2. Your Responsibilities.
(b) You must obtain a security key (“API Key”) through a registration process communicated by Dott, to use and access the API. You may not share the API Key with any third party (including by embedding the API Key in open source projects), must keep the API Key and all log-in information secure, and must use the API Key as your sole means of accessing the API. The API Key may be revoked at any time by Dott.
(d) You will use commercially reasonable efforts to safeguard the API and Dott Marks (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. You will promptly notify Dott if you become aware of any infringement of any intellectual property rights in the API or Dott Marks and will fully cooperate with Dott, in any legal action taken by Dott to enforce Dott’s intellectual property rights.
3. No Support/Support; Updates.
4. No Fee/Fees and Payment.
The data provided to you via the API shall not include any Personal Data (as defined in the General Data Protection Regulation 2016/679). Should the Parties determine that any access to Personal Data is provided via the API, you agree that you will conclude a data processing agreement with Dott in the form and manner prescribed by Dott.
7. Intellectual Property Ownership; Feedback. You acknowledges that, as between you and Dott, (a) Dott owns all right, title, and interest, including all intellectual property rights, in and to the API, and the Dott Products, and the Dott Marks, and (b) you owns all right, title, and interest, including all intellectual property rights, in and to the Applications, excluding the aforementioned rights in Section 7(a). If you or any of your employees, contractors, and agents sends or transmits any communications or materials to Dott by mail, email, telephone, or otherwise, suggesting or recommending changes to the API, and the Dott Products, or the Dott Marks, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (”Feedback”), all such Feedback is and will be treated as non-confidential. You hereby assigns to Dott on your behalf, and on behalf of your employees, contractors, and agents, all right, title, and interest in, and Dott is free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Dott is not required to use any Feedback.
8. Disclaimer of Warranties. THE API AND DOTT MARKS ARE PROVIDED “AS IS” AND DOTT SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DOTT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DOTT MAKES NO WARRANTY OF ANY KIND THAT THE API OR DOTT MARKS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
10. Limitations of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DOTT BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR (a) ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API; OR (b) ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF FIFTY EUROS WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN 1 MONTH AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.
11. Term and Termination.