API Terms - Aderant

Aderant APIs Terms of Use

Version: 11 September 2020

Thank you for using the Aderant Expert APIs, other developer services, and associated software (collectively, “APIs”). By accessing or using the APIs provided by Aderant North America, Inc. (“Aderant”), you are agreeing to the terms below. If there is a conflict between these terms and additional terms applicable to a given API, such as those set forth in a separate license agreement with Aderant, the additional terms will control for that conflict. Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the “Terms.” You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use the APIs as an interface to, or in conjunction with other Aderant products or services, then the terms for those other products or services also apply.

Under the Terms, “Aderant” means Aderant North America, Inc., with offices located at 1760 Summit Lake Drive, Suite 105, Tallahassee, Florida 32317, United States, unless set forth otherwise in additional terms applicable for a given API or in a separate license agreement with another Aderant entity, in which case these Terms shall also apply. We may refer to “Aderant” as “we”, “our”, or “us” in the Terms.

Section 1: Account

a. Accepting the Terms

You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with Aderant, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs.

b. Entity Level Acceptance

If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).

c. Registration

In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. If so required, any registration information you give to Aderant will always be accurate and up to date and you’ll inform us promptly of any updates.

d. Subsidiaries and Affiliates

Aderant has subsidiaries and affiliated legal entities located in the United Kingdom, the Netherlands, New Zealand and Australia. These companies may provide the APIs to you on behalf of Aderant and the Terms will also govern your relationship with these companies.

Section 2: Using Our APIs

a. Your End Users

You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.

b. Compliance with Law, Third Party Rights, and Other Aderant Terms of Use

You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of use with Aderant (or its affiliates).

c. Permitted Access

You will only access (or attempt to access) an API by the means described in the documentation of that API. If Aderant assigns you developer credentials (e.g. client IDs), you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client’s identity when using the APIs or developer accounts.

d. API Limitations

Aderant may set and enforce limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in its discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain Aderant’s express consent (and Aderant may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant Aderant API team for information.

e. Open Source Software

Some of the software required by or included in our APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain APIs, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Aderant for the applicable open source software.

f. Communication with Aderant

Aderant may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication.

g. Feedback

If you provide feedback or suggestions about our APIs, then Aderant (and those allowed by Aderant) may use such information without obligation to you.

h. Non-Exclusivity

The Terms are non-exclusive. You acknowledge that Aderant may develop products or services that may compete with the API Clients or any other products or services.

Section 3: Your API Clients

a. API Clients and Monitoring

The APIs are designed to help you enhance your websites and applications (“API Client(s)”). YOU AGREE THAT ADERANT MAY MONITOR USE OF THE APIs TO ENSURE QUALITY, IMPROVE ADERANT PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Aderant accessing and using your API Client, for example to identify security issues that could affect Aderant or its users. You will not interfere with this monitoring. Aderant may use any technical means to overcome such interference. Aderant may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.

b. Security

You will use commercially reasonable efforts to protect user information collected by your API Client, including personally identifiable information (“PII”), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.

c. Ownership

Aderant does not acquire ownership in your API Clients, and by using Aderant’s APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.

d. User Privacy and API Clients

You will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information (including for advertising) with Aderant and third parties.

Section 4: Prohibitions and Confidentiality

a. API Prohibitions

When using the APIs, you may not (or allow those acting on your behalf to):

  1. Sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
  2. Perform an action with the intent of introducing to Aderant products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
  3. Defame, abuse, harass, stalk, or threaten others.
  4. Interfere with or disrupt the APIs or the servers or networks providing the APIs.
  5. Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
  6. Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
  7. Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
  8. Use the APIs to process or store any data that is subject to the International Traffic in Arms Regulations (“ITAR”) maintained by the U.S. Department of State.
  9. Remove, obscure, or alter any Aderant terms of service or any links to or notices of those terms.

Unless otherwise specified in writing by Aderant, Aderant does not intend use of the APIs to create obligations under the Health Insurance Portability and Accountability Act, as amended (“HIPAA”), and makes no representations that the APIs satisfy HIPAA requirements. If you are (or become) a “covered entity” or “business associate” as defined in HIPAA, you will not use the APIs for any purpose or in any manner involving transmitting protected health information to Aderant unless you have received prior written consent to such use from Aderant.

