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Thank you for using the Remember The Milk application programming interfaces (the "Remember The Milk APIs"). By using the Remember The Milk APIs, you agree to the terms below. If you disagree with any of these terms, Remember The Milk does not grant you a license to use the Remember The Milk APIs. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here: http://www.rememberthemilk.com/services/api/terms.rtm
Your license to the Remember The Milk APIs under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Remember The Milk APIs. Remember The Milk may terminate the license at any time for any reason. Your rights to use the Remember The Milk APIs terminate automatically if (i) you violate any of these terms, (ii) Remember The Milk publicly posts a written notice of termination on rememberthemilk.com, (iii) Remember The Milk sends a written notice of termination to you, or (iv) Remember The Milk disables access to the Remember The Milk APIs to you.
The Remember The Milk APIs are owned by Remember The Milk Inc. (hereinafter "Remember The Milk") and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the Remember The Milk APIs, all updates, revisions, substitutions, and any copies of the Remember The Milk APIs made by or for you. All rights not expressly granted to you are reserved by Remember The Milk.
If the primary purpose of your application is to derive revenue, it is considered a commercial application. Remember The Milk reserves the right to make these evaluations at the time that you apply for the license. Remember The Milk may also monitor your site or application over time to ensure continued compliance with the appropriate type of API key.
If you're in doubt about whether your application is commercial, here are a few common examples of commercial use that may provide you some guidance:
If you are interested in commercial use of the API, please share your business proposal via our contact form: http://www.rememberthemilk.com/help/contact/?ctx=business. You can't be too specific about your intended use of the Remember The Milk Commercial API! Lack of specificity or supporting information could delay your application indefinitely. When in doubt, it's always better to include more detail about your application. Please note that in some cases we may grant your request for a commercial API key subject to your payment of fees, such as to help cover infrastructure costs.
You agree to comply with the branding and attribution guidelines for the Remember The Milk APIs which is located at http://www.rememberthemilk.com/services/api/branding.rtm (or such other URL that Remember The Milk may provide from time to time) (the "Branding Guidelines"). The Branding Guidelines are incorporated into these Terms by this reference.
The Remember The Milk APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Remember The Milk's rights apply to the Remember The Milk APIs and all output and executables of the Remember The Milk APIs, excluding any software components developed by you which do not themselves incorporate the Remember The Milk APIs or any output or executables of the Remember The Milk APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. Remember The Milk owns all rights, title, and interest in and to the Remember The Milk APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Remember The Milk, including (but not limited to) the Remember The Milk APIs and Remember The Milk trademarks.
Remember The Milk may elect to provide you with support or modifications for the Remember The Milk APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Remember The Milk may change, suspend, or discontinue any aspect of the Remember The Milk APIs at any time, including the availability of any Remember The Milk APIs. Remember The Milk may also impose limits on certain features and services or restrict your access to parts or all of the Remember The Milk APIs or the Remember The Milk Web site without notice or liability.
Remember The Milk is committed to free and open access to our APIs. However, providing the APIs does have real costs for Remember The Milk. For uses of Remember The Milk APIs over a certain rate or for certain types of commercial applications, Remember The Milk reserves the right to charge fees for future use of or access to the Remember The Milk APIs.
SOME OF THE REMEMBER THE MILK APIS MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. REMEMBER THE MILK DOES NOT REPRESENT OR WARRANT THAT ANY REMEMBER THE MILK APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE REMEMBER THE MILK APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND REMEMBER THE MILK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF REMEMBER THE MILK APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY REMEMBER THE MILK APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
REMEMBER THE MILK SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE REMEMBER THE MILK APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT REMEMBER THE MILK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL REMEMBER THE MILK BE LIABLE TO YOU FOR ANY AMOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Remember The Milk, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Remember The Milk APIs. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Remember The Milk and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Remember The Milk APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Remember The Milk shall use good faith efforts to provide you with written notice of such claim, suit or action.