counterfeit goods, hate materials or materials urging acts of terrorism or violence; or</p><br /><br> <p>(b) Operate nuclear facilities, life support or other mission critical application where human life or property may be at stake.</p><br /><br> <p>7.3 You shall not use LG fonts which may be contained in the SDK to create any application or content with any device that is not manufactured by LGE.</p><br /><br> <p>8. Indemnification.</p><br /><br> <p>8.1 Notwithstanding any other term of this License Agreement or any act or failure to act by LGE, to the maximum extent permitted by law, You agree to and shall indemnify, defend and hold harmless LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns (the “LGE Indemnified Party”) from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages costs and expenses (including attorneys’ fees) arising out of or related to (a) Your or any other Authorized User’s use of the SDK, (b) any Application You or any other Authorized User develops that infringes upon, violates or misappropriates the rights of any third party, including, without limitation, any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any third party; (c) Your violation of any law, rule or regulation, and/or (d) any non-compliance or breach by You of this License Agreement.</p><br /><br> <p>8.2 You acknowledge that the SDK is not intended to be used in the development of any Application where death, personal injury, or severe physical or environmental damage could result from errors or inaccuracies in the content, data or information provided by the Application or by Application failures. To the extent permitted by law, You agree to indemnify, defend and hold harmless each LGE Indemnified Party from any Losses incurred by LGE Indemnified Party as a result of Your use of the SDK in the development of any such Applications.</p><br /><br> <p>8.3 You shall not enter into a settlement with any third party that affects LGE’s rights or binds LGE in any way related to or arising from You or any Authorized User’s use of the SDK without the prior written consent of LGE.</p><br /><br> <p>9. Disclaimer of Warranties.</p><br /><br> <p>9.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOADING, INSTALLATION AND USE OF THE SDK IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SDK AND ANY RELATED SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SDK AND ANY RELATED SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF LGE HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, NON-INTERFERENCE, NON-INFRINGEMENT AND ACCURACY. WITHOUT LIMITING THE FOREGOING, LGE DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SDK WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SDK OR RELATED SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS GIVEN BY LGE OR AN AUTHORIZED REPRESENTATIVE OF LGE SHALL CREATE A WARRANTY UNLESS EXPRESSLY INCORPORATED WITHIN THIS LICENSE AGREEMENT.</p><br /><br> <p>10. Limitation of Liability.</p><br /><br> <p>10.1 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LGE OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY THROUGH YOU FOR PERSOANL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR FOR LOSS OF PROFIT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, IN EACH CASE REGARDLESS OF WHETHER LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. FURTHER, IN NO EVENT SHALL LGE BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A LOSS OF DATA OR FILES, BY A COMPUTER VIRUS OR OTHER MALICIOUS ATTACK, OR BY A MALFUNCTION OR DEFECT IN THE SDK.<br /><br /><br> 10.2 THE SDK LICENSED HEREUNDER IS NOT DESIGNED OR INTENDED FOR USE TO ENABLE THE DESIGN OF APPLICATIONS USED IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCELAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE SDK COULD LEAD TO PERSONAL INJURY OR DEATH OR FOR USE IN ANY SECURIT-RELATED USE CASES. YOUR UNDERSTSANDING, ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS LICENSE AGREEMENT ARE THE LEGAL BASIS AND CONSIDERATION FOR THE LICENSES GRANTED UNDER IT.<br /><br /><br> 10.3 FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE SDK, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHICH IS NOT COVERED BY THE ABOVE PROVISIONS, THE TOTAL LIABILITY TO LGE AND ITS AFFILIATES TO YOU IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SDK.</p><br /><br> <p>11. Exclusions and Limitations.</p><br /><br> <p>11.1 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT BE APPLICABLE TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF LGE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</p><br /><br> <p>12. Release and Waiver.</p><br /><br> <p>12.1 To the maximum extent permitted by applicable law, You hereby release and waive all claims against LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns of every kind and nature arising from or in any way related to Your or any other Authorized Users’ downloading, installing and/or use of the SDK. If You are a California resident, You waive Your rights under California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by the foregoing release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You waive and relinquish any and all similar rights and benefits which You may have under any other laws, to the fullest extent permitted by law.</p><br /><br> <p>13. Confidentiality.</p><br /><br> <p>13.1 You shall not, without the prior written consent of LGE obtained in each instance, disclose any Confidential Information of LGE to any person or entity; provided, however, that any disclosure by You of LGE’s Confidential Information as and to the extent required to comply with judicial or administrative process shall not be deemed a breach of this License Agreement.</p><br /><br> <p>14. Assignment.</p><br /><br> <p>14.1 You shall not have the right to assign this License Agreement or any of Your rights hereunder, or to delegate any of Your obligations hereunder, whether in whole or in part; and any assignment or delegation in contravention of this section 14.1 shall be deemed void. LGE shall have the right to assign this License Agreement and any and all of its rights hereunder, and to delegate any and all of its obligations hereunder, to any third party.</p><br /><br> <p>15 Governing Law</p><br /><br> <p>15.1 This License Agreement shall be governed by the laws of the Republic of Korea without regard to conflict of law principles. All disputes, controversies and disagreements between the Parties arising out of or related to this License Agreement shall be exclusively submitted for, and finally settled by, arbitration. The arbitration shall be conducted by three (3) arbitrators exclusively in Seoul, the Republic of Korea, in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board. The Parties waive any objection that might be made on the ground that such venue may be in an inconvenient forum. The award rendered by the arbitrators shall be final and binding upon the Parties. Notwithstanding the foregoing provisions of this Section 15.1, in the event You infringe upon or violate the intellectual property rights of LGE or breach any of Your confidentiality obligations hereunder, LGE shall have the right to seek immediate injunctive or other equitable relief (or an equivalent type of urgent legal relief) in a court of competent jurisdiction.</p><br /><br> <p>16. Miscellaneous.</p><br /><br> <p>16.1 This License Agreement sets forth the entire understanding and agreement of the Parties related to the subject matter hereof and supersedes any and all oral and/or written agreements and understandings between the Parties related to the subject matter hereof. If any provision hereof is held for any reason to be unenforceable by a court of competent jurisdiction, such holding will not affect the validity and enforceability of the remaining provisions hereof. The failure or delay of LGE to exercise any right under this License Agreement shall not be deemed a waiver of any such right and shall not prevent LGE from demanding full and exact compliance with this License Agreement. Section headings used in this License Agreement are for the purpose of convenience only and shall not have any legal significance in interpreting the provisions hereof.</p><br /><br> <p>Last Updated on: 13 Oct 2014<br /><br /><br>

I have read and agree with the above terms and conditions

Before downloading the SDK, you must agree to the terms and conditions. Please read the following terms and conditions carefully before processding

Software Development Kit License Agreement</p><br /><br> <p>IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS USER LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING LG SOFTWARE DEVELOPMENT KIT , INCLUDING ANY UPDATES THERETO AND ANY RELATED DOCUMENTATION (COLLECTIVELY, THE “SDK”, AS MORE PARTICULARLY DEFINED BELOW). LG ELECTRONICS, INC. (“LGE”) IS WILLING TO LICENSE THE SDK TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE USING THE SDK (“YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND LGE. BY CLICKING THE “I AGREE” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR BY DOWNLOADING, INSTALLING AND/OR USING THE SDK, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.</p><br /><br> <p>YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SDK AND MAY NOT ACCEPT THIS LICENSE AGREEMENT IF YOU ARE PROHIBITED FROM DOING SO BY APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO, THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE OR GAIN ACCESS TO THE SDK.</p><br /><br> <p>YOU CERTIFY TO LGE AND AGREE THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE (AT LEAST 18 YEARS OF AGE IN MANY COUNTRIES) AND HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON YOUR OWN BEHALF.</p><br /><br> <p>IF YOU ARE AGREEING TO BE BOUND BY THIS LICENSE AGREEMENT ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY, YOU REPRESENT AND WARRANT TO LGE THAT YOU HAVE THE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THIS LICENSE AGREEMENT. IF YOU DO NOT HAVE THE REQUISITE AUTHORITY, YOU MAY NOT ACCEPT THIS LICENSE AGREEMENT OR DOWNLOAD, INSTALL OR USE THE SDK ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY.</p><br /><br> <p>IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CLICK THE “CANCEL” OR “I DO NOT AGREE” BUTTON OR OTHERWISE INDICATE YOUR REFUSAL, AND DO NOT DOWNLOAD, INSTALL OR USE THE SDK.</p><br /><br> <p>1. Definitions.</p><br /><br> <p>“Affiliate” means, as used with respect to a Party, any corporation or entity worldwide that controls such Party, that such Party Controls, or that is under common Control with such Party.</p><br /><br> <p>“Application” means a software application and accompanying documentation developed and distributed by You or on your behalf and used on the LGE products, any Android devices or any Windows devices under your own trademark or brand.</p><br /><br> <p>“Authorized Users” means You and, as applicable, Your employees or independent contractors who develop an Application and who require access to the SDK on a need-to-know basis to perform such development.</p><br /><br> <p>“Confidential Information” means any information relating to or disclosed in connection with this License Agreement, which is or should be reasonably understood to be confidential or proprietary to the disclosing Party, including, but not limited to, information about users, technical processes and formulas, source codes, product designs, sales, cost and other unpublished financial information, product and business plans, projections, and marketing data. “Confidential Information” shall not include any of the following: (a) information that is or becomes part of the public domain without violation of the confidentiality obligations in this License Agreement by the receiving Party; (b) information that was known to or in the possession of the receiving Party on a non-confidential basis prior to the disclosure thereof by the disclosing Party to the receiving Party; (c) information that was developed independently by the receiving Party, without use of or reference to the Confidential Information; (d) information that is disclosed to the receiving Party by a third party under no obligation of confidentiality to the disclosing Party and without violation of the confidentiality obligations hereunder by the receiving Party.</p><br /><br> <p>“Control” means direct or indirect ownership of fifty percent (50%) or more of the common stock or other voting interests in an entity.</p><br /><br> <p>“Intellectual Property Rights” means any and all rights, title and interest throughout the world in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or other intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority.</p><br /><br> <p>“OSS” means open source software subject to licenses (e.g., GNU General Public License or GNU Lesser/Library GPL) that require as a condition of use, copying, modification or distribution, that such software (including modifications or derivate works derived therefrom) be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge.</p><br /><br> <p>“Party” means You or LGE respectively, and “Parties” means You and LGE collectively.</p><br /><br> <p>“SDK” means, collectively, any software code, documentation, information, instructions, tutorials, runtime environments, testing environments, tools, APIs, files or other materials or elements or related items of an LG software development kit for the development of Applications, including all Updates, if any, and Upgrades, if any, thereto. For avoidance of any doubt, SDK is LGE’s proprietary information and software is considered neither as open source nor in the public domain.</p><br /><br> <p>“Update” means minor modification of existing software to address bug and error problems by making improvements to the current version of the software (e.g., going from v. 2.3 to 2.4 or adding a software patch or bug fix that does not change the version number).</p><br /><br> <p>“Upgrade” means significant modification of existing software to include new features, functionalities and releases, creating a new version of the software (e.g., going from v. 2.3 to 3.0).</p><br /><br> <p>2. Grant of SDK License.</p><br /><br> <p>2.1 Subject to the terms and conditions of this License Agreement, and provided that You are in compliance with this License Agreement, LGE grants to You a limited, worldwide, revocable, royalty-free, non-exclusive, non-transferable and non-sublicensable right and license to access, download, install and use a reasonable number of copies of the SDK on computers or other devices owned or controlled by You, for the sole purpose of Your and, if applicable, any other Authorized Users’ development and test of Applications.</p><br /><br> <p>2.2 Without limitation of any other provision contained herein, You will be liable for all failures of any other Authorized Users to comply with the terms, conditions, requirements and limitations set forth in this License Agreement.</p><br /><br> <p>2.3 This License Agreement is a license of the SDK and not an assignment. You acknowledge and agree that, as between You and LGE, LGE owns the SDK, any Update or Upgrade thereto and all Intellectual Property Rights therein. LGE reserves all rights not expressly granted to You hereunder.</p><br /><br> <p>2.4 You acknowledge and agree that an Application must satisfy LGE’s technical standards before it can be tested on the relevant LGE product pursuant to LGE’s internal quality assessment process. LGE reserves the right to reject any Application at its sole discretion. LGE’s testing of an Application shall not be construed as LGE’s approval on the Application on any aspect. If a material change is made to the Application, You must submit the revised version for LGE’s approval.</p><br /><br> <p>2.5 Except to the extent required by applicable law or third party licenses, neither You nor any other Authorized User shall copy (except for back-up purposes), modify, adapt, redistribute, decompile, decrypt, disassemble or reverse engineer the SDK or create derivative works of the SDK or any part of the SDK. Except to the extent required by applicable third party licenses, neither You nor any other Authorized User may load any part of the SDK onto a mobile handset or any other hardware device except a personal computer, combine any part of the SDK with other software or distribute any software or device incorporating a part of the SDK. Neither You nor any other Authorized User shall (a) use the SDK in any manner that is not permitted pursuant to this License Agreement or by law; (b) use the SDK in any way that violates or infringes the rights of any third party; or (c) authorize or assist any third party to carry out any action which is prohibited by this Section 2.5. LG E shall have the right to implement technological measures intended to ensure Your compliance with these restrictions and to otherwise prevent against Intellectual Property Rights infringement of the SDK. This License Agreement does not entitle You to receive support, telephone assistance or enhancements or Updates or Upgrades to the SDK from LGE.