Wolfram|Alpha Widget Builder Terms of Use

  1. Acceptance of Terms

    Subject to these Wolfram|Alpha Widget Builder Terms of Use ("Terms"), Wolfram Alpha LLC ("Wolfram|Alpha"), a Delaware company hereby grants you ("You") a personal, worldwide, non-assignable, non-exclusive license to use the Wolfram|Alpha Widget Builder ("Builder") for your website to access the Wolfram|Alpha website ("Website") via a Wolfram|Alpha Widget ("Widget" or "Service"). By using the Builder, You agree to comply with, and to be bound by, these Terms.

    Should You object to any provision or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Service in any way, You should immediately discontinue the use of the Service and have no other recourse against Wolfram|Alpha.

    These Terms may be updated by Wolfram|Alpha, and Wolfram|Alpha will undertake reasonable efforts to notify You of such changes. However, You understand and agree that You are solely responsible for reviewing these Terms from time to time. The most current version of these Terms will be available at http://developer.wolframalpha.com/widgets/widgetbuilderterms.html. Any continued use of the Widget by You after such amended Terms have been posted, or information regarding such amendment has been sent to You, shall be deemed your consent and agreement to such amended Terms.

  2. Description of Services

    2.1 Service. Wolfram|Alpha will provide you with the Builder that will allow you to obtain results ("Results") from the Website that will be displayed, or otherwise used within, your Widget.

    2.2 Personal Use Only. Widgets may only be deployed on websites that are non-commercial in nature. This includes use on personal websites and social media spaces, use by non-profit organizations, and use by government service organizations. You may not use the Builder for internal business applications. The site into which You integrate Your Widget must be offered for free to users; You may not use the Builder in conjunction with paid-for services. Please contact Wolfram|Alpha if You would like to use the Builder for commercial purposes.

    2.3 Marks, License and Attribution. "Wolfram|Alpha Marks" means the trade names, trademarks, service marks, logos, domain names and other distinctive marks of Wolfram|Alpha. Wolfram|Alpha grants You a non-exclusive license to use the Wolfram|Alpha Marks solely in connection with their display on or through the Widget as delivered by Wolfram|Alpha. Your Widget shall provide proper attribution to Wolfram|Alpha whenever such content is provided by Wolfram|Alpha in the manner so provided. Wolfram|Alpha may terminate Your license to use the Wolfram|Alpha Marks at any time for any or no reason.

    You shall not at any time attempt to register any trademarks, marks, domains, or trade names confusingly similar, at Wolfram|Alpha's discretion, to Wolfram|Alpha's. This prohibition survives any termination or expiration of these Terms.

    2.4 Licensing of the Widgets.

    2.4.1 By submitting your Widget, You grant Wolfram|Alpha a perpetual, worldwide, irrevocable, sublicensable, non-exclusive license to use, reproduce, adapt, modify, publish, translate, publicly present, publicly display, and distribute Your submission (including any portion or derivative thereof) in any form and by any means for any purpose whatsoever. Wolfram|Alpha may sublicense all or part of its rights and licenses or assign them to third parties.

    2.4.2 "Builder Generated Content" means the parts of Your Widget that are created by You, including but not limited to the query, layout, component and variable names default values, color/theme, widget name, description, and tags.

    2.4.3 Builder Generated Content shall be made available in the Wolfram|Alpha Widget Gallery and licensed under the Creative Commons Attribution—Noncommercial—Share Alike 3.0 Unported License. A summary of the licensing terms can be found at: http://creativecommons.org/licenses/by-nc-sa/3.0. The full legal code can be found at: http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode

    2.4.4 Use of the Widget and the Results obtained therefrom shall be subject to the Terms, as modified from time to time, at http://developer.wolframalpha.com/widgetterms.html

    2.5 Advertising. Wolfram|Alpha reserves the right to include advertising content in the Builder, Widget, or Website at any time.

    2.6 Prohibitions. You will not:

    2.6.1 interfere or attempt to interfere in any manner with the proper workings of the Website, or create or distribute any Widget that adversely affects the functionality or performance of the Website or services provided by Wolfram|Alpha;

    2.6.2 circumvent or render ineffective any IP-address-based functionality or restriction;

    2.6.3 sell, lease, lend, convey, redistribute, or sublicense to any third party all or any portion of a Widget, the Website, or the Results without the express written permission of Wolfram|Alpha;

    2.6.4 compromise the integrity of any Results made available through a Widget;

    2.6.5 other than through the Builder, create any mechanism that delivers, distributes, sells or in any way uses any Results made available through the Widget or Website;

    2.6.6 access, cache, store, retain or in any way compile any copies or portion of any Results by any means;

    2.6.7 use the Builder or any Widget to intentionally encourage or promote copyright infringement or the exploitation of copyright-infringing materials;

    2.6.8 replicate, in whole or in part, the "look and feel" of the Website with a Widget, nor compose a Widget of a combination of visual, design, or functional elements that could reasonably be expected to cause confusion between Wolfram|Alpha and Your Widget interface among users thereof, nor disparage or otherwise negatively represent Wolfram|Alpha through use of the Website or Service;

    2.6.9 decompile, disassemble, or reverse engineer the Builder, Widget, or Website;

    2.6.10 use any means, including but not limited to script or programming, to scrape or mine the data or other content associated with any Widget or the Website;

    2.6.11 misrepresent Your identity or intentions to Wolfram|Alpha, use a Builder licensed to a different individual or entity, allow Your Builder to be used by others, or mask Your usage of the Widget;

    2.6.12 utilize any Widget in association with, or as a component of, any website that in the sole discretion of Wolfram|Alpha is determined to be obscene or otherwise inappropriate, including but not limited to any website that:

    1. transmits, sells, licenses, or delivers any infringing, defamatory, or illegal products, services, or materials;
    2. transmits, emails, or uploads viruses, worms, Trojan horses, spam, or unsolicited messages or advertisements;
    3. uploads files that contain software or other materials in breach of any intellectual property rights;
    4. collects or processes others' personal data;
    5. violates local, state, federal, or other applicable consumer privacy regulations; or
    6. violates any applicable law or violates the rights of any third party (including, without limitation, rights of privacy or proprietary rights);

    2.6.13 alter or block any component of a Widget, including but not limited to copyright notice, logos, digital watermarks, links, images, or sponsor content.

    2.7 Disclaimers. Your Widget must include the embedded Terms of Use provided by Wolfram|Alpha. If Your Widget, at our discretion, includes information related to legal, financial, medical, life-safety, or any other critical purposes, You shall include the following text in Your own Terms of Use or accompanying the Widget: "Results and information from the Wolfram|Alpha Widget are not a certified or definitive authority that can be relied on for legal, financial, medical, life-safety, or any other critical purposes."

    2.8 Caching. Unless part of a written agreement to the contrary, You are prohibited from caching Results.

    2.9 Upgrades. Wolfram|Alpha may discontinue, modify, or update the Builder and Service and the underlying functionality, format and display of the Results for any reason at any time. If Wolfram|Alpha in its discretion chooses to cease providing the current version of the Builder and Service, Wolfram|Alpha will use commercially reasonable efforts to continue to operate the non-current version of the Builder and Service and to respond to problems with the non-current version of the Builder and Service deemed by Wolfram|Alpha in its discretion to be critical.

    2.10 Wolfram|Alpha Content. You understand that Results are provided as-is, and that not all of the data available on the publicly available Website is available through the Service, including but not limited to licensing and third-party restrictions and limitations.

    2.11 Conditions. Wolfram|Alpha may monitor Your use of the Builder or Service to ensure quality, improve Wolfram|Alpha products and services, and verify Your compliance with these Terms. You shall not interfere with such monitoring or otherwise obscure from Wolfram|Alpha Your use of the Widget, and acknowledge the affirmative responsibility to notify Wolfram|Alpha if any information or intention conveyed to Wolfram|Alpha changes.

  3. Further Legal Provisions

    3.1 Compliance with Laws. You are responsible for complying with all applicable laws, rules, regulations, third-party rights, and Wolfram|Alpha policies, and shall not use the Builder or Service in a manner that violates them or is deceptive, unethical, false, or misleading.

    3.2 No Implied Rights. Except as expressly granted herein, WolframAlpha grants You no intellectual property rights or other propriety rights. Wolfram|Alpha, its corporate affiliates, and its applicable licensors retain all intellectual property rights (including all patent, trademark, copyright, trade secret, and other proprietary rights) in and to the Builder or Service and their documentation and content, all Wolfram|Alpha websites and all Wolfram|Alpha services and content in connection therewith. Any license rights granted herein are not sublicensable, transferable, or assignable unless otherwise stated herein or with the express written permission of Wolfram|Alpha.

