API Terms of Use

 IEEE Xplore® API TERMS OF USE  

 

BY INTERACTING IN ANY WAY WITH  THE IEEE XPLORE API, INCLUDING, BUT NOT LIMITED TO REQUESTING USER CREDENTIALS OR MAKING API CALLS, YOU OR THE ENTITY YOU REPRESENT (“YOU” and/or “LICENSEE”) CONSENT AND AGREE TO BE BOUND BY THE BELOW TERMS AND CONDITIONS (“TERMS”).

Grant of License. Subject to your ("Licensee's") compliance with all the terms and conditions herein, the Institute of Electrical and Electronics Engineers (“IEEE”) grants Licensee a revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, limited license to (i) access the IEEE Xplore application programming interface(s) (API)s and other materials provided by IEEE (collectively, "APIs"), (ii) to develop applications that utilize the APIs in order to query and access IEEE Xplore metadata and Open Access Content (collectively, “IEEE Xplore Content”), and (iii) display the Content.  The foregoing activities may only be conducted for the following permitted purposes: non-commercial educational, research, or scientific activities within Licensee’s institution (the “License”).

  1. Reservation of Rights. All rights not expressly granted in these Terms are reserved by IEEE.
  2. Proprietary Rights. As between IEEE and Licensee, the APIs and all intellectual property rights in and to the APIs are and shall at all times remain the sole and exclusive property of IEEE and are protected by applicable intellectual property laws and treaties.
  3. General Restrictions. The License is subject to your compliance with the following general restrictions:

(a)   you may not use the APIs for any purpose other than those set forth in these Terms without IEEE’s prior written approval;

(b)   you shall not submit any false or misleading information in your application to access and use the APIs and/or IEEE Xplore Content;

(c)   any application you develop utilizing the APIs shall be designed to access and use the Content only as allowed by these Terms;

(d)   except as otherwise expressly provided by IEEE, you shall not access or attempt to access the Content other than through the APIs;

(e)   you shall not falsify or alter your API Key (defined below) or any other unique identifier in, or assigned to, your application, or otherwise obscure or alter the source of queries coming from your application;

(f)    if requested by  IEEE, you shall provide instructions on how IEEE can access any application you have developed utilizing the APIs and the Content;

(g) if you implement any applications utilizing the APIs on a restricted website, you shall provide IEEE with a username and password that will allow IEEE to access said website and use the application;

(h)  you shall not reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the APIs or the Content, other than as provided in these Terms;

(i)  you shall not violate or attempt to violate the security of the APIs or the Content (e.g., accessing a server or account you do not have authorization for; attempting to test, scan, probe, or hack the vulnerability of the APIs or any network used by the APIs; attempting to circumvent any authentication measures; overload, flooding, or pinging the APIs);

(j) you shall not transmit or otherwise make available any material that contains a software virus or any other computer code, files, or programs designed to: (i) interrupt, destroy, or limit the functionality of any equipment (including software and hardware), or (ii) spy on the activities of others;

(k)  you shall not use the APIs or the Content in a manner that, in IEEE’s discretion, exceeds specified call/query volumes, constitutes abusive or excessive use, or otherwise fails to comply with or is inconsistent with these Terms;

(l) you shall not use the APIs or the Content in any manner that exposes IEEE  to any harm or liability of any nature;

(m)  you shall not make any representations or warranties about the APIs or the Content to any third party;

(n)   you shall not use the APIs in connection with or to promote any products or services for anyone other than Licensee and its employees, faculty members, currently enrolled students, staff members, researchers, contractors and authorized users;

(o)   you shall not use the APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email ("spam"), multi-level marketing proposals, hate materials, hacking/surveillance/interception/descrambling equipment, libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, gambling, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, weapons and accessories;

(p)   you shall not use the APIs or the Content in violation of any federal, state, or local law, rule or regulation, whether now existing or enacted in the future, or in any manner that would cause IEEE to violate any such laws, rules, or regulations.