</p><br /><br> <p>2.6 Use, reproduction and distribution of components of the SDK licensed under an OSS license, if any, are governed solely by the terms of that OSS license and not this License Agreement. Notwithstanding the foregoing, You shall ensure that Applications developed hereunder do not incorporate any OSS in a manner which would cause any non-OSS portions of the SDK to be subject to any OSS licensing requirements.</p><br /><br> <p>2.7 You agree that the form and nature of the SDK may change without prior notice to You and that future versions of the SDK may be incompatible with Applications developed on previous versions of the SDK. You agree that LGE may stop (permanently or temporarily) providing the SDK, or any features within the SDK to You or to users generally, at LGE’s sole discretion, without prior notice to You.</p><br /><br> <p>2.8 Nothing in this License Agreement gives You any right to use any of LGE’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.</p><br /><br> <p>2.9 You agree that You shall not remove, obscure or alter any copyright, trademark or other proprietary rights notices that may be affixed to or contained within the SDK.</p><br /><br> <p>2.10 To the extent that an Application developed by You using the SDK collects and processes the personal and non-personal information of Users, You shall:<br /><br /><br> (a) Comply with all applicable laws and regulations relating to data protection and privacy;<br /><br /><br> (b) Put in place a privacy policy that informs Users of the types of information that may be collected and the purposes for which this information is collected and processed;<br /><br /><br> (c) Provide a mechanism for obtaining User consent to the collection and processing of their information in accordance with the User’s privacy policy before the collection of any such information;<br /><br /><br> (d) Not collect any information from Users (whether personal or otherwise) unless the appropriate consents have been given;<br /><br /><br> (e) Only collect, access and use User’s information to the extent necessary for providing the application;<br /><br /><br> (f) Put in place appropriate technical and organizational safeguards to secure and protect User information; and<br /><br /><br> (g) Indemnify LGE against any claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or related to any breach by You of this section 2.10.<br /><br /><br> 2.11 Applications may be rejected if they contain content or materials of any kind(including, but not limited to, text, graphics, images, photographs, sounds, etc.) that LGE reasonably determines to be objectionable or inappropriate, for example, materials that may be considered obscene, pornographic of defamatory.<br /><br /><br> 2.12 You acknowledge and agree that the SDK is not designed, intended, or certified for use in components of systems or Application intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, medical or life-support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, or for any other dangerous Application in which the failure of the SDK could create a situation where personal injury or death may occur. You understand that use of the SDK in such Applications is fully at Your risk.<br /><br /><br> 2. 13 From time to time during the Term, LGE may provide You with test versions of the SDK. You acknowledge and agree that You must not rely on such test versions to perform with data that is not sufficiently backed up on a regular basis.<br /><br /><br> 3. Data Collection.</p><br /><br> <p>3.1 Any information and data that LGE may collect from You or any other Authorized User when using the SDK shall be maintained and used by LGE in accordance with its Privacy Policy (http://developer.lge.com/footer/footer/RetrievePrivacyInfo.dev).</p><br /><br> <p>4. Third Party Applications.</p><br /><br> <p>4.1 If You use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, You agree that LGE is not responsible for those applications, data, content or resources. You understand that all data, content or resources which You may access through such third party applications are the sole responsibility of the person or entity from which they originated and that LGE is not liable for any loss or damage that You may experience as a result of the use of or access to any of those third party applications, data, content or resources. You acknowledge that Your use of such third party applications, data, content or resources may be subject to a separate agreement between You and the relevant third party. In such case, this License Agreement shall not affect Your legal relationship with such third party(ies).</p><br /><br> <p>4.2 If the Application is distributed, licensed or otherwise offered under the white-labeling of a third party, LGE may object to such distribution if LGE reasonably believes that the distribution of the Application cause adverse effect on LGE’s business and upon such objection, You shall immediately cease to distribute the Application and discuss in good faith to find an alternative which will be beneficial to both Parties.</p><br /><br> <p>5. Termination.</p><br /><br> <p>5.1 This License Agreement shall remain in effect until terminated by You or LGE as set forth below.</p><br /><br> <p>5.2 If You want to terminate this License Agreement, You shall have the right to do so by ceasing Your use of the SDK.</p><br /><br> <p>5.3 LGE shall have the right to terminate this License Agreement at any time for any reason. This License Agreement shall automatically terminate if (a) You breach this License Agreement in any manner; (b) LGE is required by law to terminate this License Agreement; (c) the relationship between LGE and LGE’s partner with whom LGE offers certain components of the SDK to you is terminated or such partner has ceased to offer certain components of the SDK to You; (d) LGE publicly posts a written notice of termination on its web site; (e) LGE sends a written notice of termination to You; (f) LGE no longer provides the SDK or certain parts of the SDK to users in the country in which You are a resident or from which You access the SDK; or (g) The provision of the SDK to You by LGE is, in LGE’s sole discretion, no longer commercially viable.</p><br /><br> <p>5.4 Upon termination of this License Agreement, You shall (a) automatically cease to have any rights with respect to the SDK, and (b) immediately cease all use of the SDK and destroy all copies thereof that are in Your possession or control. All provisions of this License Agreement, except for the grant of license in Section 2.1 above, shall survive the termination of this License Agreement.</p><br /><br> <p>6. Changes to the License Agreement.</p><br /><br> <p>6.1 LGE may make changes to this License Agreement at any time, including when it distributes Upgrades of the SDK. When these changes are made, LGE shall make the new version of this License Agreement available on the LGE web site where the SDK is made available. You shall have the obligation to check the LGE web site from time to time to review any changes to this License Agreement. Unless otherwise specified, such changes shall be effective when they are posted. By using the SDK after the occurrence of any such changes to this License Agreement, You agree to the changes.</p><br /><br> <p>7. Additional Restrictions.</p><br /><br> <p>7.1 Without limiting any of the other restrictions contained in this License Agreement, You may not access, download, install, use, export or re-export the SDK in violation of export laws, regulations or restrictions, or in violation of any other applicable laws, regulations or restrictions. You agree to comply with all export and import laws, regulations and restrictions of all applicable agencies and authorities, and not to directly or indirectly use the SDK, or any part thereof, in violation of any such laws, regulations or restrictions, or without all necessary licenses and approvals. You also agree that You shall not use SDK for any purposes prohibited by law, regulations or restrictions of any government.</p><br /><br> <p>7.2 In addition, and without limiting any other provision contained herein, You shall not do any of the following with the SDK:</p><br /><br> <p>(a) Create or promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware or other malicious programs or code, counterfeit goods, hate materials or materials urging acts of terrorism or violence; or</p><br /><br> <p>(b) Operate nuclear facilities, life support or other mission critical application where human life or property may be at stake.</p><br /><br> <p>7.3 You shall not use LG fonts which may be contained in the SDK to create any application or content with any device that is not manufactured by LGE.</p><br /><br> <p>8. Indemnification.</p><br /><br> <p>8.1 Notwithstanding any other term of this License Agreement or any act or failure to act by LGE, to the maximum extent permitted by law, You agree to and shall indemnify, defend and hold harmless LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns (the “LGE Indemnified Party”) from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages costs and expenses (including attorneys’ fees) arising out of or related to (a) Your or any other Authorized User’s use of the SDK, (b) any Application You or any other Authorized User develops that infringes upon, violates or misappropriates the rights of any third party, including, without limitation, any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any third party; (c) Your violation of any law, rule or regulation, and/or (d) any non-compliance or breach by You of this License Agreement.</p><br /><br> <p>8.2 You acknowledge that the SDK is not intended to be used in the development of any Application where death, personal injury, or severe physical or environmental damage could result from errors or inaccuracies in the content, data or information provided by the Application or by Application failures. To the extent permitted by law, You agree to indemnify, defend and hold harmless each LGE Indemnified Party from any Losses incurred by LGE Indemnified Party as a result of Your use of the SDK in the development of any such Applications.</p><br /><br> <p>8.3 You shall not enter into a settlement with any third party that affects LGE’s rights or binds LGE in any way related to or arising from You or any Authorized User’s use of the SDK without the prior written consent of LGE.</p><br /><br> <p>9. Disclaimer of Warranties.</p><br /><br> <p>9.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOADING, INSTALLATION AND USE OF THE SDK IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SDK AND ANY RELATED SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SDK AND ANY RELATED SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF LGE HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, NON-INTERFERENCE, NON-INFRINGEMENT AND ACCURACY. WITHOUT LIMITING THE FOREGOING, LGE DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SDK WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SDK OR RELATED SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS GIVEN BY LGE OR AN AUTHORIZED REPRESENTATIVE OF LGE SHALL CREATE A WARRANTY UNLESS EXPRESSLY INCORPORATED WITHIN THIS LICENSE AGREEMENT.</p><br /><br> <p>10. Limitation of Liability.</p><br /><br> <p>10.1 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LGE OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY THROUGH YOU FOR PERSOANL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR FOR LOSS OF PROFIT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, IN EACH CASE REGARDLESS OF WHETHER LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. FURTHER, IN NO EVENT SHALL LGE BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A LOSS OF DATA OR FILES, BY A COMPUTER VIRUS OR OTHER MALICIOUS ATTACK, OR BY A MALFUNCTION OR DEFECT IN THE SDK.<br /><br /><br> 10.2 THE SDK LICENSED HEREUNDER IS NOT DESIGNED OR INTENDED FOR USE TO ENABLE THE DESIGN OF APPLICATIONS USED IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCELAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE SDK COULD LEAD TO PERSONAL INJURY OR DEATH OR FOR USE IN ANY SECURIT-RELATED USE CASES. YOUR UNDERSTSANDING, ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS LICENSE AGREEMENT ARE THE LEGAL BASIS AND CONSIDERATION FOR THE LICENSES GRANTED UNDER IT.<br /><br /><br> 10.3 FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE SDK, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHICH IS NOT COVERED BY THE ABOVE PROVISIONS, THE TOTAL LIABILITY TO LGE AND ITS AFFILIATES TO YOU IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SDK.</p><br /><br> <p>11. Exclusions and Limitations.</p><br /><br> <p>11.1 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT BE APPLICABLE TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF LGE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</p><br /><br> <p>12. Release and Waiver.</p><br /><br> <p>12.1 To the maximum extent permitted by applicable law, You hereby release and waive all claims against LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns of every kind and nature arising from or in any way related to Your or any other Authorized Users’ downloading, installing and/or use of the SDK. If You are a California resident, You waive Your rights under California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by the foregoing release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You waive and relinquish any and all similar rights and benefits which You may have under any other laws, to the fullest extent permitted by law.</p><br /><br> <p>13. Confidentiality.</p><br /><br> <p>13.1 You shall not, without the prior written consent of LGE obtained in each instance, disclose any Confidential Information of LGE to any person or entity; provided, however, that any disclosure by You of LGE’s Confidential Information as and to the extent required to comply with judicial or administrative process shall not be deemed a breach of this License Agreement.</p><br /><br> <p>14. Assignment.</p><br /><br> <p>14.1 You shall not have the right to assign this License Agreement or any of Your rights hereunder, or to delegate any of Your obligations hereunder, whether in whole or in part; and any assignment or delegation in contravention of this section 14.1 shall be deemed void. LGE shall have the right to assign this License Agreement and any and all of its rights hereunder, and to delegate any and all of its obligations hereunder, to any third party.</p><br /><br> <p>15 Governing Law</p><br /><br> <p>15.1 This License Agreement shall be governed by the laws of the Republic of Korea without regard to conflict of law principles. All disputes, controversies and disagreements between the Parties arising out of or related to this License Agreement shall be exclusively submitted for, and finally settled by, arbitration. The arbitration shall be conducted by three (3) arbitrators exclusively in Seoul, the Republic of Korea, in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board. The Parties waive any objection that might be made on the ground that such venue may be in an inconvenient forum. The award rendered by the arbitrators shall be final and binding upon the Parties. Notwithstanding the foregoing provisions of this Section 15.1, in the event You infringe upon or violate the intellectual property rights of LGE or breach any of Your confidentiality obligations hereunder, LGE shall have the right to seek immediate injunctive or other equitable relief (or an equivalent type of urgent legal relief) in a court of competent jurisdiction.</p><br /><br> <p>16. Miscellaneous.</p><br /><br> <p>16.1 This License Agreement sets forth the entire understanding and agreement of the Parties related to the subject matter hereof and supersedes any and all oral and/or written agreements and understandings between the Parties related to the subject matter hereof. If any provision hereof is held for any reason to be unenforceable by a court of competent jurisdiction, such holding will not affect the validity and enforceability of the remaining provisions hereof. The failure or delay of LGE to exercise any right under this License Agreement shall not be deemed a waiver of any such right and shall not prevent LGE from demanding full and exact compliance with this License Agreement. Section headings used in this License Agreement are for the purpose of convenience only and shall not have any legal significance in interpreting the provisions hereof.</p><br /><br> <p>Last Updated on: 13 Oct 2014<br /><br /><br>

