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Ex Libris Developer Network Terms of Use

Welcome to the Ex Libris Developer Network. The Developer Network provides a platform for Ex Libris customers and developers to share code and other content relating to Ex Libris programs and/or services (the "Platform") through the Ex Libris website located at developers.exlibrisgroup.com (the "Site"). As used herein, "Ex Libris" means Ex Libris Ltd. and its worldwide affiliates who control, are controlled by or are under common control with Ex Libris Ltd.

 

By accessing the Site or using the Platform, you agree to be bound by these terms of use (the "Terms"), whether you are a “Visitor” (which means that you are only browsing the Site) or you are a “Member” (which means that you have registered with the Site). The term “User” refers to a Visitor or a Member. Your use of the Platform and the Site is subject at all times to these Terms (whether as a Visitor or a Member, regardless of whether your access or use is intended). The Site and Platform are always evolving, so it is important that you periodically check here for updates. If we revise the Terms, such revision will take effect immediately upon being posted on the Site. By using the Platform or accessing the Site you agree to review the Terms periodically to become aware of such revisions. If you do not agree to any of the Terms stated herein, you should discontinue using the Platform and the Site. Ex Libris reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and the Platform without notice.

 

All content, code and other materials which are available on the Site are not part of Ex Libris' service or products, nor are they licensed or otherwise provided under any existing license or subscription agreement with Ex Libris. 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

In order to use the Platform, you will have to create an account. When you register for a Member account you will be asked to provide your name, email, organization and a password. You agree that all information submitted to Ex Libris upon registering will be true, accurate, complete and will be kept current. Ex Libris reserves the right to refuse a registration request for any reason. Issues concerning collection and use of your information by Ex Libris are described in Ex Libris' privacy policy available at http://www.exlibrisgroup.com/category/Privacy. If Ex Libris has grounds to suspect that any information you provide is untrue, inaccurate or incomplete, or in the event of a breach by you of these Terms of Use, Ex Libris has the right to suspend or terminate your account. You agree that Ex Libris may send you important information and notices regarding the Developer Network and your Member account by email.

 

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 improper or illegal use of your account.

You may cancel your account at any time by contacting us at api-team@exlibrisgroup.com.

 

Gathering Non-Personally-Identifying Information.

Like most 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 Internet Protocol address, 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.

A "Web Cookie" is a string of information that a site stores on your computer, and your browser provides to this Site, each time you submit a query to this Site. Ex Libris may use Web Cookies to track the pages that you visit during each Site session, both to help Ex Libris improve your experience and to help Ex Libris understand how this Site is being used.

IF YOU DO NOT WISH TO HAVE WEB COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSER TO REFUSE WEB COOKIES BEFORE ACCESSING THIS SITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THIS SITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. IF YOU REFUSE WEB COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

 

User Responsibilities; Use Restrictions;

You agree you will not do any of the following while using or accessing the Site or any content, code, APIs or any other materials available on the Site:

  1. Use the Site or Platform or any content thereon in connection with any commercial endeavors in any manner. Any commercial use of the Site or Platform or any content thereon, including without limitation the APIs, shall require a separate license agreement from Ex Libris. 
  2. Attempt to gain unauthorized access to the Site or the Platform or any part thereof;
  3. Impersonate another person or falsely say or imply that you are associated with another person or entity;
  4. Harvest, collect or mine information about other users of the Site;
  5. 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;
  6. Breach or impair or circumvent any security or authentication measures protecting the Site;
  7. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site;
  8. Attempt to access, search, or meta-search the Site or content thereon with any engine, software, tool, agent, device, or mechanism;
  9. Use, launch, or permit to be used any automated system, including without limitation "robots," "crawlers," or "spiders";
  10. 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;
  11. 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 Our 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.
  1. Use the Site or Platform in any manner not 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, or offensive 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.

 

Available Resources

There are various informational resources made available on the Developer Network. These include (i) all content on or made available through the Site, including but not limited to 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 related documentation (the "APIs) which allow for the development of code to facilitate interoperability between Ex Libris programs and third party applications (the "Applications"); and (iii) links to code developed for use with Ex Libris programs and/or services, whether developed by Ex Libris or by any other User of the Site ("Developer Code").

 

Intellectual Property Rights

The Developer Network is a free community-based online portal for developers created to foster discussion and collaboration. To further this goal, Ex Libris do not claim ownership or control over any content submitted, posted or displayed by Users on or through the Developer Network.

