Datafile License Agreement
Last Updated: 3-13-08
NOTICE -- READ THIS BEFORE DOWNLOADING, COPYING OR USING THIS BINARY APPLICATION RESOURCE (“DATAFILE”).
TO OBTAIN A LICENSE FOR THE TEXTWISE DATAFILE, GO TO http://www.semantichacker.com/api/datafile-license-agreement.
The Datafile is a file of Topic/Category labels that correspond to the Semantic Dimensions in the TSV Semantic Dictionary. These labels can be mapped to the Semantic Dimensions (index number) for a Semantic Signature returned by the SemanticHacker API. These labels represent the dimensions that result in a Semantic Signature.
DOWNLOADING AND USING THE DATAFILE ACCOMPANYING THIS LICENSE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING OR USING THE DATAFILE. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO DOWNLOAD THE DATAFILE. PLEASE NOTE THAT YOUR USE OF THIS DATAFILE MUST COMPLY WITH THE PROVISIONS EXPRESSLY PROVIDED IN THIS AGREEMENT.
License. This Datafile is licensed, not sold, to you by TextWise. The term “Datafile” shall also include any updates of the Datafile licensed to you by TextWise. Subject to the terms of this agreement, you have a personal, nontransferable, nonexclusive, non-assignable and non-sublicensable right under its intellectual property rights (including patent rights) to use, modify, copy, make derivative works of and otherwise exploit the Datafile. You agree to use your best efforts to prevent and protect the contents of the Datafile from unauthorized disclosure or use. TextWise reserves all rights not expressly granted to you. Except as provided above, you agree not to make publicly available in its entirety or in part the contents of the Datafile.
Limitation on Use. You agree not to (i) assign, transfer, lease, or rent the Datafile, or (ii) use the Datafile to develop or write an application that is unlawful, illegal, obscene, injurious, or any anything that TextWise deems unsuitable. You shall not remove, alter, cover or obfuscate any copyright notices or other proprietary rights notices placed or embedded by TextWise on or in the Datafile.
Transfer. You may not sublicense, assign, delegate, rent, lease, time-share or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void.
Copyright. The Datafile is copyrighted by TextWise. Except as provided above, you may not copy the Datafile for any third party except that you may provide a backup copy to load the Datafile into the computer as part of executing the Datafile. Any and all other copies of the Datafile made by you are in violation of this license.
Ownership. You agree that all rights, title and interest in and to the Datafile, including all intellectual property rights thereto belong to TextWise. You agree that you neither own nor hereby acquire any claim or right of ownership to the Datafile or to any related patents, copyrights, trademarks or other intellectual property. TextWise retains all right, title and interest in and to the Datafile at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy.
Termination. This license is effective until terminated. You may terminate this license at any time by destroying the Datafile and the permitted backup copy. This license automatically terminates if you fail to comply with its terms and conditions. TextWise has the right to terminate this license for any or no reason with or without notice.
DISCLAIMER OF WARRANTY. TEXTWISE PROVIDES THE DATAFILE “AS IS” AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. All risk of quality and performance of the Datafile is with you, the licensee. This disclaimer of warranty constitutes an essential part of this agreement.
LIMITATION OF REMEDIES. IN NO EVENT WILL TEXTWISE BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE DATAFILE. INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE DATAFILE, EVEN IF TEXTWISE, ITS LICENSORS OR AN AUTHORIZED TEXTWISE DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Applicable Law. This license will be governed by the laws of the State of New York, without reference to conflicts of laws principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this license.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Datafile and supersedes any other written, oral or electronic agreement.
Waiver of Breach. No waiver of breach or failure to exercise any option, right or privilege under the terms of this Agreement or any order on any occasion or occasions shall be construed to be a waiver of the same or any other option, right or privilege on any other occasion.