I have read and agree with the above terms and conditions

Before downloading the SDK, you must agree to the terms and conditions. Please read the following terms and conditions carefully before processding

Software Development Kit License Agreement</p><br /><br> <p>IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS USER LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING LG SOFTWARE DEVELOPMENT KIT , INCLUDING ANY UPDATES THERETO AND ANY RELATED DOCUMENTATION (COLLECTIVELY, THE “SDK”, AS MORE PARTICULARLY DEFINED BELOW). LG ELECTRONICS, INC. (“LGE”) IS WILLING TO LICENSE THE SDK TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE USING THE SDK (“YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND LGE. BY CLICKING THE “I AGREE” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR BY DOWNLOADING, INSTALLING AND/OR USING THE SDK, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.</p><br /><br> <p>YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SDK AND MAY NOT ACCEPT THIS LICENSE AGREEMENT IF YOU ARE PROHIBITED FROM DOING SO BY APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO, THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE OR GAIN ACCESS TO THE SDK.</p><br /><br> <p>YOU CERTIFY TO LGE AND AGREE THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE (AT LEAST 18 YEARS OF AGE IN MANY COUNTRIES) AND HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON YOUR OWN BEHALF.</p><br /><br> <p>IF YOU ARE AGREEING TO BE BOUND BY THIS LICENSE AGREEMENT ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY, YOU REPRESENT AND WARRANT TO LGE THAT YOU HAVE THE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THIS LICENSE AGREEMENT. IF YOU DO NOT HAVE THE REQUISITE AUTHORITY, YOU MAY NOT ACCEPT THIS LICENSE AGREEMENT OR DOWNLOAD, INSTALL OR USE THE SDK ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY.</p><br /><br> <p>IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CLICK THE “CANCEL” OR “I DO NOT AGREE” BUTTON OR OTHERWISE INDICATE YOUR REFUSAL, AND DO NOT DOWNLOAD, INSTALL OR USE THE SDK.</p><br /><br> <p>1. Definitions.</p><br /><br> <p>“Affiliate” means, as used with respect to a Party, any corporation or entity worldwide that controls such Party, that such Party Controls, or that is under common Control with such Party.</p><br /><br> <p>“Application” means a software application and accompanying documentation developed and distributed by You or on your behalf and used on the LGE products, any Android devices or any Windows devices under your own trademark or brand.</p><br /><br> <p>“Authorized Users” means You and, as applicable, Your employees or independent contractors who develop an Application and who require access to the SDK on a need-to-know basis to perform such development.</p><br /><br> <p>“Confidential Information” means any information relating to or disclosed in connection with this License Agreement, which is or should be reasonably understood to be confidential or proprietary to the disclosing Party, including, but not limited to, information about users, technical processes and formulas, source codes, product designs, sales, cost and other unpublished financial information, product and business plans, projections, and marketing data. “Confidential Information” shall not include any of the following: (a) information that is or becomes part of the public domain without violation of the confidentiality obligations in this License Agreement by the receiving Party; (b) information that was known to or in the possession of the receiving Party on a non-confidential basis prior to the disclosure thereof by the disclosing Party to the receiving Party; (c) information that was developed independently by the receiving Party, without use of or reference to the Confidential Information; (d) information that is disclosed to the receiving Party by a third party under no obligation of confidentiality to the disclosing Party and without violation of the confidentiality obligations hereunder by the receiving Party.</p><br /><br> <p>“Control” means direct or indirect ownership of fifty percent (50%) or more of the common stock or other voting interests in an entity.</p><br /><br> <p>“Intellectual Property Rights” means any and all rights, title and interest throughout the world in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or other intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority.</p><br /><br> <p>“OSS” means open source software subject to licenses (e.g., GNU General Public License or GNU Lesser/Library GPL) that require as a condition of use, copying, modification or distribution, that such software (including modifications or derivate works derived therefrom) be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge.</p><br /><br> <p>“Party” means You or LGE respectively, and “Parties” means You and LGE collectively.</p><br /><br> <p>“SDK” means, collectively, any software code, documentation, information, instructions, tutorials, runtime environments, testing environments, tools, APIs, files or other materials or elements or related items of an LG software development kit for the development of Applications, including all Updates, if any, and Upgrades, if any, thereto. For avoidance of any doubt, SDK is LGE’s proprietary information and software is considered neither as open source nor in the public domain.</p><br /><br> <p>“Update” means minor modification of existing software to address bug and error problems by making improvements to the current version of the software (e.g., going from v. 2.3 to 2.4 or adding a software patch or bug fix that does not change the version number).</p><br /><br> <p>“Upgrade” means significant modification of existing software to include new features, functionalities and releases, creating a new version of the software (e.g., going from v. 2.3 to 3.0).</p><br /><br> <p>2. Grant of SDK License.</p><br /><br> <p>2.1 Subject to the terms and conditions of this License Agreement, and provided that You are in compliance with this License Agreement, LGE grants to You a limited, worldwide, revocable, royalty-free, non-exclusive, non-transferable and non-sublicensable right and license to access, download, install and use a reasonable number of copies of the SDK on computers or other devices owned or controlled by You, for the sole purpose of Your and, if applicable, any other Authorized Users’ development and test of Applications.</p><br /><br> <p>2.2 Without limitation of any other provision contained herein, You will be liable for all failures of any other Authorized Users to comply with the terms, conditions, requirements and limitations set forth in this License Agreement.</p><br /><br> <p>2.3 This License Agreement is a license of the SDK and not an assignment. You acknowledge and agree that, as between You and LGE, LGE owns the SDK, any Update or Upgrade thereto and all Intellectual Property Rights therein. LGE reserves all rights not expressly granted to You hereunder.</p><br /><br> <p>2.4 You acknowledge and agree that an Application must satisfy LGE’s technical standards before it can be tested on the relevant LGE product pursuant to LGE’s internal quality assessment process. LGE reserves the right to reject any Application at its sole discretion. LGE’s testing of an Application shall not be construed as LGE’s approval on the Application on any aspect. If a material change is made to the Application, You must submit the revised version for LGE’s approval.</p><br /><br> <p>2.5 Except to the extent required by applicable law or third party licenses, neither You nor any other Authorized User shall copy (except for back-up purposes), modify, adapt, redistribute, decompile, decrypt, disassemble or reverse engineer the SDK or create derivative works of the SDK or any part of the SDK. Except to the extent required by applicable third party licenses, neither You nor any other Authorized User may load any part of the SDK onto a mobile handset or any other hardware device except a personal computer, combine any part of the SDK with other software or distribute any software or device incorporating a part of the SDK. Neither You nor any other Authorized User shall (a) use the SDK in any manner that is not permitted pursuant to this License Agreement or by law; (b) use the SDK in any way that violates or infringes the rights of any third party; or (c) authorize or assist any third party to carry out any action which is prohibited by this Section 2.5. LG E shall have the right to implement technological measures intended to ensure Your compliance with these restrictions and to otherwise prevent against Intellectual Property Rights infringement of the SDK. This License Agreement does not entitle You to receive support, telephone assistance or enhancements or Updates or Upgrades to the SDK from LGE.</p><br /><br> <p>2.6 Use, reproduction and distribution of components of the SDK licensed under an OSS license, if any, are governed solely by the terms of that OSS license and not this License Agreement. Notwithstanding the foregoing, You shall ensure that Applications developed hereunder do not incorporate any OSS in a manner which would cause any non-OSS portions of the SDK to be subject to any OSS licensing requirements.</p><br /><br> <p>2.7 You agree that the form and nature of the SDK may change without prior notice to You and that future versions of the SDK may be incompatible with Applications developed on previous versions of the SDK. You agree that LGE may stop (permanently or temporarily) providing the SDK, or any features within the SDK to You or to users generally, at LGE’s sole discretion, without prior notice to You.</p><br /><br> <p>2.8 Nothing in this License Agreement gives You any right to use any of LGE’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.</p><br /><br> <p>2.9 You agree that You shall not remove, obscure or alter any copyright, trademark or other proprietary rights notices that may be affixed to or contained within the SDK.</p><br /><br> <p>2.10 To the extent that an Application developed by You using the SDK collects and processes the personal and non-personal information of Users, You shall:<br /><br /><br> (a) Comply with all applicable laws and regulations relating to data protection and privacy;<br /><br /><br> (b) Put in place a privacy policy that informs Users of the types of information that may be collected and the purposes for which this information is collected and processed;<br /><br /><br> (c) Provide a mechanism for obtaining User consent to the collection and processing of their information in accordance with the User’s privacy policy before the collection of any such information;<br /><br /><br> (d) Not collect any information from Users (whether personal or otherwise) unless the appropriate consents have been given;<br /><br /><br> (e) Only collect, access and use User’s information to the extent necessary for providing the application;<br /><br /><br> (f) Put in place appropriate technical and organizational safeguards to secure and protect User information; and<br /><br /><br> (g) Indemnify LGE against any claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or related to any breach by You of this section 2.10.<br /><br /><br> 2.11 Applications may be rejected if they contain content or materials of any kind(including, but not limited to, text, graphics, images, photographs, sounds, etc.) that LGE reasonably determines to be objectionable or inappropriate, for example, materials that may be considered obscene, pornographic of defamatory.<br /><br /><br> 2.12 You acknowledge and agree that the SDK is not designed, intended, or certified for use in components of systems or Application intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, medical or life-support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, or for any other dangerous Application in which the failure of the SDK could create a situation where personal injury or death may occur. You understand that use of the SDK in such Applications is fully at Your risk.<br /><br /><br> 2. 13 From time to time during the Term, LGE may provide You with test versions of the SDK. You acknowledge and agree that You must not rely on such test versions to perform with data that is not sufficiently backed up on a regular basis.<br /><br /><br> 3. Data Collection.</p><br /><br> <p>3.1 Any information and data that LGE may collect from You or any other Authorized User when using the SDK shall be maintained and used by LGE in accordance with its Privacy Policy (http://developer.lge.com/footer/footer/RetrievePrivacyInfo.dev).</p><br /><br> <p>4. Third Party Applications.</p><br /><br> <p>4.1 If You use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, You agree that LGE is not responsible for those applications, data, content or resources. You understand that all data, content or resources which You may access through such third party applications are the sole responsibility of the person or entity from which they originated and that LGE is not liable for any loss or damage that You may experience as a result of the use of or access to any of those third party applications, data, content or resources. You acknowledge that Your use of such third party applications, data, content or resources may be subject to a separate agreement between You and the relevant third party. In such case, this License Agreement shall not affect Your legal relationship with such third party(ies).</p><br /><br> <p>4.2 If the Application is distributed, licensed or otherwise offered under the white-labeling of a third party, LGE may object to such distribution if LGE reasonably believes that the distribution of the Application cause adverse effect on LGE’s business and upon such objection, You shall immediately cease to distribute the Application and discuss in good faith to find an alternative which will be beneficial to both Parties.</p><br /><br> <p>5. Termination.</p><br /><br> <p>5.1 This License Agreement shall remain in effect until terminated by You or LGE as set forth below.</p><br /><br> <p>5.2 If You want to terminate this License Agreement, You shall have the right to do so by ceasing Your use of the SDK.</p><br /><br> <p>5.3 LGE shall have the right to terminate this License Agreement at any time for any reason. This License Agreement shall automatically terminate if (a) You breach this License Agreement in any manner; (b) LGE is required by law to terminate this License Agreement; (c) the relationship between LGE and LGE’s partner with whom LGE offers certain components of the SDK to you is terminated or such partner has ceased to offer certain components of the SDK to You; (d) LGE publicly posts a written notice of termination on its web site; (e) LGE sends a written notice of termination to You; (f) LGE no longer provides the SDK or certain parts of the SDK to users in the country in which You are a resident or from which You access the SDK; or (g) The provision of the SDK to You by LGE is, in LGE’s sole discretion, no longer commercially viable.</p><br /><br> <p>5.4 Upon termination of this License Agreement, You shall (a) automatically cease to have any rights with respect to the SDK, and (b) immediately cease all use of the SDK and destroy all copies thereof that are in Your possession or control. All provisions of this License Agreement, except for the grant of license in Section 2.1 above, shall survive the termination of this License Agreement.</p><br /><br> <p>6. Changes to the License Agreement.</p><br /><br> <p>6.1 LGE may make changes to this License Agreement at any time, including when it distributes Upgrades of the SDK. When these changes are made, LGE shall make the new version of this License Agreement available on the LGE web site where the SDK is made available. You shall have the obligation to check the LGE web site from time to time to review any changes to this License Agreement. Unless otherwise specified, such changes shall be effective when they are posted. By using the SDK after the occurrence of any such changes to this License Agreement, You agree to the changes.</p><br /><br> <p>7. Additional Restrictions.</p><br /><br> <p>7.1 Without limiting any of the other restrictions contained in this License Agreement, You may not access, download, install, use, export or re-export the SDK in violation of export laws, regulations or restrictions, or in violation of any other applicable laws, regulations or restrictions. You agree to comply with all export and import laws, regulations and restrictions of all applicable agencies and authorities, and not to directly or indirectly use the SDK, or any part thereof, in violation of any such laws, regulations or restrictions, or without all necessary licenses and approvals. You also agree that You shall not use SDK for any purposes prohibited by law, regulations or restrictions of any government.</p><br /><br> <p>7.2 In addition, and without limiting any other provision contained herein, You shall not do any of the following with the SDK:</p><br /><br> <p>(a) Create or promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware or other malicious programs or code, counterfeit goods, hate materials or materials urging acts of terrorism or violence; or</p><br /><br> <p>(b) Operate nuclear facilities, life support or other mission critical application where human life or property may be at stake.</p><br /><br> <p>7.3 You shall not use LG fonts which may be contained in the SDK to create any application or content with any device that is not manufactured by LGE.</p><br /><br> <p>8. Indemnification.</p><br /><br> <p>8.1 Notwithstanding any other term of this License Agreement or any act or failure to act by LGE, to the maximum extent permitted by law, You agree to and shall indemnify, defend and hold harmless LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns (the “LGE Indemnified Party”) from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages costs and expenses (including attorneys’ fees) arising out of or related to (a) Your or any other Authorized User’s use of the SDK, (b) any Application You or any other Authorized User develops that infringes upon, violates or misappropriates the rights of any third party, including, without limitation, any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any third party; (c) Your violation of any law, rule or regulation, and/or (d) any non-compliance or breach by You of this License Agreement.</p><br /><br> <p>8.2 You acknowledge that the SDK is not intended to be used in the development of any Application where death, personal injury, or severe physical or environmental damage could result from errors or inaccuracies in the content, data or information provided by the Application or by Application failures. To the extent permitted by law, You agree to indemnify, defend and hold harmless each LGE Indemnified Party from any Losses incurred by LGE Indemnified Party as a result of Your use of the SDK in the development of any such Applications.</p><br /><br> <p>8.3 You shall not enter into a settlement with any third party that affects LGE’s rights or binds LGE in any way related to or arising from You or any Authorized User’s use of the SDK without the prior written consent of LGE.</p><br /><br> <p>9. Disclaimer of Warranties.</p><br /><br> <p>9.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOADING, INSTALLATION AND USE OF THE SDK IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SDK AND ANY RELATED SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SDK AND ANY RELATED SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF LGE HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, NON-INTERFERENCE, NON-INFRINGEMENT AND ACCURACY. WITHOUT LIMITING THE FOREGOING, LGE DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SDK WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SDK OR RELATED SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS GIVEN BY LGE OR AN AUTHORIZED REPRESENTATIVE OF LGE SHALL CREATE A WARRANTY UNLESS EXPRESSLY INCORPORATED WITHIN THIS LICENSE AGREEMENT.</p><br /><br> <p>10. Limitation of Liability.</p><br /><br> <p>10.1 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LGE OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY THROUGH YOU FOR PERSOANL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR FOR LOSS OF PROFIT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, IN EACH CASE REGARDLESS OF WHETHER LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. FURTHER, IN NO EVENT SHALL LGE BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A LOSS OF DATA OR FILES, BY A COMPUTER VIRUS OR OTHER MALICIOUS ATTACK, OR BY A MALFUNCTION OR DEFECT IN THE SDK.<br /><br /><br> 10.2 THE SDK LICENSED HEREUNDER IS NOT DESIGNED OR INTENDED FOR USE TO ENABLE THE DESIGN OF APPLICATIONS USED IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCELAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE SDK COULD LEAD TO PERSONAL INJURY OR DEATH OR FOR USE IN ANY SECURIT-RELATED USE CASES. YOUR UNDERSTSANDING, ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS LICENSE AGREEMENT ARE THE LEGAL BASIS AND CONSIDERATION FOR THE LICENSES GRANTED UNDER IT.<br /><br /><br> 10.3 FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE SDK, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHICH IS NOT COVERED BY THE ABOVE PROVISIONS, THE TOTAL LIABILITY TO LGE AND ITS AFFILIATES TO YOU IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SDK.</p><br /><br> <p>11. Exclusions and Limitations.</p><br /><br> <p>11.1 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT BE APPLICABLE TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF LGE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</p><br /><br> <p>12. Release and Waiver.</p><br /><br> <p>12.1 To the maximum extent permitted by applicable law, You hereby release and waive all claims against LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns of every kind and nature arising from or in any way related to Your or any other Authorized Users’ downloading, installing and/or use of the SDK. If You are a California resident, You waive Your rights under California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by the foregoing release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You waive and relinquish any and all similar rights and benefits which You may have under any other laws, to the fullest extent permitted by law.</p><br /><br> <p>13. Confidentiality.</p><br /><br> <p>13.1 You shall not, without the prior written consent of LGE obtained in each instance, disclose any Confidential Information of LGE to any person or entity; provided, however, that any disclosure by You of LGE’s Confidential Information as and to the extent required to comply with judicial or administrative process shall not be deemed a breach of this License Agreement.</p><br /><br> <p>14. Assignment.</p><br /><br> <p>14.1 You shall not have the right to assign this License Agreement or any of Your rights hereunder, or to delegate any of Your obligations hereunder, whether in whole or in part; and any assignment or delegation in contravention of this section 14.1 shall be deemed void. LGE shall have the right to assign this License Agreement and any and all of its rights hereunder, and to delegate any and all of its obligations hereunder, to any third party.</p><br /><br> <p>15 Governing Law</p><br /><br> <p>15.1 This License Agreement shall be governed by the laws of the Republic of Korea without regard to conflict of law principles. All disputes, controversies and disagreements between the Parties arising out of or related to this License Agreement shall be exclusively submitted for, and finally settled by, arbitration. The arbitration shall be conducted by three (3) arbitrators exclusively in Seoul, the Republic of Korea, in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board. The Parties waive any objection that might be made on the ground that such venue may be in an inconvenient forum. The award rendered by the arbitrators shall be final and binding upon the Parties. Notwithstanding the foregoing provisions of this Section 15.1, in the event You infringe upon or violate the intellectual property rights of LGE or breach any of Your confidentiality obligations hereunder, LGE shall have the right to seek immediate injunctive or other equitable relief (or an equivalent type of urgent legal relief) in a court of competent jurisdiction.</p><br /><br> <p>16. Miscellaneous.</p><br /><br> <p>16.1 This License Agreement sets forth the entire understanding and agreement of the Parties related to the subject matter hereof and supersedes any and all oral and/or written agreements and understandings between the Parties related to the subject matter hereof. If any provision hereof is held for any reason to be unenforceable by a court of competent jurisdiction, such holding will not affect the validity and enforceability of the remaining provisions hereof. The failure or delay of LGE to exercise any right under this License Agreement shall not be deemed a waiver of any such right and shall not prevent LGE from demanding full and exact compliance with this License Agreement. Section headings used in this License Agreement are for the purpose of convenience only and shall not have any legal significance in interpreting the provisions hereof.</p><br /><br> <p>Last Updated on: 13 Oct 2014<br /><br /><br>

