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IODA OPEN API DEVELOPMENT LICENSE AND TERMS OF SERVICE

1. You agree to the following. The IODA Open API gives you, the developer, on-demand access to clean, accurate data, content, and information made available by IODA through it (the "IODA API Data").  Such IODA API Data may include track information, catalog IDs, album artwork, release notes, release dates, artist biographies, images and web site links. You may use the IODA Open API and the IODA API Data in connection with a website or software application ("IODA API Client") developed by you only in accordance with the terms and conditions of this agreement, the IODA Open API documentation and specifications (currently located at http://api.ioda.fm, and the developer credentials and IODA API Client IDs assigned to you by IODA. IODA may monitor your use of the IODA Open API to ensure quality, improve IODA products and services, and verify your compliance with these terms.
2. Apps.  If your IODA API Client is a software application (for any platform, including personal computer, mobile, or other personal device), you and your IODA API Client must also comply with the following:
   1. the functions of the application must be clearly disclosed to the user prior to installation (including any authorized commercial aspects thereof, if applicable);
   2. any collection or use of the user’s personal information should be disclosed to the user, including whether or not such personal information will be shared with third parties;
   3. installation of the application must be with a user’s knowledge and permission;
   4. it must be easy for the user to uninstall the application, which must completely disable the functionality of the application; and
   5. the application should not be bundled with other applications.
3. No Commercial Use. This development license allows you to use the IODA Open API only for promotional use. This development license does not allow you to use the IODA Open API for any commercial uses unless you first obtain IODA's prior written approval.  More information about commercial use of the IODA Open API is available by contacting IODA at api@iodalliance.com.  Commercial use includes, without limitation, any of the following:
   1. the sale of the IODA Open API, your IODA API Client, the IODA API Data and related services, or providing access to any of the foregoing in exchange for remuneration; and
   2. the sale of advertising, sponsorships, or promotions on any page of the IODA API Client containing IODA API Data;
4. Attribution. Your IODA API Client shall provide proper attribution to IODA as set forth at http://api.ioda.fm, which may be modified by IODA at any time, and which at a minimum require conspicuously displaying the following:  (a) a functioning link back to http://api.ioda.fm, and (b) the following phrase:  “Powered by IODA Open API”.
5. Proprietary Rights.  You acknowledge that the IODA API Data may contain trade names, trademarks, service marks, logos and other distinctive features of IODA and its associated labels and artists. IODA grants you a non-exclusive, non-transferable license to use the IODA API Data solely in connection with its display via your IODA API Client, and only as delivered by IODA. All rights in the IODA API Data are reserved by IODA and/or its associated labels and artists, including any associated goodwill generated by your use of the IODA API Client. Accordingly, you irrevocably assign to IODA any right, title and interest that you obtain in any of the IODA API Data; for the avoidance of doubt, you retain all rights in and to your IODA API Client exclusive of the IODA API Data and the IODA Open API materials and intellectual property. This paragraph shall survive the termination of this agreement.
6. Usage and Quotas. IODA may limit your IODA Open API usage. You agree not to circumvent these usage restrictions.
7. You agree you will NOT do the following:
   1. use your IODA API Client for commercial purposes without IODA’s express prior consent;
   2. repackage, sell, lease or redistribute the IODA API Data or any portion of the IODA Open API;
   3. cache or store any IODA API Data other than for reasonable periods in order to provide your IODA API Client to its intended users;
   4. interfere or attempt to interfere in any manner with the proper workings of the IODA Open API, including the monitoring by IODA of your use of the IODA Open API;
   5. circumvent or render ineffective any applicable  geographical restrictions, including IP address-based restrictions;
   6. disable or otherwise modify the functioning of links to IODA or third-party websites provided by IODA for use with the IODA API Data;
   7. capture, isolate, separate, modify or otherwise use any images (or, if made available, any audio or audio/visual components) included in the IODA API Data than as made available through the IODA Open API;
   8. use the IODA Open API intentionally to encourage or promote copyright infringement or the exploitation of copyright-infringing materials; nor
   9. misrepresent your identity when registering for use of the IODA Open API, use the developer credentials licensed to a different individual or entity, or mask your usage of the IODA Open API.
