TERMS OF USE

Intellexer™ API Service

Terms Of Use November 25, 2015


TERMS OF USE

Intellexer™ API Service


PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES


This Intellexer™ API Terms of Use is a legal agreement between you (either an individual or a single entity) and EffectiveSoft Ltd. (“ EffectiveSoft ” ) and governs your use of the Intellexer™ API Service (“ Service ”, “ API ” or “ Intellexer™ API ”) provided by EffectiveSoft.

By accessing and using the Intellexer™ API, you accept and agree to be bound by the terms and provision of this agreement (“Terms of Use”). In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use the Intellexer™ API Service.

  1. License.

EffectiveSoft hereby grants you a worldwide, limited, non-exclusive and non-sublicensable license to access and use the Intellexer™ API Service as described below for personal or business purposes.

You may use the API for the sole personal or business purposes creating your own Server-based software, which includes the Intellexer™ API Service.

You shall not:

1.1 access or reverse engineer the Intellexer™ API Service in order to:

  1. build a competitive product or service,

  2. build a product using similar ideas, features, or functions of the Intellexer™ API Service, or

  3. copy any ideas, features, or functions of the Intellexer™ API Service;

1.2 publish or perform any benchmark or performance tests or analysis relating to the Intellexer™ API Service or the use thereof without express authorization from EffectiveSoft;

1.3 utilize the information provided by the Intellexer™ API Service to create a similar service, including but not limited to: text analysis services, retrieval, or entity extraction services, and content categorization services;

1.4 republish information provided by the Intellexer™ API Service in a bulk format;

1.5 use the Intellexer™ API Service to reproduce copyrighted materials;

1.6 make the Intellexer™ API Service available over a network (other than Intellexer™ API website) where it could be used by others;

1.7 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Intellexer™ API Service, features or ideas from the Intellexer™ API Service, or any portion of them;

1.8 circumvent any technology used by EffectiveSoft or its licensors to protect information accessible via the Intellexer™ API Service;

1.9 sell, rent, lease, transfer, or sublicense any of the Intellexer™ API Service;

1.10 utilize or enable a third party to utilize Intellexer™ API via any means that bypasses this agreement, including but not limited to: proxy servers, spiders, scraping robots, or other technology;

1.11 distribute, facilitate, or enable access to Intellexer™ API Service in any manner deemed by EffectiveSoft in its sole discretion to be objectionable or harmful to EffectiveSoft’s business or reputation;

1.12 use the Intellexer™ API Service in conjunction with deep packet inspection and/or any form of network surveillance technology;

1.13 use the Intellexer™ API Service to monitor Internet and/or other telecommunications traffic; or

1.14 use the Intellexer™ API Service in any way that violates the terms of this Agreement.

Attribution:

You are obliged to provide copyright information ( “powered by Intellexer™ API Service” with the link to the Intellexer™ API web site) for every processing result used or displayed.

EffectiveSoft grants you the right to use and modify the source code of the Intellexer™ API Usage Examples (API usage examples in different programming languages available on our Site) for the sole purposes of designing, developing, and testing the Intellexer™ API Service.

You may make and use an unlimited number of copies of any Intellexer™ API collateral documentation, provided by EffectiveSoft. Such copies shall be used only for the sole personal or business purposes and are not to be republished or distributed (either in hard copy or in electronic form) beyond premises.


  1. Modifications.

From time to time EffectiveSoft may modify these Terms Of Use and will post a copy of the amended Agreement at http://esapi.intellexer.com/Home/TermsOfUse . EffectiveSoft should inform you about such changes promptly. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Intellexer™ API Service during the 3 (three) months period. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Intellexer™ API Service after any amendments are posted on the Site.


  1. Confidential Information.

EffectiveSoft does not want to receive confidential or proprietary information from you through this website. Please note that any information, material or feedback submitted to this website will be deemed NOT to be confidential. EffectiveSoft may use for any purpose without restriction any feedback and suggestions that you or your end users provide. EffectiveSoft uses the information it collects from all of its services to provide, maintain, protect and improve them, to develop new ones, and to protect EffectiveSoft and its users. Information EffectiveSoft receives via your use of the Intellexer™ API Service shall not be subject to disclosure to third-parties or in the pursuit of advertising or any other commercial purposes. You represent and warrant you will obtain all required authorizations prior to providing the content, data, suggestions and feedback to the Intellexer™ API Service.


