The content, code and other materials which are available on the Site are not licensed or otherwise provided under any existing license or subscription agreement with Ex Libris as part of the products or services provided thereunder. User is responsible for ensuring that it complies with any license or subscription agreement governing Ex Libris programs or services, respectively, and with any other terms covering code or applications used by User in connection with Ex Libris programs or services.
Member Account and Password
It is your responsibility to maintain the confidentiality of the account password, and you are responsible for any activities that occur in your account. Ex Libris will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Ex Libris harmless for any unauthorized, improper or illegal use of your account.
You may cancel your account at any time by clicking on the “report a problem” link at the bottom of the Site.
Gathering and Use of Information
Like many site operators, Ex Libris gathers non-personally-identifying information from you of the sort that web browsers, depending on their settings, may make available. That information includes your operating system and browser type, and the locations of the web pages you view right before arriving at, while navigating and immediately after leaving this Site. Ex Libris may analyze non–personally–identifying information gathered from Users of this Site to help better understand how this Site is being used. By identifying patterns and trends in usage, Ex Libris is able to better design this Site to improve your experiences, both in terms of content and ease of use. Ex Libris does not link information gathered using Non-Personally-Identifying Information to personally-identifying information. From time to time, Ex Libris may also release the non–personally–identifying information gathered from Site users in the aggregate, such as by publishing a report on trends in the usage of this Site.
User Responsibilities; Use Restrictions;
You agree you will not do any of the following on or with the Site or any content, code, APIs, API Materials or any materials available on the Site:
- Use the Site or Platform or any content thereon in connection with any commercial endeavors in any manner, including, without limitation, in connection with the marketing, sale, distribution, development or availability of your, your organization’s or any third party’s products or services. Any commercial use of the Site or Platform or any content thereon, including without limitation the APIs and API Materials, shall require a separate license agreement signed by Ex Libris.
- Attempt to gain unauthorized access to the Site or the Platform or any part thereof;
- Impersonate another person or falsely say or imply that you are associated with another person or entity;
- Harvest, collect or mine information about other users of the Site;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web page available at the Site, servers, or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Breach or impair or circumvent any security or authentication measures protecting the Site;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site;
- Attempt to access, search, or meta-search the Site or content thereon with any engine, software, tool, agent, device, or mechanism;
- Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” “scrapers” or “spiders”;
- Use Developer Code or the APIs in any way which would cause the Ex Libris programs and/or services to become subject to an open source license;
- Submit or link to any content that:
- misappropriates or infringes the intellectual property or other rights of any person or entity;
- violates anyone’s privacy or publicity rights or violates applicable law;
- breaches any duty of confidentiality, nondisclosure or use restrictions that you owe to anyone;
- is, in Ex Libris’ sole judgment, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable;
- contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware; or
- contains false or deceptive language, unsubstantiated or comparative claims regarding Ex Libris or third party products, advertising, commercial referrals, spam or any other solicitation, including solicitation of lawsuits.
- Use the Site or Platform, including without limitation, any APIs or API Materials, in any manner not expressly permitted by these Terms.
Please remember that you may be providing content for a diverse and international audience. Things that do not seem abusive, obscene, offensive or inappropriate to you might seem so to others.
Ex Libris has no obligation to monitor the Developer Network. However, Ex Libris reserves the right to review content and in Ex Libris’ sole discretion and without notice to you, to remove any content submitted or posted by you to the Developer Network pages. Ex Libris reserves the right at all times to disclose any information as Ex Libris deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
There are various informational resources made available on the Developer Network. These include (i) all content on or made available through the Site (other than the APIs and API Materials and Developer Code), including but not limited to the Ex Libris Tech Blog, other blogs, Q&A Forum, or other text posted anywhere on the Site, whether by Ex Libris or by any other User of the Site (“Developer Content”); (ii) APIs to programs and/or services owned or provided by Ex Libris and the API Materials which allow for the development of code to facilitate interoperability between Ex Libris programs and third party applications; and (iii) code developed for use with Ex Libris programs and/or services, whether developed by Ex Libris or by any other User of the Site, whether posted directly on the Site or provided through links posted on the Site (“Developer Code”).
