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GermaniumWeb API Terms of Use ( for Free Use )

Updated 13 July, 2009

IMPORTANT - PLEASE READ THE AGREEMENT CAREFULLY


The GermaniumWeb API Terms of Use (“Terms”) is a legal agreement between You (EITHER an individual or on behalf of a business or government entity) and G Element Pte Ltd (“G Element”) for your use of the GermaniumWeb API (“API”), the GermaniumWeb API servers, accompanying documentation and sample codes (collectively known as the “API Service”).

By using the API Service, you agree to accept and be bound by the Terms.

You represent that you have the full legal authority to accept the Terms. If you are accepting on behalf of your employer or organisation, you represent that you have full legal authority to bind your employer or organisation to the Terms.

G Element reserves the right to make changes to the Terms from time to time. You are encouraged to review the Terms as posted on germanium3d.com from time to time. You understand and agree that if you use the API Service after the date on which the Terms have changed, you are deemed to have accepted the updated Terms.

1.

API Service License and Free Use

1.1 G Element grants you, at no charge, a limited, worldwide, royalty-free, non-exclusive, and non-transferable license to use the API Service as provided by G Element, subject to the conditions and limitations set forth below.
1.2 You may use the GermaniumWeb API Service to implement applications that are free and publicly accessible to Internet users. You may also require users to log in to your GermaniumWeb application as long as your application allows anyone to sign up as a user in general and users are not required to pay a fee.
1.3 You may use the GermaniumWeb API Service to implement applications that display and process information provided by sensors ( including but not limited to live cameras, location sensors, temperature sensors or others ), provided such applications are free and publicly accessible, subject to the warranties and limitations set forth.
1.4 You agree that your GermaniumWeb application must be accessible and usable by end-users only through the use of the GermaniumWeb Plugin software. You may wish to refer to the GermaniumWeb Plugin EULA for more information.
1.5 You agree that your GermaniumWeb application must only access and use GermaniumWeb API files that are hosted on official GermaniumWeb API Servers. You must not use any other copies of the GermaniumWeb API files, locally stored or otherwise, from any other sources to implement your applications.
1.6 Unless otherwise agreed in writing with G Element, your GermaniumWeb application must not:
(i)   require a fee-based subscription; or
(ii)  restrict access to an exclusive group of users ( by requiring a fee or otherwise); or
(iii) be used in internal networks or operating only behind a firewall; or
(iv) be used directly in a public kiosk that serves physical users of a building; or
(v)  be used in mission-critical systems.
1.7 If you intend to use the API Service for purposes as stated above in Clause 1.6, please contact our Licensing Department to find out more about our commercial licensing.
1.8 You may not separately publish, sell, market, distribute, loan, lease, rent, commercialize or sub-license the API Service. You may not reverse engineer, decompile, deactivate, decrypt, disassemble or otherwise attempt to discover the source code, underlying ideas, user interface techniques or algorithms of the API Service by any means whatsoever, directly or indirectly, or disclose any of the foregoing. You may not alter, deactivate, block or otherwise interfere with the API Service. You may not remove, obscure, replace or alter any copyright, brand, patent and other intellectual property markings that appear as a result of the API Service.
1.9 You agree to use the API Service only for purposes that are permitted by the Terms and any applicable law in the relevant jurisdictions. You may not use the API Service for any generally objectionable purposes, including but not limited to the purposes that:
(i)   interfere or disrupt G Element servers or networks connected to G Element services
(ii)  violate the privacy and legal rights of other persons;
(iii) promote or assist in any illegal or unlawful activities;
(iv) relate to pornography, drugs, alcohol or criminal violence;
(v)  transmit any viruses, worms, Trojan horses or any such harmful items
1.10 You agree that G Element may, at any time and at its discretion, impose or adjust the limit on the volume of accesses you may have on the API Service.
1.11 G Element reserves the sole right and discretion to determine if your use of the API Service is in compliance with the Terms.

2.

API Key and Account Information

2.1 You may only access the API Service by using the unique API Key assigned to you. The API Key is uniquely associated with your website url, which you are required to provide when you sign up for the API Key. Your GermaniumWeb application must embed the API Key in its web pages in order to access the API Service.
2.2 G Element reserves the right to block, deny or investigate accesses to the API Service using invalid API Keys or website urls.
2.3 You must notify G Element immediately if you encounter any unauthorized use of your API Key.
2.4 Privacy. Currently, the information that you provide to G Element (“Your Account Information”) when signing up for the API Key is used only for internal API Key management and private validation purposes between you and G Element. Your Account Information is never shared with third-parties without your permission, except when required by law.

3.