  1. Reservation of rights and ownership.

As between you and EffectiveSoft, you acknowledge that EffectiveSoft owns or has a license to all titles and copyrights in and to the Intellexer™ API Service. All titles and intellectual property rights in and to the content available through the Intellexer™ API Service is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

In order to improve or enhance the Intellexer™ API Services, or to develop new services, EffectiveSoft may use the content and data that you provide to the Intellexer™ API Service. By using the Intellexer™ API Service, you agree, and agree to notify your end users who use your application, that EffectiveSoft may internally access, , extract, compile, synthesize, analyze and otherwise make derivative works of your content and of your end user’s content and data to improve or enhance the Intellexer™ API Service, or to develop new services. Neither you nor your end users will be identified in any such enhancements or new services.

Please note that EffectiveSoft does not retain the raw textual content submitted to the Intellexer™ API Service and does not claim copyright or license for any submitted content.


  1. Registration.

In order to access the Intellexer™ API Service, you must register by completing the Intellexer™ API registration forms provided via the Intellexer™ API Site.

You agree to provide accurate, current, and complete information as may be prompted by the registration forms.

EffectiveSoft will provide you with an API Access Key that will enable you to access the Intellexer™ API Service.

You shall not:

  1. create or use multiple accounts.

  2. create or use multiple Intellexer™ API keys;

  3. pass private Intellexer™ API key or account details onto other persons or organizations.

Your use of this API Access Key is governed by this Terms of Use. Failure to abide by these terms may result in the termination of your access to Intellexer™ API Service.


  1. Fees and payments

EffectiveSoft reserves the right to charge fees for future use of or access to the Intellexer™ API Service.


  1. Service improvements.

EffectiveSoft may periodically modify the Intellexer™ API Service in order to improve its functionality and performance.


  1. Product support services.

EffectiveSoft may provide you with product support services related to the Service.

Product support services are subject of a separate agreement.


  1. Links to third party sites.

You may link to third party sites through the use of the Intellexer™ API Service. The third party sites are not under the control of EffectiveSoft, and EffectiveSoft is not responsible for the content of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. EffectiveSoft is not responsible for webcasting or any other form of transmission received from any third party sites. Any links provided to you through the use of the Service do not imply an endorsement by EffectiveSoft of the third party site.


  1. Termination.

10.1 Without prejudice to any other rights, EffectiveSoft may terminate this Agreement, if you fail to comply with these Terms of Use. In such event, you must immediately destroy all copies of downloaded materials and terminate using of the Intellexer™ API Service.

10.2 EffectiveSoft may terminate this Agreement at any time, for any reason or no reason, with notice to you. In this case, you must destroy all downloaded materials from the Service.

10.3 EffectiveSoft will not be liable for any costs, expenses, or damages as a result of the Intellexer™ API Service termination.


  1. Indemnification.

You agree to indemnify, defend and hold EffectiveSoft, its officers, its shareholders, its partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Intellexer™ API Service.


  1. Disclaimer of warranties.

12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFFECTIVESOFT PROVIDES THE INTELLEXER™ API SERVICE AS IS AND WITH ALL FAULTS. EFFECTIVESOFT DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SERVICE.

12.2 “THE INTELLEXER™ API SERVICE AS IS” MEANS THAT EFFECTIVESOFT WILL NOT ACCEPT ANY CLAIMS TO THE SERVICE CONNECTED WITH THE FOLLOWING:

ACCURACY OF INFORMATION PROCESSING;

QUALITY OF INFORMATION EXTRACTION;

QUALITY OF PLAIN TEXT EXTRACTION FROM DIFFERENT FILE FORMATS AND SOURCES;

OTHER SUBJECTIVE ASPECTS OF COMPUTER-BASED UNDERSTANDING OF THE DOCUMENTS.


  1. Limitation of liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EFFECTIVESOFT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE INTELLEXER™ API, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF EFFECTIVESOFT, AND EVEN IF EFFECTIVESOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


  1. Applicable law.

This Agreement shall be construed in accordance with, and all actions arising hereunder shall be governed by the laws of the Republic of Belarus.


  1. Entire agreement .

This Agreement is the entire agreement between you and EffectiveSoft relating to the Service and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Intellexer™ API Service or any other subject matter covered by this Agreement. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.


  1. General.

16.1 This Agreement does not create any partnership or joint venture between the Parties. While you may publicly refer to the fact that you have implemented the Intellexer™ API Service, you agree not make any other public statements that assert or imply any other relationship with EffectiveSoft, unless you have EffectiveSoft prior written approval.

16.2 In the event of any dispute between the Parties, any dispute resolution process, including but not limited to arbitration, mediation or litigation, shall take place in, and the Parties hereby submit and consent to jurisdiction and venue in, your country of residence or business .

16.3 A breach of this Agreement by you will result in irreparable and continuing damage to EffectiveSoft for which there will be no adequate remedy at law and you shall be entitled to injunctive relief and/or decree for specific performance and such other and further relief as may be available at law, in equity, or otherwise.

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