Last Updated: May 31, 2019
BY ENTERING INTO THIS AGREEMENT BY PHYSICAL OR ELECTRONIC SIGNATURE, BY CLICKING ON THE APPROPRIATE ACCEPTANCE BUTTON. BY ENTERING INTO ANOTHER AGREEMENT WITH VOPAY IN WHICH THESE API TERMS ARE INCLUDED (THE “MASTER AGREEMENT”) AND / OR BY DOWNLOADING, ACCESSING OR OTHERWISE USING THE API OR ANY PORTION THEREOF, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THESE API TERMS. YOU AGREE THAT THESE API TERMS ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU AND THAT YOUR USE OF THE API CONSTITUTES ACCEPTANCE OF THESE API TERMS. IF YOU ARE ENTERING INTO THESE API TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE API TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, ACCESS AND / OR USE THE API OR ANY PORTION THEREOF.
(A) “API” means the VoPay Application Programming Interface which may be made available in any form and through any medium, as well as any and all Enhancements thereto
(B) “API Documentation” means the documentation found at the URL http://docs.vopay.com/ and any other documentation which may be distributed or made available by VoPay to API users from time to time
(C) “Authorized Applications” means software applications, websites, web applications or other software products or processes developed by You using the API
(D) “Distributable Code” means any templates, code stubs, code snippets, example applications, sample code, code fragments and Software Development Kits (SDKs) in any form whatsoever included as part of the API, made available through the API Documentation, or linked to from the API Documentation
(E) “Enhancements” means new versions, releases, service packs, bug fixes or other enhancements, upgrades, updates, revisions, or modifications of or to the API
(F) “Intellectual Property Rights” means any and all patents, copyrights, trademarks, trade names and other proprietary rights, and all registrations or applications in relation to the foregoing and
(G) “Party” means either VoPay or You, as applicable, and “Parties” means VoPay and You.
You agree to indemnify and hold harmless VoPay and its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns against any claim, action, proceeding, liability, loss, damage or expense (including reasonable attorney’s fees and expenses) by reason, or arising out of, or relating to the use or distribution of Your Authorized Applications. You shall, at the request of VoPay, assume the defence of any demand, claim, action, suit or proceeding against VoPay by reason thereof and pay any and all damages assessed against or that are payable by VoPay as the result of the disposition of any such demand, claim, action, suit and proceeding. Notwithstanding the foregoing, VoPay may be represented in any such demand, claim, action, suit or proceeding at its own expense and by its own counsel.
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