I have read and agree with the above terms and conditions

Before downloading the SDK, you must agree to the terms and conditions. Please read the following terms and conditions carefully before processding

Software Development Kit License Agreement</p><br /><br> <p>IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS USER LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING LG SOFTWARE DEVELOPMENT KIT , INCLUDING ANY UPDATES THERETO AND ANY RELATED DOCUMENTATION (COLLECTIVELY, THE “SDK”, AS MORE PARTICULARLY DEFINED BELOW). LG ELECTRONICS, INC. (“LGE”) IS WILLING TO LICENSE THE SDK TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE USING THE SDK (“YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND LGE. BY CLICKING THE “I AGREE” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR BY DOWNLOADING, INSTALLING AND/OR USING THE SDK, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.</p><br /><br> <p>YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SDK AND MAY NOT ACCEPT THIS LICENSE AGREEMENT IF YOU ARE PROHIBITED FROM DOING SO BY APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO, THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE OR GAIN ACCESS TO THE SDK.</p><br /><br> <p>YOU CERTIFY TO LGE AND AGREE THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE (AT LEAST 18 YEARS OF AGE IN MANY COUNTRIES) AND HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON YOUR OWN BEHALF.</p><br /><br> <p>IF YOU ARE AGREEING TO BE BOUND BY THIS LICENSE AGREEMENT ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY, YOU REPRESENT AND WARRANT TO LGE THAT YOU HAVE THE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THIS LICENSE AGREEMENT. IF YOU DO NOT HAVE THE REQUISITE AUTHORITY, YOU MAY NOT ACCEPT THIS LICENSE AGREEMENT OR DOWNLOAD, INSTALL OR USE THE SDK ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY.</p><br /><br> <p>IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CLICK THE “CANCEL” OR “I DO NOT AGREE” BUTTON OR OTHERWISE INDICATE YOUR REFUSAL, AND DO NOT DOWNLOAD, INSTALL OR USE THE SDK.</p><br /><br> <p>1. Definitions.</p><br /><br> <p>“Affiliate” means, as used with respect to a Party, any corporation or entity worldwide that controls such Party, that such Party Controls, or that is under common Control with such Party.</p><br /><br> <p>“Application” means a software application and accompanying documentation developed and distributed by You or on your behalf and used on the LGE products, any Android devices or any Windows devices under your own trademark or brand.</p><br /><br> <p>“Authorized Users” means You and, as applicable, Your employees or independent contractors who develop an Application and who require access to the SDK on a need-to-know basis to perform such development.</p><br /><br> <p>“Confidential Information” means any information relating to or disclosed in connection with this License Agreement, which is or should be reasonably understood to be confidential or proprietary to the disclosing Party, including, but not limited to, information about users, technical processes and formulas, source codes, product designs, sales, cost and other unpublished financial information, product and business plans, projections, and marketing data. “Confidential Information” shall not include any of the following: (a) information that is or becomes part of the public domain without violation of the confidentiality obligations in this License Agreement by the receiving Party; (b) information that was known to or in the possession of the receiving Party on a non-confidential basis prior to the disclosure thereof by the disclosing Party to the receiving Party; (c) information that was developed independently by the receiving Party, without use of or reference to the Confidential Information; (d) information that is disclosed to the receiving Party by a third party under no obligation of confidentiality to the disclosing Party and without violation of the confidentiality obligations hereunder by the receiving Party.</p><br /><br> <p>“Control” means direct or indirect ownership of fifty percent (50%) or more of the common stock or other voting interests in an entity.</p><br /><br> <p>“Intellectual Property Rights” means any and all rights, title and interest throughout the world in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or other intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority.</p><br /><br> <p>“OSS” means open source software subject to licenses (e.g., GNU General Public License or GNU Lesser/Library GPL) that require as a condition of use, copying, modification or distribution, that such software (including modifications or derivate works derived therefrom) be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge.</p><br /><br> <p>“Party” means You or LGE respectively, and “Parties” means You and LGE collectively.</p><br /><br> <p>“SDK” means, collectively, any software code, documentation, information, instructions, tutorials, runtime environments, testing environments, tools, APIs, files or other materials or elements or related items of an LG software development kit for the development of Applications, including all Updates, if any, and Upgrades, if any, thereto. For avoidance of any doubt, SDK is LGE’s proprietary information and software is considered neither as open source nor in the public domain.</p><br /><br> <p>“Update” means minor modification of existing software to address bug and error problems by making improvements to the current version of the software (e.g., going from v. 2.3 to 2.4 or adding a software patch or bug fix that does not change the version number).</p><br /><br> <p>“Upgrade” means significant modification of existing software to include new features, functionalities and releases, creating a new version of the software (e.g., going from v. 2.3 to 3.0).</p><br /><br> <p>2. Grant of SDK License.</p><br /><br> <p>2.1 Subject to the terms and conditions of this License Agreement, and provided that You are in compliance with this License Agreement, LGE grants to You a limited, worldwide, revocable, royalty-free, non-exclusive, non-transferable and non-sublicensable right and license to access, download, install and use a reasonable number of copies of the SDK on computers or other devices owned or controlled by You, for the sole purpose of Your and, if applicable, any other Authorized Users’ development and test of Applications.</p><br /><br> <p>2.2 Without limitation of any other provision contained herein, You will be liable for all failures of any other Authorized Users to comply with the terms, conditions, requirements and limitations set forth in this License Agreement.</p><br /><br> <p>2.3 This License Agreement is a license of the SDK and not an assignment. You acknowledge and agree that, as between You and LGE, LGE owns the SDK, any Update or Upgrade thereto and all Intellectual Property Rights therein. LGE reserves all rights not expressly granted to You hereunder.</p><br /><br> <p>2.4 You acknowledge and agree that an Application must satisfy LGE’s technical standards before it can be tested on the relevant LGE product pursuant to LGE’s internal quality assessment process. LGE reserves the right to reject any Application at its sole discretion. LGE’s testing of an Application shall not be construed as LGE’s approval on the Application on any aspect. If a material change is made to the Application, You must submit the revised version for LGE’s approval.</p><br /><br> <p>2.5 Except to the extent required by applicable law or third party licenses, neither You nor any other Authorized User shall copy (except for back-up purposes), modify, adapt, redistribute, decompile, decrypt, disassemble or reverse engineer the SDK or create derivative works of the SDK or any part of the SDK. Except to the extent required by applicable third party licenses, neither You nor any other Authorized User may load any part of the SDK onto a mobile handset or any other hardware device except a personal computer, combine any part of the SDK with other software or distribute any software or device incorporating a part of the SDK. Neither You nor any other Authorized User shall (a) use the SDK in any manner that is not permitted pursuant to this License Agreement or by law; (b) use the SDK in any way that violates or infringes the rights of any third party; or (c) authorize or assist any third party to carry out any action which is prohibited by this Section 2.5. LG E shall have the right to implement technological measures intended to ensure Your compliance with these restrictions and to otherwise prevent against Intellectual Property Rights infringement of the SDK. This License Agreement does not entitle You to receive support, telephone assistance or enhancements or Updates or Upgrades to the SDK from LGE.</p><br /><br> <p>2.6 Use, reproduction and distribution of components of the SDK licensed under an OSS license, if any, are governed solely by the terms of that OSS license and not this License Agreement. Notwithstanding the foregoing, You shall ensure that Applications developed hereunder do not incorporate any OSS in a manner which would cause any non-OSS portions of the SDK to be subject to any OSS licensing requirements.</p><br /><br> <p>2.7 You agree that the form and nature of the SDK may change without prior notice to You and that future versions of the SDK may be incompatible with Applications developed on previous versions of the SDK. You agree that LGE may stop (permanently or temporarily) providing the SDK, or any features within the SDK to You or to users generally, at LGE’s sole discretion, without prior notice to You.</p><br /><br> <p>2.8 Nothing in this License Agreement gives You any right to use any of LGE’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.</p><br /><br> <p>2.9 You agree that You shall not remove, obscure or alter any copyright, trademark or other proprietary rights notices that may be affixed to or contained within the SDK.</p><br /><br> <p>2.10 To the extent that an Application developed by You using the SDK collects and processes the personal and non-personal information of Users, You shall:<br /><br /><br> (a) Comply with all applicable laws and regulations relating to data protection and privacy;<br /><br /><br> (b) Put in place a privacy policy that informs Users of the types of information that may be collected and the purposes for which this information is collected and processed;<br /><br /><br> (c) Provide a mechanism for obtaining User consent to the collection and processing of their information in accordance with the User’s privacy policy before the collection of any such information;<br /><br /><br> (d) Not collect any information from Users (whether personal or otherwise) unless the appropriate consents have been given;<br /><br /><br> (e) Only collect, access and use User’s information to the extent necessary for providing the application;<br /><br /><br> (f) Put in place appropriate technical and organizational safeguards to secure and protect User information; and<br /><br /><br> (g) Indemnify LGE against any claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or related to any breach by You of this section 2.10.<br /><br /><br> 2.11 Applications may be rejected if they contain content or materials of any kind(including, but not limited to, text, graphics, images, photographs, sounds, etc.) that LGE reasonably determines to be objectionable or inappropriate, for example, materials that may be considered obscene, pornographic of defamatory.<br /><br /><br> 2.12 You acknowledge and agree that the SDK is not designed, intended, or certified for use in components of systems or Application intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, medical or life-support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, or for any other dangerous Application in which the failure of the SDK could create a situation where personal injury or death may occur. You understand that use of the SDK in such Applications is fully at Your risk.<br /><br /><br> 2. 13 From time to time during the Term, LGE may provide You with test versions of the SDK. You acknowledge and agree that You must not rely on such test versions to perform with data that is not sufficiently backed up on a regular basis.<br /><br /><br> 3. Data Collection.</p><br /><br> <p>3.1 Any information and data that LGE may collect from You or any other Authorized User when using the SDK shall be maintained and used by LGE in accordance with its Privacy Policy (http://developer.lge.com/footer/footer/RetrievePrivacyInfo.dev).</p><br /><br> <p>4. Third Party Applications.</p><br /><br> <p>4.1 If You use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, You agree that LGE is not responsible for those applications, data, content or resources. You understand that all data, content or resources which You may access through such third party applications are the sole responsibility of the person or entity from which they originated and that LGE is not liable for any loss or damage that You may experience as a result of the use of or access to any of those third party applications, data, content or resources. You acknowledge that Your use of such third party applications, data, content or resources may be subject to a separate agreement between You and the relevant third party. In such case, this License Agreement shall not affect Your legal relationship with such third party(ies).</p><br /><br> <p>4.2 If the Application is distributed, licensed or otherwise offered under the white-labeling of a third party, LGE may object to such distribution if LGE reasonably believes that the distribution of the Application cause adverse effect on LGE’s business and upon such objection, You shall immediately cease to distribute the Application and discuss in good faith to find an alternative which will be beneficial to both Parties.</p><br /><br> <p>5. Termination.</p><br /><br> <p>5.1 This License Agreement shall remain in effect until terminated by You or LGE as set forth below.</p><br /><br> <p>5.2 If You want to terminate this License Agreement, You shall have the right to do so by ceasing Your use of the SDK.</p><br /><br> <p>5.3 LGE shall have the right to terminate this License Agreement at any time for any reason. This License Agreement shall automatically terminate if (a) You breach this License Agreement in any manner; (b) LGE is required by law to terminate this License Agreement; (c) the relationship between LGE and LGE’s partner with whom LGE offers certain components of the SDK to you is terminated or such partner has ceased to offer certain components of the SDK to You; (d) LGE publicly posts a written notice of termination on its web site; (e) LGE sends a written notice of termination to You; (f) LGE no longer provides the SDK or certain parts of the SDK to users in the country in which You are a resident or from which You access the SDK; or (g) The provision of the SDK to You by LGE is, in LGE’s sole discretion, no longer commercially viable.</p><br /><br> <p>5.4 Upon termination of this License Agreement, You shall (a) automatically cease to have any rights with respect to the SDK, and (b) immediately cease all use of the SDK and destroy all copies thereof that are in Your possession or control. All provisions of this License Agreement, except for the grant of license in Section 2.1 above, shall survive the termination of this License Agreement.</p><br /><br> <p>6. Changes to the License Agreement.</p><br /><br> <p>6.1 LGE may make changes to this License Agreement at any time, including when it distributes Upgrades of the SDK. When these changes are made, LGE shall make the new version of this License Agreement available on the LGE web site where the SDK is made available. You shall have the obligation to check the LGE web site from time to time to review any changes to this License Agreement. Unless otherwise specified, such changes shall be effective when they are posted. By using the SDK after the occurrence of any such changes to this License Agreement, You agree to the changes.</p><br /><br> <p>7. Additional Restrictions.</p><br /><br> <p>7.1 Without limiting any of the other restrictions contained in this License Agreement, You may not access, download, install, use, export or re-export the SDK in violation of export laws, regulations or restrictions, or in violation of any other applicable laws, regulations or restrictions. You agree to comply with all export and import laws, regulations and restrictions of all applicable agencies and authorities, and not to directly or indirectly use the SDK, or any part thereof, in violation of any such laws, regulations or restrictions, or without all necessary licenses and approvals. You also agree that You shall not use SDK for any purposes prohibited by law, regulations or restrictions of any government.</p><br /><br> <p>7.2 In addition, and without limiting any other provision contained herein, You shall not do any of the following with the SDK:</p><br /><br> <p>(a) Create or promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware or other malicious programs or code, counterfeit goods, hate materials or materials urging acts of terrorism or violence; or</p><br /><br> <p>(b) Operate nuclear facilities, life support or other mission critical application where human life or property may be at stake.</p><br /><br> <p>7.3 You shall not use LG fonts which may be contained in the SDK to create any application or content with any device that is not manufactured by LGE.</p><br /><br> <p>8. Indemnification.</p><br /><br> <p>8.1 Notwithstanding any other term of this License Agreement or any act or failure to act by LGE, to the maximum extent permitted by law, You agree to and shall indemnify, defend and hold harmless LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns (the “LGE Indemnified Party”) from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages costs and expenses (including attorneys’ fees) arising out of or related to (a) Your or any other Authorized User’s use of the SDK, (b) any Application You or any other Authorized User develops that infringes upon, violates or misappropriates the rights of any third party, including, without limitation, any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any third party; (c) Your violation of any law, rule or regulation, and/or (d) any non-compliance or breach by You of this License Agreement.</p><br /><br> <p>8.2 You acknowledge that the SDK is not intended to be used in the development of any Application where death, personal injury, or severe physical or environmental damage could result from errors or inaccuracies in the content, data or information provided by the Application or by Application failures. To the extent permitted by law, You agree to indemnify, defend and hold harmless each LGE Indemnified Party from any Losses incurred by LGE Indemnified Party as a result of Your use of the SDK in the development of any such Applications.</p><br /><br> <p>8.3 You shall not enter into a settlement with any third party that affects LGE’s rights or binds LGE in any way related to or arising from You or any Authorized User’s use of the SDK without the prior written consent of LGE.</p><br /><br> <p>9. Disclaimer of Warranties.</p><br /><br> <p>9.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOADING, INSTALLATION AND USE OF THE SDK IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SDK AND ANY RELATED SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SDK AND ANY RELATED SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF LGE HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, NON-INTERFERENCE, NON-INFRINGEMENT AND ACCURACY. WITHOUT LIMITING THE FOREGOING, LGE DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SDK WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SDK OR RELATED SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS GIVEN BY LGE OR AN AUTHORIZED REPRESENTATIVE OF LGE SHALL CREATE A WARRANTY UNLESS EXPRESSLY INCORPORATED WITHIN THIS LICENSE AGREEMENT.</p><br /><br> <p>10. Limitation of Liability.</p><br /><br> <p>10.1 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LGE OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY THROUGH YOU FOR PERSOANL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR FOR LOSS OF PROFIT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, IN EACH CASE REGARDLESS OF WHETHER LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. FURTHER, IN NO EVENT SHALL LGE BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A LOSS OF DATA OR FILES, BY A COMPUTER VIRUS OR OTHER MALICIOUS ATTACK, OR BY A MALFUNCTION OR DEFECT IN THE SDK.<br /><br /><br> 10.2 THE SDK LICENSED HEREUNDER IS NOT DESIGNED OR INTENDED FOR USE TO ENABLE THE DESIGN OF APPLICATIONS USED IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCELAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE SDK COULD LEAD TO PERSONAL INJURY OR DEATH OR FOR USE IN ANY SECURIT-RELATED USE CASES. YOUR UNDERSTSANDING, ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS LICENSE AGREEMENT ARE THE LEGAL BASIS AND CONSIDERATION FOR THE LICENSES GRANTED UNDER IT.<br /><br /><br> 10.3 FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE SDK, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHICH IS NOT COVERED BY THE ABOVE PROVISIONS, THE TOTAL LIABILITY TO LGE AND ITS AFFILIATES TO YOU IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SDK.</p><br /><br> <p>11. Exclusions and Limitations.</p><br /><br> <p>11.1 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT BE APPLICABLE TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF LGE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</p><br /><br> <p>12. Release and Waiver.</p><br /><br> <p>12.1 To the maximum extent permitted by applicable law, You hereby release and waive all claims against LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns of every kind and nature arising from or in any way related to Your or any other Authorized Users’ downloading, installing and/or use of the SDK. If You are a California resident, You waive Your rights under California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by the foregoing release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You waive and relinquish any and all similar rights and benefits which You may have under any other laws, to the fullest extent permitted by law.</p><br /><br> <p>13. Confidentiality.</p><br /><br> <p>13.1 You shall not, without the prior written consent of LGE obtained in each instance, disclose any Confidential Information of LGE to any person or entity; provided, however, that any disclosure by You of LGE’s Confidential Information as and to the extent required to comply with judicial or administrative process shall not be deemed a breach of this License Agreement.</p><br /><br> <p>14. Assignment.</p><br /><br> <p>14.1 You shall not have the right to assign this License Agreement or any of Your rights hereunder, or to delegate any of Your obligations hereunder, whether in whole or in part; and any assignment or delegation in contravention of this section 14.1 shall be deemed void. LGE shall have the right to assign this License Agreement and any and all of its rights hereunder, and to delegate any and all of its obligations hereunder, to any third party.</p><br /><br> <p>15 Governing Law</p><br /><br> <p>15.1 This License Agreement shall be governed by the laws of the Republic of Korea without regard to conflict of law principles. All disputes, controversies and disagreements between the Parties arising out of or related to this License Agreement shall be exclusively submitted for, and finally settled by, arbitration. The arbitration shall be conducted by three (3) arbitrators exclusively in Seoul, the Republic of Korea, in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board. The Parties waive any objection that might be made on the ground that such venue may be in an inconvenient forum. The award rendered by the arbitrators shall be final and binding upon the Parties. Notwithstanding the foregoing provisions of this Section 15.1, in the event You infringe upon or violate the intellectual property rights of LGE or breach any of Your confidentiality obligations hereunder, LGE shall have the right to seek immediate injunctive or other equitable relief (or an equivalent type of urgent legal relief) in a court of competent jurisdiction.</p><br /><br> <p>16. Miscellaneous.</p><br /><br> <p>16.1 This License Agreement sets forth the entire understanding and agreement of the Parties related to the subject matter hereof and supersedes any and all oral and/or written agreements and understandings between the Parties related to the subject matter hereof. If any provision hereof is held for any reason to be unenforceable by a court of competent jurisdiction, such holding will not affect the validity and enforceability of the remaining provisions hereof. The failure or delay of LGE to exercise any right under this License Agreement shall not be deemed a waiver of any such right and shall not prevent LGE from demanding full and exact compliance with this License Agreement. Section headings used in this License Agreement are for the purpose of convenience only and shall not have any legal significance in interpreting the provisions hereof.</p><br /><br> <p>Last Updated on: 13 Oct 2014<br /><br /><br>

I have read and agree with the above terms and conditions

Before downloading the SDK, you must agree to the terms and conditions. Please read the following terms and conditions carefully before processding

