Polaris PDN And API End User License Agreement

 

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and GIS Information Systems, Inc. (d/b/a Polaris Library Systems), having offices located at 103 Commerce Boulevard, Liverpool, NY 13088 ("Polaris") for the Polaris Application Programming Interface software product, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, the "Polaris API"). An amendment or addendum to this EULA may accompany the Polaris API. BY INSTALLING, COPYING, OR OTHERWISE USING Polaris API, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE Polaris API; YOU MAY, HOWEVER, RETURN IT TO POLARIS FOR A FULL REFUND.

 

The Polaris API is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Polaris API is licensed, not sold.

 

1.   GRANT OF LICENSE. This EULA grants you the following rights provided that you comply with all terms and conditions of this EULA:

 

      a.   Types of Software. The Polaris API is a Web-based REST service comprised of a set of URI's which returns data from and/or performs actions in the Polaris application database.  Method calls are made over TCP connections by sending HTTP GET, PUT, POST and DELETE requests. Nearly any computer language can be used to communication over HTTP with the REST server.) Returns are made as XML and JSON.

 

Polaris API license holders, with a "sandbox" version available to any Polaris customer who requests access. The Network offers forums, API documentation, sandbox servers, test tools, sample code, and downloads, eliminating the need for a training server to test custom solutions that use the Polaris API. See .

 

      b.   Installation and Use of Polaris API Software. The Polaris API is licensed as a single product. The Polaris API Software components may not be separated for use on more than one Server, unless otherwise provided herein. At any given time, you may install one copy of the Polaris API Software on a single computer.

 

      c.   Not for Resale Software. Your use of the Polaris API is limited to use by you, and you may not resell, or otherwise transfer for value, the Polaris API.

 

      d.   No "Multiplexing" or "Pooling." Use of software or hardware that reduces the number of devices directly accessing or utilizing the Polaris API Software (sometimes called "multiplexing" or "pooling" software or hardware) does not reduce the number of Client Access Licenses required; the required number of Client Access Licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware "front end."

 

      e.   Additional Software. Any software provided to you by Polaris which updates or supplements the original Polaris API is part of the Polaris API and is governed by this EULA, unless other terms of use are provided with such updates or supplements. Any software provided to you along with the Polaris API that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement, except if this EULA specifically sets forth the terms of use for such software then the terms set forth in this EULA shall apply.

 

       2.   DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.  You may transfer the Polaris API Software to another computer, provided that it is removed from the computer from which it is transferred. You may not rent, lease, transfer or lend the Polaris API. You may not reverse engineer, decompile, or disassemble the Polaris API, except and only to the extent that such activity is expressly permitted in writing by Polaris. Without  prejudice to any other rights, Polaris may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such  event, you must destroy all copies of the Polaris API and all of  its component parts. With respect to technical  information you provide to Polaris as part of any (if any) support  services related to the Polaris API ("Support Services"), you agree that Polaris (and its affiliates and agents) may collect, process, and use such information for its business purposes, including for product support and development. Polaris will not utilize such technical information in a form that personally identifies you.

 

      3.   INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property  rights in and to the Polaris API (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Polaris API), and any copies you are permitted to make herein are owned by Polaris or its suppliers.  All title and intellectual property rights in and to the content which  may be accessed through use of the Polaris API is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If the Polaris API contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Polaris API. All rights not expressly granted are reserved by Polaris.

 

     4.   PERSONAL NON-COMMERCIAL USE. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Polaris API, use of Polaris API, or access to Polaris API except as otherwise expressly provided herein or as specifically authorized in a separate written agreement.

 

      5.      REINSTALLATION COPY. After installation of one copy of the Polaris API Software pursuant to this EULA, you may keep the original media on which the Polaris API was provided by Polaris solely for archival purposes or, unless as otherwise stated herein, for reinstallation of the Polaris API on the same computer as the Polaris API was previously installed.

 

      6.   DUAL-MEDIA SOFTWARE. You may receive the Polaris API in more than one medium. Regardless of the type or size of medium you receive, you  may use only one medium that is appropriate for your single computer.  You may not use the other medium for another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as permitted in writing by Polaris.

 

      7.   LIMITED WARRANTY. Polaris warrants that the Polaris API will perform substantially in accordance with its intended purpose for a period of ninety (90) days from the date of receipt. 

 

If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT  ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED  WARRANTY (NINETY [90] DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE  NINETY (90)-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.

 Some states/jurisdictions do not allow limitations on how long an  implied warranty or condition lasts, so the above limitation may not apply to you.

 

Any supplements or updates to the Polaris API provided to you after the expiration of the ninety (90)-day Limited Warranty period are not covered by any warranty or condition, express or implied.

 

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your  exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Polaris, YOU ARE NOT  ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Polaris API does not meet Polaris' Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of  incidental or consequential damages, so the above limitation or  exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY.  Polaris' and its suppliers' entire liability and your exclusive remedy shall be, at Polaris' option from time to time, (a) return of the price paid (if any) for, or (b) repair or replacement of, the Polaris API that does not meet this Limited Warranty and that is returned to Polaris with a copy of your receipt. You will receive the remedy elected by Polaris without charge, except that you are responsible for any expenses you may incur (e.g., cost of shipping the Polaris API to Polaris). This Limited Warranty is void if failure of the Polaris API has resulted from accident, abuse,  misapplication, abnormal use, or a virus. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

 

      8.   DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or  packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Polaris and its suppliers provide the Polaris API and Support Services (if any) AS IS AND WITH ALL FAULTS and hereby disclaim all other warranties and conditions, either  express, implied, or statutory, including, but not limited to, any (if  any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Polaris API, and the provision of or failure to provide support services.

 

      9.  EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Polaris or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other  information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other  loss whatsoever) arising out of or in any way related to the use of or inability to use the Polaris API, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even if Polaris or any supplier has been advised of the possibility of such damages.

 

      10.  LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that  you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Polaris and any of its suppliers  under any provision of this EULA and your exclusive remedy for all of  the foregoing (except for any remedy of repair or replacement elected by Polaris with respect to any breach of the Limited Warranty) shall be limited to the amount actually paid by you for the Polaris API. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy falls its essential purpose.

 

     11.  APPLICABLE LAW.  This EULA is governed by the laws of the State of New York, and, in respect of any dispute which  may arise hereunder, you consent to the jurisdiction of the federal and state courts sitting in Syracuse, New York.  The parties hereto expressly waive trial by jury in any action or proceeding arising hereunder.

 

     12.   Non-Waiver.  No waiver by Polaris of any provisions hereof shall constitute a waiver of any other matter and all waivers shall be in writing and executed by an officer of Polaris.  No failure on the part of Polaris to exercise, and no delay in exercising any right or remedy hereunder shall operate as a waiver thereof.

 

     13.  Entire Agreement. This EULA constitutes the entire agreement between the parties hereto and may not be modified except by an instrument signed by the parties. 

 

     14.  Severability.  If any provision of this EULA is prohibited by law in any state, such provision shall, as to such state, be ineffective to the extent of such prohibition without invalidating the remaining provisions hereof.

 

     15. Binding Effect.  The provisions of this EULA shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns.