By installing, accessing, or otherwise using a Sandvine API within a software application, website, or product you create or a service you offer designed to provide access to a Sandvine service or application (an “ Application”), you are agreeing to these terms (“ API Terms”) with Sandvine Corporation (“Sandvine”, “we”, “us”, or “our”). You represent and warrant to us that you have the authority to accept these API Terms on behalf of yourself, a company, and/or other entity, as applicable. If additional terms (“Additional Terms”) apply to a Sandvine API, both these API Terms and the Additional Terms (collectively, “Terms”) will apply to your use of the Sandvine API. If a conflict arises between the Terms, the Additional Terms will prevail. As used in these API Terms, “Sandvine API” means any form of machine accessible application programming interface that provides access to a Sandvine service and any associated tools, including sample code that enables interactions with Sandvine’s services, and documentation that Sandvine makes available under these Terms, and includes all elements, components and executables of such API. We may change, amend or cancel these Terms at any time. Your use of the Sandvine API after the changes become effective means you agree to the new Terms. If you do not agree to the new Terms, you must stop using the Sandvine API.
Subject to your compliance with these API Terms, Sandvine grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to install, use, and make calls to Sandvine APIs to develop, test, and support your Application, and allow end users to use your integration of Sandvine APIs within your Application. You may use the Sandvine APIs only as expressly permitted in these API Terms.
When using the Sandvine APIs, you may not:
Subject to your compliance with these API Terms and, if applicable, the requirements set forth in the Sandvine icon’s branding guidelines, Sandvine grants you a limited, non-exclusive, non-assignable, non-transferable, worldwide, revocable right to use the Sandvine icon specifically associated with the Sandvine API (“Sandvine Icon”) solely in connection with an Application connected to a Sandvine API in accordance with these API Terms. The right to use the Sandvine Icons as granted herein does not imply or grant you any additional rights to use or display any Sandvine brand, logo, mark or icon not explicitly granted herein, nor does it grant you any rights to distribute, market or promote any Sandvine product or service or other intellectual property.
You may not:
In addition to the requirements under these Terms, you must at all times also comply with any Sandvine Brand Guidelines made available to you by Sandvine. We may change the Brand Guidelines without notice. You are responsible for keeping your use compliant with the current Brand Guidelines. Sandvine will be the sole beneficiary of any goodwill associated with your use of the Sandvine Icons.
You warrant that your Application has been developed to operate with Sandvine API content in a secure manner. Your network, operating system and the hardware and/or software of your servers, databases, and computer systems, either physical or virtual (collectively, “Systems”) must be properly configured to securely operate your Application and store content collected through your Application (including the Sandvine API content). Your Application must use reasonable security measures to protect the private information of your users.
We may use technology to detect, prevent or limit the impact of any issues caused by your Application (before or instead of suspension of your access). This may include, for example, filtering to stop spam or limiting your access to the Sandvine API.
You must have a process to respond to any vulnerabilities in your Application, and in the case of any vulnerabilities related to your Application’s connection to the Sandvine API discovered by you or reported to you by a third party, you agree that you will provide vulnerability details to Sandvine by emailing pm@sandvine.com.
In the event of a data breach by either party resulting from any aspect of the Sandvine API involving your Application or any content collected through your Application, you will contact Sandvine by emailing pm@sandvine.com and provide details of the data breach. You agree to refrain from making public statements (e.g. press, blogs, social media, bulletin boards, etc.) without prior written and express permission from Sandvine in each instance as it relates to the Sandvine API.
We may change or discontinue the availability of some or all of the Sandvine APIs at any time for any reason with or without notice. Such changes may include removal of features, or the requirements of fees for previously free features. We may also impose limits on certain features and services or restrict your access to some or all of the Sandvine APIs. We may release subsequent versions of the Sandvine APIs and require that you use those subsequent versions, at your sole cost and expense. Your continued use of the Sandvine APIs following a subsequent release will be deemed your acceptance of modifications. Any Sandvine API designated “pre-release”, “preview”, or “beta” (“Beta API”), may not work in the same way as a final version. We may change or not release a final or commercial version of a Beta API in our sole discretion. All of our rights in these Terms may be exercised without prior notice or liability to you.
If you give feedback about the Sandvine APIs to Sandvine, you give to Sandvine, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires Sandvine to license its software or documentation to third parties because Sandvine includes your feedback in them. These rights survive this agreement.
You may be given access to certain non-public information, software, and specifications relating to the Sandvine API (“Confidential Information”), which is confidential and proprietary to Sandvine. You may use Confidential Information only as necessary in exercising your rights granted under these API Terms. You may not disclose any Confidential Information to any third party without Sandvine’s prior written consent. You agree that you will protect any Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SANDVINE APIS. YOU UNDERSTAND THAT USE OF THE SANDVINE APIS IS AT YOUR OWN RISK AND THAT WE PROVIDE SANDVINE APIS ON AN “AS IS” BASIS “WITH ALL FAULTS” AND "AS AVAILABLE." TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE API TERMS ARE INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DON'T GUARANTEE SANDVINE APIS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR. YOU MAY BE ABLE TO ACCESS THIRD-PARTY WEBSITES OR SERVICES VIA SANDVINE APIS. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR SUCH WEBSITES OR SERVICES OR CONTENT THAT MAY BE AVAILABLE THERE.
If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Sandvine or any affiliates, resellers, distributors, suppliers (and respective employees, shareholders, or directors) and vendors, only direct damages up to USD $20.00 collectively. You can't recover any other damages or losses, including, without limitation, direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms or your use of any Sandvine API or the Sandvine Icons.
We may immediately terminate or suspend these API Terms, any rights granted herein, and/or your license to the Sandvine APIs, in our sole discretion at any time, for any reason. You may terminate these API Terms at any time by ceasing your access to the Sandvine APIs. Upon termination, all licenses granted herein immediately expire and you must cease use of the Sandvine APIs. Neither party will be liable to the other for any damages resulting solely from termination of these API Terms.
