Application Development Agreement

The following agreement applies to the use of the Application Programming Interface (hereinafter COPYTRACK-API) of COPYTRACK GmbH, Dresdener Str. 31, 10179 Berlin (hereinafter COPYTRACK). This agreement supplements and incorporates into the COPYTRACK Terms of Use.

1. Definitions

1.1 COPYTRACK-API is any application programming interface provided by COPYTRACK to third parties. It can be provided as User-API or Business-API.

1.2 Licensed Material is any data that is provided by COPYTRACK through the COPYTRACK-API as well as documentation material.

1.3 COPYTRACK platform is the website where the COPYTRACK services are offered.

1.4 COPYTRACK-App is the user platform accessible via the COPYTRACK platform. It allows users to view their customer account, upload images and view the results of the COPYTRACK image search engine and to assert their rights.

1.5 COPYTRACK services includes all services offered by COPYTRACK, in particular the COPYTRACK platform, the COPYTRACK app, the COPYTRACK image search engine and the possibility to order claims.

1.6 Users within the meaning of this agreement are those who use the services offered by COPYTRACK on the COPYTRACK platform.

1.7 Licensee is the person or legal entity to whom or to which a license of the COPYTRACK-API under the provisions of this agreement is granted.

2. COPYTRACK-API, User-API, Business-API

2.1 Any COPYTRACK-API allows the licensee to access the data that are provided by the COPYTRACK-Services. The COPYTRACK-API allows the licensee to create commercial and non-commercial API clients, such as widgets, plugins, add-ons, extensions, web services, or other APIs, that allow end licensees to: (a) access the COPYTRACK App; (b) upload pictures to the COPYTRACK platform (c) use the COPYTRACK services.

2.2 COPYTRACK-API is offered in two kinds of API, that differ in their scope of use. The User-API is offered to anybody who registers to the COPYTRACK platform. With the User-API only the licensee’s data can be accessed. The Business-API is granted upon application and offers the licensee the possibility to create new users within his account. Through the Business-API the licensee can access his own and the account’s users’ data.

3. Obtaining the API

3.1 To request an User-API, the licensee must register on the COPYTRACK platform and create an user account. The registration on the COPY TRACK platform follows the General terms and conditions applicable at the date of the registration. After the registration, an API-Key can be generated in the user account.

3.2 To request a Business-API, the licensee must register on the COPYTRACK platform and create an user account. The registration on the COPY TRACK platform follows the General terms and conditions of use applicable at the date of the registration. After registration, the licensee can contact COPYTRACK and apply for a Business-API. After COPYTRACK examined the application, the licensee will be provided with an API-Key and granted a Business-API.

3.3 COPYTRACK may reject any request to use the API for any reason and/ or invalidate an API-Key at any time.

4. License

4.1 COPYTRACK grants the licensee a limited, personal, revocable, non-exclusive, non-transferable, royalty free license to the licensed material and to use the COPYTRACK-API, subject to the restrictions below and further subject to the licensee’s compliance with the terms of this agreement. This license is for development use only.

4.2 The license granted in sec. 3.1 is subjected to the following restrictions:

i. The COPYTRACK-API may under no circumstances be used by or for companies, employees or persons that are planning or running a service that in any means competes with the COPYTRACK service or offers same services as COPYTRACK.

ii. The licensee must secure all transfer of account information and related data using a minimum of 256 Bit SSL encryption.

iii. The licensee must not attempt to mislead or conceal his identity or the identity of his API Client.

iv. The API Client must not, and the licensee must not use the licensed materials to develop an API Client that constitutes, promotes, contains, transmits, or is used in connection with spyware, adware, viruses, worms, Trojan horses, or other malicious programs or code.

v. The licensee must not use the licensed materials in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.

vi. The licensee must not use the licensed materials in a manner that adversely impacts, interferes with, or disrupts COPYTRACK’s website or servers, or use an unreasonable amount of bandwidth. COPYTRACK may, at any time and without notice, limit the number and manner of queries the licensee sends via the API.

