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The following agreement applies to the use of the Application Programming Interface (hereinafter COPY-IDENT-API) of COPY-IDENT GmbH, Dresdener Str. 31, 10179 Berlin (hereinafter COPY-IDENT). This agreement supplements and incorporates into the COPY-IDENT Terms of Use.
1.1 COPY-IDENT-API is any application programming interface provided by COPY-IDENT to third parties. It can be provided as User-API or Business-API.
1.2 Licensed Material is any data that is provided by COPY-IDENT through the COPY-IDENT-API as well as documentation material.
1.3 COPY-IDENT platform is the website where the COPY-IDENT services are offered.
1.4 COPY-IDENT-App is the user platform accessible via the COPY-IDENT platform. It allows users to view their customer account, upload images and view the results of the COPY-IDENT image search engine and to assert their rights.
1.5 COPY-IDENT services includes all services offered by COPY-IDENT, in particular the COPY-IDENT platform, the COPY-IDENT app, the COPY-IDENT image search engine and the possibility to order claims.
1.6 Users within the meaning of this agreement are those who use the services offered by COPY-IDENT on the COPY-IDENT platform.
1.7 Licensee is the person or legal entity to whom or to which a license of the COPY-IDENT-API under the provisions of this agreement is granted.
2.1 Any COPY-IDENT-API allows the licensee to access the data that are provided by the COPY-IDENT-Services. The COPY-IDENT-API allows the licensee to create commercial and non-commercial API clients, such as widgets, plugins, add-ons, extensions, web services, or other APIs, that allow end licensees to: (a) access the COPY-IDENT App; (b) upload pictures to the COPY-IDENT platform (c) use the COPY-IDENT services.
2.2 COPY-IDENT-API is offered in two kinds of API, that differ in their scope of use. The User-API is offered to anybody who registers to the COPY-IDENT platform. With the User-API only the licensee’s data can be accessed. The Business-API is granted upon application and offers the licensee the possibility to create new users within his account. Through the Business-API the licensee can access his own and the account’s users’ data.
3.1 To request an User-API, the licensee must register on the COPY-IDENT platform and create an user account. The registration on the COPY-IDENT platform follows the General terms and conditions applicable at the date of the registration. After the registration, an API-Key can be generated in the user account.
3.2 To request a Business-API, the licensee must register on the COPY-IDENT platform and create an user account. The registration on the COPY-IDENT platform follows the General terms and conditions of use applicable at the date of the registration. After registration, the licensee can contact COPY-IDENT and apply for a Business-API. After COPY-IDENT examined the application, the licensee will be provided with an API-Key and granted a Business-API.
3.3 COPY-IDENT may reject any request to use the API for any reason and/ or invalidate an API-Key at any time.
4.1 COPY-IDENT grants the licensee a limited, personal, revocable, non-exclusive, non-transferable, royalty free license to the licensed material and to use the COPY-IDENT-API, subject to the restrictions below and further subject to the licensee’s compliance with the terms of this agreement. This license is for development use only.
4.2 The license granted in sec. 3.1 is subjected to the following restrictions:
i. The COPY-IDENT-API may under no circumstances be used by or for companies, employees or persons that are planning or running a service that in any means competes with the COPY-IDENT service or offers same services as COPY-IDENT.
ii. The licensee must secure all transfer of account information and related data using a minimum of 256 Bit SSL encryption.
iii. The licensee must not attempt to mislead or conceal his identity or the identity of his API Client.
iv. The API Client must not, and the licensee must not use the licensed materials to develop an API Client that constitutes, promotes, contains, transmits, or is used in connection with spyware, adware, viruses, worms, Trojan horses, or other malicious programs or code.
v. The licensee must not use the licensed materials in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
vi. The licensee must not use the licensed materials in a manner that adversely impacts, interferes with, or disrupts COPY-IDENT'S website or servers, or use an unreasonable amount of bandwidth. COPY-IDENT may, at any time and without notice, limit the number and manner of queries the licensee sends via the API.
vii. Except as permitted in this agreement, the licensee may not sell, lease, or derive revenue from the licensed materials or access thereto.
viii. The licensee must not use COPY-IDENT'S trademarks, service marks, logos, or domain names in any manner that implies a relationship or affiliation with, sponsorship, certification or endorsement by COPY-IDENT, other than the licensee’s use of the COPY-IDENT-API.
ix. The licensee must not cache or store any data obtained via the COPY-IDENT-API other than for reasonable periods and no longer than as necessary to operate the API Client.
x. The licensee must not use the COPY-IDENT-API to demonstrate a comparison between COPY-IDENT and its competitors in relation to pricing or any other aspect, or to otherwise promote the goods or services of any COPY-IDENT competitor.
xi. The licensee is not permitted to distribute, assign, transfer, or sublicense any right to use the COPY-IDENT-API, either in whole or part, to any third party.
xii. The licensee agrees to not reverse engineer any aspect of the COPY-IDENT service or COPY-IDENT confidential and proprietary materials.
5.1 COPY-IDENT may change, suspend, or discontinue the COPY-IDENT-API any time without prior notice.
5.2 COPY-IDENT may terminate the agreement at any time and without prior notice.
5.3 Upon the termination of the agreement, all license rights granted herein automatically terminate and the licensee must promptly remove the COPY-IDENT-API from his API Client.
6.1 The licensed material is confidential and proprietary to COPY-IDENT, and may include COPY-IDENT trade secrets. The licensee is not permitted to copy (except for backup purposes), modify, adapt, distribute, decompile, or create derivative works of the confidential and COPY-IDENT proprietary materials, or permit or enable others to do so.
6.2 The licensee may disclose licensed material received from COPY-IDENT to third parties only to the extent necessary to develop and support API-Clients and only so long as the third party has agreed to maintain the confidentiality of the information.
7.1 COPY-IDENT shall be liable without limitation if damage is caused by intent or gross negligence.
7.2 COPY-IDENT shall only be liable for slight negligence if it is a breach of essential obligations and is thereby endangering the purpose of the contract or if COPY-IDENT violates obligations which fulfil the proper implementation of the contract at all and if the licensee regularly complies with these obligations (Cardinal obligations). In this case, however, COPY-IDENT is only liable for the foreseeable, contract-type damage.
7.3 The foregoing limitations on liability do not apply in case of injury to life, body and health.
7.4 Insofar as the liability of COPY-IDENT is excluded or restricted, this also applies to the personal liability of COPY-IDENT employees, representatives and vicarious agents.
8.1 The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
8.2 Contracts concluded with COPY-IDENT in the electronic business are not saved after the conclusion of the contract and are not made available to the contractual partner.
8.3 The court of jurisdiction for disputes arising out of or in connection with contracts between COPY-IDENT and the licensees who are merchants, legal persons of public law or a public special fund is the place of business of COPY-IDENT in Berlin.
8.4 COPY-IDENT reserves the right to amend this agreement if a change in the legal situation, the supreme court case or the market conditions so requires. COPY-IDENT will send the amended agreement to the contract partner at least four weeks prior to its entry into force and to the intended validity of these new terms and conditions as well as the right of the licensee of the new agreement. If the contractual partner does not object to the validity of the new terms within this period, or if he logs in to the COPY-IDENT services or proceeds to use the COPY-IDENT-API after the entry into force of the agreement, the new agreement shall be deemed accepted. COPY-IDENT will advise licensees of the importance of the four-week period, the right of objection, and the legal consequences of silence.
8.5 Amendments and additions to this agreement must be made in text form (§ 126b BGB).
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