    3.3 Indemnification. You shall indemnify, defend, and hold Wolfram|Alpha and its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments, and expenses (including reasonable attorney fees) arising out of or in connection with any claim, action, or proceeding (any and all of which are "Claims") by a third party because of Your use of the Builder or Service in any manner that fails to comply with Your duties associated with any provision of these Terms.

    3.4 Termination. Any licenses contained in these Terms will terminate automatically without notice if You fail to comply with any provision of these Terms. Wolfram|Alpha reserves the right to terminate your use of the Builder, Service, or any portion or feature of the Website for any or no reason and at any time without liability to You.

    3.5 Modification. Wolfram|Alpha may modify any of the terms and conditions contained in these Terms at any time and in its sole discretion by emailing the email address associated with Your account or developer credentials, or otherwise undertaking reasonable efforts to notify You. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE BUILDER OR CONTINUED WIDGET DEVELOPMENT FOLLOWING POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE WOLFRAM|ALPHA SITE WILL CONSTRUE BINDING ACCEPTANCE OF THE CHANGE. Any modifications by You to these Terms shall be made in a writing executed or acknowledged by both parties.

    3.6 Privacy Policy. The Privacy Policy for Wolfram|Alpha also applies to the Service. Please view the privacy policy at http://www.wolframalpha.com/privacypolicy.html. Two specific points to note:

    1. Wolfram|Alpha does not collect any information outside of the Service when placed on external sites; and
    2. Wolfram|Alpha does not control, and is not responsible for, the content or privacy policy of any external site that uses the Service.

    3.7 Disclaimer and Limitation of Liability. Wolfram|Alpha makes no warranties, other than those specifically indicated in these Terms, to You or to any third party. Acceptance of these Terms indicates that You have read and understand all disclaimers of warranty and limitations of liability contained herein. Wolfram|Alpha shall have no obligation or liability with respect to any claim, suit, or proceeding based upon any use of the Builder, a Widget, or the Website. WOLFRAM|ALPHA MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE BUILDER, A WIDGET, OR THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, INTEROPERABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL WOLFRAM|ALPHA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY MATERIALS OR SERVICES FURNISHED HEREUNDER, EVEN IF WOLFRAM|ALPHA HAS BEEN ADVISED, KNOWS, OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WOLFRAM|ALPHA'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY MATERIALS OR SERVICES FURNISHED HEREUNDER EXCEED THE TOTAL AMOUNT THAT WAS ACTUALLY PAID TO WOLFRAM|ALPHA BY YOU UNDER THESE TERMS AS OF THE DATE SUCH CLAIM AROSE. THE LIMITATIONS STATED IN THIS SECTION APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY), TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE GROUND. EACH OF THESE LIMITATIONS OF LIABILITY IS INTENDED TO BE ENFORCEABLE REGARDLESS OF WHETHER ANY OTHER EXCLUSIVE OR NON-EXCLUSIVE REMEDY UNDER THESE TERMS FAILS ITS ESSENTIAL PURPOSE. THIS SECTION STATES WOLFRAM|ALPHA'S EXCLUSIVE LIABILITY AND OBLIGATION, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY CLAIM, SUIT, OR PROCEEDING.

    3.8 Release. You hereby release and covenant not to sue Wolfram|Alpha, its corporate affiliates, or any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns, or successors for any and all damages, liabilities, causes of action, judgments, or claims (a) pertaining to any intellectual property You develop that is based on, uses, or relates to the Builder, a Widget, or the Website; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the Builder, a Widget, or the Website.

    3.9 Miscellaneous. These Terms are governed by Illinois law, except for Illinois' conflicts of laws principles, and all claims arising out of or relating to these Terms or Results and services shall be litigated exclusively in the federal or state courts of Champaign County, Illinois, USA, and You and Wolfram|Alpha consent to personal jurisdiction in those courts. These Terms, and any documents referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of these Terms will remain in full effect. You shall not assign or otherwise transfer any of Your rights or delegate Your obligations hereunder, and any such attempt is null and void. You and Wolfram|Alpha are not legal partners or agents, but are independent contractors.