       4. Content-Related Restrictions. The License is subject to your compliance with the following restrictions regarding the Content:

(a)  you may only present the Content in response to an individual query; you may not present the Content in bulk format;

(b)  unless otherwise expressly authorized by IEEE, you shall not retain or store any Content for any reason once the License or these Terms are terminated;

(c)  you shall not use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Content, or permit any third party to do the same; and

(d)  you shall not present the Content so that it appears to be derived from a third-party website;

(e)  you shall not distribute the Content in a form that is harvestable by humans or machines;

(f)   you shall require all users accessing the Content through the APIs to agree not to retain or store the Content in bulk format, not to use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Content.

         5. Technical Restrictions.  Your use of the APIs and the Content is limited to the number of calls per minute, hour, day, etc. set forth on the Rate Limits displayed during the user registration process. You will not attempt to circumvent any technical measures IEEE may put in place to enforce the Rate Limits. IEEE reserves the right to change the Rate Limits at any time in its sole discretion.

  1. API Key. To gain access to one or more IEEE Xplore APIs, you must request and obtain a user account by registering at https://developer.ieee.org and agreeing to the Terms of Service and Privacy Policy. You may then complete and submit the IEEE Xplore API Registration form available at https://developer.ieee.org  IEEE will review your application and, if approved, will assign one or more unique API keys (“API Key”). The API Key enables you or your application to access and use the API and Content on a non-exclusive basis. All calls to the APIs made by you or your application must include your applicable API Key. You must keep your API Keys confidential and not share them with any third party. You are solely and entirely responsible for all uses of the APIs and the Content occurring under your API Keys.
  2. Other Restrictions. Except as expressly authorized under these Terms, Licensee may not (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify or alter any part of the APIs; (ii) otherwise use the APIs on behalf of any third party. 
  3. Trademarks.  These Terms do not include any right for Licensee to use any trademark, service mark, trade name or any other mark (“Marks”) of IEEE or any other party or licensor. No rights or licenses are granted except as expressly and unambiguously set forth herein.  IEEE reserves the right to require that its Marks be used in connection with the APIs and/or the Content.
  4. Linking.  IEEE reserves the right to require that any display of the Content to end users include a link to access the Content from IEEE Xplore or another IEEE specified website.
  5. Modifications to these Terms.  IEEE reserves the right, in its sole discretion to modify these Terms at any time by posting a notice to https://developer.ieee.org. You shall be responsible for reviewing and being familiar with any such modification. Such modifications are effective upon first posting or notification. Use of the IEEE Xplore APIs following any such notification constitutes Licensee’s acceptance of these Terms as modified.
  6. Support.  These Terms do not entitle Licensee to any support for the APIs.
  7. Term and Termination. These Terms shall become effective on the date upon which your API Key is issued and shall remain in effect for so long as you access or use the APIs or the Content, or until otherwise terminated in accordance with the provisions set forth herein.  IEEE may suspend, or terminate all or any aspect of the APIs and the Content and/or your access to and use of the APIs and the Content, at any time for any reason. You may terminate these Terms, at any time for any reason, by ceasing to use the APIs and the Content, removing the implementation of the APIs from your application(s). In the event of termination of the APIs, the Content or these Terms, your access and use of the APIs and the Content, and the License granted herein shall immediately terminate and you shall remove the APIs from your application and the Content from your system.
  8. Representations.  You represent and warrant to IEEE that:

(a) you are authorized to accept these Terms of Use in your individual capacity or on behalf of the entity you represent;

(b) acceptance of these Terms of Use and the License granted herein shall not violate any outstanding obligation you have to any third party;

(c) you shall use the APIs and the Content strictly in accordance with the limitations set forth in these Terms; and

(d) you have provided accurate registration information.

