IMPORTANT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE (AS THAT TERM IS DEFINED BELOW). YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS BY CLICKING “ACCEPT” ON THE REGISTRATION OR SIGN-IN SCREEN FOR THE SOFTWARE.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CONTINUE WITH INSTALLATION OR USE OF THE SOFTWARE.
1. Introduction
This API Terms of Use (this “Agreement”) is a contract between the entity whose employee or agent clicks “accept” (“Company”) and Molex, LLC (“Molex” and, together with Company, the “Parties”)
2. Permitted Use
Company is authorized to access and use the following application programming interface or other software listed below (collectively, the “Software”), and all data accessed or retrieved via the Software (“Service Data”) solely for the purposes of (a) purchasing products from Molex, (b) conducting activities directly related to the use of such products or seeking services from Molex, and (c) acting as an authorized distributor of such products including the marketing and promoting thereof.
Software Description: Molex API
3. Use Restrictions
Company will not, and will not permit any third party to, copy, modify, make derivative works of, distribute, sublicense, resell, or otherwise use the Software or Service Data other than as expressly permitted above without the express written consent of Molex. Without limiting the generality of the foregoing, Company will not, and will not permit any third party to, use the Software or Service Data to develop, operate, or build services or datasets (whether or not aggregated with other data) or otherwise use the Software or to the Service Data with the intent of commercial sale or distribution, or otherwise monetizing access to thereto.
4. Confidentiality
All Service Data accessed or obtained through the Software is deemed the confidential information of Molex. Company will not disclose Service Data to any third party without the prior written consent of Molex, except as required by law. Company will take all reasonable measures to protect the confidentiality of the Service Data.
5. Limitation of Liability
To the extent permitted by applicable law, in no event will (a) Molex will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or use, and (b) the cumulative liability of Molex be in excess of $500.00, whether arising under warranty/guarantee, contract, negligence, strict liability, indemnification, defense or any other cause or combination of causes whatsoever, arising out of or in connection with the use or inability to use the Software or Service Data.
6. Disclaimer of Warranties
Molex warrants solely that it has the right to provide access to the API and Service Data to Company. Except for the foregoing, the API and all Service Data are provided “as is” and “as available,” without any other warranties of any kind, whether express, implied, statutory, or otherwise. Molex expressly disclaims all implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose
7. Term and Termination
These Terms remain in effect until terminated by either Party. Molex may terminate access to the Software at any time for breach of these Terms, including unauthorized use or disclosure of Service Data. Upon termination, Company will immediately cease all use of the Software and Service Data and destroy any copies in its possession.
8. General
These Terms constitute the entire agreement between the Parties regarding use of the Software. No waiver of any provision is effective unless in writing and signed by both Parties. If any provision is held invalid, the remaining provisions will remain in effect. These Terms are governed by the laws of New York, NY, and any disputes shall be subject to the exclusive jurisdiction of the courts of New York, NY located in the borough of Manhattan in NY.