Terms of Use | Pearson Developers

1. Welcome to Pearson Plug & Play

(a) Pearson ("we" or "us") welcomes you to the Plug and Play Platform (“P&P”), our platform through which you may access our content and data ("Pearson data"). P&P encompasses a number of APIs that require you to register before first use. Set out below are our terms and conditions for use of the P&P and Pearson Platform (the "P&P Terms"). These terms apply whenever you access P&P, on whatever device and by any means.

(b) By applying to register to use P&P you are deemed to have accepted the P&P Terms, as may be updated from time to time, and to have entered into an agreement with us on such terms.

(d) P&P APIs provide the means to integrate with the Pearson data for specified purposes. Please read the individual terms applicable to the API you wish to access to determine the scope of use, including commercial considerations.

2. API types

(a) Our APIs fall into two types: General use; and Application-specific.

(b) Use of all APIs requires you to register and be allocated a key by us.

(c) General use APIs provide access to data without a requirement to register a specific use for the API. The key is registered to you, rather than to a specific application. This is intended to facilitate the testing of multiple applications in parallel, without needing to manage numerous keys.

(d) Application-specific APIs require you to register a specific, proposed or existing application in order to obtain a key. This key must only be used to access APIs in the direct pursuit of developing, or operating, a specific application.

3. Getting Started

(a) You will:

• Apply for a separate API key for each purpose for which you wish to access P&P in line with the type of API as described in point 2 above.

• Provide complete and accurate information at registration.

• Control, and retain control of, your applications that make use of P&P APIs.

(b) You will not:

• Attempt to register with P&P if you have previously been refused access or had access rights cancelled.

• Create, or facilitate the creation of, additional registration accounts or other technology for the purpose of accessing, or facilitating third-party access to P&P APIs without permission.

• Share your API key with any third party.

(c) Your applications, and any of your sites where such applications might be promoted, hosted or accessed, will not: (i) contain material that is illegal, infringing, defamatory, obscene or discriminatory; (ii) promote or incite violence or an illegal activity; and (iii) be capable, in our sole discretion, of interpretation as racist, sexist or homophobic or promoting such views.

4. Access to P&P and Pearson data

(a) You may only access Pearson data via P&P APIs using the API key registered to you.

(b) P&P allows us to measure the type and volumes of requests made using the P&P APIs. This provides us with information about how Pearson data is being used, and allows us to measure interest in certain topics. While the data collected allows us to link this information with you and your applications, we will not collect any personal data relating to your end users.

(c) You may make up to a number of requests for Pearson data per API key per month. Depending on the API, and the usage tier you have selected when applying for your API key, this allowance will expire at the close of each month (on the 2nd of each month) – any used requests may not be carried over nor transferred to any other registrations that you may hold. Please read the individual terms applicable to the API you wish to access to determine the specific requirements. Note that you are responsible for keeping your key secure and ensuring no one other than you has access to P&P through it. We will not be responsible if your allowance is used up as a result of your failure to protect your key.

5. Lifecycle of Pearson data

For data that has been obtained via a call on any of our APIs, you must either replace (by re-requesting) or delete all data you hold (whether or not published via your application or other service) after the period of time specified in the detailed terms of use for that API.

6. Intellectual property (IP)

(a) You own the IP in your applications and your content. Unless otherwise agreed in relation to a specific application, you may not create your application for ownership, commercialisation or exploitation by a third party.

(b) We own the IP in the Pearson data, our APIs and any other materials appearing on our site. You agree not to remove, obscure or alter our copyright notices, trade marks, or other proprietary rights notices affixed to or embedded with the Pearson data or our other materials.

(c) You grant us a non-exclusive, sub-licensable, worldwide, royalty-free licence to publish and feature your P&P-supported applications and your content via P&P once an application is produced.

7. Your Non-Transferable Licence to Use Pearson data

(a) Subject to our acceptance of your registration application, you are hereby granted a non-transferable limited licence to:

• Access, copy, publish, distribute and display Pearson data in electronic form via your application(s) in accordance with the commercial terms set out for each API.

• Make Pearson data available to your application's end users for their personal use only.

• Reproduce our trade marks, logos and branding solely in the form and position provided within the Pearson data, where we ask you to do this.

(b) You will not:

• Edit, adapt, translate or otherwise alter the Pearson data (other than in the case of non-destructive or non-degrading image resizing).