Intellectual Property

3.1 Title, ownership, rights, and intellectual property rights in and to the API Service shall remain that of G ELEMENT. The API Service is protected by the patent, copyright and other intellectual property laws of Singapore and international treaty provisions.
3.2 You acknowledge that your possession, installation, or use of the API Service does not transfer you any ownership, title or registrable interest of any kind to the intellectual property in the API Service, and that you will not acquire any rights to the API Service except as expressly set forth in this Terms.
3.3 Your Content. You acknowledge that in publicly providing your GermaniumWeb application to end users, you may be publishing certain content and building data in your GermaniumWeb application (“Your Content”), including content that is owned by you or which you have licensed from other third parties. You acknowledge that Your Content may be downloaded and cached on the end users’ computers and may be accessed by the end users independently using mechanisms provided by their operating systems. You agree that you are solely responsible for informing the end users on and enforcing the terms of use of Your Content. For avoidance of doubt, G Element shall not be liable for any consequences that arise from the use or mis-use of Your Content.
3.4 G Element does not claim ownership nor copyright on the derived works or content you implement using the API service. However, you acknowledge and agree to grant G Element an irrevocable, perpetual, transferable, free, non-exclusive, worldwide right to include information related to your GermaniumWeb application, including but not limited to screen shots, images, videos, titles and textual information derived from your GermaniumWeb application, in a public listing on its websites, such as an application gallery on germanium3d.com, and provide a URL link to your GermaniumWeb application.
3.5 You acknowledge and agree to grant G Element an irrevocable, perpetual, transferable, free, non-exclusive, worldwide license to use your trade names, trademarks, service marks, logo, domain names and other brand features owned by you to advertise that you are using the GermaniumWeb API Service.
3.6 You confirm and warrant to G Element that you have all the rights and authority required to grant the above rights and licenses.

4.

Advertisement

4.1 Currently, the API Service does not include any form of advertising. G Element reserves the right to include advertising in the GermaniumWeb plugin through the API Service provided to you. G Element will provide you with a thirty (30) days notice prior to the inclusion of advertising, through email or posting on germanium3d.com website.
4.2 If you do not wish to have any advertisements streamed or displayed on your application via the API Service, please contact our Licensing Department to find out more about our commercial licensing.

5.

Warranty Disclaimer

5.1 YOU AGREE THAT YOUR USE OF THE API SERVICE IS AT YOUR SOLE RISK. G ELEMENT HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE API SERVICE AND THAT THE API SERVICE IS BEING PROVIDED TO YOU 'AS IS' AND ‘AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND. G ELEMENT DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.2 The API Service is not fault-tolerant and are not designed or intended for use in hazardous or mission-critical environments requiring fail-safe performance, or any other application in which the failure of the API Service could lead directly to death, personal injury, or severe physical or property damage (“HIGH-RISK ACTIVITIES”). G ELEMENT expressly disclaims any express or implied warranty of fitness for HIGH-RISK ACTIVITIES.

6.

Limitation of Liability

6.1 YOU AGREE THAT YOU ARE SOLELY LIABLE FOR YOUR USE OF THE API SERVICE.
6.2 IN NO EVENT WILL G ELEMENT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS API SERVICE OR CESSATION OF THE API SERVICE BY G ELEMENT OR FEATURE CHANGES BY G ELEMENT OR TERMS OF USE CHANGES BY G ELEMENT, EVEN IF G ELEMENT OR THEIR AUTHORIZED REPRESENTATIVE(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN ADDITION, G ELEMENT WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.

7.

Indemnity

7.1 You agree to fully and completely indemnify and keep G Element and its partners, officers, directors, agents, affiliates and licensors indemnified against all losses, costs, legal costs, damages, liquired damages, expenses, fees, duties, charges, claims, demands and liabilities or whatsoever nature and howsoever suffered, sustained or incurred as a result of or in connection with your use of the API Service, your GermaniumWeb application or any breach of the Terms, in addition to and not in derogation of G Element’s entitlement to equitable reliefs including injunctions..

8.

API Updates and Support

8.1 G Element is not obligated to provide technical support or updates for the API Service. However, G Element may offer technical assistance, support or updates through online discussion forums, e-mail services, software updating services and/or other means. In such cases, no response time will be guaranteed. Any support or update provided will be deemed part of the API Service and governed by the Terms.
8.2 G Element reserves the right to update and release new versions of the GermaniumWeb API, and to require you to obtain and use the most updated version.

9.

Termination

9.1 You are responsible for strict compliance with the Terms of using the GermaniumWeb API Service. The Terms will continue to apply until terminated by either G Element or you.
9.2 You may terminate your legal agreement with G Element by ceasing the use of the API Service at any time and remove the API code from your GermaniumWeb application.
9.3 G Element may at any time terminate its legal agreement with you at its discretion without informing you in advance. Upon termination, you must cease the use of the API Service and remove all API code from your GermaniumWeb application.
9.4 Clauses (Warranty Disclaimer), (Limitation of Liabilities), (Indemnity) and (General Provisions) shall survive the termination of this agreement.

10.

General Provisions

10.1 You agree that the inaction by G Element to enforce any of the Terms shall not be construed as a waiver of its rights preventing subsequent enforcement of such provision or recovery or damages for breach thereof.
10.2 If any provision of the Terms is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
10.3 The Terms will be governed by the laws of Singapore. In the event of a dispute or legal action between the parties, you agree to waive any objections to personal jurisdiction, and agree to service of process and exclusive venue in the Courts of Singapore.
10.4 You agree that this is the entire agreement between you and G ELEMENT, which supersedes any prior agreement, whether written or oral, and all other communications between G ELEMENT and you relating to the subject matter of this Agreement.
10.5 All rights not expressly granted in the Terms are reserved by G ELEMENT.
10.6 Terms and conditions may change from time to time. You are encouraged to review the Terms as posted on germanium3d.com from time to time. G Element may provide you with notices by email, regular mail or postings on germanium3d.com.