Reston, VA, April 4, 2023
This License Agreement ("Agreement") is entered into between “us” - ScientiaMobile, Inc., Reston, VA, USA - and “you” - the individual or entity accessing or using the service called WURFL Query REST API (or QuWURFL for short).
Your use of the Service is subject to the terms of this agreement, and you agree to this agreement by electing to use Service. You represent that you have full power, capacity and authority to accept this agreement. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to this agreement. If you don’t have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts this agreement. In this agreement such entity, or you if your use of the Service is personal, are referred to as “you” and “your“. If you do not agree to this agreement you have no right to use the Service.
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, revocable, limited license to access and use QuWURFL solely for the purpose of integrating the API into your application or applications.
You shall not:
You shall not collect, store, screen-scrape, or distribute data obtained through the API to third parties without our express written consent. You shall comply with all applicable data protection and privacy laws and regulations.
We retain all rights, title, and interest in and to QuWURFL, including all intellectual property rights therein. This Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect of the API.
We may terminate this Agreement and the license granted herein at any time, with or without cause, with and without notice. While we will make reasonable effort to advertise changes to the availability of the service or to this license, it is your responsibility to periodically access our website and obtain information on changes to the API, to the license or to configuration that may interfere with the correct working of your application.
QuWURFL is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of or in connection with this Agreement or the use of QuWURFL, even if we have been advised of the possibility of such damages.
We reserve the right to modify, update, or discontinue the API at our sole discretion. You are responsible for ensuring that its applications are compatible with any changes to the API.
You may terminate this agreement at any time by stopping all use of the Service with respect to your Website. You have no obligation to notify us if you wish to terminate this agreement. We may terminate the Service at any time for any or no reason, either with respect to all users of the Service or with respect to you. We have no obligation to notify you in advance of such termination, which shall be effectuated by the Service no longer being available when you or users of your Website attempt to use the Service, and you agree that we shall have no liability to you or your users for any harm that may arise out of our termination of the Service without notice. We reserve the right to make changes to this agreement from time to time. When these changes are made, we will make a new copy of this agreement available at this website (or such successor URLs that we may designate from time to time) and will post notices within the publicly-available portion of our support website and, unless such change is required by Law, to protect against a security risk, a harm against a person or property or some other similarly serious matter, such changes will not go into effect sooner than 15 days after they are posted to permit you an opportunity to review them. You understand and agree that if you use the Service after the date on which the new agreement goes into effect we will treat your use as acceptance of the updated agreement. If a modification is unacceptable to you, your sole remedy is to terminate this agreement by ceasing use of the Service.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles.
You acknowledge and agree that if you are either directly or indirectly affiliated with one of our commercial competitors (as determined by us at our sole discretion), you are expressly prohibited from accessing or using QuWURFL for any purpose, including but not limited to competitive analysis, benchmarking, or the development of competing products or services. Any such access or use of the API by a competitor or its affiliates is a material breach of this Agreement, and we reserve the right to take any and all necessary legal action, including seeking injunctive relief, damages, or both, against any such competitor or affiliated entity.
You represent and warrant that you are not one of our competitors, nor are you directly or indirectly affiliated with any of our competitors. You agree to notify us immediately if your status changes, or if you become affiliated with one of our competitors during the term of this Agreement.
We reserve the right, at our sole discretion, to introduce rate-limiting measures for the use of the API in order to prevent abuse, ensure fair usage, and maintain the overall performance and stability of the service. By accessing or using the API, you acknowledge and agree that we may impose such rate-limiting measures, which may include, but are not limited to, limiting the number of requests per second, requests per day, or requests per month. We may adjust these limits at any time without prior notice, and it is your responsibility to monitor and comply with any imposed rate limits. Failure to adhere to these limits may result in temporary or permanent suspension of your access to the API.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written, between the parties relating thereto.
By accessing or using QuWURFL, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you must not access or use the API.