Thank you for your interest in the Webtrends Data Collection API (the "Data Collection API"). The Data Collection API is an application program interface described in documentation (the "API Documentation"). Pursuant to these terms and conditions and the API Documentation, you may develop a software application for your own use or develop and distribute a software application for use by others (in either case, an "API Application") based on the Data Collection API to communicate with our servers. By using the Data Collection API, you agree on behalf of yourself and any affiliates (together "you" or "your") to be bound by the following terms and conditions (the "API Usage Rules"). Webtrends Inc. ("Webtrends") and other Webtrends affiliates are referred to collectively as "we" or "our" throughout these API Usage Rules.
1. General Terms
(A) Handling of Data. Your usage of the Data Collection API to collect, store, handle, and transmit Collected Data must be done securely and in compliance with all applicable laws, including all applicable data security and privacy laws. The transmission must be done in a manner at least as secure as the protocol described in the API Documentation. "Collected Data" means data that is transmitted between the API Application and our servers. You are solely responsible for the content of the Collected Data, and hereby represent that your API Application will only collect, store, handle and transmit data as you have expressly provided in writing in connection with your API Application. In addition, you are solely responsible for the security of Collected Data until such Collected Data is fully stored in our servers from your API Application.
(B) Server Interaction and Permitted Use. Your API Application must not interfere with the normal functioning of our servers. We may monitor Data Collection API activity. To the extent required by the API Documentation, the API Application must pass an accurate identification of itself to our servers. Your API Application may only obtain Data Collection Data through the Data Collection API, and may not obtain Collected Data through other unapproved methods such as page scraping. The Data Collection API may be used for both commercial and noncommercial purposes in ways consistent with these API Terms.
(C) Updates to the Data Collection API. We may change the Data Collection API and the API Documentation at any time. These changes may require you to update your API Application to ensure proper operation.
(D) Beta Terms. Data Collection API is offered to you while still under beta testing ("Beta Product") for you to download, access or use in object code form. Your use of the Data Collection API is subject to the following terms: (a) you understand that the overall design of the Beta Product could change, and Webtrends reserves the right to change or withdraw the Beta Product, discontinue the Beta Product license, or release the Beta Product as a final version at any time in its sole discretion, (b) you agree to report all problems, issues, ideas, feedback and suggestions for the Beta Product ("Beta Test Results") to Webtrends during your use of the Beta Product, (c) you agree not to speak to the press (including Internet press, blogs, twitter or other communication channels) regarding the Beta Product, without our prior written consent, (d) you hereby assign all right, title and interest in and to such Beta Test Results to us, and acknowledge that we will be entitled to use, implement and exploit such Beta Test Results in any manner without restriction and without any obligation of confidentiality, attribution or compensation or other duty to account; and (e) as Beta Product is a pre-release, beta version, you are fully responsible for any and all damages that may result to any failure of the Beta Product. Beta Product is provided AS IS without any warranties, express or implied.
2. For Developers and Distributors Only
This Section 2 only applies to you if you develop or distribute an API Application for the use by one or more third parties. If you have accessed the Data Collection API through Webtrends Developer Network, the terms specified in this Section 2 apply in addition to the Webtrends Developer Network Terms.
(A) Relationship with Users. The API Application must not through its design or standard implementation cause users to breach the Webtrends On Demand Terms of Service . You must enable users to easily and quickly (no longer than 3 business days) disassociate their Webtrends On Demand accounts from your API Application. You will design your API Application to support the authentication methods described in the API Documentation.
(B) Handling Data Collection Data of a User. You will design your API Application in a manner that allows a user to access Collected Data related to that user's account in a secure manner. Except for the automated communication of Collected Data with our servers in a manner permitted by the Data Collection API, you will not access or disclose a user's Collected Data without obtaining the advance written permission of the user.
(C) Current API Version. You may only distribute an API Application that is designed based on the current version of the Data Collection API or a version that was current within the preceding ninety days. For users of an API Application based on an old version of the Data Collection API, you will either update or enable users to update to an API Application based on the current Data Collection API within ninety days of the release of the then current Data Collection API.
