Timestamp:

03/14/08 19:08:59 (2 years ago)

Author:

me.yahoo.com/adharni_50014#43f35 (IP: 10.100.10.112)

Comment:

--

Terms

@@ -10 +10 @@
   1.2    '''“Application”''' means the software application written by Developer using the APIs, that interfaces with the Hi5 Site, and that is hosted by Developer or a third party.
 
-  1.3    '''“Call”''' means an automated retrieval call or other data retrieval request delivered to or through the APIs in the format described in the API.
-  1.4    '''“Developer Trademarks” '''means the trademarks, trade names, and logos provided to Hi5 by Developer for use in accordance with this Agreement. 
-  1.5    '''“Documentation”''' means the “online” or electronic documentation provided by Hi5 to Developer along with the APIs and Calls. 
-  1.6    '''“End User”''' means the Hi5 end user of the Hi5 Site. 
-  1.7    '''“End User Information”''' means all data and information accessible via the Hi5 Site relating to a Hi5 End User however collected or received, including without limitation, through “cookies” or non-electronic means pertaining to or identifiable to a particular Hi5 End User, including, without limitation, (a) name, address, email address, passwords, account numbers, personal preferences, photos, video, blogs, or any other identification data or content or (b) any information that reflects use of or interactions with the Hi5 Site or any Application by such End User, including any usage patterns of an Application by the End User.  “End User Information” includes information or data relating to more than one Hi5 End User regardless of whether such information has been aggregated or anonymized. 
-  1.8    '''“Hi5 Site”''' means the website owned and operated by Hi5 and primarily accessible through the URL www.hi5.com. 1.9    “Hi5 Trademarks” means the trademarks, trade names, and logos provided to Developer by Hi5 for use in accordance with this Agreement. 1.10    “Intellectual Property Rights” means all copyrights, trade secrets, patents, patent applications, moral rights, contract rights, and other proprietary rights worldwide. 
+  1.3    '''“Call”''' means an automated retrieval call or other data retrieval request delivered to or through the APIs in the format described in the API. 1.4    '''“Developer Trademarks” '''means the trademarks, trade names, and logos provided to Hi5 by Developer for use in accordance with this Agreement.  1.5    '''“Documentation”''' means the “online” or electronic documentation provided by Hi5 to Developer along with the APIs and Calls.  1.6    '''“End User”''' means the Hi5 end user of the Hi5 Site.  1.7    '''“End User Information”''' means all data and information accessible via the Hi5 Site relating to a Hi5 End User however collected or received, including without limitation, through “cookies” or non-electronic means pertaining to or identifiable to a particular Hi5 End User, including, without limitation, (a) name, address, email address, passwords, account numbers, personal preferences, photos, video, blogs, or any other identification data or content or (b) any information that reflects use of or interactions with the Hi5 Site or any Application by such End User, including any usage patterns of an Application by the End User.  “End User Information” includes information or data relating to more than one Hi5 End User regardless of whether such information has been aggregated or anonymized.  1.8    '''“Hi5 Site”''' means the website owned and operated by Hi5 and primarily accessible through the URL www.hi5.com. 1.9    “Hi5 Trademarks” means the trademarks, trade names, and logos provided to Developer by Hi5 for use in accordance with this Agreement. 1.10    “Intellectual Property Rights” means all copyrights, trade secrets, patents, patent applications, moral rights, contract rights, and other proprietary rights worldwide.
 
