1.1 “Affiliate” means, with respect to either party, any partnership, joint venture, corporation, limited liability company, association or other legal entity, however organized (a “Person”) that now or hereafter directly or indirectly through one or more intermediaries, controls, or is controlled by or is under common control with the party in question. For the purpose of this definition, “control” together with grammatical variations when used with respect to any Person, shall mean the power to direct the management and policies of such Person; directly or indirectly.
1.2 "API" means a set of subroutine definitions, protocols, and tools for building application software made available by Demo through the Demo Bank Developer Platform to allow you to access and/or use API Content/Services through your application.
1.3 “API Content" means data or information made available by or delivered through a particular API, subject to the terms and conditions identified below. “API Services" means service(s) and/or function(s) accessible through or performed by a particular API, subject to the terms and conditions identified below “API Content/Services" means the API Content and the API Services associated with an API(s).
1.4 “Documentation” means the standard written material in machine readable or printed form that describes the design, functions, operation or use of the Software & any updates and upgrades from time to time.
1.5 “Defect” means a failure of the API(s) and/or the API Content/Services associated with any API(s) to perform in all material respects in accordance with its specifications.
1.6“Harmful Code” means a self-propagating program such as a virus, worm, Trojan horse, logic / time bomb, back / trap door and all similar forms of extraneous code or harmful components that damage other programs. A disabling device such as a product key or an expiry code is not Harmful Code or any downloadable content which contains any harmful code.
1.7 “Intellectual Property Rights” means all tangible and intangible and now known or hereafter existing (i) rights associated with works of authorship, including but not limited to copyrights, moral rights, and mask-works, (ii) trademark and trade name rights and similar rights, (iii) trade secret rights, (iv) patents, designs, algorithms and other industrial property rights, (v) all other intellectual and industrial property rights, whether arising by operation of law, contract, license, or otherwise, and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing).
1.8”Licensed Content” Licensed Content shall include Published APIs, services framework and related documentation (for instance, Methodology & design, technical details of the system, Data Requirements, Security controls, User manual, online help manual, Maintenance requirements, Interface document, sample code) or such content. as may be provided by Demo at its sole discretion from time to time.
3.2 Terms Governing the Licensed Content:
3.2.1 The Licensed Content shall be shared with you in the frequency and on the terms and conditions as may be agreed upon between you and Demo pursuant to a separate service agreement executed to this effect.
3.2.1 Demo hereby reserves the right to modify, change, or delete any of the Licensed Content and API, including but not limited to alter, modify, change or delete the terms of this License Agreement, from time to time, at its sole discretion.
3.4 Attribution: All content pages which contain Licensed Content will have a attribution as specified in the service agreement. Each website content page will have a do-follow link to www.Demo.com, which link will open www.Demo.com in a new window. Each mobile app content page will have a link to open the Demo mobile app or, if the Demo app is not installed, to the mobile device’s app store (e.g., Google Play or Apple’s App Store)
4.1 Use of an API and/or API Content/Services is subject to reasonable information security policies and procedures, including but not limited to OTP procedures, which may not be fully disclosed and may vary from time to time. When accessing or using an API and/or API Content/Services under this Agreement, you, your End Users and/or your Application shall not:
4.1.1. modify, obscure, circumvent, or disable any element of an API and/or API Content Services, or their access control features;
4.1.2. disrupt, interfere with, or adversely impact the access or use of an API and/or API Content/Services by Us or others;
4.1.3. disclose, share, or transfer your Token or OTP to any third party or allow anyone else to access your API Market account unless expressly authorized in this Service Agreement;
4.1.4. infringe, misuse, or claim ownership of Our intellectual property;
4.1.5. transmit any viruses, worms, defects , Trojan horses, any other harmful code or any malware through your Application or your access to or use of an API and/or API Content/Services;
4.1.6. use the API and/or API Content/Services in whole or in part for the purpose of serving as a factor in establishing an individual's eligibility for credit, employment or insurance or for any other consumer initiated transaction.;
4.1.7. use it in connection with an Application that offers, permits or promotes gambling within the Application;
4.1.8. use it in connection with an Application that is offensive, abusive, libellous, harassing, threatening, discriminatory, vulgar, pornographic, unethical, unlawful (or that promotes unlawful behavior), or that is otherwise inappropriate as determined by us in our sole discretion;
4.1.9. except as expressly authorized by us, use any robot, spider, retrieval application, or other automated functionality to retrieve or index any portion of our data, products, or services for any unauthorized purpose; or
4.1.10. use any API and/or API Content/Services in furtherance of or in connection with any live transaction (whether virtual or real) or any transaction with legal or other real consequences to you, your End Users or any participant in the transaction, regardless of whether the data involved or was otherwise provided or furnished for use by you, your End Users or your Application.
4.2 We reserve the right, in our sole discretion, to grant, deny, limit, or modify your and/or your End Users' access to and/or the use of any API(s) and/or the API Content/Services associated with any API(s).
5.1 When accessing or using an API and/or API Content/Services under this Agreement, you, your End Users and/or your Application shall use commercially reasonable efforts to ensure the cyber security measures are in place to protect the Demo’s data and information which are accessed, processed, stored or transmitted irrespective of whether such place is housed at the Demo’s premises or in the premises of a third party.