EcoSpeed API Terms of Use
This document sets forth the terms on which Clarian Labs, LLC ("CL") makes EcoSpeed Services ("EcoSpeed Services ") available for use by approved licensees. EcoSpeed Services allows you ("You") to display the Eco:Speed of a given route on your freely available website or application via the EcoSpeed API.

  

By using EcoSpeed Services, You agree to be bound by the EcoSpeed Services Terms of Use ("Terms of Use"). CL may modify or revise these Terms of Use at any time. Your continued use of EcoSpeed Services will constitute your acceptance of and agreement to any such changes.

  

1. Registration with EcoSpeed
In order to access or utilize EcoSpeed Services, you must first request a valid EcoSpeed API Key ("WSAPIKEY"). All queries sent to EcoSpeed requesting data must reference your valid WSAPIKEY. This license is personal to you, and any affiliates must seek and obtain their own license and key.

  

2. Use of EcoSpeed Services
Subject to your full compliance with these Terms of Use, CL hereby grants to You a non-exclusive, revocable, non-sublicensable, non-transferable license to display EcoSpeed Services on pages of your website and to reproduce and display the EcoSpeed name and logo solely in connection with the branding requirements of these Terms of Use.

  

You may not use EcoSpeed Services for any other purpose not expressly and unambiguously authorized by these Terms of Use, without CL's prior written consent. All rights not expressly granted to You under these Terms of Use are reserved by CL.

  

If you are using the EcoSpeed Services with Google Maps you also agree to be bound by the Google Maps Terms of Service.

  

3. Acceptable Use
You agree not to use EcoSpeed Services in any way that is unlawful, or harms CL, its service providers, its suppliers, your end users, or any other person. CL may terminate your use if and when CL, in its sole discretion, determines that your use is inappropriate.

  

You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of EcoSpeed Services or EcoSpeed Content. You will not provide a means to execute any "bulk download" operations; cache or otherwise store any EcoSpeed Content; and/or modify any EcoSpeed Content, without CL's prior written consent (see Section 4. Licensing Requirements below). .

  

4. Licensing Requirements
CL's license is subject to your adherence to the following requirements:

  

4.1 Definitions
(a) "Content" means any content provided through the Service (whether created by CL or its third party licensors).
(b) "EcoSpeed API Implementation" means a software application or website that uses the EcoSpeed API to obtain and display Content in conjunction with Your Content, according to these Terms.
(c) "Your Content" means any content that you provide in your EcoSpeed API Implementation, including data, images, video, or software. Your Content does not include the Content.

  

4.1 Free, Public Accessibility to Your EcoSpeed API Implementation.

  

4.1.1 General Rules.
(a) Free Access (No Fees). Your EcoSpeed API Implementation must be generally accessible to users without charge and must not require a fee-based subscription or other fee-based restricted access. This rule applies to Your Content and any other content in your EcoSpeed API Implementation, whether Your Content or the other content is in existence now or is added later.
(b) Public Access (No Firewall). Your EcoSpeed API implementation must not (i) operate only behind a firewall; or (ii) only on an internal network (except during the development and testing phase); or (iii) in a closed community (for example, through invitation-only access).

  

4.1.2 Exceptions.
(a) Enterprise Agreement with CL. The rules in Section 4.1.1 (Free Access, Public Access) do not apply if you have entered into a separate written agreement with CL or obtained CL's written permission.

  

4.1.3 Examples.
(a) You can require users to log in to your EcoSpeed API Implementation if you do not require users to pay a fee.
(b) If you are a consultant who creates or hosts EcoSpeed API Implementations for third party customers, you may charge such customers a fee for your consulting or hosting services (but not for the EcoSpeed API Implementations themselves, except as permitted under Section 4.1.2 (Exceptions)).

  

4.2 Reporting. You must implement those reporting mechanisms that CL has set forth and may update from time to time in these Terms and in the EcoSpeed API Documentation. For example, as specified in the EcoSpeed API Documentation, you agree to provide reports to CL if your EcoSpeed API Implementation enables a device to detect its own location through use of a sensor (including but not limited to GPS, cell triangulation, WiFi or similar functionality) to calculate route and energy savings information.

