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4INFO APIs Terms of Use

Thank you for using the 4INFO application programming interfaces (the "4INFO APIs"). Hereinafter API will refer to 4INFO Open Platform web based application and tools. By using the 4INFO APIs, you agree to these terms of use (the "Terms of Use") and the 4INFO Terms of Service ("TOS") located at http://4info.net/terms.jsp. If you disagree with any of the terms below or the TOS, 4INFO does not grant you a license to use the 4INFO APIs. In the event of any inconsistency between these Terms of Use and the TOS, these Terms of Use control.

Please note that some of our Web Services and 4INFO APIs may be licensed under terms that supplement or differ from these Terms of Use. See the specific API or Web Service documentation for details.

4INFO Inc. ("4INFO") reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at http://4info.net/terms.jsp. 4INFO may change these Terms of Use by posting a new version without notice to you. Use of the 4INFO APIs after such change constitutes acceptance of such changes.

1. Licensed Uses and Restrictions.

The 4INFO APIs are owned by 4INFO and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These Terms of Use define legal use of the 4INFO APIs, all updates, revisions, substitutions, and any copies of the 4INFO APIs made by or for you. All rights not expressly granted to you are reserved by 4INFO.

a. Subject to the restrictions set forth in these Terms of Use, YOU MAY use the 4INFO APIs and any updates provided by 4INFO (in its sole discretion). Your license to the 4INFO APIs under these Terms of Use continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the 4INFO APIs. 4INFO may terminate the license at any time for any reason. These Terms of Use terminate automatically if (i) you violate any term of these Terms of Use, (ii) 4INFO publicly posts a written notice of termination on 4INFO's Web site, (iii) 4INFO sends a written notice of termination to you, or (iv) 4INFO ceases providing access to the 4INFO APIs to you.

b. Unless otherwise specified, use and redistribution of all computer code made available on the 4INFO Developer Network is permitted in source and binary forms, with or without modification, subject to the BSD License, Copyright © 2006 by the Open Source Institute. The following conditions must be met:

(ii) Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution.

(iii) Neither the name of 4INFO nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of 4INFO.

DISCLAIMER TO BE INCLUDED WITH 4INFO COMPUTER CODE

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

c. If your product or service uses or is based upon the 4INFO APIs, then YOU SHALL comply with the 4INFO Search Network Attribution Policy located at http://open.4info.net/Wiki.jsp?page=4INFOSearchNetworkAttributionPolicy.

d. YOU SHALL use instructions provided in the 4INFO APIs to place application identification information (application ID) into any application or service you develop that incorporates or makes any use of the 4INFO APIs. You may only create a single application ID per application or service and such application ID must accompany all web services requests coming from that application or service. You must provide accurate identification, contact, and other information required as part of the registration process. You SHALL NOT create any script or other automated tool that attempts to create multiple application IDs.

e. If you wish to confirm that your application constitutes an acceptable use of the 4INFO APIs or wish to inquire about rate limit increases, register your application with us.

f. YOU SHALL NOT:

(i) use the 4INFO APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;

(ii) use the 4INFO APIs 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, or in any manner inconsistent with the 4INFO TOS or these Terms of Use;

(iii) use the 4INFO APIs to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the 4INFO APIs are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which 4INFO is not responsible;

(iv) sell, lease, or sublicense the 4INFO APIs or access thereto or derive income from the use or provision of the 4INFO APIs, whether for direct commercial or monetary gain or otherwise, without 4INFO's prior, express, written permission; or

(v) use the 4INFO APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the 4INFO API documentation, as determined by 4INFO in its sole discretion.

(vi) use the 4INFO APIs in a product or service that competes with products or services offered by 4INFO.

2. Ownership and Relationship of Parties.

The 4INFO APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. 4INFO's rights apply to the 4INFO APIs and all output and executables of the 4INFO APIs, excluding any software components developed by you which do not themselves incorporate the 4INFO APIs or any output or executables of the 4INFO APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use and in the TOS. 4INFO owns all rights, title, and interest in and to the 4INFO APIs. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by 4INFO, including (but not limited to) the 4INFO APIs and 4INFO trademarks.

