Please carefully read the following Terms and Conditions before registering for and using the IDrive EVS Service.
1. Developing on EVS
(a) Any EVS API application developed using the Developer Platform must comply with Pro Softnet Corporation’s policies and requirements set forth on the EVS Developer websites or other documentation provided by us, which may be modified from time to time. We reserve the right to deny requests to Develop on EVS and may revoke access to the Developer Platform if we believe you are in violation of these Developer Terms or if we believe your application may negatively affect the Developer Platform.
(b) We may sometimes review the Developer Platform (including how our services are being accessed and used), but you acknowledge that we have no obligation to do so. We are not responsible for files, user posts on our forums or elsewhere, or any other information accessible through the Developer Platform.
(c) We may limit the number of calls accepted by the API if we believe that the number of calls to the EVS API may negatively impact the EVS API or IDrive services.
(d) Our Developer Platform is a work in progress. It will continue to change over time as we refine and add more features based on the needs of our users and developers. You may develop EVS API applications, web sites, software or other online services or technology using the Developer Platform. You acknowledge that we may change, deprecate or republish EVS APIs for any service or feature of a service from time to time. It is important to note that the functionality or feature is time-dependent and represents the functionality as of now. It is possible that the earlier versions do not support the highlighted functionality as described above. It is your responsibility to ensure that you download the most recent version for better reliability, compatibility and performance.
(e) You are fully responsible for any dealings with (a) the platforms and operating systems on which your EVS API application is distributed and used, and (b) the users of your EVS API application. We have no obligation to provide support to users for your EVS API application. Unless you have written permission to do so from Pro Softnet, you must not state or imply any endorsement by Pro Softnet of your EVS API application, or other products or services, and must not make any representations about your EVS API application, or Pro Softnet’s products or services that are in any way false or misleading. 2. Conditions of Use
By Developing on EVS, you agree that you are solely responsible for your EVS API applications and/or services. You and your EVS API application must not and must not attempt to:
(a) violate, or encourage or facilitate the violation of, any aspect of our Acceptable Use Policy;
(b) mislead, confuse, or surprise users. Your EVS API application should be transparent with users about what it does. For example, it should not (i) modify a user’s account settings, data or device, (ii) store or share a user’s content, or (iii) attempt to gain any rights to user content, without open and express consent from the user;
(c) sell digital content to others; EVS is not a media for dissemination of digital content for commercial purposes and we may use procedures, which may vary from time to time, to detect unacceptable levels of usage and may immediately disable offending accounts based on detected misuse;
(d) access or attempt to access our services by any means other than the Developer Platform; or
(e) collect and/or misappropriate user information (e.g., usernames, passwords or other login information). 3. Use of IP Addresses
IDrive EVS may collect IP addresses for the purposes of system administration and/or to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our policies or terms of service or to protect our service, site, customers, or others. Some services and emails sent from IDrive EVS, such as registration related ones, may display IP addresses along with the message. 4. Privacy
If you collect any personally identifiable information via your EVS API application, you must ensure that it is collected, processed, transmitted, maintained and used in compliance with all applicable laws and a privacy policy must be posted or otherwise be made available to users of your EVS API application. You will provide a legally adequate privacy notice and protection for the users of your EVS API applications and your services must comply with the terms and conditions of your privacy policy, employ reasonable measures to protect personally identifiable information, and incorporate our privacy policy into your product or service’s privacy policy. 5. Encryption Passphrase System
IDrive EVS provides encryption of data with a default key* or with a private key defined by the user. IDrive EVS personnel do not have access to user defined keys as they are not stored on the IDrive EVS servers. Any data backed up using IDrive EVS can only be retrieved using this key and if a user forgets or misplace his or her user defined key then the account data may not be retrievable. IDrive EVS is NOT responsible for loss of data arising as a result of such cases. The private key based encryption process encrypts the data contained within the file and not the file-name itself.
* The default option is to have the system choose the key for encryption on storage for ease of use. This will not provide the data security as outlined above. While the data is still encrypted, a user’s data may still be retrievable by IDrive EVS personnel.
Note: For REST APIs, IDrive EVS supports server side private key based AES 256-bit encryption with SSL on data transmission. 6. Licenses and Restrictions
(a) We hereby grant you a limited, non-exclusive, non-transferable, fully revocable license to use the IDrive EVS Developer Platform, content, files, sample code and Services subject to the restrictions set forth in these Terms and Conditions.