Software Development Kit License Agreement</p><br /><br> <p>IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS USER LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING LG SOFTWARE DEVELOPMENT KIT , INCLUDING ANY UPDATES THERETO AND ANY RELATED DOCUMENTATION (COLLECTIVELY, THE “SDK”, AS MORE PARTICULARLY DEFINED BELOW). LG ELECTRONICS, INC. (“LGE”) IS WILLING TO LICENSE THE SDK TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE USING THE SDK (“YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND LGE. BY CLICKING THE “I AGREE” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR BY DOWNLOADING, INSTALLING AND/OR USING THE SDK, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.</p><br /><br> <p>YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SDK AND MAY NOT ACCEPT THIS LICENSE AGREEMENT IF YOU ARE PROHIBITED FROM DOING SO BY APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO, THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE OR GAIN ACCESS TO THE SDK.</p><br /><br> <p>YOU CERTIFY TO LGE AND AGREE THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE (AT LEAST 18 YEARS OF AGE IN MANY COUNTRIES) AND HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON YOUR OWN BEHALF.</p><br /><br> <p>IF YOU ARE AGREEING TO BE BOUND BY THIS LICENSE AGREEMENT ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY, YOU REPRESENT AND WARRANT TO LGE THAT YOU HAVE THE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THIS LICENSE AGREEMENT. IF YOU DO NOT HAVE THE REQUISITE AUTHORITY, YOU MAY NOT ACCEPT THIS LICENSE AGREEMENT OR DOWNLOAD, INSTALL OR USE THE SDK ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY.</p><br /><br> <p>IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CLICK THE “CANCEL” OR “I DO NOT AGREE” BUTTON OR OTHERWISE INDICATE YOUR REFUSAL, AND DO NOT DOWNLOAD, INSTALL OR USE THE SDK.</p><br /><br> <p>1. Definitions.</p><br /><br> <p>“Affiliate” means, as used with respect to a Party, any corporation or entity worldwide that controls such Party, that such Party Controls, or that is under common Control with such Party.</p><br /><br> <p>“Application” means a software application and accompanying documentation developed and distributed by You or on your behalf and used on the LGE products, any Android devices or any Windows devices under your own trademark or brand.</p><br /><br> <p>“Authorized Users” means You and, as applicable, Your employees or independent contractors who develop an Application and who require access to the SDK on a need-to-know basis to perform such development.</p><br /><br> <p>“Confidential Information” means any information relating to or disclosed in connection with this License Agreement, which is or should be reasonably understood to be confidential or proprietary to the disclosing Party, including, but not limited to, information about users, technical processes and formulas, source codes, product designs, sales, cost and other unpublished financial information, product and business plans, projections, and marketing data. “Confidential Information” shall not include any of the following: (a) information that is or becomes part of the public domain without violation of the confidentiality obligations in this License Agreement by the receiving Party; (b) information that was known to or in the possession of the receiving Party on a non-confidential basis prior to the disclosure thereof by the disclosing Party to the receiving Party; (c) information that was developed independently by the receiving Party, without use of or reference to the Confidential Information; (d) information that is disclosed to the receiving Party by a third party under no obligation of confidentiality to the disclosing Party and without violation of the confidentiality obligations hereunder by the receiving Party.</p><br /><br> <p>“Control” means direct or indirect ownership of fifty percent (50%) or more of the common stock or other voting interests in an entity.</p><br /><br> <p>“Intellectual Property Rights” means any and all rights, title and interest throughout the world in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or other intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority.</p><br /><br> <p>“OSS” means open source software subject to licenses (e.g., GNU General Public License or GNU Lesser/Library GPL) that require as a condition of use, copying, modification or distribution, that such software (including modifications or derivate works derived therefrom) be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge.</p><br /><br> <p>“Party” means You or LGE respectively, and “Parties” means You and LGE collectively.</p><br /><br> <p>“SDK” means, collectively, any software code, documentation, information, instructions, tutorials, runtime environments, testing environments, tools, APIs, files or other materials or elements or related items of an LG software development kit for the development of Applications, including all Updates, if any, and Upgrades, if any, thereto. For avoidance of any doubt, SDK is LGE’s proprietary information and software is considered neither as open source nor in the public domain.</p><br /><br> <p>“Update” means minor modification of existing software to address bug and error problems by making improvements to the current version of the software (e.g., going from v. 2.3 to 2.4 or adding a software patch or bug fix that does not change the version number).</p><br /><br> <p>“Upgrade” means significant modification of existing software to include new features, functionalities and releases, creating a new version of the software (e.g., going from v. 2.3 to 3.0).</p><br /><br> <p>2. Grant of SDK License.</p><br /><br> <p>2.1 Subject to the terms and conditions of this License Agreement, and provided that You are in compliance with this License Agreement, LGE grants to You a limited, worldwide, revocable, royalty-free, non-exclusive, non-transferable and non-sublicensable right and license to access, download, install and use a reasonable number of copies of the SDK on computers or other devices owned or controlled by You, for the sole purpose of Your and, if applicable, any other Authorized Users’ development and test of Applications.</p><br /><br> <p>2.2 Without limitation of any other provision contained herein, You will be liable for all failures of any other Authorized Users to comply with the terms, conditions, requirements and limitations set forth in this License Agreement.</p><br /><br> <p>2.3 This License Agreement is a license of the SDK and not an assignment. You acknowledge and agree that, as between You and LGE, LGE owns the SDK, any Update or Upgrade thereto and all Intellectual Property Rights therein. LGE reserves all rights not expressly granted to You hereunder.</p><br /><br> <p>2.4 You acknowledge and agree that an Application must satisfy LGE’s technical standards before it can be tested on the relevant LGE product pursuant to LGE’s internal quality assessment process. LGE reserves the right to reject any Application at its sole discretion. LGE’s testing of an Application shall not be construed as LGE’s approval on the Application on any aspect. If a material change is made to the Application, You must submit the revised version for LGE’s approval.</p><br /><br> <p>2.5 Except to the extent required by applicable law or third party licenses, neither You nor any other Authorized User shall copy (except for back-up purposes), modify, adapt, redistribute, decompile, decrypt, disassemble or reverse engineer the SDK or create derivative works of the SDK or any part of the SDK. Except to the extent required by applicable third party licenses, neither You nor any other Authorized User may load any part of the SDK onto a mobile handset or any other hardware device except a personal computer, combine any part of the SDK with other software or distribute any software or device incorporating a part of the SDK. Neither You nor any other Authorized User shall (a) use the SDK in any manner that is not permitted pursuant to this License Agreement or by law; (b) use the SDK in any way that violates or infringes the rights of any third party; or (c) authorize or assist any third party to carry out any action which is prohibited by this Section 2.5. LG E shall have the right to implement technological measures intended to ensure Your compliance with these restrictions and to otherwise prevent against Intellectual Property Rights infringement of the SDK. This License Agreement does not entitle You to receive support, telephone assistance or enhancements or Updates or Upgrades to the SDK from LGE.</p><br /><br> <p>2.6 Use, reproduction and distribution of components of the SDK licensed under an OSS license, if any, are governed solely by the terms of that OSS license and not this License Agreement. Notwithstanding the foregoing, You shall ensure that Applications developed hereunder do not incorporate any OSS in a manner which would cause any non-OSS portions of the SDK to be subject to any OSS licensing requirements.</p><br /><br> <p>2.7 You agree that the form and nature of the SDK may change without prior notice to You and that future versions of the SDK may be incompatible with Applications developed on previous versions of the SDK. You agree that LGE may stop (permanently or temporarily) providing the SDK, or any features within the SDK to You or to users generally, at LGE’s sole discretion, without prior notice to You.</p><br /><br> <p>2.8 Nothing in this License Agreement gives You any right to use any of LGE’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.</p><br /><br> <p>2.9 You agree that You shall not remove, obscure or alter any copyright, trademark or other proprietary rights notices that may be affixed to or contained within the SDK.</p><br /><br> <p>2.10 To the extent that an Application developed by You using the SDK collects and processes the personal and non-personal information of Users, You shall:<br /><br /><br> (a) Comply with all applicable laws and regulations relating to data protection and privacy;<br /><br /><br> (b) Put in place a privacy policy that informs Users of the types of information that may be collected and the purposes for which this information is collected and processed;<br /><br /><br> (c) Provide a mechanism for obtaining User consent to the collection and processing of their information in accordance with the User’s privacy policy before the collection of any such information;<br /><br /><br> (d) Not collect any information from Users (whether personal or otherwise) unless the appropriate consents have been given;<br /><br /><br> (e) Only collect, access and use User’s information to the extent necessary for providing the application;<br /><br /><br> (f) Put in place appropriate technical and organizational safeguards to secure and protect User information; and<br /><br /><br> (g) Indemnify LGE against any claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or related to any breach by You of this section 2.10.<br /><br /><br> 2.11 Applications may be rejected if they contain content or materials of any kind(including, but not limited to, text, graphics, images, photographs, sounds, etc.) that LGE reasonably determines to be objectionable or inappropriate, for example, materials that may be considered obscene, pornographic of defamatory.<br /><br /><br> 2.12 You acknowledge and agree that the SDK is not designed, intended, or certified for use in components of systems or Application intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, medical or life-support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, or for any other dangerous Application in which the failure of the SDK could create a situation where personal injury or death may occur. You understand that use of the SDK in such Applications is fully at Your risk.<br /><br /><br> 2. 13 From time to time during the Term, LGE may provide You with test versions of the SDK. You acknowledge and agree that You must not rely on such test versions to perform with data that is not sufficiently backed up on a regular basis.<br /><br /><br> 3. Data Collection.</p><br /><br> <p>3.1 Any information and data that LGE may collect from You or any other Authorized User when using the SDK shall be maintained and used by LGE in accordance with its Privacy Policy (http://developer.lge.com/footer/footer/RetrievePrivacyInfo.dev).</p><br /><br> <p>4. Third Party Applications.</p><br /><br> <p>4.1 If You use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, You agree that LGE is not responsible for those applications, data, content or resources. You understand that all data, content or resources which You may access through such third party applications are the sole responsibility of the person or entity from which they originated and that LGE is not liable for any loss or damage that You may experience as a result of the use of or access to any of those third party applications, data, content or resources. You acknowledge that Your use of such third party applications, data, content or resources may be subject to a separate agreement between You and the relevant third party. In such case, this License Agreement shall not affect Your legal relationship with such third party(ies).</p><br /><br> <p>4.2 If the Application is distributed, licensed or otherwise offered under the white-labeling of a third party, LGE may object to such distribution if LGE reasonably believes that the distribution of the Application cause adverse effect on LGE’s business and upon such objection, You shall immediately cease to distribute the Application and discuss in good faith to find an alternative which will be beneficial to both Parties.</p><br /><br> <p>5. Termination.</p><br /><br> <p>5.1 This License Agreement shall remain in effect until terminated by You or LGE as set forth below.</p><br /><br> <p>5.2 If You want to terminate this License Agreement, You shall have the right to do so by ceasing Your use of the SDK.</p><br /><br> <p>5.3 LGE shall have the right to terminate this License Agreement at any time for any reason. This License Agreement shall automatically terminate if (a) You breach this License Agreement in any manner; (b) LGE is required by law to terminate this License Agreement; (c) the relationship between LGE and LGE’s partner with whom LGE offers certain components of the SDK to you is terminated or such partner has ceased to offer certain components of the SDK to You; (d) LGE publicly posts a written notice of termination on its web site; (e) LGE sends a written notice of termination to You; (f) LGE no longer provides the SDK or certain parts of the SDK to users in the country in which You are a resident or from which You access the SDK; or (g) The provision of the SDK to You by LGE is, in LGE’s sole discretion, no longer commercially viable.</p><br /><br> <p>5.4 Upon termination of this License Agreement, You shall (a) automatically cease to have any rights with respect to the SDK, and (b) immediately cease all use of the SDK and destroy all copies thereof that are in Your possession or control. All provisions of this License Agreement, except for the grant of license in Section 2.1 above, shall survive the termination of this License Agreement.</p><br /><br> <p>6. Changes to the License Agreement.</p><br /><br> <p>6.1 LGE may make changes to this License Agreement at any time, including when it distributes Upgrades of the SDK. When these changes are made, LGE shall make the new version of this License Agreement available on the LGE web site where the SDK is made available. You shall have the obligation to check the LGE web site from time to time to review any changes to this License Agreement. Unless otherwise specified, such changes shall be effective when they are posted. By using the SDK after the occurrence of any such changes to this License Agreement, You agree to the changes.</p><br /><br> <p>7. Additional Restrictions.</p><br /><br> <p>7.1 Without limiting any of the other restrictions contained in this License Agreement, You may not access, download, install, use, export or re-export the SDK in violation of export laws, regulations or restrictions, or in violation of any other applicable laws, regulations or restrictions. You agree to comply with all export and import laws, regulations and restrictions of all applicable agencies and authorities, and not to directly or indirectly use the SDK, or any part thereof, in violation of any such laws, regulations or restrictions, or without all necessary licenses and approvals. You also agree that You shall not use SDK for any purposes prohibited by law, regulations or restrictions of any government.</p><br /><br> <p>7.2 In addition, and without limiting any other provision contained herein, You shall not do any of the following with the SDK:</p><br /><br> <p>(a) Create or promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware or other malicious programs or code, counterfeit goods, hate materials or materials urging acts of terrorism or violence; or</p><br /><br> <p>(b) Operate nuclear facilities, life support or other mission critical application where human life or property may be at stake.</p><br /><br> <p>7.3 You shall not use LG fonts which may be contained in the SDK to create any application or content with any device that is not manufactured by LGE.</p><br /><br> <p>8. Indemnification.</p><br /><br> <p>8.1 Notwithstanding any other term of this License Agreement or any act or failure to act by LGE, to the maximum extent permitted by law, You agree to and shall indemnify, defend and hold harmless LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns (the “LGE Indemnified Party”) from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages costs and expenses (including attorneys’ fees) arising out of or related to (a) Your or any other Authorized User’s use of the SDK, (b) any Application You or any other Authorized User develops that infringes upon, violates or misappropriates the rights of any third party, including, without limitation, any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any third party; (c) Your violation of any law, rule or regulation, and/or (d) any non-compliance or breach by You of this License Agreement.</p><br /><br> <p>8.2 You acknowledge that the SDK is not intended to be used in the development of any Application where death, personal injury, or severe physical or environmental damage could result from errors or inaccuracies in the content, data or information provided by the Application or by Application failures. To the extent permitted by law, You agree to indemnify, defend and hold harmless each LGE Indemnified Party from any Losses incurred by LGE Indemnified Party as a result of Your use of the SDK in the development of any such Applications.</p><br /><br> <p>8.3 You shall not enter into a settlement with any third party that affects LGE’s rights or binds LGE in any way related to or arising from You or any Authorized User’s use of the SDK without the prior written consent of LGE.</p><br /><br> <p>9. Disclaimer of Warranties.</p><br /><br> <p>9.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOADING, INSTALLATION AND USE OF THE SDK IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SDK AND ANY RELATED SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SDK AND ANY RELATED SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF LGE HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, NON-INTERFERENCE, NON-INFRINGEMENT AND ACCURACY. WITHOUT LIMITING THE FOREGOING, LGE DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SDK WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SDK OR RELATED SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS GIVEN BY LGE OR AN AUTHORIZED REPRESENTATIVE OF LGE SHALL CREATE A WARRANTY UNLESS EXPRESSLY INCORPORATED WITHIN THIS LICENSE AGREEMENT.</p><br /><br> <p>10. Limitation of Liability.</p><br /><br> <p>10.1 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LGE OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY THROUGH YOU FOR PERSOANL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR FOR LOSS OF PROFIT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, IN EACH CASE REGARDLESS OF WHETHER LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. FURTHER, IN NO EVENT SHALL LGE BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A LOSS OF DATA OR FILES, BY A COMPUTER VIRUS OR OTHER MALICIOUS ATTACK, OR BY A MALFUNCTION OR DEFECT IN THE SDK.<br /><br /><br> 10.2 THE SDK LICENSED HEREUNDER IS NOT DESIGNED OR INTENDED FOR USE TO ENABLE THE DESIGN OF APPLICATIONS USED IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCELAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE SDK COULD LEAD TO PERSONAL INJURY OR DEATH OR FOR USE IN ANY SECURIT-RELATED USE CASES. YOUR UNDERSTSANDING, ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS LICENSE AGREEMENT ARE THE LEGAL BASIS AND CONSIDERATION FOR THE LICENSES GRANTED UNDER IT.<br /><br /><br> 10.3 FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE SDK, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHICH IS NOT COVERED BY THE ABOVE PROVISIONS, THE TOTAL LIABILITY TO LGE AND ITS AFFILIATES TO YOU IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SDK.</p><br /><br> <p>11. Exclusions and Limitations.</p><br /><br> <p>11.1 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT BE APPLICABLE TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF LGE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</p><br /><br> <p>12. Release and Waiver.</p><br /><br> <p>12.1 To the maximum extent permitted by applicable law, You hereby release and waive all claims against LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns of every kind and nature arising from or in any way related to Your or any other Authorized Users’ downloading, installing and/or use of the SDK. If You are a California resident, You waive Your rights under California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by the foregoing release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You waive and relinquish any and all similar rights and benefits which You may have under any other laws, to the fullest extent permitted by law.</p><br /><br> <p>13. Confidentiality.</p><br /><br> <p>13.1 You shall not, without the prior written consent of LGE obtained in each instance, disclose any Confidential Information of LGE to any person or entity; provided, however, that any disclosure by You of LGE’s Confidential Information as and to the extent required to comply with judicial or administrative process shall not be deemed a breach of this License Agreement.</p><br /><br> <p>14. Assignment.</p><br /><br> <p>14.1 You shall not have the right to assign this License Agreement or any of Your rights hereunder, or to delegate any of Your obligations hereunder, whether in whole or in part; and any assignment or delegation in contravention of this section 14.1 shall be deemed void. LGE shall have the right to assign this License Agreement and any and all of its rights hereunder, and to delegate any and all of its obligations hereunder, to any third party.</p><br /><br> <p>15 Governing Law</p><br /><br> <p>15.1 This License Agreement shall be governed by the laws of the Republic of Korea without regard to conflict of law principles. All disputes, controversies and disagreements between the Parties arising out of or related to this License Agreement shall be exclusively submitted for, and finally settled by, arbitration. The arbitration shall be conducted by three (3) arbitrators exclusively in Seoul, the Republic of Korea, in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board. The Parties waive any objection that might be made on the ground that such venue may be in an inconvenient forum. The award rendered by the arbitrators shall be final and binding upon the Parties. Notwithstanding the foregoing provisions of this Section 15.1, in the event You infringe upon or violate the intellectual property rights of LGE or breach any of Your confidentiality obligations hereunder, LGE shall have the right to seek immediate injunctive or other equitable relief (or an equivalent type of urgent legal relief) in a court of competent jurisdiction.</p><br /><br> <p>16. Miscellaneous.</p><br /><br> <p>16.1 This License Agreement sets forth the entire understanding and agreement of the Parties related to the subject matter hereof and supersedes any and all oral and/or written agreements and understandings between the Parties related to the subject matter hereof. If any provision hereof is held for any reason to be unenforceable by a court of competent jurisdiction, such holding will not affect the validity and enforceability of the remaining provisions hereof. The failure or delay of LGE to exercise any right under this License Agreement shall not be deemed a waiver of any such right and shall not prevent LGE from demanding full and exact compliance with this License Agreement. Section headings used in this License Agreement are for the purpose of convenience only and shall not have any legal significance in interpreting the provisions hereof.</p><br /><br> <p>Last Updated on: 13 Oct 2014<br /><br /><br>

I have read and agree with the above terms and conditions

Before downloading the SDK, you must agree to the terms and conditions. Please read the following terms and conditions carefully before processding

