This Licence governs your use of Content in connection with your participation in the Programme.
By accepting the Operating Agreement, or by accessing or using the Content, including the proprietary application programming interfaces and other tools (collectively, the "PA API") that permit you to access and use certain types of data, images, text, and other information and content relating to Products ("Product Advertising Content") which we may make available to you, you agree to be bound by this Licence.
Subject to the terms of the Operating Agreement and solely for the limited purposes of participation in the Amazon EU Associates Programme in strict compliance with the Operating Agreement (including this Licence and the other Operating Documentation), we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free licence to: (a) copy and display Content solely on your Site; (b) use only those of the Amazon Marks (as defined in the Trademark Guidelines) we make available to you as part of the Content, solely on your Site and in accordance with the Trademark Guidelines, and (c) access and use the PA API, Data Feed, and Product Advertising Content solely in accordance with the Specifications and this Licence.
You will use Content solely in accordance with the terms of the Operating Agreement and within the express scope of the licence granted herein. Without limiting the foregoing, you will (a) use Content solely to send end users and sales to an Amazon Site and will not link any Content to, or in conjunction with any Content, direct traffic to any page of a site other than an Amazon Site (however, parts of your Site that are not closely associated with the Content may contain links to sites other than an Amazon Site) and (b) link each use of the Content solely to the related Product detail page or other relevant page of an Amazon Site and not to any other page.
The Licence will immediately and automatically terminate if at any time you do not timely comply with any obligation under the Licence or any other Operational Documentation or, or otherwise upon termination of this Operating Agreement. In addition, we may terminate the Licence in whole or in part upon written notice to you. You will promptly stop using the Content (including the PA API and Data Feed) and promptly remove from your Site and delete or otherwise destroy all of the Content and Amazon Marks with respect to which the Licence is terminated or as we may otherwise request from time to time.
• Data, images, audio, video, logos, user interface designs, and other creative designs; and
• Textual materials, such as textual Product information.
In addition to the foregoing Product Advertising Content and access to the PA API, we may make available from time to time for use in connection with the PA API sample source code and libraries, each of which will be made available to you under a separate licence that accompanies each sample source code or library, as applicable. In connection with the PA API, we may also make available specifications, user manuals, guides, supporting materials, and other information, regardless of format, describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance criteria relevant to the proper use of the PA API (collectively, "Specifications"). "Product Advertising Content," as used in this Licence, specifically excludes any sample source code or libraries we make available to you under a separate licence and any Specifications that we make available. It also specifically excludes any data, images, text, or other information or content relating to products offered on any site other than an Amazon Site.
(b) Obtaining Product Advertising Content. You may obtain Product Advertising Content by making calls to the PA API. If we provide express prior written approval, you may also obtain Product Advertising Content through a data feed ("Data Feed") that we make available via file transfer protocol. To request our approval for access to Product Advertising Content through a Data Feed, contact us via this link. If you obtain Product Advertising Content through a Data Feed, your access to and use of the Data Feed is subject to this Licence. You acknowledge that we may change, deprecate, or republish the PA API or Data Feed, or any features of the PA API or Data Feed, at any time and from time to time, and you agree that it is your responsibility to ensure that your access to and use of the PA API or Data Feed is compatible with the then-current requirements (including this Licence, all Submissions and all Operational Documentation).
You must use both a unique public key/private key pair (each key pair, an "Account Identifier") and an Associates Tag Parameter (which can be either the Associate ID issued to you under the Amazon Associates Programme or a related Associates Programme Tracking ID) to identify your account and make calls to the PA API. You may obtain your Account Identifiers through the PA API account creation process. If you obtain Product Advertising Content through a Data Feed, you must use a unique username/password combination to access the Data Feed ("Data Feed Access ID"). You must obtain your Data Feed Access ID as part of the Data Feed approval process. We may change your Account Identifiers or Data Feed Access ID from time to time. An Account Identifier that is a private key or a Data Feed Access ID that is a password is for your personal use only, and you must maintain its secrecy and security. You may not sell, transfer, sublicense, or otherwise disclose your private key or password to any other person or entity. An Account Identifier that is a public key or a Data Feed Access ID that is a username is not secret.
You are responsible for all activities that occur under your Account Identifiers and/or Data Feed Access ID, as applicable, regardless of whether those activities are undertaken by you or any other person or entity. Therefore, you should contact us immediately if you believe that someone other than you may be using your private key or password, or if your private key or password is otherwise disclosed, lost, or stolen. You may not use any Associates Tag Parameter, Account Identifier, or Data Feed Access ID assigned to anyone other than you or that we did not specifically assign to you.
(c) Usage Requirements. By making calls to the PA API, accessing the Data Feed, or using Product Advertising Content, you agree to comply with the following requirements:
i. You will use Product Advertising Content only in a lawful manner in accordance with and within the express scope of the terms of this Licence. You will not use the PA API, Data Feed, or Product Advertising Content with any site or application, or in any other manner, that does not have the principal purpose of advertising and marketing an Amazon Site and driving sales of products and services on an Amazon Site.
ii. You will comply with all pages, schedules, policies, guidelines, and other documents and materials, including all Specifications, referenced in this Licence and the other Operational Documentation.
iii. You will link each use of Product Advertising Content to, and only to, the relevant page of an Amazon Site (for example, the relevant Product detail page or other page to which particular Product Advertising Content most directly relates), and you will not link any Product Advertising Content to, or in conjunction with any Product Advertising Content direct traffic to, any page of a site other than an Amazon Site (however, parts of your application that are not closely associated with Product Advertising Content may contain links to sites other than an Amazon Site).
