PONS.eu Online Dictionary Application Programming Interface

Stuttgart, 2 April. 2014

Terms of Use and License Agreement for the USE OF THE PONS.EU ONLINE DICTIONARY API

PONS GmbH („PONS“) is a registered company with its principal place of business at

Stöckachstraße 11, 70190 Stuttgart
Telefon: 0711-89462111
E-Mail: kundenservice@pons.de

PONS may amend these Terms of Use at any time, and any revised version will be effective immediately when it is displayed on the PONS website www.pons.com. Your continued use of the PONS.eu Dictionary API and embedded software („POD API“) shall be deemed to constitute Your acknowledgement of any such changes.

In the event of any comments or questions concerning these Terms of Use as set out below, please contact us by e-mailing to (TEAM LIZENZEN)   or writing to PONS GmbH, attn. Team Lizenzen, Postfach 10 60 16, 70049 Stuttgart, Germany.

 

Registering and requesting keys for the PONS.eu Online Dictionary API constitutes your acceptance of the following terms:

1. OWNERSHIP. PONS GmbH and its licensors ("PONS") license the PONS.eu Online Dictionary API and embedded software ("POD API") to you (the "Developer"), only on the condition that you accept all of the terms contained in these Terms of Use and License Agreement ("Agreement").

2. LICENSE GRANT. PONS grants you a non-exclusive, non-transferable right and license to use the POD API for the sole and limited purpose of making the PONS dictionary service ("Service") available to your website or other application that you own or control.

The POD-API is provided to you with a free quota of 1000 reference queries per month.

PONS will monitor the usage to make sure that your free use of the POD API does not exceed the 1000/month query limit. Monthly usage reports per reference for each registered developer can be available upon request. If your usage will exceed the free quota above, a written request and details must be sent to TEAM_LIZENZEN. PONS staff will then respond to arrange terms and payment. Standard license fee is 3,- Euros per 1000 requests. Other pricing models like flat fees, limited access to a subset of dictionaries only etc. are subject to negotiation.

You agree to upon request grant PONS access to your project,website or application so that PONS can on its own evaluate the proper implementation and functioning of the POD API. PONS does so mainly to ensure the quality of POD API and to constantly improve its service.

3. API ACCESS. Acces to the API is per project, not per customer. I.e. the Developer has to apply for access to the POD API per Website, App or any other application separately; one access code is valid for one project only. In case of questions please refer to TEAM Lizenzen by e-mail.

4. PROPRIETARY RIGHTS; RESTRICTIONS. You acknowledge that PONS, and its licensors retain all right, title and interest in and to the POD API and the Service. Without limiting the generality of the foregoing, you agree not to: (a) submit any automated or recorded queries to the Service unless otherwise approved in writing by PONS; (b) access the Service with software or means other than the POD-API; (c) copy, reproduce, distribute, or in any other manner duplicate the POD-API or the Service, in whole or in part; (d) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the POD-API or the Service, in whole or in part; (e) modify, port, translate, or create derivative works of the Service; (f) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the POD-API or Service by any means; (g) remove any proprietary notices, labels or marks from the POD_API or Service; (h) use the POD-API or the Service for purposes of comparison with or benchmarking against products or services made available by third parties; (i) knowingly take any action that would cause any part of thePOD-API or the Service to be placed in the public domain; (j) use the POD-API and/or the Service on websites or in applications morally damaging to juveniles or glorifying violence or on websites or in applications with political, obscene, pornographical or otherwise illegal contents; (k) promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements. You may be held liable for any copyright infringement that results from such any unauthorized uses of the POD API and the Service.

6. CONTACT INFORMATION. You may contact PONS with any questions about the POD API by e-mailing to (TEAM LIZENZEN)   or writing to PONS GmbH, attn. Team Lizenzen, Postfach 10 60 16, 70049 Stuttgart, Germany

7. TRADEMARKS. (a.)The PONS trademarks (the "Trademarks") contained in or used by the POD-API or Service are the registered trademarks of PONS and the use of such trademarks shall inure to the benefit of PONS. You do not have permission to use the trademarks to indicate: (i) an affiliation by PONS and its licensors with you or your website or application, or (ii) an endorsement or approval of such use by PONS. (iii)You should however indicate in your application that the dictionary service is provided by PONS introducing a clearly visible the statement: „Dictionary powered by „ with the logo linking to http://www.pons.com. (iv.) PONS will supply the developer with the necessary graphical art-work on its website. (v.)Modification of logos and trademarks are only permitted with the written consent of PONS. (vi.) All publication of materials that contain the PONS brand and PONS logo need the written consent of PONS.

8. GOVERNING LAW. This Agreement is governed by the laws of the Federal Republic of Germany. Place of fulfillment and of jurisdiction is Stuttgart, Germany.

10. TERMINATION. This License will automatically terminate if you fail to comply with any of its terms. This license may be terminated by either party at any time if not arranged otherwise in a separate agreement or addendum to this License. This license will also automatically terminate if PONS decides to cease the service as such.

Prohibitions. In addition to the Restrictions as set forth in Section 4 above you must not

(a.)sublicense the POD API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the POD API and offer it for use by third parties.This includes also the transfer of any access keys and any documentation of the POD API to the public domain.

(b.)perform an action with the intent of introducing toPONS products and services any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.

(c.)interfere with or disrupt the POD API or the servers or networks providing the POD API.

(d.)disclose PONS confidential information to any third party without PONS prior written consent, if you receive any materials or communications that are clearly confidential or marked confidential.

11. DISLAIMER OF WARRANTIES, LIMITATION OF LIABILITY. THE LICENSED APPLICATION IS PROVIDED ON AN 'AS IS' BASIS. Neither PONS nor its licensors warrant that the functions contained in the POD API and the Service will meet your requirements or that the operation of the POD API and the Service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Service, or as to the accuracy, reliability or content of any information contained in the POD API and the Service.

WHEN PERMITTED BY LAW, PONS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF   PONS, AND ITS LicensorS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY WARRANTIES THAT MAY NOT LEGALLY BE EXCLUDED, IS LIMITED TO THE AMOUNT YOU PAID   PONS   TO USE THE APIS (OR, IF PONS   CHOOSES, TO SUPPLYING YOU THE POD API AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. NOTHING IN THESE TERMS LIMITS YOUR RESPONSIBILITY FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IN ALL CASES,   PONS, AND ITS LicensorS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.