(D) Software Principles. Your development and distribution of any software that uses the Data Collection API (including the API Application) must at all times comply with the following software principles:
(1) Installation. An application shouldn't install itself onto user's computer or other device secretly or by hiding within another program user is installing or updating. User should be conspicuously notified of the functions of all the applications in a bundle.
(2) Upfront Disclosure. When an application is installed or enabled, it should inform the user of its principal and significant functions. And if the application makes money by showing the user advertising, it should clearly and conspicuously explain this. This information should be presented in a way that a typical user will see and understand -- not buried in small print that requires the user to scroll. For example, if the application is paid for by serving pop-up ads or sending user's personal data to a third party, that should be made clear to the user.
(3) Simple Removal. It should be easy for the user to figure out how to disable or delete an application. The process should try to remove sufficient components to disable all functions of the application, visible or not, without messing up the user's computer or other device. Once an application is disabled or deleted, it should not remain active or be automatically enabled later by itself or another application.
(4) Clear Behavior. Applications that affect or change user's experience should make clear they are the reason for those changes. For example, if an application opens a window, that window should identify the application responsible for it. Applications should not intentionally obscure themselves under multiple or confusing names. Users should be given means to control the application in a straightforward manner, such as by clicking on visible elements generated by the application. If an application shows users ads, it should clearly mark them as advertising and inform the user that they originate from that application. If an application makes a change designed to affect the user experience of other applications (such as setting the user's home page) then those changes should be made clear to the user.
(E) Publicity. We may use your brand features in presentations, marketing materials, verbal communications, and lists of developers that identify you as a developer that has developed an API Application for Webtrends On Demand.
3. Other Terms
(A) Webtrends Brand Features. These API Terms do not grant you any rights to our brand features, except that you may textually refer to Webtrends On Demand in your API Application. If you wish to use Webtrends logos or other Webtrends brand features, you must request and receive prior written permission and your use must be in compliance with our brand feature use guidelines and terms. Webtrends may withdraw permission to use our brand features at any time.
(B) Proprietary Rights. We retain all proprietary rights to the Data Collection API, API Documentation, and Webtrends On Demand. You will not acquire any rights, except for the limited use rights expressly set forth in these Usage Rules.
(C) Indemnification. You will indemnify, defend and hold harmless Webtrends and its affiliates from and against any third party claims (and all related liabilities, loss and expense) arising from or related to your breach of these Usage Rules, your use of the Data Collection API, or the development, distribution, or use of an API Application.
(D) Termination. We may for any reason and without liability to you terminate these Usage Rules, suspend or terminate your access to the Data Collection API, or set limits on your Data Collection API usage. Upon any termination or suspension, you must stop using the Data Collection API and distributing and developing API Applications. The provisions of this Section 3 will survive any termination of these Usage Rules.
(E) Modification. We may modify these Usage Rules from time to time in our sole discretion. If a modification is unacceptable to you, you may terminate these Usage Rules by ceasing use of the Data Collection API. By continuing to use the Data Collection API, you will be deemed to have accepted these modifications.
(F) Disclaimer and Limitation of Liability. The Data Collection API is provided "as is" without any warranties. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. WE WILL NOT HAVE ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, RELATED TO THE DATA COLLECTION API. THESE LIMITATIONS ON LIABILITY WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
(G) Miscellaneous. You are responsible for complying with all applicable laws, the API Documentation, and other Webtrends policies in connection with your use of the Data Collection API. These API Terms are governed by Oregon law, excluding Oregon's choice of law rules. FOR ANY DISPUTE RELATING TO THESE API TERMS, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN MULTNOMAH COUNTY, OREGON. These Usage Rules and the Webtrends policies and terms specified in these Usage Rules are the parties' entire agreement relating to the subject and supersede any prior or contemporaneous agreements on that subject. Our failure to enforce any provision will not constitute a waiver. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose. There are no third-party beneficiaries to these Usage Rules. You may not assign any of your rights under these Usage Rules and any attempt to do so is void. These Usage Rules do not create any agency or partnership relationship.
[Last modified: September 12, 2013]