We also encourage you to incorporate IDrive trademarks, service marks, trade names, logos, and/or badges such as “Powered by IDrive” (collectively, IDrive Marks). You agree and acknowledge that except for the limited license above these Developer Terms do not grant you any rights to the IDrive Marks and that all goodwill generated through use of such marks benefits Pro Softnet. If you use any IDrive Marks, you will at no time contest or aid in contesting the validity or ownership of those IDrive Marks or Pro Softnet's rights in them, including, but not limited to, applying to register any trademark, trade name or other designation that is confusingly similar to those IDrive Marks.
(b) You grant to Pro Softnet a non-exclusive, non-transferable license (while you continue to support an EVS API application), to use your Marks and descriptive materials you publish about your EVS API application solely in connection with the promotion of IDrive services accessible through your EVS API application, and to acknowledge or promote your EVS API application. Any use must be in accordance with applicable law and consistent with your trademark usage guidelines (except to the extent they require further permission for the uses described above). We agree and acknowledge that except for the limited license above these Developer Terms do not grant Pro Softnet any rights to your Marks and that all goodwill generated through use of such marks benefits you. 7. IDrive EVS Property and Your Feedback
All right, title, and interest in and to the IDrive EVS Developer Platform, site, content, and services are and will remain the exclusive property of Pro Softnet Corporation, including all Intellectual Property Rights therein, even if IDrive EVS incorporates any of your Feedback (as defined below) into subsequent versions. The IDrive EVS application, APIs, content, and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Developers Terms, you may not reproduce, modify or prepare derivative works based upon the Developer Platform, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the IDrive EVS application, APIs, content, or services.
The IDrive EVS Properties may include, without limitation: (i) command line and REST (“APIs”), (ii) utility tools for use in connection with the APIs, (iii) articles and documentation for use in connection with the use and implementation of the APIs, and (iv) textual materials and sample source code which we may make available from time to time for use in connection with the Services.
All feedback, comments, and suggestions for improvements (the "Feedback") that you provide in connection with the Developer Platform, in any form, and any contributions you make to the Developer Platform by posting content and communicating with other IDrive EVS users may, at our discretion and for any purpose, be used or incorporated into our product or licenses without obligation to you. You hereby irrevocably transfer and assign, and agree to irrevocably transfer and assign to us all of your right, title, and interest in and to all of your Feedback. 8. Representations and Warranties
You represent and warrant that: (i) all information you have provided and will provide to Pro Softnet is true, accurate, and complete; (ii) you have not previously had an IDrive account which has been terminated by IDrive (or have made us aware of that in connection with your current application); (iii) you have the full right, power and authority to make, distribute, operate, support, and promote your IDrive EVS application and to enter into these Developer Terms; and (iv) your IDrive EVS application and their contemplated uses will not violate the intellectual property rights or other rights of others or violate any laws. 9. Disclaimer of Warranties
YOUR USE OF IDRIVE EVS, THE DEVELOPER PLATFORM, THE EVS SERVICES AND ANY RELATED MATERIALS IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRO SOFTNET, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT). 10. Limitations of Liability
IN NO EVENT SHALL PRO SOFTNET OR ITS AFFILIATES, AGENTS, ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR (I) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PRO SOFTNET HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES MORE THAN WILL BE LIMITED TO THE GREATER OF $100 OR ANY AMOUNTS PAID BY YOU TO PRO SOFTNET FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. 11. Indemnification
You will defend, indemnify and hold Pro Softnet, our subsidiaries, affiliates, agents, officers, licensor, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (i) any allegation that your EVS API application or the use of it infringes the intellectual property rights of any third party; (ii) your breach of these Developer Terms or any act or omission by you in connection with your use of the Developer Platform; (iii) your EVS API application; (iv) your collection or use of users' information and data. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing. You may not settle any claims that limit our rights without our prior written consent. 12. Third Party Resources / Links
The Service may contain links to third-party websites or resources. You acknowledge and agree that IDrive EVS is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by IDrive EVS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. 13. Term and Termination
Pro Softnet may terminate these Developer Terms at any time or suspend your access to the Developer Platform services: (i) if you breach any provision of these Developer Terms; (ii) if Pro Softnet is required to do so by law; (iii) if Pro Softnet ceases to offer any services covered by these Developer Terms; or (iv) for any other reason with 30 days prior written notice to you (or sooner if you or the EVS API application are flagrantly violating the Developer Terms or are a threat to users or the platform). You may terminate these Developer Terms at your convenience by delivering at least 30 days' prior written notice to Pro Softnet and stopping all use, operation, support, promotion, and distribution of all of your EVS API applications. UPON ANY TERMINATION OR SUSPENSION OF ACCESS, YOU MAY LOSE ACCESS TO ANY CONTENT, MATERIALS OR INFORMATION THAT YOU PROVIDED TO PRO SOFTNET RELATED TO YOUR EVS API APPLICATION. Paragraphs 2, 7, 9, 10, 11, 12, and 16 (and any other provision that can be reasonably construed to survive termination) will survive any termination of these Developer Terms. 14. Severability