Intellectual Property Rights
The Developer Network is an online portal for Ex Libris customers and non-commercial developers, created to foster discussion and collaboration. To further this goal, the submission, posting or displaying of content by a User on or through the Developer Network does not constitute a transfer to Ex Libris of ownership rights therein, and such User is responsible for protecting those rights, as appropriate.
By submitting, posting or displaying Developer Content or Developer Code on or through the Developer Network, you grant to Ex Libris a perpetual, irrevocable, worldwide, fully paid up royalty-free right and license to use, copy, modify, publish, republish, distribute and create derivative works based on, in any form, any Developer Content or Developer Code you contribute to the Developer Network.
Subject to the limited rights expressly granted hereunder, Ex Libris reserves all rights, title and interest in and to all intellectual property rights subsisting in the Developer Network, including but not limited to its user interface, branding, Ex Libris’ Developer Content, Ex Libris’ Developer Code, Ex Libris’ documentation, and underlying technology. No rights are granted to you hereunder other than as expressly set forth herein. Ex Libris, the Ex Libris logo and the names of Ex Libris products and services referenced herein are trademarks of Ex Libris, and may be registered in certain jurisdictions. All other product names, company names, marks and logos referenced may be trademarks of their respective owners.
Without limiting the foregoing, the APIs and API Materials are proprietary to Ex Libris and all rights, title and interest, including without limitation, patent rights, copyrights, trade secrets, trademarks, service marks and other intellectual property rights, in and to the API’s and API Materials and all reproductions, derivatives, corrections, modifications, enhancements and improvements thereof are and will remain at all times owned by Ex Libris. The APIs and API Materials may only be used and/or accessed in accordance with these Terms or the terms of a separate license agreement signed by Ex Libris.
Ex Libris respects the intellectual property rights of others and expects its Users to do the same. Ex Libris will remove all infringing content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to Users at any time. Ex Libris reserves the right to remove any content without prior notice to you, any other user, or any third party.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is Ex Libris’ policy to respond expeditiously to copyright owners who believe material appearing on the Site infringes their rights. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Please send notices and counter-notices to us at:
Ex Libris Ltd.
Att: General Counsel
Malha Technological Park
Jerusalem 9695809, Israel
Regarding Developer Network Content Generally
- Ex Libris is not responsible, and will have no liability, for the information on the Site or the consequences of using such information.
- A reader who considers content (potentially) offensive or damaging to any person (including himself/herself) may so notify Ex Libris and request removal of the content or the relevant portion of it.
- Some of the content has been created by Users not employed by Ex Libris; other content has been created by Ex Libris.
- Ex Libris, in its sole discretion, will decide which content to post and when to remove it.
- Only content that shares knowledge or experience regarding Ex Libris solutions or service will be posted.
- Content that includes an offer of goods or services (e.g., technical consultation service) or discourteous remarks will not be posted.
- The name of the contributor of the content may be shown on the site. The contributor must ensure that no other personal information or personally identifiable information of any individual will be included in the content.
- Ex Libris does not provide any compensation for contributing content.
- The contributor represents that he or she has the right to contribute/publish the content.
- The views expressed in content posted are those of the author as an individual, and do not imply the endorsement of any institution or other party.
Ex Libris does not endorse or guarantee the completeness, truthfulness, accuracy or reliability of any content posted on the Site or any opinion reflected therein. By using the Site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Ex Libris be liable in any way for any content, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content made available on the Site.
Any communication or material that you transmit to this Site, by electronic mail or otherwise, including any data, questions, comments, suggestions and the like, is, and will be treated as, non-confidential information. You should have no expectation of privacy with respect to any communications on or through this Site. Please do not transmit any private or confidential information to Ex Libris by email or through this Site. We cannot guarantee the security of any information transmitted to us over the internet. Furthermore, Ex Libris may use any such communication or material for any purpose whatsoever including, without limitation, for disclosure, reproduction and publication. Ex Libris will be free, without any compensation to you, to use any concepts or know-how contained in any communication or material that you send to our Site for any purpose whatsoever.
