OpenX’s SSP was built with one goal. It lets you fuse all of your demand into a single auction, so you get the maximum bid for each one of your impressions. This Demand Fusion technology gives you a huge advantage over traditional SSPs that make you choose to run your auction with either networks or real-time buyers instead of having both sources compete for your inventory. There’s no more wondering if you could have gotten a better price from the other channel. There’s only one channel.
In addition to fractured demand, traditional solutions come with the added disadvantage of ad server “hops,” which not only take more time but also often end in a complete impression loss. The OpenX SSP not only minimizes the limitations of an ‘ad networks or RTB’ decision, but it also executes the auction all from within the user’s browser.
OpenX’s SSP delivers on our promise to maximize publisher yield at every turn, and it also comes with the same advanced pricing and ad quality controls built across all of our products. You can also select various selling models, including private marketplaces, for your premium inventory and direct buyer relationships. You set the parameters for each campaign that support your business goals, and you can always rest assured that only the industry’s highest quality ads make it to your users. You’ll see the results through built-in reports that can be fully customized to show you the views that measure your top goals.
> To learn more about how OpenX’s SSP can help maximize yield for your business, contact us here.
These Mobile SDK License Terms and Conditions ("Terms") govern your use, on behalf of yourself in your personal capacity and/or any company you represent ("you" or "Company"), of the Mobile SDK ("SDK") provided by OpenX Technologies, Inc. if you are located in North America, Central America, South America, or the Caribbean, and by OpenX Ltd. if you are located elsewhere (in each case, "OpenX"). Please read these Terms carefully. By downloading, installing, activating or using this SDK, you are agreeing to be bound by these Terms and you represent and warrant that you have full legal authority to bind Company and yourself to these Terms. If you do not have the necessary authority, you may not download, install, activate or use the SDK.
1. License; Ownership. Subject to these Terms, OpenX grants Company a limited, revocable, non-assignable, non-sublicensable, non-exclusive license to use the SDK solely to develop applications ("Applications") that will direct ad calls to an OpenX service. As between OpenX and Company, OpenX owns all right, title and interest in and to the SDK, including any associated intellectual property rights. OpenX reserves all rights not expressly granted in these Terms and no other licenses, (express or implied) are granted by implication, estoppel, or otherwise. Company may not use the SDK for any purpose not expressly permitted by these Terms.
2. Use of Mobile SDK with OpenX Exchange and OpenX Ad Server. In order for Company's Applications to direct ad calls to an OpenX service, you must also enter into an agreement permitting your use of the OpenX Ad Exchange and/or the OpenX Ad Server (the "Services"). If you access the OpenX Ad Exchange without entering into a separate agreement, you are subject to the OpenX Ad Exchange terms found at http://openx.com/legal/ad-exchange-terms-conditions/. Your separate agreement(s) with OpenX for one or more Services will be referred to as the "Agreement".
4. Implementation. Company shall be solely responsible for ensuring that all hardware, software, networks, systems, and third-party services used by Company and its end users are compatible with the SDK and that its transmission and use of the SDK complies with all applicable laws and regulations including those concerning data protection, privacy, and the international transmission and use of computer software, such as all United States export laws and regulations.
5. Feedback. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the SDK or the Services, (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.
6. Disclaimer of Warranty. OPENX MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED. THE SDK IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE" AND OPENX DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SDK WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SDK WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE, RELIABLE OR FREE FROM LOSS; OR (D) THE SDK OR THE ASSOCIATED INFRASTRUCTURE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPENX EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NONINFRINGEMENT, COURSE OF DEALING OR PERFORMANCE.
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENX, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO COMPANY UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY COMPANY, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT OPENX OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
8. Indemnification. Company will defend, indemnify and hold harmless OpenX, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or related to (a) Company's use of the SDK, (b) any non-compliance by Company with these Terms, or (c) Company's products, services and technologies.
9. Termination. OpenX may terminate Company's use and access to the SDK without prior notice for any reason at any time. In the event of any termination, you will immediately cease use of the SDK.
10. Confidentiality. You will safeguard, protect, respect, and maintain as confidential the SDK, the underlying computer code to which you may obtain or receive access, and the functional or technical design, logic, or other internal routines or workings of the SDK, which are considered confidential and proprietary to OpenX. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such confidential information of OpenX in any manner. These non-disclosure obligations shall survive termination or expiration of these Terms.
11.1. These Terms, and the terms of any Agreement, are the entire agreement between Company and OpenX and govern your use of the SDK. Notwithstanding the foregoing, these Terms do not modify any other agreement between OpenX and Company. These Terms (and the rights contained) cannot be assigned or transferred by Company without OpenX's written consent. OpenX may assign these Terms in its sole discretion. If any provision of these Terms is held to be legally unenforceable, that provision shall be re-interpreted to be as close to the parties' intent as legally possible and the validity of the remaining provisions will not be affected. The parties are independent contractors and there are no third party beneficiaries. Any claims must be brought in the initiating party's individual capacity. You and Company voluntarily waive any right to act as a plaintiff or member in any class action or other similar proceeding.
11.2. OpenX may modify these Terms at any time and Company's continued use of the SDK will constitute its acceptance of the modified terms. Such modifications shall apply to Company's use of the SDK from that date on. Aside from such modifications, these Terms cannot be amended except by a writing signed by both parties.
11.3. A party's failure or delay to exercise any right will not operate as a waiver, nor will any single or partial exercise of any such right preclude any other exercise or the exercise of any other right, power or remedy.
11.4. These Terms are governed by the laws of the State of California, excluding conflicts of laws principles.
11.5. Any action arising under or related to these Terms will be resolved by litigation (and the parties hereby consent to personal jurisdiction) in the state or federal courts located in the County of Los Angeles, California. The prevailing party is entitled to reasonable attorneys' fees and costs.
11.6. You may not use OpenX's trademarks, trade names, service marks or logos, or do anything that implies that OpenX endorses you or your Application.
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