Software Development Kit License Agreement</p><br /><br> <p>IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS USER LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING LG SOFTWARE DEVELOPMENT KIT , INCLUDING ANY UPDATES THERETO AND ANY RELATED DOCUMENTATION (COLLECTIVELY, THE “SDK”, AS MORE PARTICULARLY DEFINED BELOW). LG ELECTRONICS, INC. (“LGE”) IS WILLING TO LICENSE THE SDK TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE USING THE SDK (“YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND LGE. BY CLICKING THE “I AGREE” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR BY DOWNLOADING, INSTALLING AND/OR USING THE SDK, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.</p><br /><br> <p>YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SDK AND MAY NOT ACCEPT THIS LICENSE AGREEMENT IF YOU ARE PROHIBITED FROM DOING SO BY APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO, THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE OR GAIN ACCESS TO THE SDK.</p><br /><br> <p>YOU CERTIFY TO LGE AND AGREE THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE (AT LEAST 18 YEARS OF AGE IN MANY COUNTRIES) AND HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON YOUR OWN BEHALF.</p><br /><br> <p>IF YOU ARE AGREEING TO BE BOUND BY THIS LICENSE AGREEMENT ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY, YOU REPRESENT AND WARRANT TO LGE THAT YOU HAVE THE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THIS LICENSE AGREEMENT. IF YOU DO NOT HAVE THE REQUISITE AUTHORITY, YOU MAY NOT ACCEPT THIS LICENSE AGREEMENT OR DOWNLOAD, INSTALL OR USE THE SDK ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY.</p><br /><br> <p>IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CLICK THE “CANCEL” OR “I DO NOT AGREE” BUTTON OR OTHERWISE INDICATE YOUR REFUSAL, AND DO NOT DOWNLOAD, INSTALL OR USE THE SDK.</p><br /><br> <p>1. Definitions.</p><br /><br> <p>“Affiliate” means, as used with respect to a Party, any corporation or entity worldwide that controls such Party, that such Party Controls, or that is under common Control with such Party.</p><br /><br> <p>“Application” means a software application and accompanying documentation developed and distributed by You or on your behalf and used on the LGE products, any Android devices or any Windows devices under your own trademark or brand.</p><br /><br> <p>“Authorized Users” means You and, as applicable, Your employees or independent contractors who develop an Application and who require access to the SDK on a need-to-know basis to perform such development.</p><br /><br> <p>“Confidential Information” means any information relating to or disclosed in connection with this License Agreement, which is or should be reasonably understood to be confidential or proprietary to the disclosing Party, including, but not limited to, information about users, technical processes and formulas, source codes, product designs, sales, cost and other unpublished financial information, product and business plans, projections, and marketing data. “Confidential Information” shall not include any of the following: (a) information that is or becomes part of the public domain without violation of the confidentiality obligations in this License Agreement by the receiving Party; (b) information that was known to or in the possession of the receiving Party on a non-confidential basis prior to the disclosure thereof by the disclosing Party to the receiving Party; (c) information that was developed independently by the receiving Party, without use of or reference to the Confidential Information; (d) information that is disclosed to the receiving Party by a third party under no obligation of confidentiality to the disclosing Party and without violation of the confidentiality obligations hereunder by the receiving Party.</p><br /><br> <p>“Control” means direct or indirect ownership of fifty percent (50%) or more of the common stock or other voting interests in an entity.</p><br /><br> <p>“Intellectual Property Rights” means any and all rights, title and interest throughout the world in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or other intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority.</p><br /><br> <p>“OSS” means open source software subject to licenses (e.g., GNU General Public License or GNU Lesser/Library GPL) that require as a condition of use, copying, modification or distribution, that such software (including modifications or derivate works derived therefrom) be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge.</p><br /><br> <p>“Party” means You or LGE respectively, and “Parties” means You and LGE collectively.</p><br /><br> <p>“SDK” means, collectively, any software code, documentation, information, instructions, tutorials, runtime environments, testing environments, tools, APIs, files or other materials or elements or related items of an LG software development kit for the development of Applications, including all Updates, if any, and Upgrades, if any, thereto. For avoidance of any doubt, SDK is LGE’s proprietary information and software is considered neither as open source nor in the public domain.</p><br /><br> <p>“Update” means minor modification of existing software to address bug and error problems by making improvements to the current version of the software (e.g., going from v. 2.3 to 2.4 or adding a software patch or bug fix that does not change the version number).</p><br /><br> <p>“Upgrade” means significant modification of existing software to include new features, functionalities and releases, creating a new version of the software (e.g., going from v. 2.3 to 3.0).</p><br /><br> <p>2. Grant of SDK License.</p><br /><br> <p>2.1 Subject to the terms and conditions of this License Agreement, and provided that You are in compliance with this License Agreement, LGE grants to You a limited, worldwide, revocable, royalty-free, non-exclusive, non-transferable and non-sublicensable right and license to access, download, install and use a reasonable number of copies of the SDK on computers or other devices owned or controlled by You, for the sole purpose of Your and, if applicable, any other Authorized Users’ development and test of Applications.</p><br /><br> <p>2.2 Without limitation of any other provision contained herein, You will be liable for all failures of any other Authorized Users to comply with the terms, conditions, requirements and limitations set forth in this License Agreement.</p><br /><br> <p>2.3 This License Agreement is a license of the SDK and not an assignment. You acknowledge and agree that, as between You and LGE, LGE owns the SDK, any Update or Upgrade thereto and all Intellectual Property Rights therein. LGE reserves all rights not expressly granted to You hereunder.</p><br /><br> <p>2.4 You acknowledge and agree that an Application must satisfy LGE’s technical standards before it can be tested on the relevant LGE product pursuant to LGE’s internal quality assessment process. LGE reserves the right to reject any Application at its sole discretion. LGE’s testing of an Application shall not be construed as LGE’s approval on the Application on any aspect. If a material change is made to the Application, You must submit the revised version for LGE’s approval.</p><br /><br> <p>2.5 Except to the extent required by applicable law or third party licenses, neither You nor any other Authorized User shall copy (except for back-up purposes), modify, adapt, redistribute, decompile, decrypt, disassemble or reverse engineer the SDK or create derivative works of the SDK or any part of the SDK. Except to the extent required by applicable third party licenses, neither You nor any other Authorized User may load any part of the SDK onto a mobile handset or any other hardware device except a personal computer, combine any part of the SDK with other software or distribute any software or device incorporating a part of the SDK. Neither You nor any other Authorized User shall (a) use the SDK in any manner that is not permitted pursuant to this License Agreement or by law; (b) use the SDK in any way that violates or infringes the rights of any third party; or (c) authorize or assist any third party to carry out any action which is prohibited by this Section 2.5. LG E shall have the right to implement technological measures intended to ensure Your compliance with these restrictions and to otherwise prevent against Intellectual Property Rights infringement of the SDK. This License Agreement does not entitle You to receive support, telephone assistance or enhancements or Updates or Upgrades to the SDK from LGE.</p><br /><br> <p>2.6 Use, reproduction and distribution of components of the SDK licensed under an OSS license, if any, are governed solely by the terms of that OSS license and not this License Agreement. Notwithstanding the foregoing, You shall ensure that Applications developed hereunder do not incorporate any OSS in a manner which would cause any non-OSS portions of the SDK to be subject to any OSS licensing requirements.</p><br /><br> <p>2.7 You agree that the form and nature of the SDK may change without prior notice to You and that future versions of the SDK may be incompatible with Applications developed on previous versions of the SDK. You agree that LGE may stop (permanently or temporarily) providing the SDK, or any features within the SDK to You or to users generally, at LGE’s sole discretion, without prior notice to You.</p><br /><br> <p>2.8 Nothing in this License Agreement gives You any right to use any of LGE’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.</p><br /><br> <p>2.9 You agree that You shall not remove, obscure or alter any copyright, trademark or other proprietary rights notices that may be affixed to or contained within the SDK.</p><br /><br> <p>2.10 To the extent that an Application developed by You using the SDK collects and processes the personal and non-personal information of Users, You shall:<br /><br /><br> (a) Comply with all applicable laws and regulations relating to data protection and privacy;<br /><br /><br> (b) Put in place a privacy policy that informs Users of the types of information that may be collected and the purposes for which this information is collected and processed;<br /><br /><br> (c) Provide a mechanism for obtaining User consent to the collection and processing of their information in accordance with the User’s privacy policy before the collection of any such information;<br /><br /><br> (d) Not collect any information from Users (whether personal or otherwise) unless the appropriate consents have been given;<br /><br /><br> (e) Only collect, access and use User’s information to the extent necessary for providing the application;<br /><br /><br> (f) Put in place appropriate technical and organizational safeguards to secure and protect User information; and<br /><br /><br> (g) Indemnify LGE against any claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or related to any breach by You of this section 2.10.<br /><br /><br> 2.11 Applications may be rejected if they contain content or materials of any kind(including, but not limited to, text, graphics, images, photographs, sounds, etc.) that LGE reasonably determines to be objectionable or inappropriate, for example, materials that may be considered obscene, pornographic of defamatory.<br /><br /><br> 2.12 You acknowledge and agree that the SDK is not designed, intended, or certified for use in components of systems or Application intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, medical or life-support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, or for any other dangerous Application in which the failure of the SDK could create a situation where personal injury or death may occur. You understand that use of the SDK in such Applications is fully at Your risk.<br /><br /><br> 2. 13 From time to time during the Term, LGE may provide You with test versions of the SDK. You acknowledge and agree that You must not rely on such test versions to perform with data that is not sufficiently backed up on a regular basis.<br /><br /><br> 3. Data Collection.</p><br /><br> <p>3.1 Any information and data that LGE may collect from You or any other Authorized User when using the SDK shall be maintained and used by LGE in accordance with its Privacy Policy (http://developer.lge.com/footer/footer/RetrievePrivacyInfo.dev).</p><br /><br> <p>4. Third Party Applications.</p><br /><br> <p>4.1 If You use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, You agree that LGE is not responsible for those applications, data, content or resources. You understand that all data, content or resources which You may access through such third party applications are the sole responsibility of the person or entity from which they originated and that LGE is not liable for any loss or damage that You may experience as a result of the use of or access to any of those third party applications, data, content or resources. You acknowledge that Your use of such third party applications, data, content or resources may be subject to a separate agreement between You and the relevant third party. In such case, this License Agreement shall not affect Your legal relationship with such third party(ies).</p><br /><br> <p>4.2 If the Application is distributed, licensed or otherwise offered under the white-labeling of a third party, LGE may object to such distribution if LGE reasonably believes that the distribution of the Application cause adverse effect on LGE’s business and upon such objection, You shall immediately cease to distribute the Application and discuss in good faith to find an alternative which will be beneficial to both Parties.</p><br /><br> <p>5. Termination.</p><br /><br> <p>5.1 This License Agreement shall remain in effect until terminated by You or LGE as set forth below.</p><br /><br> <p>5.2 If You want to terminate this License Agreement, You shall have the right to do so by ceasing Your use of the SDK.</p><br /><br> <p>5.3 LGE shall have the right to terminate this License Agreement at any time for any reason. This License Agreement shall automatically terminate if (a) You breach this License Agreement in any manner; (b) LGE is required by law to terminate this License Agreement; (c) the relationship between LGE and LGE’s partner with whom LGE offers certain components of the SDK to you is terminated or such partner has ceased to offer certain components of the SDK to You; (d) LGE publicly posts a written notice of termination on its web site; (e) LGE sends a written notice of termination to You; (f) LGE no longer provides the SDK or certain parts of the SDK to users in the country in which You are a resident or from which You access the SDK; or (g) The provision of the SDK to You by LGE is, in LGE’s sole discretion, no longer commercially viable.</p><br /><br> <p>5.4 Upon termination of this License Agreement, You shall (a) automatically cease to have any rights with respect to the SDK, and (b) immediately cease all use of the SDK and destroy all copies thereof that are in Your possession or control. All provisions of this License Agreement, except for the grant of license in Section 2.1 above, shall survive the termination of this License Agreement.</p><br /><br> <p>6. Changes to the License Agreement.</p><br /><br> <p>6.1 LGE may make changes to this License Agreement at any time, including when it distributes Upgrades of the SDK. When these changes are made, LGE shall make the new version of this License Agreement available on the LGE web site where the SDK is made available. You shall have the obligation to check the LGE web site from time to time to review any changes to this License Agreement. Unless otherwise specified, such changes shall be effective when they are posted. By using the SDK after the occurrence of any such changes to this License Agreement, You agree to the changes.</p><br /><br> <p>7. Additional Restrictions.</p><br /><br> <p>7.1 Without limiting any of the other restrictions contained in this License Agreement, You may not access, download, install, use, export or re-export the SDK in violation of export laws, regulations or restrictions, or in violation of any other applicable laws, regulations or restrictions. You agree to comply with all export and import laws, regulations and restrictions of all applicable agencies and authorities, and not to directly or indirectly use the SDK, or any part thereof, in violation of any such laws, regulations or restrictions, or without all necessary licenses and approvals. You also agree that You shall not use SDK for any purposes prohibited by law, regulations or restrictions of any government.</p><br /><br> <p>7.2 In addition, and without limiting any other provision contained herein, You shall not do any of the following with the SDK:</p><br /><br> <p>(a) Create or promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware or other malicious programs or code, counterfeit goods, hate materials or materials urging acts of terrorism or violence; or</p><br /><br> <p>(b) Operate nuclear facilities, life support or other mission critical application where human life or property may be at stake.</p><br /><br> <p>7.3 You shall not use LG fonts which may be contained in the SDK to create any application or content with any device that is not manufactured by LGE.</p><br /><br> <p>8. Indemnification.</p><br /><br> <p>8.1 Notwithstanding any other term of this License Agreement or any act or failure to act by LGE, to the maximum extent permitted by law, You agree to and shall indemnify, defend and hold harmless LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns (the “LGE Indemnified Party”) from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages costs and expenses (including attorneys’ fees) arising out of or related to (a) Your or any other Authorized User’s use of the SDK, (b) any Application You or any other Authorized User develops that infringes upon, violates or misappropriates the rights of any third party, including, without limitation, any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any third party; (c) Your violation of any law, rule or regulation, and/or (d) any non-compliance or breach by You of this License Agreement.</p><br /><br> <p>8.2 You acknowledge that the SDK is not intended to be used in the development of any Application where death, personal injury, or severe physical or environmental damage could result from errors or inaccuracies in the content, data or information provided by the Application or by Application failures. To the extent permitted by law, You agree to indemnify, defend and hold harmless each LGE Indemnified Party from any Losses incurred by LGE Indemnified Party as a result of Your use of the SDK in the development of any such Applications.</p><br /><br> <p>8.3 You shall not enter into a settlement with any third party that affects LGE’s rights or binds LGE in any way related to or arising from You or any Authorized User’s use of the SDK without the prior written consent of LGE.</p><br /><br> <p>9. Disclaimer of Warranties.</p><br /><br> <p>9.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOADING, INSTALLATION AND USE OF THE SDK IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SDK AND ANY RELATED SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SDK AND ANY RELATED SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF LGE HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, NON-INTERFERENCE, NON-INFRINGEMENT AND ACCURACY. WITHOUT LIMITING THE FOREGOING, LGE DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SDK WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SDK OR RELATED SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS GIVEN BY LGE OR AN AUTHORIZED REPRESENTATIVE OF LGE SHALL CREATE A WARRANTY UNLESS EXPRESSLY INCORPORATED WITHIN THIS LICENSE AGREEMENT.</p><br /><br> <p>10. Limitation of Liability.</p><br /><br> <p>10.1 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LGE OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY THROUGH YOU FOR PERSOANL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR FOR LOSS OF PROFIT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, IN EACH CASE REGARDLESS OF WHETHER LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. FURTHER, IN NO EVENT SHALL LGE BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A LOSS OF DATA OR FILES, BY A COMPUTER VIRUS OR OTHER MALICIOUS ATTACK, OR BY A MALFUNCTION OR DEFECT IN THE SDK.<br /><br /><br> 10.2 THE SDK LICENSED HEREUNDER IS NOT DESIGNED OR INTENDED FOR USE TO ENABLE THE DESIGN OF APPLICATIONS USED IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCELAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE SDK COULD LEAD TO PERSONAL INJURY OR DEATH OR FOR USE IN ANY SECURIT-RELATED USE CASES. YOUR UNDERSTSANDING, ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS LICENSE AGREEMENT ARE THE LEGAL BASIS AND CONSIDERATION FOR THE LICENSES GRANTED UNDER IT.<br /><br /><br> 10.3 FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE SDK, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHICH IS NOT COVERED BY THE ABOVE PROVISIONS, THE TOTAL LIABILITY TO LGE AND ITS AFFILIATES TO YOU IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SDK.</p><br /><br> <p>11. Exclusions and Limitations.</p><br /><br> <p>11.1 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT BE APPLICABLE TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF LGE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</p><br /><br> <p>12. Release and Waiver.</p><br /><br> <p>12.1 To the maximum extent permitted by applicable law, You hereby release and waive all claims against LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns of every kind and nature arising from or in any way related to Your or any other Authorized Users’ downloading, installing and/or use of the SDK. If You are a California resident, You waive Your rights under California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by the foregoing release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You waive and relinquish any and all similar rights and benefits which You may have under any other laws, to the fullest extent permitted by law.</p><br /><br> <p>13. Confidentiality.</p><br /><br> <p>13.1 You shall not, without the prior written consent of LGE obtained in each instance, disclose any Confidential Information of LGE to any person or entity; provided, however, that any disclosure by You of LGE’s Confidential Information as and to the extent required to comply with judicial or administrative process shall not be deemed a breach of this License Agreement.</p><br /><br> <p>14. Assignment.</p><br /><br> <p>14.1 You shall not have the right to assign this License Agreement or any of Your rights hereunder, or to delegate any of Your obligations hereunder, whether in whole or in part; and any assignment or delegation in contravention of this section 14.1 shall be deemed void. LGE shall have the right to assign this License Agreement and any and all of its rights hereunder, and to delegate any and all of its obligations hereunder, to any third party.</p><br /><br> <p>15 Governing Law</p><br /><br> <p>15.1 This License Agreement shall be governed by the laws of the Republic of Korea without regard to conflict of law principles. All disputes, controversies and disagreements between the Parties arising out of or related to this License Agreement shall be exclusively submitted for, and finally settled by, arbitration. The arbitration shall be conducted by three (3) arbitrators exclusively in Seoul, the Republic of Korea, in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board. The Parties waive any objection that might be made on the ground that such venue may be in an inconvenient forum. The award rendered by the arbitrators shall be final and binding upon the Parties. Notwithstanding the foregoing provisions of this Section 15.1, in the event You infringe upon or violate the intellectual property rights of LGE or breach any of Your confidentiality obligations hereunder, LGE shall have the right to seek immediate injunctive or other equitable relief (or an equivalent type of urgent legal relief) in a court of competent jurisdiction.</p><br /><br> <p>16. Miscellaneous.</p><br /><br> <p>16.1 This License Agreement sets forth the entire understanding and agreement of the Parties related to the subject matter hereof and supersedes any and all oral and/or written agreements and understandings between the Parties related to the subject matter hereof. If any provision hereof is held for any reason to be unenforceable by a court of competent jurisdiction, such holding will not affect the validity and enforceability of the remaining provisions hereof. The failure or delay of LGE to exercise any right under this License Agreement shall not be deemed a waiver of any such right and shall not prevent LGE from demanding full and exact compliance with this License Agreement. Section headings used in this License Agreement are for the purpose of convenience only and shall not have any legal significance in interpreting the provisions hereof.</p><br /><br> <p>Last Updated on: 13 Oct 2014<br /><br /><br>

I have read and agree with the above terms and conditions

Before downloading the SDK, you must agree to the terms and conditions. Please read the following terms and conditions carefully before processding

