Last Update: 7 October 2014
I. Welcome to the Pearson Developers Network
We're excited that you've chosen to develop on a Pearson service. We created our Pearson Developers Network (the "PDN") to assist developers in creating interesting new applications using APIs services (the "APIs").
To use the PDN, you must first sign up for a Developer Account. The Developer Account must contain accurate and up-to-date information at all times, including your current title, company, and e-mail address.
II. APIs and Pearson Materials
You will not attempt or encourage others to:
A. sell, rent, lease, sublicense, redistribute, or syndicate access to the APIs, PDN or Pearson Materials to any third party without prior written approval from Pearson.
B. remove or alter any proprietary notices or marks on the APIs, PDN or Pearson Materials.
C. use or access the APIs for purposes of monitoring the availability, performance, or functionality of any of Pearson's products and services or for any other benchmarking or competitive purposes.
D. use Pearson marks in any manner without the prior written permission of Pearson or in a manner that creates a sense of endorsement, sponsorship, or false association with Pearson. You may not use Pearson marks as part of the name of your company or Service, or in any product, service, name field or logos created by you. All use of Pearson marks, and all goodwill arising out of such use, will inure to Pearson's benefit.
E. try to exceed or circumvent your limitations on calls and use. This includes creating multiple applications for identical, or largely similar, usage (e.g. having one application per customer). If we believe that you have exceeded or circumvented our limitations, or if you have tried to, we may temporarily suspend or permanently block your access to the APIs, disable your Developer Account, or both.
F. interfere with or disrupt Pearson services or servers or networks connected to Pearson services, or disobey any requirements, procedures, policies or regulations of networks connected to Pearson services.
IV. Ownership and Feedback
You have no obligation to give us any suggestions, comments or other feedback ("Feedback") relating to the Pearson Materials. However, we may use and include any Feedback that you voluntarily provide to improve the Pearson Materials and/or any other of our products, services, or technologies. Accordingly, if you give Feedback, you agree that we may freely use, reproduce, license, and distribute such Feedback. You also agree not to provide Feedback that you know is subject to any intellectual property claim by a third party or any license terms that would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
VII. Representations and Warranties; Disclaimer
You represent and warrant that:
A. you have the necessary power and authority to enter into this agreement, and that the performance of your obligations will not constitute a breach or otherwise violate any other agreement or the rights of any third party arising therefrom;
B. you will maintain throughout the term of this agreement all rights and licenses that are required with respect to your Service; and
THE PEARSON MATERIALS, APIS, AND ANY OTHER PEARSON PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND ON AN "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. PEARSON DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PEARSON DOES NOT WARRANT THAT THE PEARSON MATERIALS AND APIS AND ANY OTHER PEARSON PRODUCTS AND SERVICES PROVIDED HEREUNDER WILL MEET ALL OF YOUR REQUIREMENTS OR THAT USE OF SUCH PEARSON MATERIALS AND APIS BE ERROR-FREE UNINTERRUPTED, VIRUS-FREE, OR SECURE. SOME OF THE PEARSON MATERIALS ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. WE DO NOT REPRESENT, WARRANT OR MAKE ANY CONDITION THAT THE PEARSON MATERIALS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. YOUR USE OF THE PEARSON MATERIALS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USE OF THE PEARSON MATERIALS INCLUDING FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
VIII. Limitation of Liability
IN NO EVENT WILL PEARSON BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN ANY CASE, PEARSON'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE APIS IN THE LAST YEAR.
You will indemnify, defend, and hold Pearson, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (a) any act or omission by you, in connection with your use of the Pearson Materials, the APIs, or the Pearson Marks; (b) your use of the Pearson Materials, the APIs, or the Pearson Marks other than as expressly allowed by this agreement; (c) your breach or alleged breach of any of the terms, restrictions, obligations or representations under this agreement; or (d) your Application. You will assume control of the defense and settlement of any claim subject to indemnification by you. Pearson may, however, at any time elect to take over control of the defense and settlement of any such claim, at your cost and expense (including reasonable attorneys' fees). In any event, you will not settle any such claim without Pearson's prior written consent.