EL Commons CodeShare Terms Of Use - CodeShare

EL Commons CodeShare Terms Of Use
IMPORTANT - WELCOME TO THE EL COMMONS DEVELOPER ZONE. PLEASE READ THE DEVELOPER ZONE TERMS OF USE ("DEVELOPER AGREEMENT") CAREFULLY BEFORE USING THE EX LIBRIS APIs (AS DEFINED BELOW) LOCATED ON EL COMMONS. DOWNLOADING, USING OR ACCESSING THESE APIs INDICATES THAT YOU ALSO AGREE TO THE EL COMMONS TERMS OF USE AND THE EX LIBRIS PRIVACY POLICY and that you are authorized to accept these. If you do not agree to this Developer Agreement, the EL Commons Terms of Use and the Privacy Policy, you should click the "No" button and not access or otherwise use the APIs.
Please select your choice and click SAVE (top right):
Yes, I accept the terms of the developer agreement
No, I do not accept the terms of the developer agreement
GRANT OF LICENSE
Subject to your full compliance with all of the terms and conditions of this Developer Agreement, Ex Libris Ltd. ("*Ex Libris*") grants you a non-exclusive, non-sublicensable, nontransferable license to access and use Ex Libris application programming interface (API), and other materials (including without limitation the code examples, data, images, text, content, code, plug-ins, adapters, deep links and tools) provided by Ex Libris (collectively, "*APIs*") for the sole purpose of creating, submitting and running an application that interfaces with the Ex Libris software. Ex Libris is entitled, without any liability, to revise or discontinue the APIs, or to restrict access to the APIs.

LICENSEE REGISTRATION
In order to access the APIs, you must be an Ex Libris Customer (as this term is defined in the EL Commons Terms of Use). In addition, you must be a registered user. You affirm that all registration information you provided was and is accurate and complete.

RIGHTS GRANTED
By accessing the APIs, or submitting any content to be hosted by Ex Libris, you are providing Ex Libris with the rights to store on Ex Libris servers, display on EL Commons and permit Ex Libris and Ex Libris customers, as well as other parties who will in the future be permitted to use the Platform, to download, use, copy, display, modify (including making derivative works) and distribute free of charge, copies of that content. You shall be solely responsible for this content and consequences of posting or publishing it.

OWNERSHIP
The Platform, APIs and all intellectual property rights in and to the APIs and EL Commons (and any derivatives of them) are and shall at all times remain the sole and exclusive property of Ex Libris.  You retain all right, title and interest in and to your content. Ex Libris has no rights of any kind to your content (other than the rights and licenses expressly granted in this Developer Agreement).

RESTRICTIONS
Except as expressly authorized under this Developer Agreement, you may not (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except as permitted by law), modify or alter any part of the APIs, or (ii) use any trademark, service mark, trade name or any other mark of Ex Libris or any other party or licensor, or remove, obscure, or alter any notice of patent, copyright, trademark or other proprietary right appearing on or contained within the API. Your code shall not, directly or indirectly, adversely affect, hinder or disrupt the functionality or performance of EL Commons, or software or services provided by Ex Libris.
You are not permitted to copy content from the EL Commons Developer Zone to any other part of the Platform, including the Ex Libris Wiki, or to any other external source, website, or platform.
No rights or licenses are granted except as expressly and unambiguously set forth herein.  You must indicate on the content or code that "The content is based on the Ex Libris API but is not endorsed or certified by Ex Libris."

LICENSING OF CONTENT
Upon submitting content to the EL Commons Developer Zone, you are free to select under which licensing agreement your content will be distributed. Please note that you will not be able to change your selection once it is made.  Any derivative work of your content will be distributed according to the same licensing agreement you have selected. The license terms must appear in a section beneath the author section of your content. If you do not specifically select a license for distribution of your content, any content developed by you and posted to EL Commons using the API, shall be distributed according to the following EL Commons Default License for content (BSD style) license.
If you are creating downloadable code licensed under the BSD licensing agreement, please incorporate the text below into your code. Do not forget to fill in your name as owner and the year you created your code.
Copyright (c) <YEAR>, <OWNER>
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
•	Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
•	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.
•	Neither the name of Ex Libris nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
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 (INCLUDING EX LIBRIS) 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.

PUBLICITY; TRADEMARK USAGE
Ex Libris may make available certain graphic images, trademarks, trade names, service marks or logos owned or licensed by Ex Libris or its affiliates ("Marks") that may be used in conjunction with the display of the APIs solely for the purpose of indicating that your content was created to interface with the APIs. You may not use the Marks (a) in a trademark manner or to suggest that Ex Libris is associated with, endorses, sponsors or has any other connection to any content other than the fact that it was created to interface with APIs; or (b) in any manner that dilutes or tarnishes the Marks.
All trade names, trademarks, service marks, logos, and trade dress on the Platform are either trademarks or registered trademarks of Ex Libris or its licensors and may not be copied, imitated, or used unless you have obtained prior written consent from Ex Libris and any applicable third parties. In addition, you may not in any manner state or imply any relationship or affiliation with Ex Libris except as expressly permitted by this Developer Agreement.
Trademark guidelines established by Ex Libris may change from time to time. Upon notice, you will be asked to use only the modified Marks and not the old Marks. Ex Libris may ask you to immediately discontinue use of any Mark at any time.

WARRANTY DISCLAIMER
THE APIs ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY. EX LIBRIS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APIs, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR THAT YOUR USE OF THE APIs WILL BE UNINTERRUPTED OR ERROR FREE.
YOU SPECIFICALLY ACKNOWLEDGE THAT EX LIBRIS SHALL NOT BE LIABLE FOR YOUR CONTENT OR CODE AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH LICENSEE.

LIABILITY LIMITATION
IN NO EVENT SHALL EX LIBRIS OR ITS THIRD-PARTY LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING FROM THE USE OF OR INABILITY TO USE THE APIs OR CONTENT, EVEN IF EX LIBRIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APIs IS TO CEASE USE OF SUCH APIs AND CEASE DISTRIBUTION OF YOUR CONTENT OR CODE.

TERM AND TERMINATION
This Developer Agreement may be terminated by Ex Libris at any time, for any reason, or for no reason including, but not limited to, violation of any provision of this Agreement. Any termination of this Developer Agreement shall also terminate the license granted hereunder.   Terms which by their nature survive (including without limitation the "Warranty Disclaimer" shall survive any termination.

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 APIs 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 APIs are a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the APIs by the Government shall be governed solely by the terms of this Developer Agreement.

INDEPENDENT DEVELOPMENTS
You understand and acknowledge that Ex Libris may independently be creating applications, content, and other products or services similar to your content or code. Nothing in this Developer Agreement will be construed as restricting or preventing Ex Libris or any Ex Libris customer from creating and using such applications, content, and other items, without consulting you.

MISCELLANEOUS
This Developer Agreement, and those other agreements to which this Developer Agreement binds you, constitutes the entire agreement between you and Ex Libris pertaining to the subject matter hereof, and supersedes any and all written or oral agreements with respect to such subject matter. Ex Libris reserves the right to modify this Agreement at any time by providing such revised terms or by publishing the revised terms on its Platform. In the event that you do not agree with any such changes, the sole and exclusive remedy is to cease using the Platform and APIs. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Developer Agreement shall remain in full force and effect. The laws of the State of Israel, excluding its choice of law provisions, govern this Agreement. All disputes arising out of this Developer Agreement shall be subject to the sole and exclusive jurisdiction of courts in Tel-Aviv-Yafo, except that parties may bring actions for injunctive relief in any court of competent jurisdiction.

Last revised: July 2008
Printable version