Software Development Kit License Agreement</p><br /><br> <p>IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS USER LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING LG SOFTWARE DEVELOPMENT KIT , INCLUDING ANY UPDATES THERETO AND ANY RELATED DOCUMENTATION (COLLECTIVELY, THE “SDK”, AS MORE PARTICULARLY DEFINED BELOW). LG ELECTRONICS, INC. (“LGE”) IS WILLING TO LICENSE THE SDK TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE USING THE SDK (“YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND LGE. BY CLICKING THE “I AGREE” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR BY DOWNLOADING, INSTALLING AND/OR USING THE SDK, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.</p><br /><br> <p>YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SDK AND MAY NOT ACCEPT THIS LICENSE AGREEMENT IF YOU ARE PROHIBITED FROM DOING SO BY APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO, THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE OR GAIN ACCESS TO THE SDK.</p><br /><br> <p>YOU CERTIFY TO LGE AND AGREE THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE (AT LEAST 18 YEARS OF AGE IN MANY COUNTRIES) AND HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON YOUR OWN BEHALF.</p><br /><br> <p>IF YOU ARE AGREEING TO BE BOUND BY THIS LICENSE AGREEMENT ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY, YOU REPRESENT AND WARRANT TO LGE THAT YOU HAVE THE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THIS LICENSE AGREEMENT. IF YOU DO NOT HAVE THE REQUISITE AUTHORITY, YOU MAY NOT ACCEPT THIS LICENSE AGREEMENT OR DOWNLOAD, INSTALL OR USE THE SDK ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY.</p><br /><br> <p>IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CLICK THE “CANCEL” OR “I DO NOT AGREE” BUTTON OR OTHERWISE INDICATE YOUR REFUSAL, AND DO NOT DOWNLOAD, INSTALL OR USE THE SDK.</p><br /><br> <p>1. Definitions.</p><br /><br> <p>“Affiliate” means, as used with respect to a Party, any corporation or entity worldwide that controls such Party, that such Party Controls, or that is under common Control with such Party.</p><br /><br> <p>“Application” means a software application and accompanying documentation developed and distributed by You or on your behalf and used on the LGE products, any Android devices or any Windows devices under your own trademark or brand.</p><br /><br> <p>“Authorized Users” means You and, as applicable, Your employees or independent contractors who develop an Application and who require access to the SDK on a need-to-know basis to perform such development.</p><br /><br> <p>“Confidential Information” means any information relating to or disclosed in connection with this License Agreement, which is or should be reasonably understood to be confidential or proprietary to the disclosing Party, including, but not limited to, information about users, technical processes and formulas, source codes, product designs, sales, cost and other unpublished financial information, product and business plans, projections, and marketing data. “Confidential Information” shall not include any of the following: (a) information that is or becomes part of the public domain without violation of the confidentiality obligations in this License Agreement by the receiving Party; (b) information that was known to or in the possession of the receiving Party on a non-confidential basis prior to the disclosure thereof by the disclosing Party to the receiving Party; (c) information that was developed independently by the receiving Party, without use of or reference to the Confidential Information; (d) information that is disclosed to the receiving Party by a third party under no obligation of confidentiality to the disclosing Party and without violation of the confidentiality obligations hereunder by the receiving Party.</p><br /><br> <p>“Control” means direct or indirect ownership of fifty percent (50%) or more of the common stock or other voting interests in an entity.</p><br /><br> <p>“Intellectual Property Rights” means any and all rights, title and interest throughout the world in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or other intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority.</p><br /><br> <p>“OSS” means open source software subject to licenses (e.g., GNU General Public License or GNU Lesser/Library GPL) that require as a condition of use, copying, modification or distribution, that such software (including modifications or derivate works derived therefrom) be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge.</p><br /><br> <p>“Party” means You or LGE respectively, and “Parties” means You and LGE collectively.</p><br /><br> <p>“SDK” means, collectively, any software code, documentation, information, instructions, tutorials, runtime environments, testing environments, tools, APIs, files or other materials or elements or related items of an LG software development kit for the development of Applications, including all Updates, if any, and Upgrades, if any, thereto. For avoidance of any doubt, SDK is LGE’s proprietary information and software is considered neither as open source nor in the public domain.</p><br /><br> <p>“Update” means minor modification of existing software to address bug and error problems by making improvements to the current version of the software (e.g., going from v. 2.3 to 2.4 or adding a software patch or bug fix that does not change the version number).</p><br /><br> <p>“Upgrade” means significant modification of existing software to include new features, functionalities and releases, creating a new version of the software (e.g., going from v. 2.3 to 3.0).</p><br /><br> <p>2. Grant of SDK License.</p><br /><br> <p>2.1 Subject to the terms and conditions of this License Agreement, and provided that You are in compliance with this License Agreement, LGE grants to You a limited, worldwide, revocable, royalty-free, non-exclusive, non-transferable and non-sublicensable right and license to access, download, install and use a reasonable number of copies of the SDK on computers or other devices owned or controlled by You, for the sole purpose of Your and, if applicable, any other Authorized Users’ development and test of Applications.</p><br /><br> <p>2.2 Without limitation of any other provision contained herein, You will be liable for all failures of any other Authorized Users to comply with the terms, conditions, requirements and limitations set forth in this License Agreement.</p><br /><br> <p>2.3 This License Agreement is a license of the SDK and not an assignment. You acknowledge and agree that, as between You and LGE, LGE owns the SDK, any Update or Upgrade thereto and all Intellectual Property Rights therein. LGE reserves all rights not expressly granted to You hereunder.</p><br /><br> <p>2.4 You acknowledge and agree that an Application must satisfy LGE’s technical standards before it can be tested on the relevant LGE product pursuant to LGE’s internal quality assessment process. LGE reserves the right to reject any Application at its sole discretion. LGE’s testing of an Application shall not be construed as LGE’s approval on the Application on any aspect. If a material change is made to the Application, You must submit the revised version for LGE’s approval.</p><br /><br> <p>2.5 Except to the extent required by applicable law or third party licenses, neither You nor any other Authorized User shall copy (except for back-up purposes), modify, adapt, redistribute, decompile, decrypt, disassemble or reverse engineer the SDK or create derivative works of the SDK or any part of the SDK. Except to the extent required by applicable third party licenses, neither You nor any other Authorized User may load any part of the SDK onto a mobile handset or any other hardware device except a personal computer, combine any part of the SDK with other software or distribute any software or device incorporating a part of the SDK. Neither You nor any other Authorized User shall (a) use the SDK in any manner that is not permitted pursuant to this License Agreement or by law; (b) use the SDK in any way that violates or infringes the rights of any third party; or (c) authorize or assist any third party to carry out any action which is prohibited by this Section 2.5. LG E shall have the right to implement technological measures intended to ensure Your compliance with these restrictions and to otherwise prevent against Intellectual Property Rights infringement of the SDK. This License Agreement does not entitle You to receive support, telephone assistance or enhancements or Updates or Upgrades to the SDK from LGE.</p><br /><br> <p>2.6 Use, reproduction and distribution of components of the SDK licensed under an OSS license, if any, are governed solely by the terms of that OSS license and not this License Agreement. Notwithstanding the foregoing, You shall ensure that Applications developed hereunder do not incorporate any OSS in a manner which would cause any non-OSS portions of the SDK to be subject to any OSS licensing requirements.</p><br /><br> <p>2.7 You agree that the form and nature of the SDK may change without prior notice to You and that future versions of the SDK may be incompatible with Applications developed on previous versions of the SDK. You agree that LGE may stop (permanently or temporarily) providing the SDK, or any features within the SDK to You or to users generally, at LGE’s sole discretion, without prior notice to You.</p><br /><br> <p>2.8 Nothing in this License Agreement gives You any right to use any of LGE’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.</p><br /><br> <p>2.9 You agree that You shall not remove, obscure or alter any copyright, trademark or other proprietary rights notices that may be affixed to or contained within the SDK.</p><br /><br> <p>2.10 To the extent that an Application developed by You using the SDK collects and processes the personal and non-personal information of Users, You shall:<br /><br /><br> (a) Comply with all applicable laws and regulations relating to data protection and privacy;<br /><br /><br> (b) Put in place a privacy policy that informs Users of the types of information that may be collected and the purposes for which this information is collected and processed;<br /><br /><br> (c) Provide a mechanism for obtaining User consent to the collection and processing of their information in accordance with the User’s privacy policy before the collection of any such information;<br /><br /><br> (d) Not collect any information from Users (whether personal or otherwise) unless the appropriate consents have been given;<br /><br /><br> (e) Only collect, access and use User’s information to the extent necessary for providing the application;<br /><br /><br> (f) Put in place appropriate technical and organizational safeguards to secure and protect User information; and<br /><br /><br> (g) Indemnify LGE against any claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or related to any breach by You of this section 2.10.<br /><br /><br> 2.11 Applications may be rejected if they contain content or materials of any kind(including, but not limited to, text, graphics, images, photographs, sounds, etc.) that LGE reasonably determines to be objectionable or inappropriate, for example, materials that may be considered obscene, pornographic of defamatory.<br /><br /><br> 2.12 You acknowledge and agree that the SDK is not designed, intended, or certified for use in components of systems or Application intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, medical or life-support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, or for any other dangerous Application in which the failure of the SDK could create a situation where personal injury or death may occur. You understand that use of the SDK in such Applications is fully at Your risk.<br /><br /><br> 2. 13 From time to time during the Term, LGE may provide You with test versions of the SDK. You acknowledge and agree that You must not rely on such test versions to perform with data that is not sufficiently backed up on a regular basis.<br /><br /><br> 3. Data Collection.</p><br /><br> <p>3.1 Any information and data that LGE may collect from You or any other Authorized User when using the SDK shall be maintained and used by LGE in accordance with its Privacy Policy (http://developer.lge.com/footer/footer/RetrievePrivacyInfo.dev).</p><br /><br> <p>4. Third Party Applications.</p><br /><br> <p>4.1 If You use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, You agree that LGE is not responsible for those applications, data, content or resources. You understand that all data, content or resources which You may access through such third party applications are the sole responsibility of the person or entity from which they originated and that LGE is not liable for any loss or damage that You may experience as a result of the use of or access to any of those third party applications, data, content or resources. You acknowledge that Your use of such third party applications, data, content or resources may be subject to a separate agreement between You and the relevant third party. In such case, this License Agreement shall not affect Your legal relationship with such third party(ies).</p><br /><br> <p>4.2 If the Application is distributed, licensed or otherwise offered under the white-labeling of a third party, LGE may object to such distribution if LGE reasonably believes that the distribution of the Application cause adverse effect on LGE’s business and upon such objection, You shall immediately cease to distribute the Application and discuss in good faith to find an alternative which will be beneficial to both Parties.</p><br /><br> <p>5. Termination.</p><br /><br> <p>5.1 This License Agreement shall remain in effect until terminated by You or LGE as set forth below.</p><br /><br> <p>5.2 If You want to terminate this License Agreement, You shall have the right to do so by ceasing Your use of the SDK.</p><br /><br> <p>5.3 LGE shall have the right to terminate this License Agreement at any time for any reason. This License Agreement shall automatically terminate if (a) You breach this License Agreement in any manner; (b) LGE is required by law to terminate this License Agreement; (c) the relationship between LGE and LGE’s partner with whom LGE offers certain components of the SDK to you is terminated or such partner has ceased to offer certain components of the SDK to You; (d) LGE publicly posts a written notice of termination on its web site; (e) LGE sends a written notice of termination to You; (f) LGE no longer provides the SDK or certain parts of the SDK to users in the country in which You are a resident or from which You access the SDK; or (g) The provision of the SDK to You by LGE is, in LGE’s sole discretion, no longer commercially viable.</p><br /><br> <p>5.4 Upon termination of this License Agreement, You shall (a) automatically cease to have any rights with respect to the SDK, and (b) immediately cease all use of the SDK and destroy all copies thereof that are in Your possession or control. All provisions of this License Agreement, except for the grant of license in Section 2.1 above, shall survive the termination of this License Agreement.</p><br /><br> <p>6. Changes to the License Agreement.</p><br /><br> <p>6.1 LGE may make changes to this License Agreement at any time, including when it distributes Upgrades of the SDK. When these changes are made, LGE shall make the new version of this License Agreement available on the LGE web site where the SDK is made available. You shall have the obligation to check the LGE web site from time to time to review any changes to this License Agreement. Unless otherwise specified, such changes shall be effective when they are posted. By using the SDK after the occurrence of any such changes to this License Agreement, You agree to the changes.</p><br /><br> <p>7. Additional Restrictions.</p><br /><br> <p>7.1 Without limiting any of the other restrictions contained in this License Agreement, You may not access, download, install, use, export or re-export the SDK in violation of export laws, regulations or restrictions, or in violation of any other applicable laws, regulations or restrictions. You agree to comply with all export and import laws, regulations and restrictions of all applicable agencies and authorities, and not to directly or indirectly use the SDK, or any part thereof, in violation of any such laws, regulations or restrictions, or without all necessary licenses and approvals. You also agree that You shall not use SDK for any purposes prohibited by law, regulations or restrictions of any government.</p><br /><br> <p>7.2 In addition, and without limiting any other provision contained herein, You shall not do any of the following with the SDK:</p><br /><br> <p>(a) Create or promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware or other malicious programs or code, counterfeit goods, hate materials or materials urging acts of terrorism or violence; or</p><br /><br> <p>(b) Operate nuclear facilities, life support or other mission critical application where human life or property may be at stake.</p><br /><br> <p>7.3 You shall not use LG fonts which may be contained in the SDK to create any application or content with any device that is not manufactured by LGE.</p><br /><br> <p>8. Indemnification.</p><br /><br> <p>8.1 Notwithstanding any other term of this License Agreement or any act or failure to act by LGE, to the maximum extent permitted by law, You agree to and shall indemnify, defend and hold harmless LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns (the “LGE Indemnified Party”) from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages costs and expenses (including attorneys’ fees) arising out of or related to (a) Your or any other Authorized User’s use of the SDK, (b) any Application You or any other Authorized User develops that infringes upon, violates or misappropriates the rights of any third party, including, without limitation, any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any third party; (c) Your violation of any law, rule or regulation, and/or (d) any non-compliance or breach by You of this License Agreement.</p><br /><br> <p>8.2 You acknowledge that the SDK is not intended to be used in the development of any Application where death, personal injury, or severe physical or environmental damage could result from errors or inaccuracies in the content, data or information provided by the Application or by Application failures. To the extent permitted by law, You agree to indemnify, defend and hold harmless each LGE Indemnified Party from any Losses incurred by LGE Indemnified Party as a result of Your use of the SDK in the development of any such Applications.</p><br /><br> <p>8.3 You shall not enter into a settlement with any third party that affects LGE’s rights or binds LGE in any way related to or arising from You or any Authorized User’s use of the SDK without the prior written consent of LGE.</p><br /><br> <p>9. Disclaimer of Warranties.</p><br /><br> <p>9.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOADING, INSTALLATION AND USE OF THE SDK IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SDK AND ANY RELATED SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SDK AND ANY RELATED SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF LGE HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, NON-INTERFERENCE, NON-INFRINGEMENT AND ACCURACY. WITHOUT LIMITING THE FOREGOING, LGE DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SDK WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SDK OR RELATED SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS GIVEN BY LGE OR AN AUTHORIZED REPRESENTATIVE OF LGE SHALL CREATE A WARRANTY UNLESS EXPRESSLY INCORPORATED WITHIN THIS LICENSE AGREEMENT.</p><br /><br> <p>10. Limitation of Liability.</p><br /><br> <p>10.1 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LGE OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY THROUGH YOU FOR PERSOANL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR FOR LOSS OF PROFIT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, IN EACH CASE REGARDLESS OF WHETHER LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. FURTHER, IN NO EVENT SHALL LGE BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A LOSS OF DATA OR FILES, BY A COMPUTER VIRUS OR OTHER MALICIOUS ATTACK, OR BY A MALFUNCTION OR DEFECT IN THE SDK.<br /><br /><br> 10.2 THE SDK LICENSED HEREUNDER IS NOT DESIGNED OR INTENDED FOR USE TO ENABLE THE DESIGN OF APPLICATIONS USED IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCELAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE SDK COULD LEAD TO PERSONAL INJURY OR DEATH OR FOR USE IN ANY SECURIT-RELATED USE CASES. YOUR UNDERSTSANDING, ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS LICENSE AGREEMENT ARE THE LEGAL BASIS AND CONSIDERATION FOR THE LICENSES GRANTED UNDER IT.<br /><br /><br> 10.3 FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE SDK, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHICH IS NOT COVERED BY THE ABOVE PROVISIONS, THE TOTAL LIABILITY TO LGE AND ITS AFFILIATES TO YOU IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SDK.</p><br /><br> <p>11. Exclusions and Limitations.</p><br /><br> <p>11.1 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT BE APPLICABLE TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF LGE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</p><br /><br> <p>12. Release and Waiver.</p><br /><br> <p>12.1 To the maximum extent permitted by applicable law, You hereby release and waive all claims against LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns of every kind and nature arising from or in any way related to Your or any other Authorized Users’ downloading, installing and/or use of the SDK. If You are a California resident, You waive Your rights under California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by the foregoing release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You waive and relinquish any and all similar rights and benefits which You may have under any other laws, to the fullest extent permitted by law.</p><br /><br> <p>13. Confidentiality.</p><br /><br> <p>13.1 You shall not, without the prior written consent of LGE obtained in each instance, disclose any Confidential Information of LGE to any person or entity; provided, however, that any disclosure by You of LGE’s Confidential Information as and to the extent required to comply with judicial or administrative process shall not be deemed a breach of this License Agreement.</p><br /><br> <p>14. Assignment.</p><br /><br> <p>14.1 You shall not have the right to assign this License Agreement or any of Your rights hereunder, or to delegate any of Your obligations hereunder, whether in whole or in part; and any assignment or delegation in contravention of this section 14.1 shall be deemed void. LGE shall have the right to assign this License Agreement and any and all of its rights hereunder, and to delegate any and all of its obligations hereunder, to any third party.</p><br /><br> <p>15 Governing Law</p><br /><br> <p>15.1 This License Agreement shall be governed by the laws of the Republic of Korea without regard to conflict of law principles. All disputes, controversies and disagreements between the Parties arising out of or related to this License Agreement shall be exclusively submitted for, and finally settled by, arbitration. The arbitration shall be conducted by three (3) arbitrators exclusively in Seoul, the Republic of Korea, in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board. The Parties waive any objection that might be made on the ground that such venue may be in an inconvenient forum. The award rendered by the arbitrators shall be final and binding upon the Parties. Notwithstanding the foregoing provisions of this Section 15.1, in the event You infringe upon or violate the intellectual property rights of LGE or breach any of Your confidentiality obligations hereunder, LGE shall have the right to seek immediate injunctive or other equitable relief (or an equivalent type of urgent legal relief) in a court of competent jurisdiction.</p><br /><br> <p>16. Miscellaneous.</p><br /><br> <p>16.1 This License Agreement sets forth the entire understanding and agreement of the Parties related to the subject matter hereof and supersedes any and all oral and/or written agreements and understandings between the Parties related to the subject matter hereof. If any provision hereof is held for any reason to be unenforceable by a court of competent jurisdiction, such holding will not affect the validity and enforceability of the remaining provisions hereof. The failure or delay of LGE to exercise any right under this License Agreement shall not be deemed a waiver of any such right and shall not prevent LGE from demanding full and exact compliance with this License Agreement. Section headings used in this License Agreement are for the purpose of convenience only and shall not have any legal significance in interpreting the provisions hereof.</p><br /><br> <p>Last Updated on: 13 Oct 2014<br /><br /><br>

I have read and agree with the above terms and conditions

Before downloading the SDK, you must agree to the terms and conditions. Please read the following terms and conditions carefully before processding

