ONTOTEXT CLOUD AGREEMENT

ONTOTEXT CLOUD is owned and operated by “ONTOTEXT” AD, EIK 200356710, VAT number: BG200356710, company registered under the Laws of Republic of Bulgaria with headquarters in 1784 Sofia, Bulgaria, company address: 135 “Tsarigradsko Shosse” Blvd, represented by its Executive Director Atanas Kostadinov Kiryakov (hereinafter referred to as “Ontotext”, “Licensor”, “We” or ”Us”).

This Agreement specifies the terms and conditions governing your ( “You”) right to access and use the software and services provided via the Ontotext Cloud.

By accessing or using ONTOTEXT CLOUD, you are consenting to be bound by this Agreement. If you are agreeing to these terms on behalf of a company, corporation or other legal person, you represent and warrant that you have authority to bind that legal person to this Agreement, and your agreement to these terms will be treated as the agreement of legal person.

Article 1. License Grant

Subject to Licensee’s continuous compliance with the terms and conditions of this Agreement Ontotext hereby grants You a worldwide, nonexclusive, non-transferable and non-assignable limited right and license to access and use the following ONTOTEXT CLOUD software and services:

  1. Text Analytics;
  2. Fully-Managed RDF Database;
  3. RDF Knowledge Graph.

Article 2. Uses Not Permitted

Except as provided herein, You shall not sublicense, sell, rent, lease, lend, assign, provide as a remote Service (Software as a Service) or time-share ONTOTEXT CLOUD software and services.

Article 3. API Key

Ontotext will provide You with an API Key that will enable you to access ONTOTEXT CLOUD. Your use of this API Key is governed by the terms of this agreement. Your API Key should be considered private information and should not be shared with any third party.

  1. You may provide Ontotext with files, documents, information (collectively “Data”), to be used via the ONTOTEXT CLOUD (“Your Data”).
  2. All Your Data will remain Your sole property to the full extent provided by law.
  3. You will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all Your Data.
  4. Ontotext will not use Your Data for any purpose other than to provide the ONTOTEXT CLOUD Service and for statistical reporting purposes. Ontotext may aggregate anonymous statistical data regarding use and functioning of its system for the purpose of optimising the service availability, scalability and performance. Such aggregated statistical data will be the sole property of Ontotext.
  5. What personal data is collected in ONTOTEXT CLOUD service and how Your data is treated is described in ONTOTEXT CLOUD Privacy Policy, an integral part of this Agreement. ONTOTEXT CLOUD Privacy Policy shall be made available on ONTOTEXT CLOUD’s website.
  6. Ontotext will use commercially reasonable security measures to protect Your Data against unauthorized disclosure or use.

Article 5. Limited License to Your Data

Subject to the terms and conditions of this Agreement, You grant to Ontotext a non-exclusive license to use, copy, store, transmit and display Your Data to the extent reasonably necessary to provide and maintain the ONTOTEXT CLOUD Service.

Article 6. Term

This Agreement shall become effective on the date You initially access and/or use ONTOTEXT CLOUD shall remain in effect for perpetuity unless sooner terminated.

Article 7.Fees

In consideration for the license rights granted herein, Licensee agrees to pay to Licensor the License Fees specified in the current ONTOTEXT CLOUD pricing list.

Article 8. Your Obligations

  1. You shall provide attribution to Ontotext via a clickable link to ONTOTEXT CLOUD and Ontotext when using results of ONTOTEXT CLOUD within the free tier usage limits. You shall not change any copyright statements, links, logos attached to Your data as a result of the usage of ONTOTEXT CLOUD.
  2. You shall not use ONTOTEXT CLOUD to transfer or exchange any material where such transfer or exchange is prohibited by intellectual property laws or any other applicable laws.
  3. Except to the extent that applicable law prohibits this restriction, You shall not make any attempt to circumvent the technological measure(s) that controls access to or use of ONTOTEXT CLOUD.
  4. You shall not redistribute ONTOTEXT CLOUD activation key code(s), or Web Services access codes to third parties.
  5. You shall not remove or obscure any Ontotext or its licensors' patent, copyright, trademark, or proprietary rights notices contained in or affixed to ONTOTEXT CLOUD.
  6. You shall not translate, disassemble, reverse engineer, decompile or otherwise attempt to reconstruct or discover any source code or underlying ideas or algorithms of, or embodied in the ONTOTEXT CLOUD.

