API Terms of Service
These API Terms govern the terms under which you may access and use the application programming interface that is made available on by CloudSight through its Services (the "API"), and the data transmitted through the API (the “API Content”).
This document incorporates the terms of the following additional documents, including all future amendments or modifications thereto (collectively, and together with this document, the "API Terms"):
All capitalized terms used herein without definition shall have the meanings afforded to them in the Term of Use.
In order to use the API, you must agree to be bound by these API Terms. If you do not agree to be bound by these API Terms, please do not use the API. Further, you warrant that you are at least 18 years or the age of majority in your state and that you have the legal capacity to enter into contracts.
If you access or use the API on behalf of a company, principal or other entity, you represent that you have authority to bind such entity and its affiliates to these API Terms and that it is fully binding upon them. In such case, the term "you" will refer to such entity and its affiliates. If you do not have authority, or if you do not agree with the terms of these API Terms, or you lack the legal capacity to enter into contracts, you may not access or use the API.
3. LICENSE RESTRICTIONS –
You agree that you will not, and will not assist or enable others to:
- cache, record, pre-fetch, or otherwise store any portion of the API Content, other than as expressly permitted by the functionality of the API, or attempt or provide a means to execute any "bulk download" operations;
- create or disclose metrics about, or perform any statistical analysis of, the API or API Content;
- use the API on behalf of any third party;
- display API Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and CloudSight, other than your permitted use of the API under the terms of these API Terms;
- copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify, create derivative works or alter any part of the API;
- modify, rate, rank, review, vote or comment on, or otherwise respond to the CloudSight Content;
- use the API in a manner that impacts the stability of CloudSight’s servers or impacts the behavior of other applications using the API;
- display the API Content on any site that disparages CloudSight, its affiliates or their respective products or services, or infringes any CloudSight or its affiliates’ intellectual property or other rights;
- use the API or API Content in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in CloudSight’s sole discretion) to CloudSight, its providers, its suppliers, end users of this website, or your end users;
- use the API, API Content in a manner that could reasonably be interpreted to suggest that CloudSight is the author or entity that is responsible, in whole or in part, for the creation or development of any API Content or that such API Content represents the views of CloudSight; and
- use the API or API Content 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 U.S. embargo, unsolicited mass distribution of email (“spam”), multi-level marketing proposals, hate materials, hacking/surveillance/interception/descrambling equipment, libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, gambling, professional services regulated by state licensing regimes without having all the proper licensing, non-transferable items such as airline tickets or event tickets, weapons and accessories; or any subject matter prohibited by these API Terms.
4. WARRANTY DISCLAIMER - THE API, AND API CONTENT AND ANY OTHER MATERIALS PROVIDED CLOUDSIGHT HEREUNDER ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, CLOUDSIGHT AND ITS VENDORS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API, AND API CONTENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, CLOUDSIGHT DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API AND API CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
5. CHANGES TO THESE API TERMS – CloudSight reserves the right to modify or revise these API Terms at any time. You should visit this website periodically to review the documents comprising these API Terms and check for updates. Your continued use of the API after the effective date of any such changes will constitute your acceptance of and agreement to such changes. IF YOU DO NOT WISH TO BE BOUND TO ANY NEW TERMS, YOU MUST TERMINATE THESE API TERMS BY IMMEDIATELY CEASING USE OF THE API.
6. LIABILITY LIMITATION - REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLOUDSIGHT OR ITS VENDORS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT DAMAGES, LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API OR OTHERWISE UNDER THESE API TERMS, EVEN IF CLOUDSIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN ANY CASE, TO THE FULLEST EXTENT PERMITTED BY LAW, CLOUDSIGHT’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER ANY PROVISION OF THESE APPIT TERMS SHALL BE THE REPLACEMENT OF THE API. ANY CLAIM ARISING OUT OF OR RELATING TO THESE API TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, CLOUDSIGHT DISCLAIMS ALL LIABILITY OF ANY KIND OF CLOUDSIGHT'S VENDORS.
7. INDEMNITY - You agree that CloudSight shall have no liability whatsoever for any use you makes of the API, or API Content. You shall indemnify and hold harmless CloudSight from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from your use of the API and API Content.
8. TERM AND TERMINATION - These API Terms shall continue until terminated as set forth in this Section. Either party may terminate these API Terms by written notice at any time, for any reason, or for no reason including, but not limited to, if you violate any provision of these API Terms. Any termination of these API Terms shall also terminate the license granted hereunder. Upon termination of these API Terms for any reason, you shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the API and API Content (for avoidance of doubt, except your Content), and shall so certify to CloudSight that such actions have occurred. CloudSight shall have the right to inspect and audit your facilities to confirm the foregoing. Sections 2-4 and 6-12 shall survive termination of these API Terms.
9. CONFIDENTIALITY - "Confidential Information" shall mean the API and all other information disclosed to you by CloudSight that hat are marked confidential or that would normally be considered confidential under the circumstances (e.g., any API credentials such as passwords, keys and client IDs), except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of these API Terms, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of CloudSight. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify CloudSight in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of these API Terms, and will cooperate with CloudSight in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify CloudSight prior to such disclosure to allow CloudSight an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with CloudSight in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
10. GOVERNMENT USE - If you are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the API are restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The API is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the API by the Government shall be governed solely by the terms of these API Terms.
11. EXPORT CONTROLS - You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the API in violation of any such restrictions, laws or regulations. By downloading or using the API, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.