Effective as of January, 2009
Subject to the limitations and conditions described below, You may use the API to display an end user's location on your website in conjunction with other information You provide to end users.
* defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
* conduct load, performance, scalability, concurrent usage and/or any other testing of the Skyhook system;
* restrict or inhibit any other user from using and enjoying Skyhook services;
* use Skyhook services for any illegal or unauthorized purpose;
* remove any copyright, trademark or other proprietary rights notices contained in or on Skyhook services;
* interfere with or disrupt Skyhook services or servers or networks connected to Skyhook services, or disobey any requirements, procedures, policies or regulations of networks connected to Skyhook services;
* use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Skyhook services (to include any data used, retained or generated by the Service)
* collect information about users for any unauthorized purpose;
* disclose, publish or otherwise make public an end-users current or past physical location;
* retain, compile, record, aggregate or otherwise monitor an end-users physical location;
* promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
* transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
e. Advertising. The Service does not currently include and/or enable Skyhook enabled advertising but Skyhook reserves the right to include location-based advertising and provided it to You through the Service. Skyhook will provide You with ninety (90) days notice prior to the commencement of advertising. Such notice may be provided on relevant Skyhook websites, including but not limited to the www.skyhookwireless.com and the www.loki.com (or such successor URLs that Skyhook may designate from time to time). During that 90 day period, you may terminate your use of the Service, or provide notice of your refusal to accept advertising in accordance with Skyhook's policies and procedures for providing such notice (which Skyhook may make available from time to time in its sole discretion).
f. Fees. The Service is currently provided at no charge to You but Skyhook reserves the right to monitor the implementation, use, usage patterns and associated services the API supports on your Site and may, in its sole discretion, require the payment of fees. Skyhook will notify You, through the contact information you provide, with thirty (30) days notice prior to the date such fees shall be imposed. During that 30 day period You shall have the right to terminate your use of the Service without incurring any fees.
g. Location Requests. There is a limit of 10,000 location requests per day per Loki API key. If you exceed this 24-hour limit, the Loki API may stop returning responses to an end-user's location request. If you exceed this 24-hour limit on more than 3 occasions, the Loki API may be permanently suspended and/or you will be required to pay Fees as described in paragraph 1.f.
i. Attribution. You agree that you will use Skyhook's then current 'Powered by Loki' marker/branded icon at the point in the end-user experience in which the end-user initiates a location request, the location result is presented or other such point as reasonably required by Skyhook. Any such use must be approved by Skyhook in advance.
2. Proprietary Rights.
In using Skyhook Logo, you may not:
* use Skyhook Logo to disparage Skyhook, its products or services;
* display a Skyhook in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Skyhook;
* display a Skyhook on a site that violates any law or regulation; or
* remove, distort or alter any element of a Skyhook (this includes squeezing, stretching, inverting, discoloring, etc.).
You understand and agree that Skyhook has the sole discretion to determine whether your use of the Skyhook Logo is in accordance with the above restrictions.
c. No Reverse Engineering: You shall not modify, copy, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the underlying software, source code or data associated with the Service except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Any attempt to do so is a violation of the rights of Skyhook and may subject You to prosecution and damages. You shall not remove, obscure, or alter Skyhook's copyright notices, trademark notices, or other proprietary rights notices affixed to or contained within the Service.
d. No Compilation of Data; Limited use of Data: You shall use the data collected and generated by the Service (the 'Data') for the sole-purpose of generating real-time location coordinates only and for no other purposes. You shall not compile, aggregate, store, retain, collect or amass the Data. You accepts and recognizes that the Data may only be used in conjunction with the Service for the sole purpose of identifying location as set forth in these Terms. You recognizes that the Data represents the intellectual property of Skyhook and is subject to civil and criminal protections, including those under US and international copyright laws, a violation of which may subject You to prosecution and damages.
e. Prohibition on Transfer: You shall not sell, assign, rent, distribute, export, import or otherwise grant rights to third parties with regard to the Service and/or Data.
3. WARRANTY DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND DATA IS AT YOU'S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SERVICE AND DATA ARE PROVIDED 'AS IS' WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SKYHOOK HAS NOT AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO THE CONDITION, PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT, DESIGN, OPERATION OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE AND/OR DATA. FURTHER, SKYHOOK DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR DATA WILL ALWAYS BE AVAILABLE, ACCESSIBLE, SECURE OR ACCURATE.
SKYHOOK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKYHOOK OR THROUGH OR FROM SKYHOOK SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
4. LIABILITY LIMITATION. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW, SKYHOOK SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SKYHOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
7. Confidentiality. In connection with the parties performing pursuant to these Terms, You acknowledge that the Service and Data are and contain information proprietary to Skyhook ('Confidential Information'). You agrees not to disclose any such Confidential Information except to Your employees, consultants and advisor's who are legally bound to maintain the confidentiality of the Service and Data and such related information. These restrictions will not apply to any information that (a) is publicly known at the time of its disclosure; (b) is lawfully received from a third party not obligated to maintain it in confidence; (c) is published or otherwise made known to the public by Skyhook; (d) You generated independently before receiving it, as evidenced by Your records; or (e) is required to be disclosed under any law, governmental rule or regulation or a valid court order. You acknowledges that any breach or violation of this Section will cause irreparable harm to Skyhook and that damages are not an adequate remedy. You therefore agrees that Skyhook shall be entitled to seek and obtain a court order enjoining, prohibiting and restraining You from the continuance of any such violation, in addition to any monetary damages which might occur by reason of a violation of this Section or any other remedies at law or in equity, including without limitation specific performance, and that in any such action, You will not raise as a defense the argument that an adequate remedy for such breach exists at law. The posting of a bond shall not be required for any injunction to be issued in accord with this Section.
8. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Skyhook services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
9. Waiver Of Breach. A breach of any provision of these Terms may only be waived in writing and the waiver of such breach shall not operate or be construed as a waiver of any subsequent breach.
10. Term and Termination.
b. Termination. Skyhook may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate Your use of the Service at any time. This includes, without limitation, the right to set, at Skyhook's own discretion and at any time, a maximum number of end-user location transactions you may access through the Service without Skyhook's prior written consent.
e. Remedies. You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to Skyhook, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which Skyhook may be legally entitled, Skyhook shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.
11. Severability. If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
12. Assignment & Transfer. Skyhook may freely assign and/or transfer these Terms in connection with a sale of its business as a whole or substantially all of the assets of its business. You shall not otherwise assign or transfer these Terms without the express prior written consent of Skyhook, such consent not to be unreasonably withheld.
I have read and agree with the terms and conditions