1. Introduction; License
Thank you for using the Bazaarvoice, Inc. (“we”, “our” or “Bazaarvoice”) application programming interface(s) (“BV API”). By using the BV API you are agreeing to the terms and conditions contained below (“Terms”). Your license to use the BV API is conditioned upon your agreement and conformant with the Terms. We reserve the right to update and otherwise amend the Terms from time to time without notice. The most recent version of the Terms will be available at the following address: developer.bazaarvoice.com/terms
License grant. Bazaarvoice hereby grants you a revocable, non-sublicenseable, terminable, limited license to use the BV API solely in accordance with the Terms. Your license is automatically revoked if (i) you violate any of the Terms, (ii) we send a written notice of termination to you, or (iii) we disable your use of the BV API.
Adverse and Excessive Use. You may not use the BV API in a manner that adversely impacts Bazaarvoice's systems, including but not limited to Bazaarvoice's servers or other applications. Further we reserve the right to suspend, terminate or throttle your use of the BV API in the event you're your use is deemed excessive by Bazaarvoice.
Keys. You may not use a single API key for multiple use cases or applications, and you may not use multiple application API keys for the same use case or application.
Monitoring. You may not use or access the BV API for purposes or monitoring the availability, performance or functionality of any of Bazaarvoice's products or services or for any other benchmarking or competitive purposes.
Third Party Access. You may provide access to the API to third party developers (e.g. agencies or partners). You are responsible for ensuring that any third party to whom you provide access abides by the Terms. Further, Bazaarvoice reserves the right to reject third party access to the BV API.
Charging for Access. You may not charge a premium for access to the BV API or any content other than your service's standard data and usage rates.
Authenticity. You may not use the BV API to create content that is in violation of the Bazaarvoice Authenticity Policy, a copy of which will be provided to you at your request.
Bazaarvoice owns all right, title and interest in and to the BV API and BV Data. These terms grant you no right, title or interest in any intellectual property owned or licensed by Bazaarvoice, including without limitation the BV API and any BV Data.
Bazaarvoice may elect to provide you with support or modifications for the BV API (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Bazaarvoice may change, suspend, or discontinue any aspect of the BV API at any time, including the availability of any BV API. Bazaarvoice may also impose limits on certain features and services or restrict your access to parts or all of the BV API without notice or liability.
Bazaarvoice reserves the right to charge fees for use or access of the BV API for uses over a certain rate or for certain commercial uses.
6. Disclaimer of Warranty
THE BV API IS PROVIDED “AS IS” AND BAZAARVOICE DISCLAIMS ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS, IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE BV API AND ANY SUPPORT RELATED THERETO, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY OF DATA, AND WARRANTIES ARISING FROM A COURSE OF DEALING.
7. Limitation of Liability
THE FOLLOWING LIMITATIONS OF LIABILITY APPLY IRRESPECTIVE OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ALSO APPLY REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH DAMAGES ARE SOUGHT. HOWEVER, IN NO EVENT WILL THE LIMITATIONS APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
EXCEPT FOR CLAIMS ARISING OUT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL BAZAARVOICE BE LIABLE FOR ANY SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, OF ANY PARTY, INCLUDING THIRD PARTIES, REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF THE FOREGOING. IN ANY CASE, BAZAARVOICE'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE BV API IN THE TWELVE (12) MONTH PERIOD.
8. Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Bazaarvoice, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the BV API. If you are a California resident, you waive your rights under California Civil Code 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
9. Hold Harmless and Indemnity
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Bazaarvoice and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Bazaarvoice APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Bazaarvoice shall use good faith efforts to provide you with written notice of such claim, suit or action.
The Terms are governed by the laws of the State of Texas (excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction). Further, the you and Bazaarvoice agree that any claim or cause of action under or relating to the Terms must be brought in the state or federal courts located in Austin, Texas and you agree to submit to the exclusive personal jurisdiction of such courts. The Terms constitute the entire agreement between the parties regarding the subject matter stated herein, and supersedes all previous communications, representations, understandings, and agreements, either oral, electronic, or written. If any provision of the Terms, or the application thereof, is for any reason and to any extent determined by a court of competent jurisdiction to be invalid or unenforceable under applicable law, a valid provision that most closely matches the intent of the original will be substituted and the remaining provisions of the Terms will be interpreted so as best to reasonably affect its original intent.