 2.    '''LICENSES; RESTRICTIONS'''
@@ -21 +16 @@
   2.1    '''Licenses'''.  Subject to the terms and conditions of this Agreement, Hi5 hereby grants to Developer a limited, nonexclusive, revocable, and nontransferable license (without the right to grant sublicenses) to (i) reproduce and perform the APIs, solely in accordance with the Documentation, and solely to develop the Application, and (ii) reproduce and embed the Calls in the Application, solely to enable the Application to communicate with the Hi5 Site; (iii) reproduce and distribute the Calls, solely as embedded in the Application, to End Users to enable the Application to communicate with the Hi5 Site; and (iv) reproduce and internally use a reasonable number of copies of the Documentation for the purpose of implementing the APIs and Calls into the Application.  Hi5 may change or update the Licensed Materials at any time in its sole discretion.  Hi5 will notify Developer when Hi5 has made any changes or updates to the Licensed Materials by posting a notice on the Hi5 Site.  Developer acknowledges that as a result of these changes or updates, Developer may need to change its Application to ensure continued operation with the Hi5 Site. 
   2.2    '''License Restrictions.'''  Developer acknowledges that the APIs and Calls and their structure and organization constitute valuable trade secrets of Hi5.  Accordingly, except as expressly allowed under Section 2.1, Developer agrees not to, and will not permit others (including End Users) to, (a) modify or create derivative works from the Licensed Materials; (b) embed or use the APIs or Calls other than with the Application or in a manner other than in accordance with the Documentation; (c) distribute, sublicense or otherwise transfer the Licensed Materials to any third party; or (d) reverse engineer the APIs or Calls.  Developer shall not make available to End Users or any third party the Licensed Materials or any interface, information, or functionality of Hi5 servers or services.  Developer further agrees to maintain all proprietary notices on or within the Licensed Materials.  In no event will the Application or the implementation or presentation of the Application in any way mislead or confuse an End User or any other party that the Application is part of the Hi5 Site or is offered by Hi5.  Developer will only display and present the Application to an End User in accordance with the guidelines set forth at !http://www.hi5networks.com/platform/wiki/AppGuidelines and will only permit access to the Application via the Hi5 Site.  Developer will not invite any End user to access or use the Application (or any other application) through or on any other website or service or invite any End User to join any other website or service. 
-  2.3    '''Hi5 Trademark License.'''  Subject to the terms and conditions of this Agreement, Hi5 grants to Developer a non-exclusive, non-transferable, revocable license (without the right to grant sublicenses) to display and use (in accordance with Hi5’s trademark usage guidelines as provided to Developer from time to time) the Hi5 Trademarks, solely in connection with the promotion of the Application to the extent Hi5 has agreed to provide a link on the Hi5 Site to the Application, subject to Hi5’s prior written approval expressly permitting the specified promotion.  Hi5 may terminate Developer’s right to use the Hi5 Trademarks, in whole or in part, if Developer does not adhere to Hi5’s then-applicable trademark usage guidelines for the Hi5 Trademarks, if Hi5 does not approve of Developer’s use of the Hi5 Trademarks, if Hi5 is no longer providing a link on the Hi5 Site to the Application, or if Developer does not comply with the terms of this Agreement.  Hi5 retains exclusive rights to the Hi5 Trademarks and grants no rights to Developer other than the limited license expressly granted in this section.  Developer agrees to state in appropriate places on all materials using the Hi5 Trademarks that the Hi5 Trademarks are trademarks of Hi5 and to include the symbol ™ or ® as appropriate.  Developer agrees not to take any action inconsistent with Hi5’s ownership of the Hi5 Trademarks and to cooperate, at Hi5’s request and expense, in any action (including the conduct of legal proceedings) which Hi5 deems necessary or desirable to establish or preserve Hi5’s exclusive rights in and to the Hi5 Trademarks.  Developer will not adopt, use, or attempt to register any trademarks or trade names that are confusingly similar to the Hi5 Trademarks or in such a way as to create combination marks with the Hi5 Trademarks and will not use the term “Hi5” in the name of Developer’s application or in any of Developer’s trademarks. 
-  
+  2.3    '''Hi5 Trademark License.'''  Subject to the terms and conditions of this Agreement, Hi5 grants to Developer a non-exclusive, non-transferable, revocable license (without the right to grant sublicenses) to display and use (in accordance with Hi5’s trademark usage guidelines as provided to Developer from time to time) the Hi5 Trademarks, solely in connection with the promotion of the Application to the extent Hi5 has agreed to provide a link on the Hi5 Site to the Application, subject to Hi5’s prior written approval expressly permitting the specified promotion.  Hi5 may terminate Developer’s right to use the Hi5 Trademarks, in whole or in part, if Developer does not adhere to Hi5’s then-applicable trademark usage guidelines for the Hi5 Trademarks, if Hi5 does not approve of Developer’s use of the Hi5 Trademarks, if Hi5 is no longer providing a link on the Hi5 Site to the Application, or if Developer does not comply with the terms of this Agreement.  Hi5 retains exclusive rights to the Hi5 Trademarks and grants no rights to Developer other than the limited license expressly granted in this section.  Developer agrees to state in appropriate places on all materials using the Hi5 Trademarks that the Hi5 Trademarks are trademarks of Hi5 and to include the symbol ™ or ® as appropriate.  Developer agrees not to take any action inconsistent with Hi5’s ownership of the Hi5 Trademarks and to cooperate, at Hi5’s request and expense, in any action (including the conduct of legal proceedings) which Hi5 deems necessary or desirable to establish or preserve Hi5’s exclusive rights in and to the Hi5 Trademarks.  Developer will not adopt, use, or attempt to register any trademarks or trade names that are confusingly similar to the Hi5 Trademarks or in such a way as to create combination marks with the Hi5 Trademarks and will not use the term “Hi5” in the name of Developer’s application or in any of Developer’s trademarks.
 
 3.    '''OTHER DEVELOPER OBLIGATIONS'''