R&R Music API Terms of Service, March 2015
API LICENSE AGREEMENT
THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ IT CAREFULLY. BY REGISTERING FOR AN R&R MUSIC API ACCOUNT, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS.YOU MAY ALSO CONTACT US AT INFO@RANDRMUSIC.COM PRIOR TO ACCEPTING THESE TERMS.
GRANT OF LICENSE - Subject to your ("Licensee's") full compliance with all of the terms and conditions of this API Agreement ("Agreement"), R&R Music Limited ("R&R Music") grants Licensee a non-exclusive, revocable, nonsublicensable, nontransferable license to use R&R Music's application program interfaces, software, data provided by such application program interfaces and other materials provided by R&R Music at dev.randrmusic.com and the results and proceeds thereof (collectively, including all data, referred to as "APIs") solely to develop and distribute non-commercial applications that interoperate with the APIs for non-commercial purposes.
Licensee may not install or use the APIs for any other purpose without R&R Music's prior written consent. Licensee shall not use the APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of illegal activities or activities in conflict with established industry norms (to be determined at R&R Music's sole reasonable discretion). Use of the APIs for purposes that support, encourage or induce copyright infringement is strictly prohibited.
ATTRIBUTION REQUIREMENTS. Licensee must reasonably display attribution on all embodiments and uses of the APIs, including, but not limited to Licensee's web site in a manner consistent with the following guidelines: All uses of the APIs must reasonably display the R&R Music Logo (the Logo) available at http://dev.randrmusic.com/ with a link to www.randrmusic.com using the standard linking format.
OTHER RESTRICTIONS - Except as expressly and unambiguously authorized under this Agreement, licensee may not (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify, create derivative works from, or alter any part of the APIs, (ii) crawl, spider, index or in any way store information obtained from the APIs (except ephemeral copies in a cache pursuant to industry norms) or (iii) otherwise use the APIs on behalf of any third party. R&R Music reserves the right to make any and all alterations to the APIs and applicable service levels. This Agreement does not include any right for Licensee to use any trademark, service mark, trade name or any other mark of R&R Music or any other party or licensor except in accordance with attribution requirements herein. No rights or licenses are granted except as expressly and unambiguously set forth herein. R&R Music reserves all rights and causes of action in connection with any breach of this Agreement.
PROPRIETARY RIGHTS - As between R&R Music and Licensee, the APIs and all intellectual property rights in and to the APIs (including all data provided therein) are and shall at all times remain the sole and exclusive property of R&R Music and are protected by applicable intellectual property laws and treaties.
WARRANTY DISCLAIMER - THE APIs ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, R&R MUSIC AND ITS VENDORS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APIs, 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, R&R MUSIC DISCLAIMS ANY WARRANTY THAT LICENSEE'S USE OF THE APIs WILL BE UNINTERRUPTED OR ERROR FREE.
SUPPORT AND UPGRADES - This Agreement does not entitle Licensee to any support for the APIs, unless Licensee makes separate arrangements with R&R Music in writing and meets all obligations under such separate arrangements. Any such support provided by R&R Music shall be subject to the terms of this Agreement.
LIABILITY LIMITATION - REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL R&R MUSIC OR ITS VENDORS, BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY 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 APIS, EVEN IF R&R MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, R&R MUSIC DISCLAIMS ALL LIABILITY OF ANY KIND OF R&R MUSIC'S VENDORS.
INDEMNITY - Licensee agrees that R&R Music shall have no liability whatsoever for any use Licensee makes of the APIs. Licensee shall indemnify and hold harmless R&R Music from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from Licensee's use of the APIs or for any breach of this Agreement and/or any of the representations and warranties made herein.
TERM AND TERMINATION - This Agreement shall continue until terminated as set forth in this Section. Either party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited to, if Licensee violates any provision of this Agreement. Any termination of this Agreement shall also terminate the license granted hereunder. Upon termination of this Agreement for any reason, Licensee shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the APIs, and shall so certify to R&R Music that such actions have occurred (including all cached ephemeral copies).