You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Developer Content or Developer Code you submit, post or display on or through the Developer Network and you are 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, worldwide, fully paid up 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, Developer Code, documentation, APIs, 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 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.

 

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, 91481

 

User Content

Ex Libris does not endorse, support represent 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 and non-proprietary 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

Ex Libris hereby grants Members a non-exclusive, royalty free, non-transferrable license to the Ex Libris APIs and related documentation 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. When accessing an API, User will receive a unique service key (the "API Key") which is linked to the User's account. You acknowledge that the API Keys may provide access to your data which is stored in the Ex Libris programs and/or services ("Data").

Please be aware that the testing, installation or enablement of APIs may result in the transmission of your Data outside of Ex Libris' programs and/or services during normal use. Furthermore, third parties may be able to obtain access to your Data through the APIs, which may result in the disclosure, modification or deletion of your data by those third parties. Ex Libris is not responsible for any such transmission, disclosure, modification or deletion of your data by or through the APIs. User may not sell, transfer, sublicense or otherwise disclose the API Keys to any third party, with the exception of third parties who are providing services to User and subject to User remaining responsible for such third party's activities and for their compliance with these Terms of Use. You are responsible for maintaining the confidentiality of all API Keys and for any activities that occur using the API Keys. You agree to indemnify and hold Ex Libris harmless for any improper or illegal use of your API Keys.

 

User may find information relating to the usage of the APIs and the performance of the APIs on the Ex Libris Dashboard. All APIs, related documentation and information available on the Ex Libris Dashboard or provided "as is" and subject to the no warranty section below. 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.

 

Developer Code

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 Members under open source license terms. Unless otherwise stated, the Developer Code contributed by Ex Libris is 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 Site may link to websites belonging to third parties which contain Developer Code. Ex Libris provides links to these third party websites for ease of reference only and does not endorse the companies, institutions, individuals or contents of any linked sites. Ex Libris has no control over the content or information posted on such third party websites and does not assume any responsibility or liability therefore. Ex Libris provides these links as a convenience. We are not responsible for the availability or content of these sources, and you should direct any concerns regarding any external link directly to such site. Furthermore, you should refer to these third party websites respective privacy notices and terms of use.

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.

   

No Warranty

Your use of the Site and all content therein (including, without limitation, Developer Content, Developer Code and APIs) is at your sole discretion and risk. The Site and all content therein (including, without limitation, Developer Content, Developer Code and APIs) 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 CONTENT AND/OR CODE ORIGINATING FROM EX LIBRIS AND/OR OTHER USERS) AND APIs, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE 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; AND (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 IS NOT PART OF ANY LEGAL AGREEMENT OR PROGRAM DOCUMENTATION. EX LIBRIS FURTHER DISCLAIMS ANY RESPONSIBILITY WHATSOEVER FOR ANY CONTENT (INCLUDING DEVELOPER CONTENT AND DEVELOEPR CODE) OR MATERIAL ON DEVELOPER NETWORK NOT ORIGINATING FROM EX LIBRIS, WHETHER OR NOT EX LIBRIS REVIEWED OR MODERATED SUCH CONTENT.

 

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 Code; and/or (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. This includes but is 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 limitation 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 modification, suspension or discontinuance.

 

Indemnity

You agree to indemnify and hold Ex Libris and its officers, directors, employees, and agents harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from content (including Developer Content and Developer Code) you submit to or post on the Developer Network, your use of the Developer Network, your violation of these Terms of Use, or your violation of any rights of a third party.

 

Export Control

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 of software across national borders or to its use in any such jurisdiction.

 

Governing Law and Jurisdiction.

Your use of the Developer Network and these Terms of Use shall be governed and interpreted pursuant to the laws of the State of Israel, notwithstanding any principles of conflicts of law. If you access this site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site. The sole jurisdiction for all suits or cases arising out of the Terms of Use shall be Tel Aviv, Israel and all parties consent to exclusive jurisdiction therein.

 

Miscellaneous.

Except as expressly stated in these Terms of Use, these Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Ex Libris may assign this agreement or any rights hereunder without your consent. Ex Libris' failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

 

If you have any questions or concerns about the Terms of Use for this Site or its implementation you may contact us at api-team@exlibrisgroup.com.

 

Last update: April 2014