8. Upgrades. Each IODA API Client must contain means for you to update the IODA API Client to the most current version of the IODA Open API after any version has been deprecated. For non-website implementations, you must have means of remotely updating each IODA API Client that has already been distributed to an end user.
9. Miscellaneous Legal Provisions
   1. Terminable-at-will. IODA may limit or restrict your access to the IODA API Data and/or withdraw your credentials to use the IODA Open API at any time for non-compliance with any provision of this agreement, or for no reason at all at any time without liability to you, in which event any licenses contained in this Agreement will terminate automatically without notice. In the event of termination, you agree to stop using the IODA Open API and your IODA Open Client, and to delete all IODA API Data in your possession or control (including, without limitation, from your servers).
   2. Confidentiality. You shall not disclose your developer credentials or your IODA API Client IDs to any third party. You shall not disclose IODA Confidential Information to any third party without IODA's prior written consent. "IODA Confidential Information" means all non-public IODA software, technology, programming, and specifications relating to the IODA Open API, and any other information which should reasonably be deemed to be confidential.
   3. Compliance with Laws. You shall not use the IODA Open API in a manner that violates any laws, rules and regulations, third parties' rights or any IODA policies or in a manner that is deceptive, unethical, false or misleading.  For avoidance of doubt, you shall not distribute or provide access to applications you develop in contravention of United States export control or trade laws, and by using the IODA Open API you warrant that you are not located in or a resident of any restricted country.
   4. Modification. IODA may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice to your account, changing these terms and conditions, emailing to the email address of your account or account associated with your developer credentials or otherwise notifying you. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued use of the IODA Open API, continued possession of a copy of the non-public IODA Open API documentation and specifications or continued development following posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
   5. Publicity. You agree that IODA may use your company, organization, or product name and/or logo in presentations, marketing materials, customer lists, financial reports, website listings of customers, research and marketing case studies and other marketing-related activities. You may not issue any public announcement regarding your use of the IODA Open API which suggests partnership with IODA without IODA's prior review and written approval, at IODA's sole discretion.
   6. Disclaimer. IODA IS PROVIDING THE IODA OPEN API AND THE IODA API DATA ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. IODA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR NONINFRINGEMENT, ACCURACY, RESULTS OF USE, RELIABILITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, OR THAT YOUR USE OF THE IODA OPEN API AND THE IODA API DATA WILL BE UNINTERRUPTED OR ERROR FREE.
   7. Limitation of Liability IODA SHALL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT THE FOREGOING IS NOT ENFORCEABLE, IODA'S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO ONE HUNDRED DOLLARS ($100.00).
   8. Indemnification. You shall indemnify, defend and hold IODA, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") by a third party arising out of your use of the IODA Open API in any manner that breaches this Agreement or otherwise arising out of materials or technology contributed by you and not by IODA. At IODA's option, you shall assume control of the defense and settlement of any Claim subject to indemnification by you (provided that, in such event, IODA may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, you shall not settle any such Claim without IODA's prior written consent).
   9. Release. You hereby release and covenant not to sue IODA and its corporate affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims (a) pertaining to any intellectual property you develop that is based on, uses, or relates to the IODA Open API; and (b) which otherwise may arise in connection with your use of, reliance on, or reference to the IODA Open API. If you are a California resident, you waive California Civil Code 1542 which says: "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."
   10. Miscellaneous. You and IODA are not legal partners or agents, but are independent contractors. The Agreement is governed by California law, except for California's conflicts of laws principles, and all claims arising out of or relating to this Agreement or the IODA services and programs shall be litigated exclusively in the federal or state courts of San Francisco County, California, USA, and you and IODA consent to personal jurisdiction in those courts. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications by you to this Agreement shall be made only in a document which is executed by both parties. Any notices to IODA shall be sent to our corporate headquarters address as set forth on our website via first class or air mail or overnight courier, and is deemed given upon receipt. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect. You shall not assign or otherwise transfer any of your rights or delegate your obligations hereunder.  IODA may freely assign this agreement, or any of its rights in the IODA Open API.  You affirm that you are at least 18 years of age.