EURECOM grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to access and use the NERD Services only for research and development purposes. YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF GENERATING REVENUE, MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER COMMERCIAL, BENCHMARKING OR COMPETITIVE PURPOSES.

When using NERD API, or content generated via the NERD API, for any purpose, you agree to:

1. Display the NERD logo within your website or application;
2. Provide a clickable hyperlink to http://nerd.eurecom.fr within your website or application; and
3. Provide attribution to NERD within any published works that are based or mention NERD, or content generated by NERD, including but not limited to research papers and journal articles.
4. Provide attribution to NERD within all web pages or documents where NERD content and/or API results are used or displayed.

We may from time to time modify these terms of use and will post a copy of the amended Agreement at http://nerd.eurecom.fr/terms. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the NERD API Services and all other EURECOM services, or, if applicable, cancel your NERD API Services subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the NERD API Services after any amendments are posted on the Site.

You agree that you will not:

1. access or reverse engineer the Service in order to copy any ideas, features, or functions of the Service;
2. create or use multiple NERD API keys;
3. use the NERD Services to reproduce copyrighted materials;
4. make the NERD API Services available over a network (other than EURECOM's network) where it could be used by others;
5. sell, rent, lease, transfer, or sublicense any of the NERD API Services;
6. utilize or enable a third party to utilize NERD API via any means that bypasses this agreement or the EURECOM NERD API Key registration process, including but not limited to: proxy servers, spiders, scraping robots, or other technology;
7. distribute, facilitate, or enable access to NERD API Services in any manner deemed by EURECOM in its sole discretion to be objectional or harmful to the business or reputation of EURECOM; or
8. use the NERD API Services in any way that violates the terms of this Agreement

Definitions:

* Metadata: textual information (including hyperlinks) that may serve to identify, discover, interpret and/or manage Content.

* Preview: a reduced size or length audio and/or visual representation of Content, in the form of one or more images, text files, audio files, and/or moving images

EURECOM is not the owner of the copyrights to the Metadata, the Previews or the Content. This information has been provided to EURECOM by a large number of contributing institutions and organizations. These data providers have ensured EURECOM that the owners of these rights have agreed to the publication of their works under the applicable conditions as referred to above. However, EURECOM cannot guarantee that this is always correct. In the event that EURECOM is under the impression that it is publishing Metadata or Previews to which it is not entitled, it will remove these Metadata or Previews from the NERD API. The User must cease use of such Metadata and Previews upon first request thereto from EURECOM.

As between you and EURECOM, you acknowledge that EURECOM owns or has a license to all title and copyrights in and to the NERD API Services. All title and intellectual property rights in and to the content available through the NERD API Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

You understand that EURECOM may retain a copy of the metadata generated by the NERD API Services. By generating metadata through the NERD API Services, you grant EURECOM a non-exclusive royalty-free license to that metadata. Upon simple request, EURECOM will delete all records in the database connected to a document or a set of documents submitted to the NERD API Services.

EURECOM will provide you with an API Access Key : a unique and confidential code allowing access to the NERD API Services. Your use of this API Access Key is governed by the terms of this agreement.

1. API-keys are confidential and are for use by the User only and may not be shared with third parties unless with express agreement from EURECOM.
2. An API-key applies to a single Implementation. The User needs to create a separate API-key for every new Implementation.
3. EURECOM reserves the right to terminate individual NERD API-keys that are used to display data obtained via the NERD API in contexts that are illegal, pornographic, defamatory or can be detrimental to the reputation of EURECOM in any other way.

In addition:

EURECOM may limit the number of transactions you may send or receive through the NERD API. Such a limit may be set by EURECOM at any time to ensure even performance of the NERD API to all users. For a basic user profile the limit is 500 API calls/day.

EURECOM and EURECOM logo are registered trademarks of EURECOM used in connection with the NERD API Services. The NERD API Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to EURECOM Trademarks or the trademarks of any third party.

You and EURECOM are independent contractors, and nothing in these Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the NERD API Services, you agree not make any other public statements that assert or imply any other relationship with EURECOM.

You agree to hold harmless and indemnify EURECOM, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the NERD API Services, use of EURECOM trademarks, violation of these Terms of Use or other actions connected with use of EURECOM services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, EURECOM will provide you with written notice of such claim, suit or action.

THIS SITE, THE MATERIALS, DATA, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

In no event will EURECOM be liable on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out the use arising out of or in any way connected with the use of the NERD API services, Metadata, Previews or Content. In particular, it will not be liable for the following:

1. accuracy, completeness, etc. of the Metadata, Previews or Content;
2. any infringement of privacy, publicity, copyrights or other rights, including infringement of copyrights to Metadata, Previews or Content made available through the NERD API under conditions that were not approved by the right holder;
3. any use by third parties that goes beyond the rights expressed in these terms of use.

EURECOM has the right (though not the obligation) to, in EURECOM's sole discretion:

1. refuse to provide the NERD API Services to you, if it in EURECOM's reasonable opinion violates this agreement or is in any way harmful or objectionable, or;
2. immediately terminate or deny access to and use of the NERD API Services to any individual or entity for any reason, at EURECOM's sole discretion.

EURECOM shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond EURECOM.s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

By using the Services, you agree that the laws of the France and Courts of Grasse, France (06), without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between you and us.