Article 9. Ownership of Intellectual Property

  1. Ontotext shall retain and own all right, title and interest and all Intellectual Property and Intellectual Property Rights in and to all of the ONTOTEXT CLOUD.
  2. You shall remain sole and exclusive owner of Your Data and any annotations, enrichments and other modifications to it.

Article 10. Attribution

  1. Ontotext can mention and list You as a user of ONTOTEXT CLOUD, but except that neither party will issue any public announcement nor publish any materials that reference or discuss the other party or its products without the prior written consent of the other party.
  2. You are not allowed to publish reviews, comparisons, evaluation results obtained through the use of ONTOTEXT CLOUD without the written permission of Ontotext.

Article 11. Attribution

  1. Ontotext reserves the right to terminate this Agreement and the rights granted herein in Ontotext’s sole discretion, if in Ontotext reasonable opinion Your use of ONTOTEXT CLOUD violates this Agreement or is any way harmful or objectionable.
  2. Termination of this Agreement shall not limit or restrict any of the remedies otherwise available to the parties hereunder or at law.

Article 12. Warranties

Ontotext represents and warrants that:

  1. it has the right and power to grant the licenses granted herein;
  2. it has the right to use any third party components utilized in ONTOTEXT CLOUD;
  3. there are no other agreements with any other party in conflict with such grant and
  4. it has no actual knowledge that the ONTOTEXT CLOUD Software infringes any valid rights of any third party.

Article 13. Disclaimer of Warranty

  1. The ONTOTEXT CLOUD services, information or data made available at the ONTOTEXT CLOUD site are provided "AS IS", without warranties of any kind. Ontotext makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason or purpose.
  2. Ontotext expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose.
  3. there are no other agreements with any other party in conflict with such grant and
  4. Ontotext does not warrant that the use of ONTOTEXT CLOUD will be uninterrupted or errorfree nor that the API, Documentation and/or the information obtained by the customer through the services will meet any requirements. Ontotext is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and acknowledges that ONTOTEXT CLOUD and the Documentation may be subject to limitations, delays and other problems inherent to the use of such communications facilities.

Article 14. Limitation of Liability

  1. Under no circumstances shall Ontotext be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the ONTOTEXT CLOUD service, data, API, Information or from the use of the internet generally.
  2. Ontotext shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from the Information or the lack of information available on ONTOTEXT CLOUD.

Article 15. Entire Agreement, Amendment

  1. This Agreement, including any schedules and exhibits attached hereto, embodies the entire agreement and understanding between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements and understandings other than this Agreement relating to the subject matter hereof.
  2. Ontotext reserves the right to to change unilaterally this Agreement, Fees and general policy list at any time. If you do not agree with the modifications to the Agreement you should stop using ONTOTEXT CLOUD immediately.

Article 16. Governing Law

All claims regarding this Agreement are governed by and construed in accordance with the Laws of Republic of Bulgaria, applicable to contracts wholly made and performed in such jurisdiction, except for any choice or conflict of Law principles, and must be litigated in Sofia, regardless of the inconvenience of the forum, except that a party may seek temporary injunctive relief in any venue of its choosing.

Article 17. Third Party Components

Ontotext may use complementary third party software components, tools and libraries with ONTOTEXT CLOUD. Ontotext shall maintain on ONTOTEXT CLOUD website a list of such third party software components used in ONTOTEXT CLOUD.

Article 18. Severability

If any provision of this Agreement is found to be invalid or unenforceable by any court, such provision shall be ineffective only to the extent that it is in contravention of applicable laws without invalidating the remaining provisions of the Agreement.