These Developer Terms will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of Developer Terms is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect any other provision of the Developer Terms. 15. Modification
The Developer Terms may be changed by Pro Softnet from time to time and the most current version will always be posted on our website located at http://evs.idrive.com. If we think a revision is material we will notify you (e.g., via email). Other changes may be posted to our blog or terms page, so please check those pages regularly. Your continued use of the Developer Platform after such revisions become effective will constitute your acceptance of such changed terms and conditions. If you do not agree to the new terms, please stop using the Developer Platform and cease all use, operation, support, promotion and distribution of your EVS API application. 16. Miscellaneous
THESE TERMS AND THE USE OF THE DEVELOPER PLATFORM, PRO SOFTNET’S SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF LOS ANGELES COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You will commence any claim or cause of action arising under or otherwise occurring by reason of these Developer Terms within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. These Developer Terms create no third party beneficiary rights. You may not assign any of your rights in these Developer Terms, and any such attempt is void, but Pro Softnet may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Pro Softnet and you are not legal partners or agents; instead, our relationship is that of independent contractors. Pro Softnet's failure to insist upon or enforce strict performance of any provision or right of these Developer Terms will not be construed as a waiver of any provision or right. These Developer Terms constitutes the entire and exclusive agreement between you and Pro Softnet with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.
Thank you for developing on Pro Softnet Corporation's (“we”, “us” or “our”) IDrive EVS (“EVS”) platform! By developing, collaborating or distributing an EVS API application (“Developing on EVS”) you or the entity you represent (“you” and “your”) agree to be bound by these EVS API Terms and Conditions (the “Developer Terms”), which govern your access to and use of the EVS API service, any EVS developer webpages, material and/or documentation, and EVS utilities (collectively, the “Developer Platform”). The Developer Platform implements some open source code released under the GNU General Public Licenses (“GPL”). Please carefully read the GPL as well as our Service Level Agreement and Privacy Policy, which are incorporated into these Developer Terms.
If you are Developing on EVS on behalf of an organization, you are agreeing to these Developer Terms for that organization and promising that you have the authority to bind that organization to these Developer Terms. In that case, "you" and "your" will refer to that organization.
If you are Developing on EVS on behalf of an organization, you are agreeing to these Developer Terms for that organization and promising that you have the authority to bind that organization to these Developer Terms. In that case, "you" and "your" will refer to that organization.
- Developing on EVS
- Conditions of Use
- Use of IP Addresses
- Privacy
- Encryption Passphrase System
- Licenses and Restrictions
- IDrive EVS Property and Feedback
- Representations and Warranties
- Disclaimer of Warranties
- Limitations of Liability
- Indemnification
- Third Party Resources / Links
- Term and Termination
- Severability
- Modification
- Miscellaneous
1. Developing on EVS
(a) Any EVS API application developed using the Developer Platform must comply with Pro Softnet Corporation’s policies and requirements set forth on the EVS Developer websites or other documentation provided by us, which may be modified from time to time. We reserve the right to deny requests to Develop on EVS and may revoke access to the Developer Platform if we believe you are in violation of these Developer Terms or if we believe your application may negatively affect the Developer Platform.
(b) We may sometimes review the Developer Platform (including how our services are being accessed and used), but you acknowledge that we have no obligation to do so. We are not responsible for files, user posts on our forums or elsewhere, or any other information accessible through the Developer Platform.
(c) We may limit the number of calls accepted by the API if we believe that the number of calls to the EVS API may negatively impact the EVS API or IDrive services.
(d) Our Developer Platform is a work in progress. It will continue to change over time as we refine and add more features based on the needs of our users and developers. You may develop EVS API applications, web sites, software or other online services or technology using the Developer Platform. You acknowledge that we may change, deprecate or republish EVS APIs for any service or feature of a service from time to time. It is important to note that the functionality or feature is time-dependent and represents the functionality as of now. It is possible that the earlier versions do not support the highlighted functionality as described above. It is your responsibility to ensure that you download the most recent version for better reliability, compatibility and performance.