  1. Warranty Disclaimer. THE APIs ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANY USE OF THE APIs IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IEEE AND ITS AFFILIATES, THIRD PARTY SERVICES OR DATA PROVIDERS, LICENSORS AND DISTRIBUTORS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APIs, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES OR CONDITIONS WITH REGARD TO PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SECURITY, ACCURACY, RESULTS OF USE, RELIABILITY, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IEEE AND ITS REPRESENTATIVES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE API(s) WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE API(s) WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE API(s) ARE  COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PARTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  2. Limitation of Liability. IN NO EVENT WILL IEEE OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PARTY FOR (i) CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, OTHER ECONOMIC OR COMMERCIAL LOSS UNDER ANY LEGAL THEORY, EVEN IF IEEE OR ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) FOR ANY CLAIM BY ANY OTHER PARTY. YOU ACKNOWLEDGE AND AGREE THAT YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APIs. WITHOUT ANY LIMITATION TO THE FOREGOING, THE ENTIRE LIABILITY OF IEEE, INCLUDING ITS REPRESENTATIVES, SUBSIDIARIES AND AFFILIATES, RELATING TO THESE TERMS OF USE AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO LICENSE FEES PAID BY YOU FOR USE OF THE APIs, IF ANY. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMER SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  3. Indemnification. Licensee shall, at its expense, defend, indemnify and hold harmless IEEE and its representatives from any and all losses, liabilities, or damages (including attorneys’ fees and costs) resulting from any and all claims, causes of action, suits, proceedings, or demands against such companies arising from or related to Licensee’s use of the APIs and Content.
  4. Confidentiality.  You shall not reveal to third parties, any material non-public information learned by you in the course of utilizing the APIs and the Content.
  5. Government Use. If Licensee is part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the APIs are restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The APIs are a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the APIs by the Government shall be governed solely by these Terms.
  6. Export Controls. Licensee shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and Licensee shall not export, or allow the export or re-export of the APIs in violation of any such restrictions, laws or regulations. By downloading or using one or more APIs, Licensee agrees to the foregoing and represents and warrants that Licensee is not located in, under the control of, or a national or resident of any restricted country.
  7. Waiver. IEEE shall not be deemed, by any act or omission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by IEEE, and then only to the extent specifically set forth in such writing. A waiver with reference to a particular event shall not be construed as a continuing waiver of any right or remedy as to a subsequent event.
  8. Limitations Period. Except as otherwise prohibited by law, any claim or cause of action brought by you against IEEE and arising out of or related to use of an IEEE Xplore API or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  9. Force Majeure.  IEEE will not be deemed to be in default of or to have breached any provision of these Terms as a result of any delay, failure in performance or interruption of the APIs or the Content, resulting directly or indirectly from acts of nature, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond each party’s reasonable control.
  10. Independent Contractors.  You and IEEE are independent contractors under these Terms, and nothing herein will be construed to create a partnership, joint venture, franchise or agency relationship between IEEE and you. Neither party has any authority to enter into an agreement of any kind on behalf of the other party.
  11. No Third Party Beneficiaries.  No other person shall have any rights, interest or claims hereunder or be entitled to any benefits under or on account of these Terms as a third-party beneficiary or otherwise.
  12. Assignment.  You may not assign, delegate, or transfer the rights and obligations under these Terms to any third party (including but not limited to a successor-in-interest, or pursuant to a sale, merger, or other corporate transaction) without the express prior written consent of IEEE, and any purported assignment in violation of this provision shall be null and void ab initio. You acknowledge that IEEE may assign any rights or obligations under these Terms without your consent. All the terms, provisions, and conditions of these Terms shall inure to the benefit of and shall be enforceable by the parties hereto and their respective successors and assigns.
  13. General Provisions. These Terms shall be governed in all respects by the laws of the State of New York in the United States of America, excluding its conflicts of laws provisions. The state or federal courts in New York County, New York shall have exclusive jurisdiction and venue over all disputes between the parties arising out of these Terms, and you hereby irrevocably waive any objection to the jurisdiction of such courts over any such dispute, claim or controversy. In the event of any invalidity of any provision of these Terms, the parties agree that such invalidity shall not affect the validity of the remaining portions of the Terms, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision. These Terms supersede any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. Section headings in these Terms are for convenience only and have no legal or contractual effect.