  

4.3 License Restrictions.Except as expressly permitted under the Terms, or unless you have received prior written authorization from CL, CL’s licenses above are subject to your adherence to all of the restrictions below.

  

4.3.1 Restrictions on How You May Use the EcoSpeed API. Except as explicitly permitted in Section 9 or the EcoSpeed API Documentation, you must not (nor may you permit anyone else to) do any of the following:

  

4.3.1.1. General Restrictions.
(a) No Access to EcoSpeed API except through the Service. You must not access or use the EcoSpeed API or any Content through any technology or means other than those provided in the Service, or through other explicitly authorized means CL may designate. For example, you must not access route or energy savings data through interfaces or channels (including undocumented CL interfaces) other than the EcoSpeed API.
(b) No Hiding of Identity. You must not hide or mask from CL the identity of your service as it uses the Service, including by failing to follow the identification conventions listed in the EcoSpeed API Documentation.
(c) No Reverse Engineering. You must not reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law; (d) No Modification of Results. You must not modify, reorder, augment or manipulate results in any way.
(e) No Modification of Links. You must not modify, replace, obscure, or otherwise hinder the functioning of links to CL or third party websites provided in the Content.
(f) No Violation of CL Policies. You must not violate any policies in the EcoSpeed API Documentation under which you agree not to:
(i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(ii) upload, post, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
(iii) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
(iv) upload, post, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
(v) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Service policies or guidelines;
(vi) download any file posted by another that you know, or reasonably should know, cannot legally be distributed in such manner;
(vii) impersonate another person or entity, or falsify or delete any author attributions or labels of the origin or source of Content, or other material;
(viii) restrict or inhibit any other user from using and enjoying the Service or any other CL Services;
(ix) delete, obscure, or in any manner alter any brand features, logos, warnings, notices (including but not limited to any copyright or other proprietary rights notices), or links that appear in the Service or the Content;
(x) interfere with or disrupt the CL Services, servers, or networks connected to the CL Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the CL Services;
(xi) use any robot, spider, site search/retrieval application, or other device to retrieve or store any portion of the CL Services or Content or collect information about users for any unauthorized purpose;
(xii) display content in your EcoSpeed API Implementation that falsely expresses or implies that such content is sponsored or endorsed by CL;
(xiii) create user accounts by automated means or under false or fraudulent pretenses, or obtain or attempt to obtain multiple keys for the same URL;
(xiv) promote or provide instructional information about illegal activities;
(xv) promote physical harm or injury against any group or individual; or
(xvi) transmit any malicious code (including but not limited to viruses, worms, defects, and Trojan horses), or any other items of a destructive nature.
(g) No Use Beyond CL’s Transaction Limits and Usage Policies. If your EcoSpeed API application generates a high volume of transactions, CL reserves the right to set transaction limits, as described in the Documentation here. CL also reserves the right to set other usage policies in the Documentation from time to time. If you want to engage in use outside these transaction limits or usage policies, please contact the CL for information on licensing options to address your needs.

  

4.3.1.2 Restrictions against Commercial Use.
(a) No Fees. You must not charge users or any other third party any fee for the use of the EcoSpeed API Implementation, the Service, or the Content, except as permitted under Section 4.1.2 (Exceptions).
(b) No Direct Marketing. You must not print more than 5,000 copies of sales collateral materials containing a screenshot of the Content for purposes of commercial sales lead generation ("Direct Marketing") or incorporate the Content as a core part of printed matter (such as printed maps or guide books) that you redistribute for a fee. You must contact CL to obtain a direct license if you desire to do either of the above. 


  

4.3.1.3 Restrictions against Data Export or Copying.
(a) No Unauthorized Copying, Modification, Creation of Derivative Works, or Display of the Content. You must not copy, translate, modify, or create a derivative work (including creating or contributing to a database) of, or publicly display any Content or any part thereof except as explicitly permitted under these Terms. For example, the following is prohibited: exporting, writing, or saving the Content to a third party’s location-based platform or service.
(b) No Pre-Fetching, Caching, or Storage of Content. You must not pre-fetch, cache, or store any Content, except that you may store: (i) limited amounts of Content for the purpose of improving the performance of your EcoSpeed API Implementation if you do so temporarily, securely, and in a manner that does not permit use of the Content outside of the Service; and (ii) any content identifier or key that the EcoSpeed API Documentation specifically permits you to store.
(c) No Mass Downloads or Bulk Feeds of Content. You must not use the Service in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to route or energy savings data.

