Effective: September 16, 2017
The following terms govern your access to and use of the application program interfaces, software code and accompanying documentation and related materials (the "Military Acronyms Reference Guide"), which are made available and provided by Applied Information, LLC. (Applied Information) through Applied Information's site and/or Applications (Apps), to use Applied Informations’s services ("Applied's Services") allowing users reference the data content ("Applied Information Content"). Applied Information is willing to grant the rights and license below to you, subject to and in accordance with these Terms. By accessing and using the Applied Information Content, you are consenting to be bound by these Terms. If you have entered into a separate written agreement with Applied Information governing your use of the Applied Information Content, then the terms and conditions of that separate agreement will govern, and any conflicting terms of these Terms will not apply to you.
Subject to the terms and conditions of these Terms, Applied Information grants you a nonexclusive, non-transferable license to: (a) use the Applied Information Content to develop, implement, and integrate interfaces to the Applied Information Services, which permit the websites, applications, and services you provide (your "Service") to utilize the Applied Information Services; (b) to access and use the Applied Information Services through your Service and display Applied Information Content on and through your Service (which you may modify in order to format it for display on your Service); and (c) use and display the Applied Information logo that Applied Information makes available for use with the Applied Information Services ("Applied Information Logo") with your Service in order to identify that the Applied Information Services are from Applied Information.
The license to access and use the Applied Information Services and Applied Information Content through the Applied Information Content is conditioned on your compliance with the following terms and conditions:
You must include the applicable Applied Information Logo and hyperlink(s) to the Applied Information website (or other site as Applied Information may specify) in connection with your use of the Applied Information Services (and any Applied Information Content), unless your plan does not require any attribution.
Applied Information may update or revise the Applied Information Content from time to time and such updates and revisions may adversely affect the manner in which your Service accesses or communicates with the Applied Information Content.
You are responsible for making any changes to your Service that are required as a result of Applied Information’s updates and revisions to the Applied Information Content (at your own expense). Applied Information will attempt to provide thirty (30) days’ advance notice of any revisions to the Applied Information Content that are not backward compatible or remove significant functionality by posting such notice on the Developer Site, unless circumstances require Applied Information to make an immediate change, in which case Applied Information will attempt to provide you with as much advance notice as possible.
Applied Information will use commercially reasonable efforts to assist you with technical questions and issues relating to the implementation and use of the Applied Information Services, as you may reasonably request from time to time. You will contact the Applied Information designated contact for support questions related to the Applied Information Services. You are responsible for providing all support and/or technical assistance to your end users regarding the use of your Service (including any issues related to the Applied Information Services or any Applied Information Content). Applied Information is not obligated to provide any support and/or technical assistance directly.
The free version of the Applied Information Content is intended for personal or not-for-profit use. You may not use the free version of the Applied Information Content in a commercial or business application without our explicit permission.
We charge a fee for commercial use of the Applied Information Content, which is described on the Developer Site. These fees can change at any time. By selecting a plan, you are agreeing to pay the applicable fees for the access and use of the Applied Information Content, and any related Applied Information Services and Applied Information Content. You will not be charged any fees during your trial period (but you will have to provide us with your payment information). After the trial period, we will charge your account the monthly fee for the plan you have selected (unless you cancel before the trial period ends) and will charge your account on a monthly basis thereafter until you cancel.
You cancel your use of the Applied Information Content at any time by ceasing your access to the Applied Information Content and/or your use of the Applied Information Services or Applied Information Content. If you have a paid plan, you must cancel your plan before it renews each month to avoid the billing of the next month’s fees to your account. You will not receive a refund for any partial month cancellation.
Applied Information may suspend your access to the Applied Information Content and/or use of the Applied Information Services (or if necessary, terminate your licenses) if you breach these Terms. Applied Information may also terminate any licenses hereunder for any reason with thirty (30) days notice (including by email) to you. Applied Information will not be liable for any costs, expenses, or damages as a result of its termination of your licenses in accordance with these Terms.
Upon cancellation or termination, all rights and licenses granted to you will terminate and you will (a) promptly cease accessing and using the Applied Information Content and the Applied Information Services with your Service; (b) remove all Applied Information Content and all copies and portions thereof, in all forms and types of media from your Service; (c) purge all archived Applied Information Content from your Service within fifteen (15) days; and (d) return or destroy any Confidential Information of Applied Information.
You acknowledge that Applied Information owns all right worldwide, title and interest in and to the Applied Information Content, Applied Information Services and Applied Information Logo, including all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. All use of the Applied Information Logo, and all goodwill arising out of such use, inures to Applied Information’s benefit. Any and all rights not specifically granted herein to you are reserved by Applied Information. You may provide Applied Information with comments, suggestions, or feedback regarding the Applied Information Content and/or the Applied Information Services ("Feedback"), provided that you agree that Applied Information will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
You may be given access to certain non-public information, software and/or specifications relating to the Applied Information Content or the Applied Information Services ("Confidential Information"), which is confidential and proprietary to Applied Information. You may use this Confidential Information only as necessary in exercising your rights granted in these Terms. You may not disclose any of this Confidential Information to any third party without Applied Information’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
You assume all responsibility and risk of use of the Applied Information Content, Applied Information Services, Applied Information Content, and Applied Information Logo. The Applied Information Content, Applied Information Services, Applied Information Content, and Applied Information Logo are provided "AS IS" on an "AS AVAILABLE" basis without warranty or condition of any kind. Applied Information DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Certain dietary or other information about food products, such as the caloric intake of specific foods or recipes, the estimated costs of recipes, information related to food allergies, and other such information, may be provided in the Applied Information Content and/or through the Applied Information Content and/or Applied Information Services. While Applied Information strives to provide this information from trustworthy resources, such as the United States Department of Agriculture, Applied Information is not responsible or liable (and makes no representation or warranty) for the accuracy, content, completeness, legality, reliability, or availability of the Applied Information Content. Any use or reliance on any Applied Information Content or any other content, materials or information contained or linked in through the Applied Information Content or Applied Information Services is at your own risk.
You represent and warrant that you have the necessary power and authority to enter into this Agreement (if you are agreeing to these Terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms) and that you will comply with the terms and conditions of these Terms. You will indemnify, defend (or settle) and hold Applied Information harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (i) your use of the Applied Information Content, Applied Information Services, Applied Information Content, or Applied Information Logo other than as permitted by this Agreement; or (ii) your Service (including any content therein).
In no event will Applied Information be liable for any special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with these Terms, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not it has been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
Applied Information may modify any of these Terms, at any time and in its sole discretion, by posting notice on the Developer Site or by otherwise notifying you. If any change is unacceptable to you, your recourse is to terminate your license. Your continued access and/or use of the Applied Information Content and/or your continued access and/or use of the Applied Information Services (and any Applied Information Content) following such notice will constitute your acceptance of the change.
These Terms constitute the entire agreement between us with respect to the subject matter and supersedes and merges any prior proposals, understandings and contemporaneous communications. Any modification to these Terms by you must be in a writing signed by Applied Information. You may not assign any of the rights or obligations granted hereunder, except with the express written consent of Applied Information, and any attempted assignment in violation of this paragraph is void. These Terms do not create or imply any partnership, agency or joint venture. These Terms will be governed by and construed in accordance with the laws of the State of Kentucky, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Whitley County, Kentucky, USA, and you consent to personal jurisdiction in those courts. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
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