Terms and Conditions for Spot Catalog API Service

Thank you for using the Spot Catalog API service. By using this service ("Spot Catalog API") you agree to be bound by the following terms and conditions (the "Terms and Conditions"), as updated from time to time by Spot Image in their latest version, available on the following website: http://api.spotimage.com/catalog/spot/data/index.html

Personal and legitimate uses only

The Spot Catalog API service is made available to you for your personal, non-commercial use only (at home or at work). You shall provide accurate identification, contact, and other information required as part of the registration process. You shall not create any script or other automated tool that attempts to create multiple Spot Catalog API accounts or multiple requests to the Spot Catalog API. You shall not use the search results provided by the Spot Catalog API service with an existing product or service that competes with products or services offered by Spot Image S.A. And you shall not address more than hundred (100) requests per day to the Spot Catalog API.

If you are interested in doing anything different than the foregoing, you must first obtain Spot Image S.A.'s written consent. If you fail to do so, Spot Image S.A. reserves the right to take legal action.

If you have questions on your contemplated use or if you have comments on Spot Catalog API or ideas on how to improve it, please send a message through http://labs.spotimage.com/contact/ .Please note that by doing so, you also grant Spot Image S.A. permission to use and incorporate your ideas or comments into Spot Catalog API without further compensation.

Intellectual property

You agree not to remove, obscure, or alter Spot Image's or Astrium's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within Spot Catalog API. You also acknowledge that Spot Image S.A. owns all right, title and interest in and to Spot Catalog API, including without limitation all intellectual property rights (the "Spot Image S.A. Rights"). The Spot Image Rights include rights to the following: (1) the APIs developed and provided by Spot Image S.A., and (2) the search results and meta-data information you obtain when you use Spot Catalog API. The Spot Image Rights do not include the following: (1) third-party components used as part of Spot Catalog API; or (2) software developed by you in conjunction with using Spot Catalog API.

Publicity

So long as you comply with your obligations under this Agreement, you may indicate that a product or service that you created either used or is based on Spot Catalog API provided that those products or services do not in Spot Image S.A.'s reasonable opinion (1) tarnish, infringe, or dilute Spot Image's or Astrium's trademarks, (2) violate any applicable law, and (3) infringe any third-party rights. If you wish to use the Spot Image or Astrium's trademark and/or logo in any other manner, you must first obtain Spot Image S.A.'s written consent.

Disclaimer of warranties

The Spot Catalog API service is currently in beta form and has not been fully tested or debugged. Accordingly, Spot Image S.A. disclaims any responsibility for any harm resulting from your use of Spot Catalog API.

The Spot Catalog API service is provided "as is," with no warranties whatsoever. Spot Image S.A. expressly disclaims to the fullest extent permitted by French law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Spot Image S.A. disclaims any warranties regarding the security, reliability, timeliness, availability, and performance of Spot Catalog API.

You understand and agree that you use Spot Catalog API at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of Spot Catalog API.

Limitation of liability

The Spot Catalog API service is being provided free of charge. Accordingly, you agree that Spot Image S.A. shall have no liability arising from or based on your use or inability to use Spot Catalog API.

Under no circumstances shall Spot Image S.A. be liable to any user or third party on account of that user's use or misuse of Spot Catalog API. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if Spot Image S.A. has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Spot Catalog API, from inability to use Spot Catalog APIs, or from the interruption, suspension, or termination of Spot Catalog APIs (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by French law.

Indemnification

You hereby agree to indemnify, defend and hold Spot Image S.A. , and its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of Spot Catalog API, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Spot Image S.A. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Collection and processing of personal data

Personal data concerning you are only held in our databases if you have freely communicated them to us, for example when opening a SPOTCatalog account or filling in a questionnaire. Under French statutory provisions (French statute of 6 January 1978), you have the right to consult, correct and remove data concerning you held on record. To exercise your right, please send a message through http://labs.spotimage.com/contact/

Term and termination

If you wish to terminate this Agreement, you may simply cease using the Spot Catalog API service. In such a case, you must delete any search result information that you may have obtained from the Spot Catalog API service. Spot Image S.A. may terminate this Agreement (and your account) at any time, with or without cause.

General provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of France, without giving effect to the conflict of laws or your actual state or country of residence. Any dispute arising from these Terms and Conditions shall be adjudicated in the commercial courts located in Toulouse, France. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Spot Image S.A..