Terms of Service
API LICENSE AGREEMENT
THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ IT CAREFULLY.
IF YOU HAVE ANY QUESTIONS OR COMMENTS TO THIS AGREEMENT,
PLEASE CONSULT YOUR ATTORNEY. YOU MAY ALSO CONTACT US AT
email@example.com, +43 (1) 904 21 65 - 333
PRIOR TO ACCEPTING THESE TERMS.
GRANT OF LICENSE
Subject to your ("Licensee's") full compliance with all of the terms and conditions
of this API Agreement ("Agreement"), the easyrec, a product of
Research Studios Austria Forschungsgesellschaft mbH
(Studio Smart Agent Technologies) Thurngasse 8/2/16 A-1090 Vienna
grants Licensee a non-exclusive, revocable, nonsublicensable,
nontransferable license to use the following easyrec's application
program interfaces and other materials provided by easyrec and the
results and proceeds thereof (collectively, "APIs"):
(a) "REST Webservices," The easyrec's recommendation application and the results
and proceeds thereof, solely to develop consumer-facing web-based applications
a single public website. "PLUGINS," The easyrec's plugins for open
source web applications and the results and proceeds thereof
(including xml files and all other renderings of the service) to develop,
reproduce and distribute non-commercial applications that interoperate with.
For the avoidance of doubt, display/distribution of any such program
on a website with third party advertising is a commercial
purpose not permitted by this license.
Licensee may not install or use the APIs for any other purpose
without easyrec's prior written consent. Licensee shall not use the
APIs in connection with or to promote any products, services, or materials
that constitute, promote or are used primarily for the purpose of illegal
activities or activities in conflict with established industry norms
(to be determined at easyrec's sole reasonable discretion).
Use of the APIs for purposes that support, encourage or induce copyright
infringement is strictly prohibited.
1. ATTRIBUTION REQUIREMENTS
Licensee must display attribution in and on all embodiments and uses of the APIs,
including, but not limited to Licensee's web site in a manner consistent with the
following guidelines: All uses of the APIs must prominently display the easyrec Logo
along with a link to
using the standard linking format on each page of such website displaying data provided by the APIs.
2. OTHER RESTRICTIONS
Except as expressly and unambiguously authorized under this Agreement, Licensee may not
(i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile
(except to the limited extent expressly authorized by applicable statutory law), modify,
create derivative works from, or alter any part of the APIs,
(ii) crawl, spider, index or
in any non-transitory manner store or cache information obtained from the APIs or (ii)
otherwise use the APIs on behalf of any third party. easyrec reserves the right to make
any and all alterations to the APIs and applicable service levels. This Agreement does
not include any right for Licensee to use any trademark, service mark, trade name or any
other mark of easyrec or any other party or licensor except in accordance with attribution
requirements herein. No rights or licenses are granted except as expressly and unambiguously
set forth herein. If Licensee violates any of the foregoing restrictions, Licensee agrees
that, as liquidated damages, easyrec shall be entitled to 100% of any and all revenue or
other consideration earned and/or received by Licensee in connection with any such violation,
without limiting other rights and remedies available. Licensee hereby agrees to make all
assignments necessary to accomplish the foregoing.
3. PROPRIETARY RIGHTS
As between easyrec and Licensee, the APIs and all intellectual
property rights in and to the APIs are and shall at all times
remain the sole and exclusive property of easyrec and are protected by
applicable intellectual property laws and treaties. Licensee acknowledges
that all recommendation data (including, without limitation, similar artists,
recommended artists) provided by the APIs are the sole property of easyrec.
4. LICENSE TO easyrec
Licensee hereby grants to easyrec the non-exclusive right and license to display,
promote and link to all websites using the APIs, provided that easyrec shall
(i) give Licensee notice of such display/distribution
(ii) attribute the work to Licensee and include a url or other contact information
for Licensee as reasonably determined by easyrec in its sole discretion.
Licensee further grants to easyrec an irrevocable, non-exclusive license to
any and all data provided by Licensee to easyrec in connection with Licensee's
use of the APIs, including without limitation, any user data.
Licensee represents and warrants that all such data provided by
Licensee to easyrec shall not violate any third party rights.
5. WARRANTY DISCLAIMER
THE APIs ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, easyrec AND ITS VENDORS
EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
REGARDING THE APIs, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT,
AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, easyrec DISCLAIMS ANY
WARRANTY THAT LICENSEE'S USE OF THE APIs WILL BE UNINTERRUPTED OR ERROR FREE.
6. SUPPORT AND UPGRADES
This Agreement does not entitle Licensee to any support for the APIs,
unless Licensee makes separate arrangements with easyrec in writing and meets
all obligations under such separate arrangements. Any such support provided
by easyrec shall be subject to the terms of this Agreement.
7. LIABILITY LIMITATION
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL
PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL easyrec
OR ITS VENDORS, BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY UNDER ANY TORT,
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION,
INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE APIs,
EVEN IF easyrec HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES
AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING
OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR
AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION,
easyrec DISCLAIMS ALL LIABILITY OF ANY KIND OF easyrec'S VENDORS.
Licensee agrees that easyrec shall have no liability whatsoever for any use
Licensee makes of the APIs. Licensee shall indemnify and hold harmless easyrec
from any and all claims, damages, liabilities, costs and fees
(including reasonable attorneys' fees) arising from Licensee's use of the APIs.
9. TERM AND TERMINATION
This Agreement shall continue until terminated as set forth in this Section.
Either party may terminate this Agreement at any time, for any reason,
or for no reason including, but not limited to, if Licensee violates any
provision of this Agreement. Any termination of this Agreement shall also
terminate the license granted hereunder. Upon termination of this Agreement
for any reason, Licensee shall destroy and remove from all computers,
hard drives, networks, and other storage media all copies of the APIs,
and shall so certify to easyrec that such actions have occurred. easyrec
shall have the right to inspect and audit Licensee's facilities to confirm
the foregoing and to conduct an audit to confirm any use of the APIs are
non-commercial. Sections 6 through 11 and all accrued rights to payment
shall survive termination of this Agreement.
10. FAIR USE
Since easyrec's evaluation service is for free, easyrec claims the right
to limit the traffic for any registered account. If a predefined
maximum of actions per month is reached, easyrec will revoke all incoming
actions until the end of the month. The maximum number of allowed actions
depends on the overall traffic produced by all accounts.
This Agreement constitutes the entire agreement between Licensee and easyrec
pertaining to the subject matter hereof, and supersedes any and all written or
oral agreements with respect to such subject matter. This Agreement, and any
disputes arising from or relating to the interpretation thereof, shall be
governed by and construed under Austrian law as such law applies to
agreements between Austrian residents entered into and to be performed
within Austria by two residents thereof and without reference to its
conflict of laws principles or the United Nations Conventions for the
International Sale of Goods. Except to the extent otherwise determined by
easyrec, any action or proceeding arising from or relating to this Agreement
must be brought in state court
in Austria and each party irrevocably submits to the jurisdiction and
venue of any such court in any such action or proceeding, waiving any
objections to such venue, including forum non conveniens. The prevailing
party in any action arising out of this Agreement shall be entitled to an
award of its costs and attorneys' fees. This Agreement may be amended only
by a writing executed by easyrec. If any provision of this Agreement is
held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable. The failure of easyrec
to act with respect to a breach of this Agreement by Licensee or others
does not constitute a waiver and shall not limit easyrec's rights with
respect to such breach or any subsequent breaches. This Agreement is
personal to Licensee and may not be assigned or transferred for any reason
whatsoever (including, without limitation, by operation of law, merger,
reorganization, or as a result of an acquisition or change of control
involving Licensee) without easyrec's prior written consent and any action
or conduct in violation of the foregoing shall be void and without effect.
easyrec expressly reserves the right to assign this Agreement and to
delegate any of its obligations hereunder.
By clicking the "Register" button, you signal your acceptance of the Terms of Service
governing the use of easyrec Developer Network's Web Services and APIs.
You will then receive your Developer Key.
easyrec's Terms of Service, 1st of March, 2010