ParcelStream™
- Terms of Use
Thank you for using the Digital Map Products’ ParcelStream™
application programming interface (“ParcelStream™ API”).
By accepting this Terms of Use agreement and using the ParcelStream™ API,
you are agreeing to comply with and be bound by the following Terms of Use. If you do not agree with any of the
terms below and do not accept this Terms of Use agreement, Digital Map Products
does not grant you a license to use the ParcelStream™ API or ParcelStream™.
Digital Map Products reserves the right to modify these
Terms of Use from time to time, with or without notice to you, by posting the new
version online. The most current version
of the Terms of Use may always be found online at
http://trial.parcelstream.com/Documentation/APITermsofUse.aspx. Your
continued use of the ParcelStream™ API, or the continued use of the ParcelStream™
API on any website, API or application developed by you, after such change constitutes
your acceptance of such changes.
The ParcelStream™ API consists of JavaScript and web services
that allow you to integrate parcel data into your interactive mapping application,
subject to the limitations and conditions described below. Specifically, it allows
you to display parcel lines, identify parcels, link parcels to your hosted data,
accurately locate addresses and associated parcel identifiers, and locate parcels
by county code and parcel number.
In order
to obtain the ParcelStream™ API, you must register with Digital Map Products. After
supplying Digital Map Products with your registration information, the URL of your
service, and agreeing to this Terms of Use agreement, you will be issued a key assigned
to you by Digital Map Products that is uniquely associated with your account. Digital Map Products will block any requests
with an invalid key or invalid URL.
Once issued a key by Digital Map Products, subject to
this Terms of Use agreement, you will be given access and allowed to use the ParcelStream™
API free of charge for thirty (30) days to evaluate its suitability for use with
your application.
Grant of License
ParcelStream™ and the ParcelStream™ API are owned by Digital
Map Products. If you are approved
by Digital Map Products for trial use of the ParcelStream™ API, subject to these
Terms of Use, Digital Map Products grants you a non-exclusive, non-sublicenseable,
nontransferable, revocable license to use the ParcelStream™ API and ParcelStream™
for Term defined below. This Terms
of Use agreement grants you no right, title, or interest in any intellectual property
owned or licensed by Digital Map Products, including the ParcelStream™ API and Digital
Map Products’ trademarks. You may access
the ParcelStream™ API and implement the ParcelStream™ API on your web site during
the Term. The ParcelStream™ API is
limited to interactive client facing mapping applications only and is not to be
used to perform any server to server, or batch processing.
The ParcelStream™ API does not give you any right, or your end users any
right, to the underlying data hosted by Digital Map Products.
Data must not be extracted or copied from ParcelStream™ for use outside of
ParcelStream™. This license is subject to the following additional restrictions:
·
All calls
to the ParcelStream™ API must reference the API Registration Key issued to you pursuant
to this Terms of Use agreement.
·
You agree
to keep the ParcelStream™ API Registration Key confidential and not to share it
with any third party. This license
is personal to you, and any affiliates must seek and obtain their own license and
API Registration Key.
·
Your
license during the Term of this trial period is intended for limited developmental
purposes only in order for you to evaluate whether or not the ParcelStream™ API
is suitable for use with your application and shall not be used to provide access
and/or distribute any data on a commercial basis and excludes any rights to distribute
ParcelStream™ data to a third party, except for as may be required for this limited
developmental and evaluation purpose.
·
You agree
that you will provide the information provided by ParcelStream™ to users on “as
is” terms, with disclaimers substantially equivalent to those set forth below.
·
You may
use the ParcelStream™ data only on a transactional basis.
You and/or your end users are not permitted to download the ParcelStream™
data.
·
You may
not retain any copies of the ParcelStream™ data or tiles.
Your license to ParcelStream™ is limited to making direct server calls to
parcelstream.com.
·
You agree
not to otherwise reproduce, modify, distribute, decompile, disassemble, or reverse
engineer any portion of the ParcelStream™ API or any data or tiles provided by Digital
Map Products.
·
You will
not, and will not authorize any third party to, use any automated means including,
without limitation, agents, robots, scripts or spiders, to access the ParcelStream™
API. Geocodes or reverse geocodes from
the ParcelStream™ API may only be used in conjunction with displaying ParcelStream™
tiles and data. You will not take any
action that imposes an unreasonably or disproportionately large burden on Digital
Map Products’ infrastructure, including the ParcelStream™ API, as determined by
Digital Map Products in its sole discretion.
·
You may
not use or authorize use of the ParcelStream™ API to do performance or stress testing
on the ParcelStream™ API without prior written approval from Digital Map Products. Further, you may not publish or publicly
disclose the results of any benchmarking or other testing performed on or with respect
to ParcelStream™ (whether or not authorized) without prior written approval from
Digital Map Products.
