Acceptance of Terms
Unless otherwise agreed to in a signed writing between You and Wolfram|Alpha, these Terms contain the complete expression of the rights and limitations associated with Your use of the Wolfram|Alpha API. Should you object to any provision or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Wolfram|Alpha API in any way, you should immediately discontinue the use of the Wolfram|Alpha API.
These Terms may be updated by Wolfram|Alpha, and Wolfram|Alpha will undertake reasonable efforts to notify You of such changes. However, You understand and agree that You are solely responsible for reviewing these Terms from time to time. The most current version of these Terms will be available at http://products.wolframalpha.com/api/termsofuse.html. Any continued use of the Wolfram|Alpha API by You after such amended Terms have been posted or information regarding such amendment has been sent to You shall be deemed your consent and agreement to such amended Terms.
Description of Services
Wolfram|Alpha will provide results ("Results") from the Wolfram|Alpha cloud service that will be displayed by, or otherwise used within, Your API Client.
Marks License and Attribution
"Wolfram|Alpha Marks" means the trade names, trademarks, service marks, logos, domain names, and other distinctive marks of Wolfram|Alpha. Wolfram|Alpha grants You a non-exclusive license to use the Wolfram|Alpha Marks solely in connection with their display on or through the API Client as delivered by Wolfram|Alpha. Your API Client shall provide proper attribution to Wolfram|Alpha whenever such content is displayed or accessed by providing the end user with a direct link to the specific Wolfram|Alpha result page from which the content was derived. Wolfram|Alpha may terminate Your license to use the Wolfram|Alpha Marks at any time for any or no reason. You shall not at any time challenge or assist others to challenge Wolfram|Alpha Marks or their registration (except to the extent You cannot give up that right by law) or to register any trademarks, marks, domains, or trade names obviously similar, in Wolfram|Alpha's discretion, to those of Wolfram|Alpha. This prohibition survives any termination or expiration of this Agreement.
Unless part of a written agreement to the contrary, You are required to provide a conspicuous hyperlink directly to the corresponding results page of the Wolfram|Alpha website (http://www.wolframalpha.com/) on every page with Results.
Wolfram|Alpha will provide You with an AppID for accessing the Wolfram|Alpha API. You represent that all information You submitted in order to obtain the AppID is true and accurate. Wolfram|Alpha may monitor Your use of the Wolfram|Alpha API to ensure quality, improve Wolfram|Alpha products and services, and verify Your compliance with these Terms. You shall not interfere with such monitoring or otherwise obscure from Wolfram|Alpha Your use of the Wolfram|Alpha API, and You acknowledge the affirmative responsibility to notify Wolfram|Alpha if any information or intention conveyed in your API Client changes.
Your API Client will not, and You will not, encourage or create functionality for Your users or other third parties to:
interfere or attempt to interfere in any manner with the proper workings of the Wolfram|Alpha API, or create or distribute any API Client that adversely affects the functionality or performance of Wolfram|Alpha or services provided by Wolfram|Alpha;
circumvent or render ineffective any IP address-based functionality or restriction;
except as expressly permitted hereunder, sell, lease, lend, convey, redistribute, or sublicense to any third party all or any portion of the Wolfram|Alpha API or Wolfram|Alpha data without the express written permission of Wolfram|Alpha;
compromise the integrity of any Wolfram|Alpha Results made available through the Wolfram|Alpha API;
other than through Your approved API Client, deliver, distribute, sell, or in any way use any Wolfram|Alpha data or content made available through the Wolfram|Alpha API;
access, cache, store, retain, or in any way compile any copies or portion of any Wolfram|Alpha content by any means other than as indicated in Your API Client;
use the Wolfram|Alpha API intentionally to encourage or promote copyright infringement or the exploitation of copyright-infringing materials;
replicate, in whole or in part, the "look and feel" of Wolfram|Alpha with Your API Client. Your API interface may not be composed of a combination of visual, design, or functional elements that could reasonably be expected to cause confusion between Wolfram|Alpha and Your API interface among users thereof. Also, Your API Client may not disparage or otherwise negatively represent Wolfram|Alpha;
decompile, disassemble, or reverse engineer the Wolfram|Alpha API or website;
use any means, including but not limited to script or programming, to scrape or mine the data or other content associated with the Wolfram|Alpha API or website;
misrepresent Your identity or intentions when applying for the Wolfram|Alpha API, use the developer credentials licensed to a different individual or entity, allow Your credentials to be used by others, or mask Your usage of the Wolfram|Alpha API; or
utilize the Wolfram|Alpha API in association with, or as a component of, any website that in the sole discretion of Wolfram|Alpha is determined to be obscene or otherwise inappropriate.
