AirSig Web API Terms of Use

Thank you for using the AirSig Web application programming interfaces (the "AirSig Web API"). By using the AirSig Web API, you have to agree to the terms below. If you disagree with any of these terms, AirSig does not grant you a license to use the AirSig Web API. We reserve the right to update and change these terms from time to time without notice.

Your license to the AirSig Web 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 AirSig Web API. AirSig will give you one month advance notice if we decide to terminate your license. Your rights to use the AirSig Web API terminate automatically if you violate any of these terms.

1. Licensed Uses and Restrictions

The AirSig Web API are owned by AirSig Inc. and are licensed to you on a worldwide, non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These terms define legal use of the AirSig Web API, including all updates, revisions, substitutions, and any copies of the AirSig Web API made by or for you. All rights not expressly granted to you are reserved by AirSig Inc.

You shall not:

(1) Use the AirSig Web API for any application that replicates or attempts to replace the essential user experience of AirSig.com or the AirSig apps.
(2) Use the AirSig Web API to spam, incentivize, or harass users.
(3) Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use AirSig Web API.
(4)Use the AirSig Web API for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
(5)Use the AirSig Web API in any manner or for any purpose that violates any law or regulation, or any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
(6)Use AirSig as a generic image hosting service for banner advertisements, graphics, etc.
(7)Use the AirSig Web API in a manner that adversely impacts the stability of AirSig.com servers or adversely impacts the behavior of other applications using the AirSig Web API. Further, we reserve the right to rate limit or block applications that make a large number of calls to the API that are not primarily in response to direct user actions.
(8)Sell, lease, or sublicense the AirSig Web API or access thereto or derive revenues from the use or provision of the AirSig Web API, whether for direct commercial or monetary gain or otherwise, except as set forth below.

2. Brand Assets

Use of AirSig Inc.'s brand assets (e.g., the AirSig Inc. name and logo) is governed by AirSig Inc.

3. Ownership and Relationship of Parties

The AirSig Web API may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Taiwan and other countries. AirSig Inc.'s rights apply to the AirSig Web API and all output and executables of the AirSig Web API, excluding any software components developed by you which do not themselves incorporate the AirSig Web API or any output or executables of the AirSig Web 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. AirSig Inc. owns all rights, title, and interest in and to the AirSig Web API. These terms grant you no right, title, or interest in any intellectual property owned or licensed by AirSig Inc., including (but not limited to) the AirSig Web API and AirSig Inc. trademarks.

4. Support and Service

Support & Service

Maximum amount of application embedded/integrated with AirSig Web API

5

Online support such as E-mail and forum

Yes

AirSig marketing assistance for application/service which applied AirSig Web API

Yes

5. Fees and Payments

Web API service is free based on AirSig annual license review.

6. Disclaimer of Any Warranty

Some of the AirSig Web API may be experimental and not tested in any manner. AirSig Inc. does not represent or warrant that any AirSig Web API are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.

The AirSig Web API are provided "as is" with no warranty, express or implied, of any kind and AirSig Inc. expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement.

Your use of the AirSig Web API is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any AirSig Web API including, but not limited to, any damage to your computer system or loss of data.

7. Limitation of Liability

AirSig Inc. 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 AirSig Web 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 AirSig Inc.has been advised of the possibility of such damages. Under no circumstances shall AirSig Inc. 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 AirSig Inc., 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 the AirSig Web 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 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 AirSig Inc. 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 the AirSig Web 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. AirSig Inc. shall use good faith efforts to provide you with written notice of such claim, suit or action.

11. General Terms

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the API Terms of Use, you and AirSig Inc. shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of AirSig Inc., express or implied, and you shall not attempt to bind AirSig Inc. to any contract.

Invalidity of Specific Terms. If any provision of the API Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that the other provisions remain in full force and effect.

Location of Lawsuit and Choice of Law. The API Terms of Use and the relationship between you and AirSig Inc. shall be governed by the laws of Taiwan(Republic of China) without regard to its conflict of law provisions. You and AirSig Inc. agree to submit to the personal jurisdiction of the courts located within Taipei City, Taiwan(Republic of China)

No Waiver of Rights by AirSig Inc.. AirSig Inc.'s failure to exercise or enforce any right or provision of the API Terms of Use shall not constitute a waiver of such right or provision.

Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the API Terms of Use. Any construction or interpretation to be made of the API Terms of Use shall not be construed against the drafter. The API Terms of Use constitute the entire agreement between AirSig Inc. and you with respect to the subject matter hereof.