(e) You are fully responsible for any dealings with (a) the platforms and operating systems on which your EVS API application is distributed and used, and (b) the users of your EVS API application. We have no obligation to provide support to users for your EVS API application. Unless you have written permission to do so from Pro Softnet, you must not state or imply any endorsement by Pro Softnet of your EVS API application, or other products or services, and must not make any representations about your EVS API application, or Pro Softnet’s products or services that are in any way false or misleading. 2. Conditions of Use
By Developing on EVS, you agree that you are solely responsible for your EVS API applications and/or services. You and your EVS API application must not and must not attempt to:
(a) violate, or encourage or facilitate the violation of, any aspect of our Acceptable Use Policy;
(b) mislead, confuse, or surprise users. Your EVS API application should be transparent with users about what it does. For example, it should not (i) modify a user’s account settings, data or device, (ii) store or share a user’s content, or (iii) attempt to gain any rights to user content, without open and express consent from the user;
(c) sell digital content to others; EVS is not a media for dissemination of digital content for commercial purposes and we may use procedures, which may vary from time to time, to detect unacceptable levels of usage and may immediately disable offending accounts based on detected misuse;
(d) access or attempt to access our services by any means other than the Developer Platform; or
(e) collect and/or misappropriate user information (e.g., usernames, passwords or other login information). 3. Use of IP Addresses
IDrive EVS may collect IP addresses for the purposes of system administration and/or to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our policies or terms of service or to protect our service, site, customers, or others. Some services and emails sent from IDrive EVS, such as registration related ones, may display IP addresses along with the message. 4. Privacy
If you collect any personally identifiable information via your EVS API application, you must ensure that it is collected, processed, transmitted, maintained and used in compliance with all applicable laws and a privacy policy must be posted or otherwise be made available to users of your EVS API application. You will provide a legally adequate privacy notice and protection for the users of your EVS API applications and your services must comply with the terms and conditions of your privacy policy, employ reasonable measures to protect personally identifiable information, and incorporate our privacy policy into your product or service’s privacy policy. 5. Encryption Passphrase System
IDrive EVS provides encryption of data with a default key* or with a private key defined by the user. IDrive EVS personnel do not have access to user defined keys as they are not stored on the IDrive EVS servers. Any data backed up using IDrive EVS can only be retrieved using this key and if a user forgets or misplace his or her user defined key then the account data may not be retrievable. IDrive EVS is NOT responsible for loss of data arising as a result of such cases. The private key based encryption process encrypts the data contained within the file and not the file-name itself.
* The default option is to have the system choose the key for encryption on storage for ease of use. This will not provide the data security as outlined above. While the data is still encrypted, a user’s data may still be retrievable by IDrive EVS personnel.
Note: For REST APIs, IDrive EVS supports server side private key based AES 256-bit encryption with SSL on data transmission. 6. Licenses and Restrictions
(a) We hereby grant you a limited, non-exclusive, non-transferable, fully revocable license to use the IDrive EVS Developer Platform, content, files, sample code and Services subject to the restrictions set forth in these Terms and Conditions.
We also encourage you to incorporate IDrive trademarks, service marks, trade names, logos, and/or badges such as “Powered by IDrive” (collectively, IDrive Marks). You agree and acknowledge that except for the limited license above these Developer Terms do not grant you any rights to the IDrive Marks and that all goodwill generated through use of such marks benefits Pro Softnet. If you use any IDrive Marks, you will at no time contest or aid in contesting the validity or ownership of those IDrive Marks or Pro Softnet's rights in them, including, but not limited to, applying to register any trademark, trade name or other designation that is confusingly similar to those IDrive Marks.
(b) You grant to Pro Softnet a non-exclusive, non-transferable license (while you continue to support an EVS API application), to use your Marks and descriptive materials you publish about your EVS API application solely in connection with the promotion of IDrive services accessible through your EVS API application, and to acknowledge or promote your EVS API application. Any use must be in accordance with applicable law and consistent with your trademark usage guidelines (except to the extent they require further permission for the uses described above). We agree and acknowledge that except for the limited license above these Developer Terms do not grant Pro Softnet any rights to your Marks and that all goodwill generated through use of such marks benefits you. 7. IDrive EVS Property and Your Feedback
All right, title, and interest in and to the IDrive EVS Developer Platform, site, content, and services are and will remain the exclusive property of Pro Softnet Corporation, including all Intellectual Property Rights therein, even if IDrive EVS incorporates any of your Feedback (as defined below) into subsequent versions. The IDrive EVS application, APIs, content, and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Developers Terms, you may not reproduce, modify or prepare derivative works based upon the Developer Platform, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the IDrive EVS application, APIs, content, or services.
The IDrive EVS Properties may include, without limitation: (i) command line and REST (“APIs”), (ii) utility tools for use in connection with the APIs, (iii) articles and documentation for use in connection with the use and implementation of the APIs, and (iv) textual materials and sample source code which we may make available from time to time for use in connection with the Services.