It is possible for others to obtain personal information about you due to your use of the Developer Network, including any Developer Content that you may choose to make available. Anyone receiving or viewing Developer Content may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Developer Network or through any content. Please carefully select the type of information that you post on the Developer Network or release to others.
Ex Libris APIs and API Materials
The APIs and API Materials are made available for use and access by Members that are customers of the relevant Ex Libris programs and services for their internal purposes and to other developers that can certify that they will not, on their own or on another party’s behalf, use or access such APIs or API Materials for any commercial purpose, including, without limitation, in connection with the marketing, sale, distribution, development or availability of any commercial third party products or services. Any use or access of the APIs or API Materials for commercial purposes or by or on behalf of third parties that are marketing, developing or distributing commercially available products or services is strictly prohibited without a separate license agreement signed by Ex Libris.
Subject to the foregoing and to the other terms and conditions set forth in the Terms and to compliance with any other rules and restrictions regarding API use published by Ex Libris on the Site (such as, without limitation, API governance thresholds), Ex Libris hereby grants to relevant Members a non-exclusive, royalty free, revocable, non-transferrable license to the Ex Libris APIs and API Materials solely for the purpose of developing applications which are interoperable with Ex Libris programs and/or services and for facilitating interoperability between Ex Libris programs and/or services with existing third party applications.
In order to access some of the available APIs, an Ex Libris customer will need to generate a unique service key (the “API Key”) which is linked to the customer’s account. You acknowledge that your API Keys may provide access to your data which is stored in the Ex Libris programs and/or services (“Data”). For the sake of clarity, API Keys generated by Members for purposes of linking to the Ex Libris Guest Sandbox are also subject to all of the terms and conditions hereof.
Customers may find information relating to the usage of the APIs and the performance of the APIs on the Ex Libris API Dashboard. All APIs, related documentation and information available on the Ex Libris Dashboard are provided “as is”. Ex Libris has no obligation to provide support services for APIs or to update the APIs to support the latest programs and/or services of Ex Libris or any third parties.
The Developer Code available through the Developer Network are owned and made available by Ex Libris and by other Developer Network Members. Your use of the Developer Code will be governed by the terms accompanying such Developer Code. Please read those terms carefully before accepting them or using any Developer Code. If you are contributing Developer Code, you must make your source code available to the Developer Network Users under open source license terms. Unless otherwise stated, the Developer Code contributed by Ex Libris is subject to the New BSD License and, any Developer Code contributed by Developer Network Members for which no license terms are otherwise specified shall also be subject to the New BSD License. We encourage the use of this license, which is a simple permissive license that has been approved by the Open Source Initiative. For more information, please see http://opensource.org/licenses/BSD-3-Clause.
The Developer Code is not intended for production use, may contain bugs and errors and may be incompatible with Ex Libris programs and/or services. Any use of Developer Code is at your own risk. Any use of Developer Code is subject to the restrictions and obligations you agreed to under your license or subscription agreement with Ex Libris. Please be aware that installation or enablement of Developer Code for use with Ex Libris’ services may result in the transmission of your data outside of Ex Libris’ systems during normal use. Furthermore, the providers of the Developer Code may be able to obtain access to your data through an application programming interface, which may result in the disclosure, modification or deletion of your data by those developers. Ex Libris is not responsible for any such transmission, disclosure, modification or deletion of your data by or through Developer Code.
Ex Libris has no obligation to provide support services for Developer Code or to update any Developer Code to support the latest products and/or services of Ex Libris.
Your use of the Site and all content therein (including, without limitation, Developer Content, Developer Code, APIs, API Keys and API Materials) is at your sole discretion and risk. The Site and all such content and materials are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind from Ex Libris.