vii. Except as permitted in this agreement, the licensee may not sell, lease, or derive revenue from the licensed materials or access thereto.

viii. The licensee must not use COPYTRACK’s trademarks, service marks, logos, or domain names in any manner that implies a relationship or affiliation with, sponsorship, certification or endorsement by COPYTRACK, other than the licensee’s use of the COPYTRACK-API.

ix. The licensee must not cache or store any data obtained via the COPYTRACK-API other than for reasonable periods and no longer than as necessary to operate the API Client.
x. The licensee must not use the COPYTRACK-API to demonstrate a comparison between COPYTRACK and its competitors in relation to pricing or any other aspect, or to otherwise promote the goods or services of any COPYTRACK competitor.

xi. The licensee is not permitted to distribute, assign, transfer, or sublicense any right to use the COPYTRACK-API, either in whole or part, to any third party.

xii. The licensee agrees to not reverse engineer any aspect of the COPYTRACK service or COPYTRACK confidential and proprietary materials.

5. Term and termination

5.1 COPYTRACK may change, suspend, or discontinue the COPYTRACK-API any time without prior notice.

5.2 COPYTRACK may terminate the agreement at any time and without prior notice.

5.3 Upon the termination of the agreement, all license rights granted herein automatically terminate and the licensee must promptly remove the COPYTRACK-API from his API Client.

6. Confidentiality

6.1 The licensed material is confidential and proprietary to COPYTRACK, and may include COPYTRACK trade secrets. The licensee is not permitted to copy (except for backup purposes), modify, adapt, distribute, decompile, or create derivative works of the confidential and COPYTRACK proprietary materials, or permit or enable others to do so.

6.2 The licensee may disclose licensed material received from COPYTRACK to third parties only to the extent necessary to develop and support API-Clients and only so long as the third party has agreed to maintain the confidentiality of the information.

7. Liability

7.1 COPYTRACK shall be liable without limitation if damage is caused by intent or gross negligence.

7.2 COPYTRACK shall only be liable for slight negligence if it is a breach of essential obligations and is thereby endangering the purpose of the contract or if COPYTRACK violates obligations which fulfil the proper implementation of the contract at all and if the licensee regularly complies with these obligations (Cardinal obligations). In this case, however, COPYTRACK is only liable for the foreseeable, contract-type damage.

7.3 The foregoing limitations on liability do not apply in case of injury to life, body and health.

7.4 Insofar as the liability of COPYTRACK is excluded or restricted, this also applies to the personal liability of COPYTRACK employees, representatives and vicarious agents.

8. Final provisions

8.1 The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

8.2 Contracts concluded with COPYTRACK in the electronic business are not saved after the conclusion of the contract and are not made available to the contractual partner.

8.3 The court of jurisdiction for disputes arising out of or in connection with contracts between COPYTRACK and the licensees who are merchants, legal persons of public law or a public special fund is the place of business of COPYTRACK in Berlin.

8.4 COPYTRACK reserves the right to amend this agreement if a change in the legal situation, the supreme court case or the market conditions so requires. COPYTRACK will send the amended agreement to the ‪contract partner at least four weeks prior to its entry into force and to the intended validity of these new terms and conditions as well as the right of the licensee of the new agreement. If the contractual partner does not object to the validity of the new terms within this period, or if he logs in to the COPYTRACK services or proceeds to use the COPYTRACK-API after the entry into force of the agreement, the new agreement shall be deemed accepted. COPYTRACK will advise licensees of the importance of the four-week period, the right of objection, and the legal consequences of silence. ‬‬‬‬‬‬‬‬‬‬ ‬‬‬‬‬‬‬‬‬‬

8.5 Amendments and additions to this agreement must be made in text form (§ 126b BGB).

Application Development Agreement: March 2017

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