All feedback, comments, and suggestions for improvements (the "Feedback") that you provide in connection with the Developer Platform, in any form, and any contributions you make to the Developer Platform by posting content and communicating with other IDrive EVS users may, at our discretion and for any purpose, be used or incorporated into our product or licenses without obligation to you. You hereby irrevocably transfer and assign, and agree to irrevocably transfer and assign to us all of your right, title, and interest in and to all of your Feedback. 8. Representations and Warranties
You represent and warrant that: (i) all information you have provided and will provide to Pro Softnet is true, accurate, and complete; (ii) you have not previously had an IDrive account which has been terminated by IDrive (or have made us aware of that in connection with your current application); (iii) you have the full right, power and authority to make, distribute, operate, support, and promote your IDrive EVS application and to enter into these Developer Terms; and (iv) your IDrive EVS application and their contemplated uses will not violate the intellectual property rights or other rights of others or violate any laws. 9. Disclaimer of Warranties
YOUR USE OF IDRIVE EVS, THE DEVELOPER PLATFORM, THE EVS SERVICES AND ANY RELATED MATERIALS IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRO SOFTNET, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT). 10. Limitations of Liability
IN NO EVENT SHALL PRO SOFTNET OR ITS AFFILIATES, AGENTS, ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR (I) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PRO SOFTNET HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES MORE THAN WILL BE LIMITED TO THE GREATER OF $100 OR ANY AMOUNTS PAID BY YOU TO PRO SOFTNET FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. 11. Indemnification
You will defend, indemnify and hold Pro Softnet, our subsidiaries, affiliates, agents, officers, licensor, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (i) any allegation that your EVS API application or the use of it infringes the intellectual property rights of any third party; (ii) your breach of these Developer Terms or any act or omission by you in connection with your use of the Developer Platform; (iii) your EVS API application; (iv) your collection or use of users' information and data. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing. You may not settle any claims that limit our rights without our prior written consent. 12. Third Party Resources / Links
The Service may contain links to third-party websites or resources. You acknowledge and agree that IDrive EVS is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by IDrive EVS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. 13. Term and Termination
Pro Softnet may terminate these Developer Terms at any time or suspend your access to the Developer Platform services: (i) if you breach any provision of these Developer Terms; (ii) if Pro Softnet is required to do so by law; (iii) if Pro Softnet ceases to offer any services covered by these Developer Terms; or (iv) for any other reason with 30 days prior written notice to you (or sooner if you or the EVS API application are flagrantly violating the Developer Terms or are a threat to users or the platform). You may terminate these Developer Terms at your convenience by delivering at least 30 days' prior written notice to Pro Softnet and stopping all use, operation, support, promotion, and distribution of all of your EVS API applications. UPON ANY TERMINATION OR SUSPENSION OF ACCESS, YOU MAY LOSE ACCESS TO ANY CONTENT, MATERIALS OR INFORMATION THAT YOU PROVIDED TO PRO SOFTNET RELATED TO YOUR EVS API APPLICATION. Paragraphs 2, 7, 9, 10, 11, 12, and 16 (and any other provision that can be reasonably construed to survive termination) will survive any termination of these Developer Terms. 14. Severability
These Developer Terms will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of Developer Terms is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect any other provision of the Developer Terms. 15. Modification
The Developer Terms may be changed by Pro Softnet from time to time and the most current version will always be posted on our website located at http://evs.idrive.com. If we think a revision is material we will notify you (e.g., via email). Other changes may be posted to our blog or terms page, so please check those pages regularly. Your continued use of the Developer Platform after such revisions become effective will constitute your acceptance of such changed terms and conditions. If you do not agree to the new terms, please stop using the Developer Platform and cease all use, operation, support, promotion and distribution of your EVS API application. 16. Miscellaneous
THESE TERMS AND THE USE OF THE DEVELOPER PLATFORM, PRO SOFTNET’S SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF LOS ANGELES COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You will commence any claim or cause of action arising under or otherwise occurring by reason of these Developer Terms within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. These Developer Terms create no third party beneficiary rights. You may not assign any of your rights in these Developer Terms, and any such attempt is void, but Pro Softnet may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Pro Softnet and you are not legal partners or agents; instead, our relationship is that of independent contractors. Pro Softnet's failure to insist upon or enforce strict performance of any provision or right of these Developer Terms will not be construed as a waiver of any provision or right. These Developer Terms constitutes the entire and exclusive agreement between you and Pro Softnet with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.