EX LIBRIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, (I) RELATING TO THE SITE, PLATFORM, DEVELOPER CONTENT, DEVELOPER CODE (INCLUDING WITHOUT LIMITATION CONTENT AND/OR CODE ORIGINATING FROM EX LIBRIS AND/OR OTHER USERS) AND APIs, API KEYS AND API MATERIALS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, COMPLETENESS, ACCURACY AND NON-INFRINGEMENT; (II) REGARDING THE PERFORMANCE, QUALITY, COMPLETENESS, USEFULNESS OR ACCURACY OF ANY CONTENT AND/OR CODE AND/OR APIs OR OTHER MATERIAL ON THE DEVELOPER NETWORK; (III) THAT THE SITE, PLATFORM, CODE, CONTENT AND APIs WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (IV) THAT ANY CODE, CONTENT OR API ACCESSIBLE THROUGH THE SITE IS FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES AND/OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTY.
CONTENT, CODE AND/OR APIs POSTED BY EX LIBRIS ON THE DEVELOPER NETWORK ARE NOT PART OF ANY PRODUCT OR SERVICES AGREEMENT OR PROGRAM DOCUMENTATION AND ARE SOLELY SUBJECT TO THESE TERMS OR TO THE TERMS OF A SEPARATE AGREEMENT ENTERED INTO SPECIFICALLY WITH EXPRESS REFERENCE TO SUCH CONTENT, CODE, APIs OR OTHER MATERIALS. EX LIBRIS FURTHER DISCLAIMS ANY RESPONSIBILITY WHATSOEVER FOR ANY CONTENT (INCLUDING DEVELOPER CONTENT AND DEVELOPER CODE) OR MATERIAL ON DEVELOPER NETWORK, WHETHER OR NOT ORIGINATING FROM EX LIBRIS, AND WHETHER OR NOT EX LIBRIS REVIEWED OR MODERATED SUCH CONTENT.
Without limiting Ex Libris’ rights to amend the Terms and to change, limit or revoke any of the licenses granted hereunder, you understand and agree that Ex Libris has the right at any time and for any reason or no reason to immediately terminate your and your organization’s rights and/or licenses granted hereunder. Such termination may occur, for example, if Ex Libris determines in its absolute discretion that you or your organization has violated any of the restrictions or other requirements under the Terms or is otherwise not authorized or entitled to be granted or to exercise such rights and/or licenses, or if the manner in which you or your organization uses the Site or the Platform (including, without limitation, any APIs or API Materials) is potentially detrimental to, or not intended by, Ex Libris.
Limitation of Liability
To the fullest extent permitted by applicable laws, Ex Libris is not liable for any direct, indirect, special, incidental, consequential or exemplary damages or losses of any kind whatsoever, whether in any action in contract, tort (including but not limited to negligence), or otherwise, resulting to you or any third party, arising out of or in any way connected with: (a) the use – or the inability to use – the Developer Network, including without limitation, the Developer Content, Developer Code, APIs, API Keys, API Materials or other materials; (b) any claim attributable to errors, omissions, or other inaccuracies in the Developer Network and/or Developer Code and/or Developer Content or other material available through the Site; (c) transmission of any information to or from the Site; (d) failure or limitation in any threat detection or other security measure intended to protect the Site and transmissions to or from it; and/or (e) hyperlinks on the Site. The foregoing exclusions of liability include but are not limited to the loss of data, loss of profit, goodwill or other losses or damages of any nature, even if Ex Libris was advised of the possibility of such damages. The foregoing exclusions of liability shall apply to the fullest extent permitted by applicable law and in no event shall Ex Libris’ cumulative liability to you exceed US$100.
Ex Libris reserves the right at any time to modify or discontinue, temporarily or permanently, the Developer Network (or any part thereof) with or without notice. You agree that Ex Libris will not be liable to you or to any third party for any such modification, suspension or discontinuance.
When posting content to the Developer Network or when sharing content obtained from the Developer Network with others, you agree that you are solely responsible for complying with applicable U.S. and international export control regulations, including without limitation the Export Administration Regulations and all other applicable export and import laws and regulations as well as end-user, end-use and destination restrictions issued by the U.S. government and the governments of other nations. You agree to comply with all applicable national and international laws that apply to the transport, transmission, downloading or other transfer of software across national borders or to its use in any such jurisdiction.
Governing Law and Jurisdiction
Last update: January 2019