Effective Date: June 05, 2018
When using the Intellexer™ API, you may not:
1. Use the Intellexer™ API or allow any end user to use the Application in any way that violates the terms of this Agreement and (or) applicable laws;
2. Use the Intellexer™ API in a way that could impair, harm or damage EffectiveSoft, any EffectiveSoft service or application, or anyone’s use of the Intellexer™ API, service or application;
3. Use the Intellexer™ API to disrupt, interfere with, or attempt to gain unauthorized access to services, servers, or networks connected to or which can be accessed via the Intellexer™ API;
4. Distribute, facilitate, or enable access to the Intellexer™ API in any manner deemed by EffectiveSoft in its sole discretion to be objectionable or harmful to EffectiveSoft’s business or reputation;
5. Use the Intellexer™ API in any way that threatens the integrity, performance or reliability of the Intellexer™ API or any EffectiveSoft product or service, including performance or stress testing, or in any manner that works around any technical limitations in the Intellexer™ API;
6. Request from the Intellexer™ API any information outside any permissions granted by the user of your Application, if the Intellexer™ API requires permissions;
7. Falsify or alter any unique referral identifier in, or assigned to an Application, or otherwise obscure or alter the source of queries coming from the Application;
8. Access or reverse engineer, decompile or disassemble, translate, modify the Intellexer™ API or create derivative works based on the Intellexer™ API, features or ideas from the Intellexer™ API, or any portion of them;
9. Redistribute, sell or resell, rent, lease, transfer, sublicense any of the Intellexer™ and (or) access to it;
10. Build a product or service, which may compete with the Intellexer™ API;
11. Build a product using similar ideas, features, or functions of the Intellexer™ API;
12. Copy any ideas, features, or functions of the Intellexer™ API;
13. Publish or perform any benchmark or performance tests or analysis relating to the Intellexer™ API or the use thereof without express authorization from EffectiveSoft;
14. Utilize the information provided by the Intellexer™ API to create a similar service, including but not limited to: text analysis services, retrieval, or entity extraction services, and content categorization services;
15. Republish information provided by the Intellexer™ API in a bulk format;
16. Use the Intellexer™ API to reproduce copyrighted materials;
17. Make the Intellexer™ API available over a network (other than the Intellexer™ API website) where it could be used by others;
18. Circumvent any technology used by EffectiveSoft or its licensors to protect information accessible via the Intellexer™ API;
19. Utilize or enable a third party to utilize the Intellexer™ API via any means that bypasses this agreement, including but not limited to: proxy servers, spiders, scraping robots, or other technology;
20. Use the Intellexer™ API in conjunction with deep packet inspection and/or any form of network surveillance technology;
21. Use the Intellexer™ API to monitor Internet and/or other telecommunications traffic.
When using the Intellexer™ API, you may:
1. 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 at http://esapi.intellexer.com ) for the sole purposes of designing, developing, and testing the Intellexer™ API.
2. You may make and use an unlimited number of copies of any Intellexer™ API collateral documentation provided by EffectiveSoft at http://esapi.intellexer.com/Home/Help . Such copies shall be used only for the sole personal or business purposes to create the Application and are not to be republished or distributed (either in hard copy or in electronic form) beyond your premises.
1.3. EffectiveSoft Brand Use License & Guidelines.
1. You must provide copyright information (“powered by Intellexer™” with the link to the Intellexer™ API web site “ http://esapi.intellexer.com “) for every processing result used or displayed.
3. You may not:
(i) Use or display the EffectiveSoft Trademark in any way that is misleading, infringing or otherwise objectionable to EffectiveSoft in its sole discretion;
(ii) Redistribute, sell or resell, rent, lease, transfer, sublicense the EffectiveSoft Trademark and (or) permit any third party to use the EffectiveSoft Trademark in any manner without EffectiveSoft’s prior written consent;
(iii) Use the EffectiveSoft Trademark in connection with products not related to the Application;
(iv) Alter, animate, or distort the EffectiveSoft Trademark or combine it with any other symbols, words, images, or designs, or incorporate them into a tagline or slogan.
You warrant that your Application has been developed to operate with the Intellexer™ API content in a secure manner. Your network, operating system and the software of your servers, databases, and computer systems must be properly configured to securely operate your Application and store content collected through your Application (including the Intellexer™ API content). Your Application must use reasonable security measures to protect the private information of your users.
4. Confidential Information. Feedback.
You may be given access to certain non-public information, software, and specifications relating to the Intellexer™ API (“Confidential Information”), which is confidential and proprietary to EffectiveSoft. You may use Confidential Information only as described below. You are not entitled to disclose any Confidential Information to any third party at any time, as well as to use the Confidential Information for the purposes other than for performance of this Agreement. You shall protect the Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information.
If you give feedback about the Intellexer™ API to EffectiveSoft, you give to EffectiveSoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires EffectiveSoft to license its software or documentation to third parties because EffectiveSoft includes your feedback in them. These rights survive this agreement.
EffectiveSoft has obtained all required rights, including the right to sub-license, to the Intellexer™ API under a license agreement between EffectiveSoft and the copyright owner of the Intellexer™ API. The copyright owner of the Intellexer™ API is EffectiveSoft Limited, a company registered at 22-18 Moskovskaya St., Minsk, Republic of Belarus, 220007. You acknowledge that all intellectual property rights within the Intellexer™ API remain the property of the copyright owner. All rights not expressly granted herein are reserved by the copyright owner and (or) EffectiveSoft.
In order to access the Intellexer™ API, you must register by completing the Intellexer™ API registration forms provided via the Intellexer™ API Website ( https://www.intellexer.com/register.php ).
You agree to provide accurate, current, and complete information as may be prompted by the registration forms.
EffectiveSoft and (or) the copyright owner of the Intellexer™ API will provide you with an API Access Key that will enable you to access the Intellexer™ API.
You may not:
Fees and payments are provided at https://www.intellexer.com/intellexer_api.html.
EffectiveSoft may provide you with product support services related to the Intellexer™ API Service. Product support services are subject of a separate agreement.
You may link to third party sites through the use of the Intellexer™ API. 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 Intellexer™ API do not imply an endorsement by EffectiveSoft of the third party site.
11.5. Upon termination, all licenses granted herein immediately expire and you must immediately cease use of the Intellexer™ API and immediately destroy all copies of downloaded materials.
13.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFFECTIVESOFT AND (OR) THE COPYRIGHT OWNER PROVIDE THE INTELLEXER™ API SERVICE AS IS AND WITH ALL FAULTS. EFFECTIVESOFT AND (OR) THE COPYRIGHT OWNER DISCLAIM 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, SATISFACTORY QUALITY, 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, AND NON-INFRINGEMENT, ALL WITH REGARD TO THE INTELLEXER™ API. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DON'T GUARANTEE INTELLEXER™ API WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR. 13.2. “THE INTELLEXER™ API AS IS” MEANS THAT WE 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.
This Agreement shall be construed in accordance with, and all actions arising hereunder shall be governed by the laws of California, USA without reference to or inclusion of the principles of choice of law or conflicts of law of that jurisdiction.
This Agreement is the entire agreement between you and EffectiveSoft relating to the Intellexer™ API and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Intellexer™ API 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.
17.1. 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, you agree not make any other public statements that assert or imply any other relationship with EffectiveSoft, unless you have EffectiveSoft prior written approval.
17.2. 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, California, the USA.
17.3 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 EffectiveSoft 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.