The use of the Softonic API requires a prior registration with Softonic by completing and providing author's details on the Softonic registration form. By means of the registration in any of Softonic websites, the author explicitly agrees to be bounced by the Softonic General Terms and by these API Terms and any revised or renewed versions thereof, as will be published on the Softonic Websites or as may be otherwise notified to the author by Softonic.
Softonic grants the author a limited, non-exclusive, non-assignable, non-sub licensable, non-transferable right to use the Softonic API (hereinafter, the “License”) for the following purposes:
- developing software or code to interface and connect a software application with Softonic Software, (the “Software Application”); or
- developing software or code to interface a hardware device or other physical equipment (including any software embedded thereupon) (the “Hardware Device”) with Softonic Software and distributed together with or made available for such Hardware Device, “Hardware Application Purpose”.
The License does not grant the author any additional right different from the ones expressly foreseen herein.
Softonic may revise, modify or cease to provide, require the author to immediately cease using the Softonic API or any part thereof, which may result in loss of compatibility, denial of access to the functionality of Softonic and/or Softonic's servers, tools, information and databases, commercial activities related thereto, from time to time without notice.
Author's Rights and Obligations
The Software Application or Hardware Device (as applicable) shall in no way and to no extent whether directly or indirectly adversely affect, impede or otherwise hinder or disrupt the functionality or performance of Softonic or any of the services provided by Softonic.
Unless the author obtains Softonic's authorization in writing, the author will not distribute the Software Application or Hardware Device (as applicable) online through any other websites that could be considered directly or indirectly concurrent with Softonic, or that could infringe Softonic's intellectual property rights.
The author undertakes not to use the Softonic API in any Software Application or Hardware Device that could be considered as potentially fraudulent or inappropriate or contrary to the entrepreneurial principles by which Softonic is ruled.
The author shall be liable for any services and/or products provided through the Software Application or Hardware Device, and shall keep Softonic unharmed regarding the author or any third party for the author's un-fulfillment of this obligation.
The author's rights to use the Softonic API are strictly subject to the author's full compliance with Softonic's API Terms and any existing additional terms, if applicable, and any breach of any provision of these API Terms or any applicable additional Terms shall give Softonic the right to terminate this agreement.
The Software Applications or Hardware Devices, its content and development is under the author's sole responsibility, as such Software Applications or Hardware Devices are not endorsed, certified or otherwise approved by Softonic. Due to that Softonic shall remain absolutely unharmed for any claim regarding such Software Applications or Hardware Devices.
The acceptance of this terms and the use of the Softonic API will not give the author any additional right related to Softonic, or to use any Softonic trademarks and logos, or make references to Softonic or Softonic's products or services other than the ones established herein, which shall be considered as material breach of these API Terms and shall grant the right to Softonic to immediately terminate this agreement. Such termination shall be without limitation to Softonic's right to claim damages, seek for injunctive or other equitable relief and obtain other remedies from the author, derived from the author's material breach of the contract and from any additional prejudices suffered by Softonic.
Representations and warranties
The author acknowledges and agrees that the use of the Softonic API will be at his own risk and account.
As set forth above, the author shall indemnify, defend and hold Softonic, its Affiliates and staff harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by such person, in connection with or arising out of (a) the use made by the author of the Softonic API or (b) any breach or violation of the terms and conditions of these API Terms and any other applicable Additional Terms or (c) the provision by the author of any Software Application or Hardware Device You developed using the Softonic API that could harm any third party or Softonic itself.
Softonic reserves the right to modify these API Terms at any time, on a general or individual basis, by publishing the revised API Terms on the Softonic Website.
The Softonic API is being provided free of charge, and due to that, the author acknowledges and agrees that Softonic, its affiliates, its licensors and the Softonic staff shall not be liable regarding the use made by the author.
In no event shall Softonic, its affiliates, its licensors and the Softonic staff, be liable for the following issues:
- Any indirect, incidental, special or consequential damages and any loss of income, business or profits, both, direct or indirect, arising from the user or the inability to use the Softonic API.
- Any loss or damage, derived from any disruptions or delays in any communication when using the Softonic API, or the suspension or termination of this agreement by either party for any reason, or the release or the decision not to release new versions of the Softonic API to the author.
Intellectual property rights
The IP rights related to the Software Application and/or Hardware Device are owned by the author.
The IP rights related to de Softonic API are owned by Softonic.
The author undertakes not to allege infringement of, threaten to or bring any action, claim or proceedings for the infringement of, assert or enforce any patent created, developed, acquired, licensed or owned by the author, which uses the Softonic API which may be infringed by the use or exploitation of the Softonic Software including the Softonic API against (a) Softonic or Softonic's Affiliates (or any of their licensees, assigns or successors) or (b) any developer in the Softonic developer community who uses the Softonic API for a permitted purpose in accordance with these API Terms.
If the person appearing as the author is an employee or director of a business and uses the Softonic API on behalf of that business (the “Business”), this person acknowledges and agrees that:
- by accepting these API Terms and using the Softonic API, is doing so on behalf of the Business and with the express authorization of the Business, and such person and the Business shall be bound by these API Terms in respect of this person's and the Business's use of the Softonic API;
- the license granted by Softonic to use the Softonic API is subject to this person obtaining from the Business all necessary consents, permissions and authorizations needed to act on its behalf and legally bind it according to these API Terms.
This person represents and warrants having obtained such consents, permission and authorization to use the Softonic API on behalf of the Business.
Term and termination
These API Terms will become effective upon [an approved Registration / the use of the Softonic API] and will remain effective until terminated by either Softonic or the author as set forth herein. Softonic will not be liable in relation to any damage caused by the modification or termination of these API Terms and/or any other applicable Additional Terms.
The author may terminate these API Terms with immediate effect at any time by stop using the Softonic API. Without limiting other remedies, Softonic may limit, suspend or terminate these API Terms and the author's use of the Softonic API at any time if considered that the author is in breach of these API Terms or has acted in a way which shows his intentions of not fulfillment of with these API Terms. In addition, Softonic may terminate these API Terms with immediate effect at any time, for any reason, including but not limited to, if the author engages any action that in Softonic's opinion devalues Softonic's brand or reputation.
Upon termination of these API Terms by any cause, all licenses and rights of use granted due to the license shall immediately terminate and the author shall immediately cease any and all use of the Softonic API.
Entire Agreement: The terms and conditions of these API Terms constitute the entire agreement between the author and Softonic with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
Partial Invalidity: If any provision of these API Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to these API Terms as a whole, the legality, validity or enforceability of the remainder of these API Terms shall not be affected.
No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by these API Terms or by law shall not constitute a waiver of that right, power or remedy. If Softonic waives a breach of any provision of these API Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
Assignment: The author is not allowed to assign these API Terms or any rights hereunder. Softonic is allowed at its sole discretion to assign these API Terms or any rights hereunder to any third party, without giving prior notice.
Applicable Law and Competent Court: These API Terms shall be governed by and interpreted in accordance with the laws of Spain and shall be subject to the jurisdiction of the courts of the city of Barcelona.