Unless part of a written agreement to the contrary, Your API Client is prohibited from caching Wolfram|Alpha content.
Wolfram|Alpha may discontinue, modify, or update the Wolfram|Alpha API and the underlying functionality, format, and display of the Wolfram|Alpha Results for any reason at any time. If Wolfram|Alpha in its discretion chooses to cease providing the current version of the Wolfram|Alpha API, Wolfram|Alpha will use commercially reasonable efforts to continue to operate the noncurrent version of the Wolfram|Alpha API and to respond to problems with the noncurrent version of the Wolfram|Alpha API deemed by Wolfram|Alpha in its discretion to be critical.
Usage, Quotas, Fees, and Payment Terms
Any applicable Wolfram|Alpha API limits and usage quotas, including but not limited to number of Results that may be received by Your API Client within a 30-day period and the number of allowed AppIDs associated with your API Client, will be expressed in the API Plan Summary you will receive when you register for the Wolfram|Alpha API through the Wolfram|Alpha Developer Portal. Any attempt to circumvent these limits and usage quotas shall be construed as a breach of this Agreement, and Your API Client shall be subject to termination. Wolfram|Alpha may adjust these limits and usage quotas at its discretion. There shall be no fees associated with the standard API Client; however, by supplemental written agreement you may enter into a Commercial License Agreement for expanded limits and usage quotas for a fee. Your AppID will be activated when it is created by You in the Wolfram|Alpha Developer Portal.
You understand that Wolfram|Alpha content is provided as-is, and that not all the data available on the publicly available website will be available in the Wolfram|Alpha API for any reason, including but not limited to licensing and third-party restrictions and limitations.
Resellers and Aggregators
Unless part of a written agreement to the contrary, resellers that might use the Wolfram|Alpha API or AppID to power a website for another company and aggregators that compile listings from multiple sources are prohibited from using the Wolfram|Alpha API under this Agreement.
Suspension of Service
In addition to Wolfram|Alpha's rights to terminate these Terms, access to the service may be suspended or interrupted by unanticipated or unscheduled events. Wolfram|Alpha will have the right to suspend access in these situations.
Further Legal Provisions
Compliance with Laws
In connection with Your use of the Wolfram|Alpha API, You are responsible for complying with all applicable laws, rules, and regulations; the rights of third parties; and all Wolfram|Alpha policies described herein. You shall not use the Wolfram|Alpha API in a manner that violates such laws, rules, and regulations; the rights of third parties; or the Wolfram|Alpha policies, or in a manner that is deceptive, unethical, false, or misleading.
No Implied Rights
Except as expressly granted herein, neither party through this Agreement grants the other party any intellectual property rights or other proprietary rights. As between You and Wolfram|Alpha, Wolfram|Alpha, its corporate affiliates, and its applicable licensors retain all intellectual property rights (including all patent, trademark, copyright, trade secret, and other proprietary rights) in and to the Wolfram|Alpha API and its documentation and content, all Wolfram|Alpha websites, and all Wolfram|Alpha services and content in connection therewith. You retain all intellectual property rights in and to Your API Client, excluding foregoing Wolfram|Alpha materials and intellectual property. All license rights granted herein are not sublicensable, transferable, or assignable unless otherwise stated herein or with the express written permission of Wolfram|Alpha.
This Agreement is a non-exclusive agreement. You acknowledge that Wolfram|Alpha may be developing and may develop products or services that may compete with this Wolfram|Alpha API, API Clients, or any other products or services.
You agree that Wolfram|Alpha may use Your company, organization, or product name and/or logo in presentations, marketing materials, customer lists, financial reports, website listings of customers, research and marketing case studies, and other marketing-related activities. You may not issue any public announcement regarding Your use of the Wolfram|Alpha API that suggests partnership with Wolfram|Alpha without Wolfram|Alpha's prior review and written approval, at Wolfram|Alpha's sole discretion.
You shall not disclose Your API AppIDs to any third party except Your legal representative(s) using such information solely on Your behalf in accordance with this Agreement and under a written duty of confidentiality. You shall not disclose Wolfram|Alpha Confidential Information to any third party without Wolfram|Alpha's prior written consent. ("Wolfram|Alpha Confidential Information") means all non-public Wolfram|Alpha software, technology, programming, and specifications relating to the Wolfram|Alpha API, and any other information designated by Wolfram|Alpha to be confidential or otherwise nonpublic. If You become aware of any breach or possible breach of Your duty of confidentiality, You must notify Wolfram|Alpha immediately and cooperate in all remedial actions requested by Wolfram|Alpha.