iv. You will not, without our express prior written approval, use any Product Advertising Content on or in connection with any site or application designed or intended for use with a mobile phone or other handheld device (which prohibition apply neither to any site that is not designed or intended for use with such devices but that may be accessible by such devices, such as a non-mobile-optimized site accessed via an internet browser on a tablet device nor an Approved Mobile Application as defined in the Operating Agreement or any television set-top box (e.g., digital video recorders, cable or satellite boxes, streaming video players, blu-ray players, or dvd players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast, or Vizio Internet Apps).
v. You will not, without our express prior written approval, access or use the PA API or Data Feed for the purpose of aggregating, analyzing, extracting, or repurposing any Product Advertising Content or in connection with any software or other application intended for use by persons or entities that offer products on an Amazon Site.
vi. You will not (i) interfere, or attempt to interfere, in any manner with the functionality or proper working of the PA API; (ii) compile or use Product Advertising Content for the purpose of direct marketing, spamming, unsolicited contacting of sellers or customers, or other advertising activities; or (iii) remove, obscure, alter, or make invisible, illegible, or indecipherable, any notice, including any notice of intellectual property or proprietary right, appearing on or contained within the PA API, Data Feed, Product Advertising Content, or Specifications.
vii. You will not, and will not attempt to (i) modify, alter, tamper with, repair, or otherwise create derivative works of the Specifications or any software included in Product Advertising Content; or (ii) reverse engineer, disassemble, decompile (except to the extent such right cannot be excluded or limited by law and then only when our express permission has been sought and refused), or otherwise derive any source code of or relating to the PA API, Data Feed, or any software included in Product Advertising Content.
viii. You will not store or cache Product Advertising Content consisting of an image, but you may store a link to Product Advertising Content consisting of an image for up to 24 hours. You may store other Product Advertising Content that does not consist of images for caching purposes for up to 24 hours, but if you do so you must immediately thereafter refresh and re-display the Product Advertising Content by making a call to the PA API or retrieving a new Data Feed and refreshing the Product Advertising Content on your application immediately thereafter. Unless otherwise notified by us, you may store individual Amazon Standard Identification Numbers (ASINs) for an indefinite period until the termination of this Licence. Notwithstanding the foregoing, if your application includes a client application, the client application may not store or cache Product Advertising Content. Upon our request you will, within three business days of our request, furnish us with a copy of any client application that includes or uses Product Advertising Content for the purpose of verifying your compliance with this Licence.
ix. You will include a date/time stamp adjacent to your display of pricing or availability information on your application if you obtain Product Advertising Content from a Data Feed, or if you call the PA API or refresh the Product Advertising Content displayed on your application less frequently than hourly. However, during the same day on which you requested and refreshed the pricing and availability information displayed on your application, you may omit the date portion of the stamp. Examples of acceptable messaging include:
• [insert name of Amazon Site] Price: EUR/POUND 32.77 (as of 01/07/2012 14:11 [insert time zone] - Details)
• [insert name of Amazon Site] Price: EUR/POUND 32.77 (as of 14:11 [insert time zone] - More info)
Additionally, you must either include the following disclaimer adjacent to the pricing or availability information or provide it via a hyperlink, pop-up box, scripted pop-up, or other similar method: "Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on [relevant Amazon Site(s), as applicable] at the time of purchase will apply to the purchase of this product." In the above examples, "Details" and "More info" would provide a method for the end user to read the disclaimer.
x. You will not exceed, or if you build and release an application that calls the PA API, each copy of that application that is installed by an end user will not exceed, any limit on calls per second set forth in any Specifications (or that we otherwise notify you apply) and you will not send files to or from the PA API that are greater than 40K without our prior written approval.
xi. If you display Product Advertising Content consisting of text on your application, you will include the following disclaimer in plain view to end users of your application: "CERTAIN CONTENT THAT APPEARS [IN THIS APPLICATION or ON THIS SITE, as applicable] COMES FROM AMAZON EUROPE CORE S.à r.l. THIS CONTENT IS PROVIDED 'AS IS' AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME."
xii. You will not use any Product Advertising Content, including any name or likeness embodied in that Product Advertising Content, in a manner that implies a person's or company's endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party, or cause (including by placing unrelated third party materials in close proximity to Product Advertising Content).
You agree to provide us with any information that we request to verify your compliance with this Licence.
xiii. In addition to any other rights or remedies available to us, we may terminate this Licence if we determine that you or other persons that we determine are affiliated with you or acting in concert with you (whether in respect to any existing or previously terminated account): i. have not complied with any requirement or restriction described in this Licence or any Specifications or Operational Documentation or have otherwise violated this Licence; ii. have not complied with any requirement or restriction in, or otherwise violated, any licence agreement governing your access and use to the PA APIs provided by any of our affiliates; or iii. have not complied with any requirement or restriction in, or otherwise violated, any agreements governing participation in any Associates Programme offering provided by us or any of our affiliates.
Other than the limited licences expressly set forth herein, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this Licence or otherwise, acquire any ownership interest or rights in or to, the Programme, Special Links, link formats, Content, PA API, Data Feeds, Product Advertising Content, any domain name owned or operated by us, information and materials on any Amazon Site, our and our affiliates' trademarks and logos (including the Amazon Marks), and any other intellectual property and technology that we provide or use in connection with the Programme (including any application programme interfaces, software development kits, libraries, sample code, and related materials).
If you provide us with suggestions, reviews, modifications, data, images, text, or other information relating to any Content or in connection with your participation in the Programme, or if you modify any Content in any way (collectively "Your Submission"), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, non-exclusive, worldwide, irrevocable, freely transferable right and licence for the maximum duration of protection available under applicable law to (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sublicensees' exercise of rights under the licence above will not violate any person's or entity's rights, including any copyright rights.
You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.
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