Xively API Terms and Conditions
Thank you for using the Xively API service. By using the Xively API service (the “Service” or “Xively API”) you agree to be bound by the following terms and conditions (the “Terms”).
API License Grant
Subject to Your acceptance of and compliance with these Terms, Xively hereby grants You a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right and license during the term of this Agreement, to access and use the Service, solely in accordance with these Terms. Unless explicitly stated otherwise, any new features and/or capabilities provided by Xively that augment or enhance the current Service shall also constitute “Services” and shall be subject to these Terms.
Legitimate uses only
The Service is made available to you for your legitimate personal and commercial use. You must have a valid Xively account to use the Service. You may only have one Xively account and you may not create any script or other automated tool that attempts to create multiple Xively accounts. Different Service capabilities may be available to Your account and varying API rate limits and/or usage limits may be applied to Your account based on the level of Service chosen and payments (if any) made. You may not use any means, including the registration and use of multiple accounts, to attempt to circumvent these limits. You may create connected devices or write software applications (each an “Application”) that interface with the Service. The Service allows you to authorize Applications used by third parties to access the Service on your behalf. You may not allow any unauthorized third party to access the Services for any purpose whatsoever. You and any Applications that You may build, distribute, or otherwise create may make network calls or requests to the Services at any time that the Services are available, provided that those requests do not violate the Terms and Conditions of Use for LogMeIn’s Cloud Services or these Terms. Furthermore, you may not use the Xively API in any manner that either directly or indirectly violates any laws or proprietary rights. This includes laws and proprietary rights in the United States as well as in other countries. If you have questions on your contemplated use or if you have comments on the Xively API or ideas on how to improve it, please send an email to legal@LogMeIn.com. Please note that by doing so, you also grant LogMeIn permission to use and incorporate your ideas or comments into the Xively API without further compensation.
You acknowledge that Xively may change, deprecate or republish APIs for any Service or feature of a Service from time to time, and that it is Your responsibility to ensure that calls or requests You make to or via our Service are compatible with then-current APIs for the Service. Xively will use reasonable efforts to attempt to inform You of any changes so You can adjust Your Application, but we are under no obligation to do so. Xively may make available, under another license agreement (such as an open source agreement), additional content or software that aid and assist you in using the Service. Any such content or software will be clearly marked with such a license indicating the usage rights available for that content or software. So long as Your Xively account remains in good standing and subject to our commercially reasonable efforts, data generated by Your use of the Service will remain available within the Service. Notwithstanding the above, Xively shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur with respect to loss of data associated with Your account and data therein. You agree not to remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Xively API. You also acknowledge that LogMeIn owns all right, title and interest in and to the Xively API, including without limitation all intellectual property rights (the “LogMeIn Rights”). The LogMeIn Rights include rights to the following: (1) the APIs developed and provided by LogMeIn, and (2) all software associated with the Xively API server. The LogMeIn Rights do not include the following: (1) third-party components used as part of the Xively API; or (2) software developed by you in conjunction with using the Xively API. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Service for any purpose whatsoever.
So long as you comply with your obligations under this Agreement, you may indicate that a product or service that you created either makes use of or is based on the Xively API, provided that those products or services do not in LogMeIn’s reasonable opinion (1) tarnish, infringe, or dilute LogMeIn’s trademarks, (2) violate any applicable law, or (3) infringe any third-party rights. If you wish to use the Xively or LogMeIn trademarks and/or logos in any other manner, you must first obtain LogMeIn’s written consent.
Disclaimer of warranties
LogMeIn disclaims any responsibility for any harm resulting from your use of the Xively API. The Xively API service is provided “as is,” with no warranties whatsoever. LogMeIn expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. LogMeIn disclaims any warranties regarding the security, reliability, timeliness, availability, and performance of the Xively API. You understand and agree that you use the Xively API at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of the Xively API. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of liability
The Xively API service is being provided free of charge. Accordingly, you agree that LogMeIn shall have no liability arising from or based on your use of the Xively API. Under no circumstances shall LogMeIn be liable to any user on account of that user’s use or misuse of the Xively API. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if LogMeIn has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Xively API, from inability to use the Xively APIs, or from the interruption, suspension, or termination of the Xively APIs (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Indemnification You hereby agree to indemnify, defend and hold LogMeIn, and its officers, directors, agents, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of the Xively API, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. LogMeIn reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
LogMeIn’s Xively Cloud Services The Xively API service is designed to be used in conjunction with LogMeIn’s Xively Cloud Services(tm). Accordingly, your use of the Xively API is also defined by the Terms and Conditions of Use for LogMeIn’s Cloud Services. In the event of a conflict between these Terms and the Terms and Conditions of Use for LogMeIn’s Cloud Services, these Terms shall prevail.
Term and termination
If you wish to terminate these Terms, you may simply cease using the Xively API service and delete your Xively account. LogMeIn may terminate these Terms (and your account) at any time, with or without cause.
General provisions These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to the conflict of laws or provisions of Massachusetts or your actual state or country of residence. Any dispute arising from these Terms shall be adjudicated in the federal or state courts located in the city of Boston, Massachusetts. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by LogMeIn.