Software Development Kit License Agreement</p><br /><br> <p>IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS USER LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING LG SOFTWARE DEVELOPMENT KIT , INCLUDING ANY UPDATES THERETO AND ANY RELATED DOCUMENTATION (COLLECTIVELY, THE “SDK”, AS MORE PARTICULARLY DEFINED BELOW). LG ELECTRONICS, INC. (“LGE”) IS WILLING TO LICENSE THE SDK TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE USING THE SDK (“YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND LGE. BY CLICKING THE “I AGREE” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR BY DOWNLOADING, INSTALLING AND/OR USING THE SDK, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.</p><br /><br> <p>YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SDK AND MAY NOT ACCEPT THIS LICENSE AGREEMENT IF YOU ARE PROHIBITED FROM DOING SO BY APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO, THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE OR GAIN ACCESS TO THE SDK.</p><br /><br> <p>YOU CERTIFY TO LGE AND AGREE THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE (AT LEAST 18 YEARS OF AGE IN MANY COUNTRIES) AND HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON YOUR OWN BEHALF.</p><br /><br> <p>IF YOU ARE AGREEING TO BE BOUND BY THIS LICENSE AGREEMENT ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY, YOU REPRESENT AND WARRANT TO LGE THAT YOU HAVE THE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THIS LICENSE AGREEMENT. IF YOU DO NOT HAVE THE REQUISITE AUTHORITY, YOU MAY NOT ACCEPT THIS LICENSE AGREEMENT OR DOWNLOAD, INSTALL OR USE THE SDK ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY.</p><br /><br> <p>IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CLICK THE “CANCEL” OR “I DO NOT AGREE” BUTTON OR OTHERWISE INDICATE YOUR REFUSAL, AND DO NOT DOWNLOAD, INSTALL OR USE THE SDK.</p><br /><br> <p>1. Definitions.</p><br /><br> <p>“Affiliate” means, as used with respect to a Party, any corporation or entity worldwide that controls such Party, that such Party Controls, or that is under common Control with such Party.</p><br /><br> <p>“Application” means a software application and accompanying documentation developed and distributed by You or on your behalf and used on the LGE products, any Android devices or any Windows devices under your own trademark or brand.</p><br /><br> <p>“Authorized Users” means You and, as applicable, Your employees or independent contractors who develop an Application and who require access to the SDK on a need-to-know basis to perform such development.</p><br /><br> <p>“Confidential Information” means any information relating to or disclosed in connection with this License Agreement, which is or should be reasonably understood to be confidential or proprietary to the disclosing Party, including, but not limited to, information about users, technical processes and formulas, source codes, product designs, sales, cost and other unpublished financial information, product and business plans, projections, and marketing data. “Confidential Information” shall not include any of the following: (a) information that is or becomes part of the public domain without violation of the confidentiality obligations in this License Agreement by the receiving Party; (b) information that was known to or in the possession of the receiving Party on a non-confidential basis prior to the disclosure thereof by the disclosing Party to the receiving Party; (c) information that was developed independently by the receiving Party, without use of or reference to the Confidential Information; (d) information that is disclosed to the receiving Party by a third party under no obligation of confidentiality to the disclosing Party and without violation of the confidentiality obligations hereunder by the receiving Party.</p><br /><br> <p>“Control” means direct or indirect ownership of fifty percent (50%) or more of the common stock or other voting interests in an entity.</p><br /><br> <p>“Intellectual Property Rights” means any and all rights, title and interest throughout the world in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or other intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority.</p><br /><br> <p>“OSS” means open source software subject to licenses (e.g., GNU General Public License or GNU Lesser/Library GPL) that require as a condition of use, copying, modification or distribution, that such software (including modifications or derivate works derived therefrom) be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge.</p><br /><br> <p>“Party” means You or LGE respectively, and “Parties” means You and LGE collectively.</p><br /><br> <p>“SDK” means, collectively, any software code, documentation, information, instructions, tutorials, runtime environments, testing environments, tools, APIs, files or other materials or elements or related items of an LG software development kit for the development of Applications, including all Updates, if any, and Upgrades, if any, thereto. For avoidance of any doubt, SDK is LGE’s proprietary information and software is considered neither as open source nor in the public domain.</p><br /><br> <p>“Update” means minor modification of existing software to address bug and error problems by making improvements to the current version of the software (e.g., going from v. 2.3 to 2.4 or adding a software patch or bug fix that does not change the version number).</p><br /><br> <p>“Upgrade” means significant modification of existing software to include new features, functionalities and releases, creating a new version of the software (e.g., going from v. 2.3 to 3.0).</p><br /><br> <p>2. Grant of SDK License.</p><br /><br> <p>2.1 Subject to the terms and conditions of this License Agreement, and provided that You are in compliance with this License Agreement, LGE grants to You a limited, worldwide, revocable, royalty-free, non-exclusive, non-transferable and non-sublicensable right and license to access, download, install and use a reasonable number of copies of the SDK on computers or other devices owned or controlled by You, for the sole purpose of Your and, if applicable, any other Authorized Users’ development and test of Applications.</p><br /><br> <p>2.2 Without limitation of any other provision contained herein, You will be liable for all failures of any other Authorized Users to comply with the terms, conditions, requirements and limitations set forth in this License Agreement.</p><br /><br> <p>2.3 This License Agreement is a license of the SDK and not an assignment. You acknowledge and agree that, as between You and LGE, LGE owns the SDK, any Update or Upgrade thereto and all Intellectual Property Rights therein. LGE reserves all rights not expressly granted to You hereunder.</p><br /><br> <p>2.4 You acknowledge and agree that an Application must satisfy LGE’s technical standards before it can be tested on the relevant LGE product pursuant to LGE’s internal quality assessment process. LGE reserves the right to reject any Application at its sole discretion. LGE’s testing of an Application shall not be construed as LGE’s approval on the Application on any aspect. If a material change is made to the Application, You must submit the revised version for LGE’s approval.</p><br /><br> <p>2.5 Except to the extent required by applicable law or third party licenses, neither You nor any other Authorized User shall copy (except for back-up purposes), modify, adapt, redistribute, decompile, decrypt, disassemble or reverse engineer the SDK or create derivative works of the SDK or any part of the SDK. Except to the extent required by applicable third party licenses, neither You nor any other Authorized User may load any part of the SDK onto a mobile handset or any other hardware device except a personal computer, combine any part of the SDK with other software or distribute any software or device incorporating a part of the SDK. Neither You nor any other Authorized User shall (a) use the SDK in any manner that is not permitted pursuant to this License Agreement or by law; (b) use the SDK in any way that violates or infringes the rights of any third party; or (c) authorize or assist any third party to carry out any action which is prohibited by this Section 2.5. LG E shall have the right to implement technological measures intended to ensure Your compliance with these restrictions and to otherwise prevent against Intellectual Property Rights infringement of the SDK. This License Agreement does not entitle You to receive support, telephone assistance or enhancements or Updates or Upgrades to the SDK from LGE.</p><br /><br> <p>2.6 Use, reproduction and distribution of components of the SDK licensed under an OSS license, if any, are governed solely by the terms of that OSS license and not this License Agreement. Notwithstanding the foregoing, You shall ensure that Applications developed hereunder do not incorporate any OSS in a manner which would cause any non-OSS portions of the SDK to be subject to any OSS licensing requirements.</p><br /><br> <p>2.7 You agree that the form and nature of the SDK may change without prior notice to You and that future versions of the SDK may be incompatible with Applications developed on previous versions of the SDK. You agree that LGE may stop (permanently or temporarily) providing the SDK, or any features within the SDK to You or to users generally, at LGE’s sole discretion, without prior notice to You.</p><br /><br> <p>2.8 Nothing in this License Agreement gives You any right to use any of LGE’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.</p><br /><br> <p>2.9 You agree that You shall not remove, obscure or alter any copyright, trademark or other proprietary rights notices that may be affixed to or contained within the SDK.</p><br /><br> <p>2.10 To the extent that an Application developed by You using the SDK collects and processes the personal and non-personal information of Users, You shall:<br /><br /><br> (a) Comply with all applicable laws and regulations relating to data protection and privacy;<br /><br /><br> (b) Put in place a privacy policy that informs Users of the types of information that may be collected and the purposes for which this information is collected and processed;<br /><br /><br> (c) Provide a mechanism for obtaining User consent to the collection and processing of their information in accordance with the User’s privacy policy before the collection of any such information;<br /><br /><br> (d) Not collect any information from Users (whether personal or otherwise) unless the appropriate consents have been given;<br /><br /><br> (e) Only collect, access and use User’s information to the extent necessary for providing the application;<br /><br /><br> (f) Put in place appropriate technical and organizational safeguards to secure and protect User information; and<br /><br /><br> (g) Indemnify LGE against any claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or related to any breach by You of this section 2.10.<br /><br /><br> 2.11 Applications may be rejected if they contain content or materials of any kind(including, but not limited to, text, graphics, images, photographs, sounds, etc.) that LGE reasonably determines to be objectionable or inappropriate, for example, materials that may be considered obscene, pornographic of defamatory.<br /><br /><br> 2.12 You acknowledge and agree that the SDK is not designed, intended, or certified for use in components of systems or Application intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, medical or life-support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, or for any other dangerous Application in which the failure of the SDK could create a situation where personal injury or death may occur. You understand that use of the SDK in such Applications is fully at Your risk.<br /><br /><br> 2. 13 From time to time during the Term, LGE may provide You with test versions of the SDK. You acknowledge and agree that You must not rely on such test versions to perform with data that is not sufficiently backed up on a regular basis.<br /><br /><br> 3. Data Collection.</p><br /><br> <p>3.1 Any information and data that LGE may collect from You or any other Authorized User when using the SDK shall be maintained and used by LGE in accordance with its Privacy Policy (http://developer.lge.com/footer/footer/RetrievePrivacyInfo.dev).</p><br /><br> <p>4. Third Party Applications.</p><br /><br> <p>4.1 If You use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, You agree that LGE is not responsible for those applications, data, content or resources. You understand that all data, content or resources which You may access through such third party applications are the sole responsibility of the person or entity from which they originated and that LGE is not liable for any loss or damage that You may experience as a result of the use of or access to any of those third party applications, data, content or resources. You acknowledge that Your use of such third party applications, data, content or resources may be subject to a separate agreement between You and the relevant third party. In such case, this License Agreement shall not affect Your legal relationship with such third party(ies).</p><br /><br> <p>4.2 If the Application is distributed, licensed or otherwise offered under the white-labeling of a third party, LGE may object to such distribution if LGE reasonably believes that the distribution of the Application cause adverse effect on LGE’s business and upon such objection, You shall immediately cease to distribute the Application and discuss in good faith to find an alternative which will be beneficial to both Parties.</p><br /><br> <p>5. Termination.</p><br /><br> <p>5.1 This License Agreement shall remain in effect until terminated by You or LGE as set forth below.</p><br /><br> <p>5.2 If You want to terminate this License Agreement, You shall have the right to do so by ceasing Your use of the SDK.</p><br /><br> <p>5.3 LGE shall have the right to terminate this License Agreement at any time for any reason. This License Agreement shall automatically terminate if (a) You breach this License Agreement in any manner; (b) LGE is required by law to terminate this License Agreement; (c) the relationship between LGE and LGE’s partner with whom LGE offers certain components of the SDK to you is terminated or such partner has ceased to offer certain components of the SDK to You; (d) LGE publicly posts a written notice of termination on its web site; (e) LGE sends a written notice of termination to You; (f) LGE no longer provides the SDK or certain parts of the SDK to users in the country in which You are a resident or from which You access the SDK; or (g) The provision of the SDK to You by LGE is, in LGE’s sole discretion, no longer commercially viable.</p><br /><br> <p>5.4 Upon termination of this License Agreement, You shall (a) automatically cease to have any rights with respect to the SDK, and (b) immediately cease all use of the SDK and destroy all copies thereof that are in Your possession or control. All provisions of this License Agreement, except for the grant of license in Section 2.1 above, shall survive the termination of this License Agreement.</p><br /><br> <p>6. Changes to the License Agreement.</p><br /><br> <p>6.1 LGE may make changes to this License Agreement at any time, including when it distributes Upgrades of the SDK. When these changes are made, LGE shall make the new version of this License Agreement available on the LGE web site where the SDK is made available. You shall have the obligation to check the LGE web site from time to time to review any changes to this License Agreement. Unless otherwise specified, such changes shall be effective when they are posted. By using the SDK after the occurrence of any such changes to this License Agreement, You agree to the changes.</p><br /><br> <p>7. Additional Restrictions.</p><br /><br> <p>7.1 Without limiting any of the other restrictions contained in this License Agreement, You may not access, download, install, use, export or re-export the SDK in violation of export laws, regulations or restrictions, or in violation of any other applicable laws, regulations or restrictions. You agree to comply with all export and import laws, regulations and restrictions of all applicable agencies and authorities, and not to directly or indirectly use the SDK, or any part thereof, in violation of any such laws, regulations or restrictions, or without all necessary licenses and approvals. You also agree that You shall not use SDK for any purposes prohibited by law, regulations or restrictions of any government.</p><br /><br> <p>7.2 In addition, and without limiting any other provision contained herein, You shall not do any of the following with the SDK:</p><br /><br> <p>(a) Create or promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware or other malicious programs or code, counterfeit goods, hate materials or materials urging acts of terrorism or violence; or</p><br /><br> <p>(b) Operate nuclear facilities, life support or other mission critical application where human life or property may be at stake.</p><br /><br> <p>7.3 You shall not use LG fonts which may be contained in the SDK to create any application or content with any device that is not manufactured by LGE.</p><br /><br> <p>8. Indemnification.</p><br /><br> <p>8.1 Notwithstanding any other term of this License Agreement or any act or failure to act by LGE, to the maximum extent permitted by law, You agree to and shall indemnify, defend and hold harmless LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns (the “LGE Indemnified Party”) from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages costs and expenses (including attorneys’ fees) arising out of or related to (a) Your or any other Authorized User’s use of the SDK, (b) any Application You or any other Authorized User develops that infringes upon, violates or misappropriates the rights of any third party, including, without limitation, any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any third party; (c) Your violation of any law, rule or regulation, and/or (d) any non-compliance or breach by You of this License Agreement.</p><br /><br> <p>8.2 You acknowledge that the SDK is not intended to be used in the development of any Application where death, personal injury, or severe physical or environmental damage could result from errors or inaccuracies in the content, data or information provided by the Application or by Application failures. To the extent permitted by law, You agree to indemnify, defend and hold harmless each LGE Indemnified Party from any Losses incurred by LGE Indemnified Party as a result of Your use of the SDK in the development of any such Applications.</p><br /><br> <p>8.3 You shall not enter into a settlement with any third party that affects LGE’s rights or binds LGE in any way related to or arising from You or any Authorized User’s use of the SDK without the prior written consent of LGE.</p><br /><br> <p>9. Disclaimer of Warranties.</p><br /><br> <p>9.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOADING, INSTALLATION AND USE OF THE SDK IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SDK AND ANY RELATED SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SDK AND ANY RELATED SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF LGE HAS BEEN MADE AWARE OF SUCH PURPOSE), TITLE, NON-INTERFERENCE, NON-INFRINGEMENT AND ACCURACY. WITHOUT LIMITING THE FOREGOING, LGE DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT THE OPERATION OF THE SDK WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SDK OR RELATED SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS GIVEN BY LGE OR AN AUTHORIZED REPRESENTATIVE OF LGE SHALL CREATE A WARRANTY UNLESS EXPRESSLY INCORPORATED WITHIN THIS LICENSE AGREEMENT.</p><br /><br> <p>10. Limitation of Liability.</p><br /><br> <p>10.1 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LGE OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY THROUGH YOU FOR PERSOANL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR FOR LOSS OF PROFIT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, IN EACH CASE REGARDLESS OF WHETHER LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. FURTHER, IN NO EVENT SHALL LGE BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A LOSS OF DATA OR FILES, BY A COMPUTER VIRUS OR OTHER MALICIOUS ATTACK, OR BY A MALFUNCTION OR DEFECT IN THE SDK.<br /><br /><br> 10.2 THE SDK LICENSED HEREUNDER IS NOT DESIGNED OR INTENDED FOR USE TO ENABLE THE DESIGN OF APPLICATIONS USED IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCELAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE SDK COULD LEAD TO PERSONAL INJURY OR DEATH OR FOR USE IN ANY SECURIT-RELATED USE CASES. YOUR UNDERSTSANDING, ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS LICENSE AGREEMENT ARE THE LEGAL BASIS AND CONSIDERATION FOR THE LICENSES GRANTED UNDER IT.<br /><br /><br> 10.3 FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE SDK, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHICH IS NOT COVERED BY THE ABOVE PROVISIONS, THE TOTAL LIABILITY TO LGE AND ITS AFFILIATES TO YOU IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SDK.</p><br /><br> <p>11. Exclusions and Limitations.</p><br /><br> <p>11.1 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT BE APPLICABLE TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF LGE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</p><br /><br> <p>12. Release and Waiver.</p><br /><br> <p>12.1 To the maximum extent permitted by applicable law, You hereby release and waive all claims against LGE and its Affiliates and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, successors and assigns of every kind and nature arising from or in any way related to Your or any other Authorized Users’ downloading, installing and/or use of the SDK. If You are a California resident, You waive Your rights under California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by the foregoing release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You waive and relinquish any and all similar rights and benefits which You may have under any other laws, to the fullest extent permitted by law.</p><br /><br> <p>13. Confidentiality.</p><br /><br> <p>13.1 You shall not, without the prior written consent of LGE obtained in each instance, disclose any Confidential Information of LGE to any person or entity; provided, however, that any disclosure by You of LGE’s Confidential Information as and to the extent required to comply with judicial or administrative process shall not be deemed a breach of this License Agreement.</p><br /><br> <p>14. Assignment.</p><br /><br> <p>14.1 You shall not have the right to assign this License Agreement or any of Your rights hereunder, or to delegate any of Your obligations hereunder, whether in whole or in part; and any assignment or delegation in contravention of this section 14.1 shall be deemed void. LGE shall have the right to assign this License Agreement and any and all of its rights hereunder, and to delegate any and all of its obligations hereunder, to any third party.</p><br /><br> <p>15 Governing Law</p><br /><br> <p>15.1 This License Agreement shall be governed by the laws of the Republic of Korea without regard to conflict of law principles. All disputes, controversies and disagreements between the Parties arising out of or related to this License Agreement shall be exclusively submitted for, and finally settled by, arbitration. The arbitration shall be conducted by three (3) arbitrators exclusively in Seoul, the Republic of Korea, in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board. The Parties waive any objection that might be made on the ground that such venue may be in an inconvenient forum. The award rendered by the arbitrators shall be final and binding upon the Parties. Notwithstanding the foregoing provisions of this Section 15.1, in the event You infringe upon or violate the intellectual property rights of LGE or breach any of Your confidentiality obligations hereunder, LGE shall have the right to seek immediate injunctive or other equitable relief (or an equivalent type of urgent legal relief) in a court of competent jurisdiction.</p><br /><br> <p>16. Miscellaneous.</p><br /><br> <p>16.1 This License Agreement sets forth the entire understanding and agreement of the Parties related to the subject matter hereof and supersedes any and all oral and/or written agreements and understandings between the Parties related to the subject matter hereof. If any provision hereof is held for any reason to be unenforceable by a court of competent jurisdiction, such holding will not affect the validity and enforceability of the remaining provisions hereof. The failure or delay of LGE to exercise any right under this License Agreement shall not be deemed a waiver of any such right and shall not prevent LGE from demanding full and exact compliance with this License Agreement. Section headings used in this License Agreement are for the purpose of convenience only and shall not have any legal significance in interpreting the provisions hereof.</p><br /><br> <p>Last Updated on: 13 Oct 2014<br /><br /><br>

I have read and agree with the above terms and conditions