• Distort the meaning or message of the Pearson data by association, implication or juxtaposition.

• Use Pearson data in a manner that could amount to derogatory treatment of its author.

• Present Pearson data in a way that seeks to replicate, or pass off your application as a resource belonging to or endorsed by us.

• Use Pearson data in any printed format.

• Use Pearson data to develop applications for Pearson’s direct competitors in the same market area. We will provide you with guidance on specific examples as required, and within the terms of use specific to each API.

• Position your application with the same look and feel as a Pearson product. We will provide you with guidance on specific examples as required, and agreement on this point will form part of the application-specific process for awarding API access.

(c) This licence is personal to you and your application(s). You may not use the Pearson data in conjunction with any application or service to which an API key has not been registered.

(d) Use of P&P and Pearson data is at your own risk.

8. Your End Users

(a) You may make Pearson data available to end users of your application(s) strictly for their personal and non-commercial use only.

(b) You may not make or give any representations, warranties or other promises in respect of the Pearson data.

(c) You are solely responsible for ensuring that the Pearson data you select for publication is appropriate and lawful, taking into account the location and likely characteristics (including but not limited to age) of your target audience.

(d) You are solely responsible for imposing and enforcing appropriate terms (which at least meet the requirements of 8(a) and 8(b) above) in respect of Pearson data on end users of your application(s).

9. Advertising and Commercial Use

(a) Unless subject to a specific agreement with you, negotiated application-by-application, you may use third party advertising within your application(s), provided that:

• You do not sell advertising space that directly attaches to, or using the goodwill associated with, Pearson data.

• You do not associate Pearson data, directly or indirectly, with advertisements or advertisers that could be regarded by us as illegal infringing, defamatory, obscene or discriminatory, or could promote illegal activities or be capable of interpretation as racist, sexist or homophobic or promoting such views.

• You do not associate Pearson data, directly or indirectly, with advertisements or advertisers regarded by us as directly competitive. We will provide detailed guidance on this on a case-by-case basis.

• You comply with any additional restrictions that we may introduce from time to time as part of the P&P Terms.

(b) Pearson has the right to obtain a share in the revenue generated by such advertising, if requested.

(c) Each product or application produced by you that features any Pearson content or uses the P&P APIs shall feature the legend “Pearson content provided by the Pearson APIs, find out more about other Pearson APIs on the Pearson Developers website, http:// developer.pearson.com” and you shall display this legend in the credit section or terms and conditions (as appropriate) for that applicable product or application.

10. Your Compliance

(a) You will:

• Follow the instructions contained in any legal or other notice that we send you in respect of the Pearson data (which may require you to cease using certain Pearson data). Unless a different period is specified on the face of any notice, you must comply with the instructions within 24 hours of our sending such notice.

• Keep confidential the existence and content of any legal notice sent to you by us (in accordance with the terms stated on the face of such notice).

• Ensure that your use of Pearson data complies with all relevant local laws and take independent legal advice where appropriate.

• Comply with all local advertising codes and regulations.

(b) You must inform us in writing as soon as possible if you receive any complaint or claim by a third party in relation to the Pearson data.

(c) You will not use Pearson data for any unlawful purpose or in any way that infringes or is likely to infringe the rights (including but not limited to intellectual property rights) of any third party.

11. Termination

(a) We may cancel or suspend P&P, or one or all of the API keys issued to you, at any time for any period and without notice.

(b) Your permission to access P&P and to use Pearson data shall terminate automatically on the occurrence of any of the following:

• You commit a breach of the P&P Terms.

• We provide written notice to you of such termination.

(c) Our right to cancel your API key is in addition to any other rights and remedies that we may have under the P&P Terms or as provided by law.

(d) You may terminate the agreement between us by ceasing to access the P&P.

(e) On suspension or termination of your permission to access P&P for any reason (including those in 11(d) above), your Pearson data licence will automatically terminate, and you will immediately cease publication, or other use, of all Pearson data.

(f) On termination of your permission to access P&P for any reason, you will remove immediately all Pearson data from your application(s) or other services and delete any remaining Pearson data in your possession.

12. Our Liability

(a) Your use of, and any reliance on, P&P and Pearson data is at your own risk.

(b) We hereby exclude liability for indirect, special or consequential damages, even if you have previously advised us of the possibility of such damages. In addition, we will not be liable for any loss of revenue, profits, opportunity or data arising in connection with your access to P&P or use of Pearson data.