  

4.3.2 Restrictions on the Types of Applications that You are Permitted to Build with the EcoSpeed API. Except as explicitly permitted in the Terms or the EcoSpeed API Documentation, you must not (nor may you permit anyone else to) do any of the following:
(a) No “Wrapping.” You must not create or offer a “wrapper” for the Service, unless you obtain CL’s written consent to do so. For example, you are not permitted to: (i) use or provide any part of the Service or Content (such as route or energy savings data) in an API that you offer to others; or (ii) create a EcoSpeed API Implementation that reimplements or duplicates Content. For clarity, you are not “wrapping” the Service if your EcoSpeed API Implementation provides substantial additional features or content beyond Eco:Speed, and those additional features or content constitute the primary defining characteristic of your EcoSpeed API Implementation.
(b) No Navigation, Autonomous Vehicle Control, or Enterprise Applications. You must not use the Service or Content with any products, systems, or applications for or in connection with any of the following:
(i) real time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user's sensor-enabled device.
(ii) any systems or functions for automatic or autonomous control of vehicle behavior; or
(iii) enterprise fleet management or similar applications. If you want to engage in fleet management, or similar applications, please contact the CL to obtain a CL enterprise license. (If you are offering a non-enterprise implementation, you may use the CL EcoSpeed API as long as your application is made available to the public without charge.

  

5. Branding Requirements
You agree to follow the required branding as described on the EcoSpeed API Documentation and include hyperlinks from each Eco:Speed you display back to the proper EcoSpeed page specified by the EcoSpeed API. EcoSpeeds will be displayed in a font size that is at least as large as the display of the driving directions and in a location that is above the fold on a 1024x768 display.

  

6. Proprietary Rights
All EcoSpeed Content and intellectual property rights contained in any of the foregoing, are and shall at all times remain the sole and exclusive property of CL and are protected by applicable intellectual property laws and treaties.

  

7. Termination
CL reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice to You, to change, suspend or discontinue EcoSpeed Services and/or suspend or terminate your rights under these Terms of Use to access, use and/or display (as applicable) EcoSpeed Services. Any termination of these Terms of Use shall also immediately terminate the licenses granted to You hereunder. Upon any termination of these Terms of Use, You shall promptly delete and remove all calls to the EcoSpeed Services from all web pages, scripts, widgets, applications, and other software in your possession or under your control.

  

8. Indemnity
You agree that your use of the EcoSpeed Services is at your own risk and You agree to hold harmless and indemnify CL and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fee) arising from, or in any way related to your or your users' use of the EcoSpeed Services or any EcoSpeed Content displayed on your website.

  

9. NO WARRANTY; NO SUPPORT
ECOSPEED; AND ECOSPEED SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, CL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING ECOSPEED DATA INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, CL DISCLAIMS ANY WARRANTY THAT YOUR USE OF ECOSPEED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF USE DO NOT ENTITLE YOU TO ANY SUPPORT FOR ECOSPEED SERVICES.

  

10. LIABILITY LIMITATION
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL CL OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE ECOSPEED SERVICES, EVEN IF CL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.

  

11. Limited Relationship
CL and You are, and shall remain, independent contractors, and nothing in these Terms of Use shall be construed as creating an employer-employee relationship, partnership or joint venture. Although You are permitted to publicize your use of EcoSpeed Services, You agree not to make any other statements, without the prior written consent of CL, implying a different kind of relationship between You and CL including any implied endorsement of your content, products, or services by CL. You do not have any authority of any kind to bind CL in any respect whatsoever.

  

12. General
You represent that you have the authority to bind the organization (if any) identified in your application for the EcoSpeed Services. You may not transfer, assign, or delegate the Terms of Use and your WSAPIKEY to any third party. CL's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and CL with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and CL with respect to EcoSpeed Services.

  

13. Contact and Violations
Please contact EcoSpeed with any questions..

  

Last modified 1/28/2012