3. Support.

4INFO may elect to provide you with support or modifications for the 4INFO APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. 4INFO may change, suspend, or discontinue any aspect of the 4INFO APIs at any time, including the availability of any 4INFO APIs. 4INFO may also impose limits on certain features and services or restrict your access to parts or all of the 4INFO APIs or the 4INFO Web site without notice or liability. Please register your application for priority notification of status alerts via email.

4. Fees and Payments.

4INFO reserves the right to charge fees for future use of or access to the 4INFO APIs or the 4INFO services and Web sites (collectively, "4INFO APIs Services") in 4INFO's sole discretion. If 4INFO decides to charge for the 4INFO APIs Services, such charges will be disclosed to you prior.

5. Disclaimer of Any Warranty.

SOME OF THE 4INFO APIS ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. 4INFO DOES NOT REPRESENT OR WARRANT THAT ANY 4INFO APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE 4INFO APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND 4INFO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF 4INFO APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY 4INFO APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

6. Limitation of Liability.

4INFO SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE 4INFO APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT 4INFO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL 4INFO BE LIABLE TO YOU FOR ANY AMOUNT.

7. Exclusions and Limitations.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.

8. Release and Waiver.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against 4INFO, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of 4INFO APIs. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

9. Hold Harmless and Indemnity.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify 4INFO and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of 4INFO APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. 4INFO shall use good faith efforts to provide you with written notice of such claim, suit or action.

10. General Terms.

10.1 Relationship of the Parties.

Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and 4INFO shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of 4INFO, express or implied, and you shall not attempt to bind 4INFO to any contract.

10.2 Invalidity of Specific Terms.

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.

10.3 Location of Lawsuit and Choice of Law.

The Terms of Use and the relationship between you and 4INFO shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and 4INFO agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California.

10.4 No Waiver of Rights by 4INFO.

4INFO's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

10.5 Miscellaneous.

The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between 4INFO and you with respect to the subject matter hereof.

11. Rules for Using 4INFO APIs and Web Services

4INFO makes our APIs and Web Services available to you under the 4INFO Search Network Terms of Use, except as otherwise indicated by this document. By using our documentation, code samples, and services you agree to these terms. In addition, you must:

Use an application ID for each application.
Include proper attribution within your application.
Comply with our commercial usage allowances and restrictions, which can vary by API.

12. Commercial Usage Allowances and Restrictions

The 4INFO Search Network commercial usage policies differ depending on the API or Web Service you are using. Such policies are explained in the documentation of each API or Web Service, so please read the documentation carefully.

Some of our APIs and Web Services are made available only for non-commercial use. For such APIs and Web Services, it's NOT PERMITTED to:

Use these services in high traffic, established commercial-oriented or business web sites or applications.
Incorporate these services into applications or web sites monetized indirectly (by advertising, affiliate links) or directly - including subscriber-only content (subscriptions, software-as-a-service, hosted applications where your users pay for access) and for-pay applications, products or services.
Access these services through productivity tools for businesses created to bring value to a business function, typically only accessible to select users.

See our FAQ for more information about these non-commercial use only services. If you use these services in your application, we encourage you to register your application to confirm that your usage is acceptable. We typically do not grant additional queries for these non-commercial use only services.

To confirm that your application meets these guidelines, connect with us for updates and notifications or to request additional queries, register with us as described below. Because this program is free, not all requests for additional queries will be granted.

13. 4INFO Search

The 4INFO Search APIs are covered under the 4INFO Search Network Terms of Use. 4INFO Search APIs are subject to usage guidelines rather than commercial restrictions. With the 4INFO Search APIs you are free to build applications that make up to the standard rate limit volume of queries as long as they do NOT:

Include non-4INFO sponsored search elements.
Include meta-search functionality; integrating results from a variety of Search providers.
Circumvent our rate limiting or application tracking in any way.