1. LICENSED USES AND RESTRICTIONS
(vii) Control Access to Systems. To the extent You have control or influence over the Systems, You will log (in a time and date-stamped fashion) all instances of access to the Systems. You will encrypt the password and username files for the Systems that store or process any BITEXT user data that You are permitted by BITEXT to access. Passwords must be unique, unintuitive, and changed often. You will minimize access to and use of the passwords. Wherever possible, commands which require additional privileges should be securely logged (with time and date) to enable a complete audit trail of activities. When an individual terminates his or her employment with You, his or her passwords and access password facilities must be terminated immediately. (viii) Security Reviews. BITEXT will have the right, at its own expense, to review, or to have an independent third party to inspect and review Your compliance with these security provisions. You will (at Your own expense) correct any security flaws detected by such a review as soon as possible. You will then promptly certify to BITEXT in writing that the security flaw has been corrected, along with a description of the corrective action(s) taken. Any such review will be conducted during regular business hours in such a manner as not to interfere with normal business activities. If a review reveals a material breach of any of these security provisions, You will reimburse BITEXT for the reasonable costs of the review.
2. OWNERSHIP AND RELATIONSHIP OF PARTIES
BITEXT may elect to provide you with support or modifications for the Bitext API (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. BITEXT may change, suspend, or discontinue any aspect of the Bitext API at any time, including the availability of any Bitext API. BITEXT may also impose limits on certain features and services or restrict your access to parts or all of the Bitext API or the BITEXT Web site without notice or liability. Please register your application for priority notification of status alerts.
SHARING OF INFORMATION
4. FEES AND PAYMENT
BITEXT reserves the right to charge fees for future use of or access to the Bitext API or the BITEXT services and Web sites (collectively, “Bitext API Services”) in BITEXT’s sole discretion. If BITEXT decides to charge for the Bitext API Services, such charges will be disclosed to you prior.
5. DISCLAIMER AND WARRANTY
SOME PARTS OF THE BITEXT API ARE EXPERIMENTAL AND HAVE NOT BEEN EXHAUSTIVELY TESTED. BITEXT DOES NOT REPRESENT OR WARRANT THAT ANY BITEXT API ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE BITEXT API ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND BITEXT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON- INFRINGEMENT. YOUR USE
OF BITEXT API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY BITEXT API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
6. LIMITATION AND LIABILITY
BITEXT SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE BITEXT API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT BITEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL BITEXT BE LIABLE TO YOU FOR ANY AMOUNT.
7. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
8. RELEASE AND WAIVER
To the maximum extent permitted by applicable law, you hereby release and waive all claims against BITEXT, 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 Bitext API. 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 country 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 BITEXT 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 Bitext API, 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. BITEXT shall use good faith efforts to provide you with written notice of such claim, suit or action.
10. GENERAL TERMS