Elastic Tile Service - Terms of Service
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If you use the Elastic Tile Service, you or, if applicable, the business you represent ("You") are agreeing to abide by the conditions and conditions of these Elastic Tile Service Terms of Service (the "Terms of Service") and are forming an agreement between yourself and Elasticsearch, Inc. ("Elastic"). If you do not want to abide by the terms and conditions of these Terms of Service, then you may not use the Elastic Tile Service. Elastic reserves the right to change these Terms of Service by posting modified Terms of Service, along with an effective date.
The Elastic Tile Service is a publicly-accessible Tile Map Service (TMS) that produces tiles based on OpenStreetMap data, which is licensed under the Open Data Commons Open Database License (ODbL). It also uses derived coastline data provided by OpenSteetMapData.com, and the Apache 2.0 licensed Kartotherian. It was created and is maintained by Elastic as a convenience and for the exclusive purpose of providing a mapping functionality within components of the Elastic Stack, such as its open-source data visualization platform Kibana. You agree not to use the Elastic Tile Service for any other purpose.
Who May Use the Elastic Tile Service?
Only users of unmodified Kibana binaries obtained directly from Elastic through one of the following two Elastic authorized distribution points, downloads and GitHub or from an authorized Elastic distribution partner, are allowed to use the Elastic Tile Service in connection with their use of Kibana. In addition, except for authorized Elastic distribution partners, developers of non-Elastic applications and providers of non-Elastic services (including, without limitation any software-as-a-service providers) and any customers or users of such applications or services, may not use the Elastic Tile Service in connection with such non-Elastic applications or services.
Can Elastic Cut Off Your Use of the Elastic Tile Service?
If Elastic believes, in its sole discretion, that you have violated or attempted to violate any of these Terms of Service, Elastic may suspend or terminate your access to the Elastic Tile Service. If any usage, or pattern of usage, causes problems to the Elastic Tile Service, access may still be blocked without prior notice. Elastic may terminate its provision of the Elastic Tile Service at any time without prior notice.
What Should I Not Do?
You shall not: (i) use the Elastic Tile Service to store or transmit computer viruses, worms, time bombs, Trojan horses and other harmful or malicious code, routines, files, scripts, agents or programs; (ii) use the Elastic Tile Service to store or distribute any information, material or data that is harassing, threatening, infringing, libelous, unlawful, obscene, or which violates the privacy or intellectual property rights of any third party; (iii) access or use the Elastic Tile Service if you are a direct competitor of Elastic; (iv) access or use the Elastic Tile Service for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of designing and/or developing any competitive services; (v) make access to the Elastic Tile Service through your account available to any third party; (vi) without the express, prior written consent of Elastic, sell, resell, rent, lease, offer any time sharing arrangement, service bureau or any service based upon or which relies upon or uses, the Elastic Tile Service; (vii) interfere with or disrupt the integrity or performance of the Elastic Tile Service or third-party data contained therein; (viii) attempt to gain unauthorized access to the Elastic Tile Service or any associated systems or networks; or (ix) modify, make derivative works of, disassemble, decompile or reverse engineer the Elastic Tile Service or any component thereof.
We Provide The Elastic Tile Service "As Is"
The Elastic Tile Service is provided "as is" without warranty of any kind. Elastic and its suppliers and licensors hereby disclaim any all warranties, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Elastic nor its suppliers and licensors makes any warranty that the Elastic Tile Service will be error free, timely, meet your specific requirements or that access thereto will be continuous or uninterrupted.
We Disclaim All Damages
TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, In no event will Elastic, or its suppliers or licensors, HAVE any liability FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT, in connection with the Elastic Tile Service, or YOUR use OF THE Elastic Tile Service, whether based on, negligence, torts, strict liability or other legal or equitable theory.
You Agree to Indemnify Us
You agree to defend, indemnify and hold harmless Elastic, its contractors, suppliers and licensors, and their respective directors, officers, employees and agents from and against any and all claims, suits actions, liabilities, costs, damages and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Elastic Tile Service, including but not limited to your violation of these Terms of Service.
California Law and No Other Terms Govern
These Terms of Service will be governed by the laws of the State of California, without regard to its conflict of laws principles. All suits hereunder will be brought solely in Federal Court for the Northern District of California, or if that court lacks subject matter jurisdiction, in any California State Court located in Santa Clara County. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any such action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens or any similar claim or defense. These Terms of Service constitute the entire agreement between Elastic and you concerning the subject matter hereof, and supersedes any and all prior oral or written agreements, understandings and quotations relating hereto. If any provision of these Terms of Service is held to be illegal, invalid or unenforceable, this shall not affect the legality and validity of the other provisions, which means that such provisions shall, if required, be modified or reformed to the fullest extent possible under applicable law so as to reflect the original intent of Elastic.