AUDIOBURST API LICENSE AGREEMENT
This AudioBurst API License Agreement (“Agreement”) is made between you (either an individual or an entity, referred to herein as “you”) and Audioburst Ltd., Company Number 515275394, an Israeli company (“AudioBurst”) and it governs your access to and use of the Licensed Material (as defined below). It is made pursuant to your request to register to the AudioBurst application programming interface program (the “AudioBurst API Program”) and as a condition to its approval.
AudioBurst developed and allows access to an application programming interface that enables members of its AudioBurst API Program to develop software application that can refer to the AudioBurst Engine (as defined below), submit queries and receive certain responses, all under the terms and conditions hereof.
If AudioBurst believes you or your users are using the Licensed Material in any way that undermines AudioBurst’s business interests, AudioBurst may, at its sole discretion, discontinue your participation in the AudioBurst API Program and your access to the Licensed Material, including your license to use the AudioBurst API.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY, INCLUDING WITHOUT LIMITATION ANY LINKED TERMS AND CONDITIONS APPEARING OR REFERENCED BELOW, WHICH ARE HEREBY MADE PART OF THIS API LICENSE AGREEMENT. BY USING THE LICENSED MATERIAL, YOU ARE AGREEING THAT YOU HAVE READ, AND THAT YOU AGREE TO COMPLY WITH AND TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR OTHERWISE USE THE LICENSED MATERIAL. THIS AGREEMENT IS EFFECTIVE AS OF THE FIRST DATE THAT YOU USE THE LICENSED MATERIAL (“EFFECTIVE DATE”).
IF YOU ARE AN INDIVIDUAL REPRESENTING AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY. YOU MAY NOT USE THE LICENSED MATERIAL AND MAY NOT ACCEPT THIS AGREEMENT IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH AUDIOBURST, OR IF YOU ARE BARRED FROM USING OR RECEIVING THE LICENSED MATERIAL UNDER APPLICABLE LAW.
III. AudioBurst API and Content
Any Application developed using the Licensed Material must comply with the API Documentation and with the following guidelines:
You acknowledge that AudioBurst may update or modify the Licensed Material from time to time, and at AudioBurst’s sole discretion (in each instance, an “Update”). You are required to implement and use the most current version of the Licensed Material and to make any changes to your Application that are required as a result of such Update, at your sole cost and expense. Updates may adversely affect the manner in which your Application operates, or access or communicate with the Licensed Material. Your continued access or use of the Licensed Material following an update or modification will constitute a binding acceptance of the Update.
VII. AudioBurst Monitoring and Use of Information.
VIII. Ownership and Feedback
This Agreement shall enter into effect upon the earliest of its approval by you or upon your initial access to the Licensed Material, and unless terminated earlier by AudioBurst in accordance herewith, shall remain in effect for the duration of your Application’s use of the Licensed Material as permitted hereunder. AudioBurst may immediately terminate or suspend this Agreement, any rights granted herein, and/or your license to the Licensed Materials and the AudioBurst Marks, at its sole discretion at any time, for any reason by providing notice to you. You may terminate this Agreement at any time by providing written notice to AudioBurst at [firstname.lastname@example.org]. Upon termination of this Agreement, all licenses granted herein shall immediately expire and you must cease all use of all Licensed Materials, the Credentials, and the AudioBurst Marks. The parties to this Agreement will not be liable to each other for any damages resulting solely from termination of this Agreement as permitted under this Agreement. Sections I, II, IV, V, VII, VIII, IX and X of this Agreement will survive the termination of this Agreement.
You may be given access to certain non-public information, software, and specifications relating to the Licensed Material and the AudioBurst Marks (“Confidential Information”), which is confidential and proprietary to AudioBurst. You may use this Confidential Information only as necessary in exercising your rights granted in this Agreement. You may not disclose any of the Confidential Information to any third party without AudioBurst’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care.