(c) We hereby exclude liability for the consequences of any inaccuracy, interruptions or errors in the Pearson data or in the availability of P&P. We are not obliged to make any particular Pearson data available to you via P&P or by any other means, other than as negotiated separately with you in relation to a particular application(s).

(d) We will not be liable in any circumstances to your end users of Pearson data.

13. Disclaimer

(a) We are under no obligation to approve your application for registration and may refuse access to P&P to you, or for specific applications that you may propose.

(b) We make no representation that P&P or Pearson data will be available, complete, accurate, uninterrupted, error free or free from viruses or anything else of similar destructive qualities.

(d) Pearson data may contain links to websites provided by independent third parties. We are not responsible for the availability or content of such sites and shall not be responsible for any transaction concerning goods or services available from those sites.

14. Rights

Nothing in the P&P Terms shall operate to transfer to you or create for your benefit any interest (including but not limited to goodwill) in the P&P, Pearson data, our branding or other logos and trade marks included in P&P, which shall remain at all times the property of Pearson, its licensors or third parties.

15. Amendments to the P&P Terms

(a) These P&P Terms may be varied from time to time (including to take account of any additional or special terms required in respect of any third party content included in the Pearson data). Please ensure that you review this page in our Blog regularly as you will be deemed to have accepted a variation if you continue to use P&P after it has been posted.

(b) Any supplemental terms notified to you directly (including but not limited to as part of the supply of Pearson data to you) will, if you continue to use the applicable Pearson data or function, form part of these P&P Terms for the purposes of our agreement with you.

16. General

(a) If Your Details Change:

If your details change following registration you must inform us immediately by emailing api-developer@pearson.com

(b) Your Data

We will collect personal data from you during the registration process, and will use such data for the purposes of performing this agreement. Specifically, we will use your data to provide you with access to P&P, to provide notices to you under the agreement and for general administration of your authorisation to access P&P and the Pearson data. We will pass your personal data to our service providers and partners to the extent necessary for these purposes, which may include transfers overseas including outside the EEA, and for this purpose you hereby give your consent to such transfers.

Parts of the P&P, including the means of accessing the Pearson data, may be powered by, hosted or otherwise managed by third parties. Such third parties may impose their terms of use on you in respect of the P&P area they control. In the event of a conflict between the P&P Terms and those of any third party, these terms shall prevail to the extent that such conflict concerns Pearson data (as opposed to access to it).

(d) Fees

We reserve the right to introduce charges for accessing the P&P and/or Pearson data in the future, in addition to any charges separately negotiated at the level of a specific application. Any such introduction will be notified to you in advance.

(e) Publicity

You agree that we may use your name, logo and URL on P&P, associated publicity for and reporting literature regarding P&P.

(f) Assignment

Except as expressly set out in these terms, you are not permitted to assign, sub-licence, transfer or dispose of the rights licensed under the agreement.

(g) Waiver

The non-exercise of, or delay in exercise, by us of any power, right or remedy provided by this agreement or law shall not operate as a waiver of that power, right or remedy. Similarly, any single or partial exercise by us of a power, right or remedy provided by this agreement or law shall not preclude any other or further exercise of such. A power, right or remedy will only be waived by us if notified to you in writing.

17. Our Values and Brands

You will not use the Pearson data or any aspect of our relationship with you in a manner that could, in our reasonable opinion, cause harm to our goodwill, conflict with our values or which could cause our brand to be brought into disrepute.

18. Governing Law and Jurisdiction

The agreement between us is governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

19. Contact Us:

Please contact us at api-developer@pearson.com if you would like to discuss any aspect of these licence terms, or if you wish to do any of the following:

• Edit or adapt Pearson data

• Receive Pearson data in another language

• Make your own translations of Pearson data

• Increase your quota limit on API key requests

• Syndicate or resell Pearson data

• Base your service entirely around Pearson data

• License Pearson data in bulk for the purpose of building a new application or service

If you need to tell us about a complaint or claim you have received in relation to Pearson data (in accordance with 10(b)), please email us at api-developer@pearson.com.

We'd also love to hear from you about any new products or applications that you have created using P&P. Tell us all about it by email to api-developer@pearson.com and we might be in touch.

Please remember to direct your end users to the P&P Site to set up their own access to, and licence to use, Pearson data.