THIS API SPYDER END USER SOFTWARE-AS-A-SERVICE AGREEMENT GOVERNS YOUR USE OF OUR API SPYDER SERVICES.
CEQUENCE PERMITS YOU TO PURCHASE, ACCESS, AND/OR USE API SPYDER SERVICES ONLY IN ACCORDANCE WITH THE TERMS OF
IF YOU REGISTER FOR A FREE TRIAL OF API SPYDER SERVICES OR OTHERWISE TRIAL, UNLESS OTHERWISE PROVIDED HEREIN.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, USING API SPYDER SERVICES, OR EXECUTING THIS AGREEMENT OR AN ORDER FORM THAT REFERENCES THIS AGREEMENT OR RELATES TO THE SERVICES, YOU
AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY
NOT USE THE SERVICES.
You may not access API Spyder Services or request information from our API Spyder Services if you are a direct competitor of Cequence, except with our prior written consent. In addition, you may not access API Spyder Services for purposes of monitoring their availability, performance, or functionality, or for any other competitive purposes.
This Agreement was last updated as of the date above. It is effective between you and Cequence as of the earlier of: (a) the date you accept this Agreement or (b) the date you first access or otherwise use API Spyder Services.
1.1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
1.2. “Agreement” means this API Spyder End User Software-as-a-Service Agreement.
1.3. “API” means an application programming interface.
1.4. “API Spyder Services” means Cequence’s software-as-a-service that makes its proprietary API Spyder software commercially available as a service offering, together with updates, new releases, and new versions, and any Documentation provided therewith.
1.5. “Applicable Data Privacy Laws” means the data privacy and security laws of the relevant jurisdiction, including but not limited to the European Union’s General Data Protection Regulation 2016/679 (“GDPR”) and the California Consumer Privacy Act (“CCPA”).
1.6. “Basic Support” means, with respect to Purchased Services, i) access to online help within the API Spyder software, ii) access to knowledgebase articles within Cequence’s support portal for API Spyder Services, and (iii) access to assistance from Cequence’s customer success team through one or more support tickets that Customer may create within Cequence’s support portal. For the avoidance of doubt, Cequence does not guarantee support ticket response or resolution times as part of Basic Support and does not commit to provide Basic Support in connection with free trials.