Customer API Terms
These API Terms (“API Terms”) are between JLG Industries, Inc. (“JLG,” “us,” “we,” or “our”), and the entity that JLG is providing the services to (“Customer” or “you”) through the applicable Application Programming Interface (“API”). JLG and Customer are each a “Party” and collectively the “Parties” to these API Terms. Certain JLG services accessible through the API may have their own separate terms and conditions that apply to your use of that particular service (“Services Agreement”). To the extent that there is any conflict between these API Terms and the Services Agreement, the API Terms shall govern.
The Parties to these API Terms hereby agree to be bound by the terms and conditions herein as applicable with effect from the first date Customer accesses the services through the API. We may amend these API Terms from time to time due to changes in applicable law or as otherwise determined by us in our commercially reasonable discretion. Any amendment will only become effective upon notification to you (by email or by posting on our website) and, if you do not agree to any such amendment, you should stop using the applicable JLG services.
If Customer has selected to receive data form JLG or JLG services through an API, the following terms and conditions apply:
1. Access to the JLG API. You may only use the API related to the services if you have selected the API option in an applicable order with JLG. You may not use the API to access JLG services if you are a person barred from using or receiving the API under the applicable laws of the United States or the country in which you are resident or from which you use the API. Except as permitted herein, (a) you must keep the API credentials and all login information for the related services account secure; (b) you may not share the API credentials with any third party; (c) you will not access the API by any means other than the API credentials you receive from JLG; and (d) you must comply with any applicable API guide provided by JLG that is applicable to the related JLG services. API credentials are the exclusive property of JLG, and your access to and use of API credentials is in JLG’s sole discretion.
2. Third-Party Services. You are not permitted to use a service provider in connection with your JLG services account unless your service provider signs an agreement with you to (a) protect any data received from JLG through the services (that is at least as protective as JLG’s applicable terms), (b) limit their use of data received from JLG through the services solely for the purpose of providing their services to you (and not for their own purpose or any other purpose), and (c) keep such data secure and confidential. You must ensure that any service provider complies with these API Terms, the Services Agreement, and any other applicable JLG terms and policies, and you acknowledge and agree that any act or omission by a service provider amounting to a breach of these API Terms or the Services Agreement will be deemed to be a breach by you. If requested, you will provide a list of your service providers to JLG. Access to certain APIs or SDKs may require a separate written agreement between Customer and JLG. Customer may not bring any legal action or claim against JLG in connection with any agreement, arrangement, negligence, action, or omission of Customer’s service provider. JLG is not responsible for any action or inaction of Customer’s service provider.
3. API License.
(a.) Subject to the applicable Services Agreement and these API Terms, JLG grants you a worldwide, non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable and limited license to use and make calls to the API solely in connection with receiving the applicable JLG services and related data, and solely in the manner described in the Services Agreement and in the technical documentation provided by JLG. JLG may set and enforce limits on your use of the API (limiting the number of requests that you may make), in JLG’s sole discretion.
(b.) You grant to JLG a worldwide, non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable, and limited license to use and make calls to the API in connection with providing the applicable JLG services and related data.
4. API Restrictions. When using the JLG API, you will (and will ensure that your employees, agents, and service providers will): (a) only use the JLG API to access the applicable JLG services and related data for your use pursuant to the Services Agreement; (b) restrict disclosure of the API credentials, or any part thereof, to your agents, employees, or services providers, who must require access to use your JLG services account in accordance with the Services Agreement; (c) not distribute, sell, lease, rent, lend, transfer, assign or sublicense any rights granted by these API Terms to any third party; (d) not use or access the JLG API or the applicable JLG services in order to monitor the availability, performance, or functionality of the JLG API, the JLG services, or any portion thereof or for any similar benchmarking purposes; (e) not remove or destroy any copyright notices, proprietary markings or confidentiality notices placed upon, contained within or associated with the JLG API; (f) not engage in any activity that interferes with, disrupts, harms, damages, or accesses in an unauthorized manner the servers, security, networks, data, applications or other properties or services of JLG or any third party; (g) not modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the JLG API, the JLG services, or any aspect or portion thereof, except to the extent that this restriction is expressly prohibited by applicable law; or (h) not access or use the JLG API in any way in furtherance of criminal, fraudulent, or other unlawful activity.
5. Updates. JLG reserves the right to require Customer to install or update any and all software to continue using the JLG API and applicable JLG services. You acknowledge that JLG may make updates to the JLG API from time to time, and at its sole discretion. You must implement and use the most current version of the JLG API and to make any changes to Customer computer systems that are required as a result of such update, at your sole cost and expense. Updates may adversely affect the manner in which your API accesses or communicates with the JLG API.
6. Security. YOU AGREE THAT JLG MAY MONITOR USE OF THE API RELATED TO THE APPLICABLE JLG SERVICES TO ENSURE QUALITY, IMPROVE JLG SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE API TERMS AND TERMS. This monitoring may include JLG accessing and using your Customer API, for example to identify security issues that could affect JLG or the related JLG services. You will not interfere with this monitoring. JLG may use any technical means to overcome such interference. JLG may suspend access to the JLG API by you or your Customer API without notice if JLG reasonably believes that you are in violation of these API Terms or the Services Agreement.