Thank you for using the Daylife application programming interface (the "Daylife API"). By using the Daylife API, you agree to the terms below. If you disagree with any of these terms, Daylife does not grant you a license to use the Daylife API. Daylife reserves the right to update and change these terms from time to time, without notice. You can always find the most recent version of these terms at http://developer.daylife.com/TOU
Your license to the Daylife API under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Daylife API. Daylife may terminate the license at any time for any reason. Your rights to use the Daylife API terminate automatically if (i) you violate any of these terms, (ii) Daylife publicly posts a written notice of termination on www.daylife.com, (iii) Daylife sends a written notice of termination to you, or (iv) Daylife disables your access to the Daylife API.
1. Licensed Uses and Restrictions.
The Daylife API is owned by Daylife, Inc. (hereinafter "Daylife") and is licensed to you, with limitations, on a worldwide, non-exclusive, non-sublicenseable basis, on the terms and conditions set forth herein. These terms define permissable use of the Daylife API, and of all updates, revisions, substitutions, and any copies of the Daylife API made by or for you. All rights not expressly granted to you in this agreement are reserved by Daylife.
A. You agree to the following:
B. You shall not:
You shall not use "Daylife" in the URL of your application (e.g., daylife.mydomain.com, or www.mydomain.com/daylife/content.phtml).
You shall place the following notice prominently on your application: "This product uses the Daylife API but is not endorsed or certified by Daylife."
On every page that makes use of the Daylife API, you MUST display a logo crediting Daylife, following the guidelines available at http://developer.daylife.com/page/branding.
You may not otherwise use the Daylife logo without specific written permission from Daylife.
Any use of the Daylife logo in your application shall be less prominent than the logo or mark that primarily describes the application. Your use of the Daylife logo shall not imply any endorsement by Daylife.
3. Ownership and Relationship of Parties.
The Daylife API may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Daylife's rights apply to the Daylife API and all output and executables of the Daylife API, excluding any software components developed by you which do not themselves incorporate the Daylife API or any output or executables of the Daylife API. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. Daylife owns all rights, title, and interest in and to the Daylife API. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Daylife, including (but not limited to) the Daylife API and Daylife trademarks.
Daylife may elect to provide you with support or modifications for the Daylife API (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Daylife may change, suspend, or discontinue any aspect of the Daylife API at any time, including the availability of the Daylife API. Daylife may also impose limits on certain features and services or restrict your access to parts or all of the Daylife API without notice or liability.
5. Fees and Payments.
Daylife is committed to providing free access to our API, under the terms and limitations enumerated above. However, providing the API does have real costs for Daylife, and Daylife reserves the right to charge fees for future use of or access to the Daylife API, to change the format or content of the data returned via the API, and to change these terms at any time, without notice or liability.
6. Disclaimer of Any Warranty.
SOME OF THE DAYLIFE API MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. DAYLIFE DOES NOT REPRESENT OR WARRANT THAT ANY DAYLIFE API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE DAYLIFE API IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND DAYLIFE 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 DAYLIFE API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE DAYLIFE API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
7. Limitation of Liability.
DAYLIFE 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 DAYLIFE 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 DAYLIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL DAYLIFE BE LIABLE TO YOU FOR ANY AMOUNT.
8. 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 6 AND 7 MAY NOT APPLY TO YOU.
9. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Daylife, 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 Daylife API. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 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 state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
10. Hold Harmless and Indemnity.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Daylife 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 Daylife 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. Daylife shall use good faith efforts to provide you with written notice of such claim, suit or action.
11. General Terms.