You shall indemnify, defend, and hold Wolfram|Alpha, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments, and expenses (including reasonable attorney fees) arising out of or in connection with any claim, action, or proceeding (any and all of which are "Claims") by a third party arising out of Your use of the Wolfram|Alpha API in any manner that fails to comply with Your duties associated with any provision of this Agreement. You agree that continued operation and support of an API Client in violation of this Agreement would cause Wolfram|Alpha irreparable harm.
Any licenses contained in this Agreement will terminate automatically without notice if You fail to comply with any provision of this Agreement. Wolfram|Alpha reserves the right to terminate this Agreement or discontinue the Wolfram|Alpha API or any portion or feature thereof for any or no reason and at any time without liability to You. Upon termination, You shall immediately stop and thereafter desist from using the Wolfram|Alpha API and delete all API Results in Your possession or control (including, without limitation, from Your servers).
Wolfram|Alpha may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by changing these terms and conditions, emailing to the email address of Your account or account associated with Your developer credentials, or otherwise undertaking reasonable efforts to notify You. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE WOLFRAM|ALPHA API OR CONTINUED DEVELOPMENT FOLLOWING POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE WOLFRAM|ALPHA SITE WILL CONSTRUE BINDING ACCEPTANCE OF THE CHANGE. Any modifications by You to this Agreement shall be made in a writing executed or acknowledged by both parties. Any notices to Wolfram|Alpha shall be sent to the Wolfram|Alpha corporate headquarters via first class or air mail or overnight courier, and are deemed given upon receipt.
Disclaimer and Limitation of Liability
WOLFRAM|ALPHA makes no warranties, other than those specifically indicated in this Agreement, to You or to any third party. Acceptance of this Agreement indicates that You have read and understand all disclaimers of warranty and limitations of liability contained herein. WOLFRAM|ALPHA shall have no obligation or liability with respect to any claim, suit, or proceeding based upon any use of the API Client. WOLFRAM|ALPHA MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE WOLFRAM|ALPHA API, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, INTEROPERABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL WOLFRAM|ALPHA BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATERIALS OR SERVICES FURNISHED HEREUNDER, EVEN IF WOLFRAM|ALPHA HAS BEEN ADVISED, KNOWS, OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WOLFRAM|ALPHA'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT OR ANY MATERIALS OR SERVICES FURNISHED HEREUNDER EXCEED THE TOTAL AMOUNT THAT WAS ACTUALLY PAID TO WOLFRAM|ALPHA BY LICENSEE UNDER THE AGREEMENT AS OF THE DATE SUCH CLAIM AROSE. THE LIMITATIONS STATED IN THIS SECTION APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY), TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE GROUND. EACH OF THESE LIMITATIONS OF LIABILITY IS INTENDED TO BE ENFORCEABLE REGARDLESS OF WHETHER ANY OTHER EXCLUSIVE OR NON-EXCLUSIVE REMEDY UNDER THIS AGREEMENT FAILS ITS ESSENTIAL PURPOSE. THIS SECTION STATES WOLFRAM|ALPHA'S EXCLUSIVE LIABILITY AND OBLIGATION, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY CLAIM, SUIT, OR PROCEEDING.
You hereby release and covenant not to sue Wolfram|Alpha and its corporate affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns, or successors for any and all damages, liabilities, causes of action, judgments, and claims (a) pertaining to any intellectual property You develop that is based on, uses, or relates to the Wolfram|Alpha API; and (b) that otherwise may arise in connection with Your use of, reliance on, or reference to the Wolfram|Alpha API.
The Agreement is governed by Illinois law, except for Illinois's conflicts of laws, principles, and all claims arising out of or relating to this Agreement or the Wolfram|Alpha content and services shall be litigated exclusively in the federal or state courts of Champaign County, Illinois, USA, and You and Wolfram|Alpha consent to personal jurisdiction in those courts. The Agreement, and any documents referenced herein, constitutes the entire Agreement between the parties with respect to the subject matter hereof. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect. You shall not assign or otherwise transfer any of Your rights or delegate Your obligations hereunder, and any such attempt is null and void. You and Wolfram|Alpha are not legal partners or agents, but are independent contractors.