·
If you
become aware that any user of your implementation is in material breach of these
Terms of Use, then you agree to notify Digital Map Products promptly of such breach
by email to parcelstream@digmap.com, and to take prompt corrective actions at your expense
to remedy such breach. In addition,
upon request of Digital Map Products, you will either (a) use your best efforts
to obtain such equitable relief to prevent harm to Digital Map products or its licensors,
or (b) assign any of your applicable rights to permit Digital Map Products or the
applicable licensor to seek such equitable relief.
Your obligations to report and enforce the applicable terms will survive
termination of these Terms of Use or your use of the ParcelStream™ API.
·
You shall
not use the ParcelStream™ API in connection with or to promote any products, services,
or materials that constitute, promote or are used primarily for the purpose including,
but not limited to, dealing in spyware, adware or other malicious programs or codes,
or any manner or for any purpose that violates any law or regulation, any right
of any person or entity, including but not limited to intellectual property rights,
rights of privacy, or in any manner inconsistent with this Terms of Use agreement.
·
Digital
Map Products may change, limit, suspend, discontinue, or otherwise modify all or
any aspect of the ParcelStream™ API, including its availability, at any time, without
notice to you. Digital Map Products
reserves the right to release subsequent versions of the ParcelStream™ API and to
require you to use the most recent version.
·
All rights
not expressly granted to you under this Terms of Use agreement are reserved by Digital
Map Products.
Limited Relationship
You and Digital Map Products 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 ParcelStream™
API, you agree not to make any other public statements that assert or imply any
other relationship with Digital Map Products, unless you have Digital Map Products’
prior written approval.
Indemnity
You agree to hold harmless and indemnify Digital Map Products,
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 ParcelStream™ API, violation of these Terms of Use, or other
actions connected with the use of Digital Map Products services, including any liability
or expense arising from all claims, losses, damages (actual and consequential),
suits, judgments, litigation costs and attorney’s fees, of every kind and nature. In such a case, Digital Map Products
will provide you with written notice of such claim, suit or action.
Disclaimer of
Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PARCELSTREAM™
API AND ANY ASSOCIATED RESULTS, MATERIALS, AND SERVICES IS AT YOUR OWN RISK. THE PARCELSTREAM™API AND ANY RESULTS,
AMTERIALS OR OTHER SERVICES PROVIDED BY OR ON BEHALF OF DIGITAL MAP PRODUCTS PURSUANT
TO THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTY, EXPRESS OR IMPLIED, OF
ANY KIND AND WITH ALL DEFECTS. DIGITAL
MAP PRODUCTS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS,
EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, TITLE, NON-INFRINGEMENT, OR THAT
THE PARCELSTREAM™ API WILL OPERATE PROPERLY AS INTEGRATED WITH OR USED BY YOUR APPLICATION,
AND ALL REPRESENTATIONS AS TO THE QUALITY OF, THE PARCELSTREAM™ API OR ANY ASSOCIATED
RESULTS, MATERIALS OR OTHER SERVICES.
Liability Limitation
IN NO EVENT WILL DIGITAL MAP PRODUCTS OR ANY SUPPLIER
WILL NOT HAVE ANY LIABILITY IN CONNECTION WITH THIS AGREEMENT FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION,
DAMGES FOR LOST PROFITS, BUSINESS INTERUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO
INFORMATION), EVEN IF DIGITAL MAP PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Term and Termination
Your thirty (30) day free trial period (“Term”) of the ParcelStream™ API pursuant to this
Terms of Use agreement shall commence on the date upon which you agree to this Terms
of Use agreement and shall continue for thirty (30) days thereafter, unless earlier
terminated as provided herein.
Digital Map Products may suspend your use of the ParcelStream™
API or terminate your access to the ParcelStream™ API pursuant to this Terms of
Use agreement at any time, with or without cause and without notice to you.
General
You represent that you have the authority to bind the
organization, if applicable, identified in your application for the ParcelStream™
API.
Choice of Law; Jurisdiction. The Terms of Use and the
relationship between you and Digital Map Products shall be governed by the laws
of the State of
California
without regard to its conflict of laws provision.
You and Digital Map Products agree to submit to the personal and exclusive
jurisdiction of the courts located within the
county
of
Orange
,
California
.
Waiver & Severability.
The failure of either party at any time to enforce any right or remedy available
to it under this Terms of Use agreement will not be construed to be a waiver of
such right or remedy. If any provision
of this Terms of Use agreement is held to be unenforceable in any respect, such
unenforceability will not affect any other provision of this agreement.
Miscellaneous.
The section headings and subheadings contained in this Terms of Use agreement are
included for convenience purposes only, and shall not limit or otherwise affect
the terms of this Terms of Use agreement.
Any construction or interpretation to be made of the Terms of Use shall not be construed
against the drafter. Nothing in this
Terms of Use agreement shall be construed to confer any rights to third party beneficiaries. This Terms of Use agreement constitutes
the entire agreement between you and Digital Map Products with respect the subject
matter hereof. If you are a customer
of Digital Map Products and have separately entered into a ParcelStream™ License
Agreement with Digital Map Products, the ParcelStream™ License Agreement shall supersede
any rights provided to you in this agreement and the terms of that ParcelStream™
Agreement shall prevail.
