//ExtremeData.org

Databuy provides Databuy Hosted Webservice (as defined below) to you subject to the following conditions. This is a legal agreement between you and Databuy. In consideration of Databuy allowing you to use Databuy Hosted Webservice and by accessing Databuy you agree to the terms of this agreement (“Agreement").

Grant of License

You are granted a limited, revocable, nonexclusive license to use any data, images, text, content, tools or other information (collectively referred to as the "Databuy Properties") received via Databuy Hosted Webservice in accordance with the terms and conditions described herein. You agree that you will provide accurate information when signing up for a Databuy Hosted Webservice account. Databuy retains all rights not expressly granted by this Agreement.

You may only use Databuy Hosted Webservice and the Databuy Properties as follows:

• Human Interactive Use. You may interact with Databuy Services as a human being in a non-automated fashion.
• Automated Use. You may write an application that interfaces automatically with Databuy Hosted Webservice provided that you obtain and use a Databuy Services account and that you do not exceed the following usage limits without explicit, prior authorization from Databuy:
• No Abuse. You may not use Databuy Hosted Webservice for abusive purposes, nor may the you use Databuy Hosted Webservice from applications designed to abuse computer resources accessible through any network—local, wide-area, or internet. Databuy does not collect your queries information and is not responsible for any potential abuse stemming from your client application. Abuse includes but is not limited to: unauthorized data mining, denial of service attacks, unauthorized computer system incursions, and any actions that violate applicable laws or regulations. You may not use Databuy Hosted Webservice in any manner that could damage, disable, overburden, or impair Databuy Hosted Webservice (or the network(s) connected to Databuy Hosted Webservice) or interfere with any other party's use and enjoyment of Databuy Hosted Webservice. You may not attempt to gain unauthorized access to Databuy Hosted Webservice, other accounts, computer systems or networks connected to Databuy Hosted Webservice, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Databuy through Databuy Hosted Webservice.
• No Resale or Sublicensing. Except as allowed above, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any information, software, products or services obtained from Databuy Hosted Webservice or Databuy Properties without prior written consent from Databuy. You may not allow other parties to use your Databuy Hosted Webservice account or login credentials.

Uptime

Databuy Webservice's historic uptime has been 99.9% over the past year. It is Databuy goal to maintain an uptime of 99.9% or greater. You understand and agree that service outtage can occur due to unexpected reasons, in which case Databuy will restore service in a reasonable and timely fashion. Databuy is not responsible for any loss as a result of service outtage.

Response Time

You understand and agree that Databuy Webservice's response time can vary depending on many factors including server load, network latency, and technical reasons.

Indemnification

You agree to defend, indemnify, and hold harmless Databuy and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of Databuy Hosted Webservice by you, or by any other person using Databuy Hosted Webservice through you or using your computer.

Warranty and Disclaimer

You understand and agree that Databuy Hosted Webservice is provided on an "as is" and "as available" basis. You expressly agree that use of Databuy Hosted Webservice is at your sole risk. To the maximum extent permitted by applicable laws, Databuy disclaims all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, neither Databuy nor any of its affiliates, nor any of their officers, directors, licensors, employees or representatives represent or warrant (a) that Databuy Hosted Webservice, including its content, will meet your requirements or be accurate, complete, reliable, or error free; (b) that the service will always be available or will be uninterrupted, accessible, timely, or secure; (c) that any defects will be corrected, or that the service will be free from viruses, worms, trojan horses or other harmful properties; (d) the availability for sale, or the reliability or quality of any products discussed or referenced in the service; (e) any implied warranty arising from course of dealing or usage of trade; (f) that the service is non-infringing. Databuy and its affiliates hereby disclaim, and you hereby waive and release Databuy and its affiliates from, any and all obligations, liabilities, rights, claims or remedies in tort arising from or in connection with this Agreement, Databuy Hosted Webservice, and Databuy Properties, whether or not arising from the negligence (active, passive or imputed) of Databuy or its affiliates. You acknowledge and agree that any content downloaded or otherwise obtained through Databuy is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from use of Databuy Hosted Webservice. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from jurisdiction to jurisdiction.

Limitation of Liability

In no event shall Databuy, its affiliates, it suppliers, or any of their officers, directors, employees, agents, representatives, information providers, or licensors be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use Databuy Hosted Webservice, even if Databuy has been advised of the possibility of such damages. In any event, Databuy's cumulative liability to any user for any and all claims relating to the use of Databuy Hosted Webservice shall not exceed the total amount paid by the user for Databuy Hosted Webservice during the preceding three-month period.

Termination

You may terminate this Agreement by ceasing to use Databuy Hosted Webservice and the Databuy Properties. Databuy reserves the right to terminate this Agreement (and/or your account) or discontinue Databuy Hosted Webservice or any portion or feature thereof for any reason and at any time at its sole discretion. Upon any termination or notice of any discontinuance, you must immediately stop and thereafter desist from using Databuy Hosted Webservice, including the Databuy Properties, and any applicable portions or features thereof, and delete all Databuy Hosted Webservice in your possession or control (including from your application and your servers).

Breach of Agreement

This Agreement will terminate automatically if you fail to comply with the terms of this Agreement. Upon termination of this Agreement, all rights and licenses granted in the Agreement shall immediately terminate. You will immediately delete any Databuy Properties or other Databuy proprietary information in your possession or control.

Modification of Agreement

Databuy may modify any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting a change notice or a new Agreement on the Databuy web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of Databuy Hosted Webservice or the Databuy Properties following Databuy's posting of a change notice or new Agreement on the web site will constitute binding acceptance of the change. Databuy may modify any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting a change notice or a new Agreement on the Databuy web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of Databuy Hosted Webservice or the Databuy Properties following Databuy's posting of a change notice or new Agreement on the web site will constitute binding acceptance of the change.

Governing Law

This Agreement shall be governed by the laws of the State of California, U.S.A. Exclusive jurisdiction over disputes arising under this Agreement or regarding use of Databuy Services will be in the state and federal courts of and sitting in Collin County, Texas, U.S.A. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. In any litigation involving this Agreement or the use of Databuy Hosted Webservice, the prevailing party will be entitled to recover reasonable attorneys' fees.

Entire Agreement

This Agreement constitutes the entire agreement between you and Databuy regarding Databuy Hosted Webservice and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between you and Databuy regarding Databuy Services. Except as provided by Section 9, this Agreement may not be amended, varied or supplemented except by a writing executed by both you and Databuy that specifically references this Agreement and the provision(s) to be amended, varied or supplemented, and, without limitation of the foregoing, no provision of this Agreement shall be varied, contradicted or explained by any oral agreement, course of dealing or performance, or any other matter not set forth in writing executed as provided above.