  1. Confidential Matters
  2. Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.
  3. Our communications to you and our APIs may contain Aderant confidential information. Aderant confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Aderant’s prior written consent. Aderant confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Aderant confidential information when compelled to do so by law if you provide Aderant reasonable prior notice, unless a court orders that we not receive notice.

Section 5: Content

a. Content Accessible Through our APIs

Aderant APIs may contain some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. Aderant may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or altered in accordance with applicable law, regulation, and policy.

b. Submission of Content

Some of our APIs allow the submission of content. Aderant does not acquire any ownership of any intellectual property rights in the content that you submit to our APIs through your API Client, except as expressly provided in the Terms. For the sole purpose of enabling Aderant to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable Aderant privacy policies, you give Aderant a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the APIs through your API Client. “Use” means use, host, store, modify, communicate, and/or publish. Before you submit content to our APIs through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.

c. Retrieval of Content

When a user’s non-public content is obtained through the APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.

d. Data Portability

Aderant supports data portability. For as long as you use or store any user data that you obtained through the APIs, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that’s substantially as fast and easy as exporting such data from Aderant products and services, subject to applicable laws, and you agree that you will not make that data available to third parties who do not also abide by this obligation.

e. Prohibitions on Content

Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the APIs:

  1. Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
  2. Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
  3. Misrepresent the source or ownership; or
  4. Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

Section 6: Brand Features; Attribution; Publicity

a. Brand Features

“Brand Features” is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party’s Brand Features. All use by you of Aderant’s Brand Features (including any goodwill associated therewith) will inure to the benefit of Aderant.

b. Attribution

You agree to display any attribution(s) required by Aderant as described in the documentation for the API. Aderant hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display Aderant’s Brand Features for the purpose of promoting or advertising that you use the APIs. You must only use the Aderant Brand Features with Aderant’s consent and in accordance with Aderant’s guidelines for such use, which may be provided to you on request. You understand and agree that Aderant has the sole discretion to determine whether your attribution(s) and use of Aderant’s Brand Features are in accordance with its requirements and guidelines.

c. Publicity

You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by Aderant without Aderant’s prior written approval.

d. Promotional and Marketing Use

In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Aderant products, Aderant may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant Aderant all necessary rights for the above purposes.

Section 7: Privacy

By using Aderant APIs, Aderant may use submitted information in accordance with our privacy policies which may be accessed on our privacy page.

Section 8: Termination

a. Termination

You may stop using Aderant APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Aderant with prior written notice and upon termination, cease your use of the applicable APIs. Aderant reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

b. Your Obligations Post-Termination

Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the Aderant Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. Aderant may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.

c. Surviving Provisions

When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4b, 5, 8, 9, and 10.

Section 9: Liability for our APIs

a. WARRANTIES

EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER ADERANT NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, ADERANT EXCLUDES ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

b. LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, ADERANT, AND ADERANT’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ADERANT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM

UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID ADERANT TO USE THE APPLICABLE APIS DURING THE ONE (1) YEAR PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. IN ALL CASES, ADERANT, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

c. Indemnification

Unless prohibited by applicable law, if you are a business, you will defend and indemnify Aderant, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

  1. your misuse or your end user’s misuse of the APIs;
  2. your violation or your end user’s violation of the Terms; or
  3. any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.

Section 10: General Provisions

a. Modification

We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. You should look at the Terms regularly. We’ll post notice of modifications to the Terms within the documentation of each applicable API, to this access portal, and/or in the Aderant developers console. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. However, changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.

b. General Legal Terms

We each agree to contract in the English language and the Terms in English will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party’s ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Aderant does not take action right away, this does not mean that Aderant is waiving any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. Except as provided in the first paragraph of the Terms, with respect to your license of other Aderant products, the Terms are the entire agreement between you and Aderant relating to its subject and supersede any prior or contemporaneous agreements on this subject.

Except as set forth below: (i) the laws of the State of Florida, U.S.A. will apply to any disputes arising out of or related to the Terms or the APIs and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF LEON COUNTY, FLORIDA, USA, AND YOU AND ADERANT CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

If you are accepting the Terms on behalf of an entity located outside of North America, the laws of the applicable entity governing your relationship with Aderant shall apply pursuant to separate agreement(s) you have in place with Aderant affiliates located in the United Kingdom, the Netherlands, New Zealand and Australia,

Questions regarding the Terms may be addressed to: [email protected].

1 ADERANT is a registered trademark of Aderant Holdings, Inc.