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Europeana API Terms of Use







Definitions:



 API-key: a unique and confidential code allowing access to the Europeana API.



 Content: the digital objects that can be accessed through Metadata. Content is typically

defined by its individuality and cultural, intellectual or artistic expression. Content has a

reference to an individual object of the real world or is born digital. Examples:

Photographs, books, letters, films, paintings, television, etc. Note: In online delivery,

Content excludes the peripheral packaging/platform.



 Derivative: data is considered derivative (data) if based upon one or more pre-existing

data, such as a translation, musical arrangement, dramatisation, condensation, or any other

form of transformation or adaptation.



 Europeana: Stichting Europeana, the Foundation providing the Europeana API.



 Europeana API: technical interface for the purpose of searching and retrieving Europeana

Metadata.



 Europeana Metadata: metadata made available through Europeana API.



 Europeana Network: a network comprising of the members of the Council of Content

Providers and Aggregators of Europeana and all parties that have entered into the

Europeana v1.0 Thematic Network Agreement or the Europeana v2.0 Consortium

Agreement .



 Metadata: metadata is information about Content, describing its characteristics to aid in

its identification, discovery, interpretation and management.



 Preview: general term including smaller and/or lower resolution version of still image

Content or shorter and/or lower resolution extract of audio or moving image Content.



 User: a natural or legal person authorised to access the Europeana API.





Access to the Europeana API



1. Access to the Europeana API is restricted to non-commercial members of the Europeana

Network. Non-commercial Members of the Europeana Network can request access to the

Europeana API for a particular service, by filling in the registration form here





Europeana-APi terms of use – draft (0.6 – 8 feb 2011) 1/4

http://version1.europeana.eu/web/api/registration. When the request has been granted,

API-keys will be issued to the User.



2. Europeana API-keys are confidential and are for use by the User only and may not be

shared with Third Parties unless with express agreement from Europeana.



3. If a User has multiple services for which they intend to use the Europeana API they must

request one API-key per service.



4. Europeana will provide the User with public technical documentation of the Europeana

API, but will not provide technical support for Users unless explicitly agreed otherwise.



5. Europeana will log all uses of the Europeana API by the User for the purpose of

monitoring service load and for the purpose of improving the Europeana API.



6. There are no limits on the usage of the Europeana API, but Europeana reserves the right

to block individual Europeana API-keys in order to maintain the functionality of the

Europeana API and other services offered by Europeana.



7. Europeana reserves the right to terminate individual Europeana API keys that are used to

display data obtained via the Europeana API in contexts that are illegal, pornographic,

defamatory or can be detrimental to the reputation of Europeana in any other way.



8. Europeana will continually upgrade the Europeana API by adding new features. Europeana

will give notice of updates to all Users on a timely basis and will attempt to keep new

versions of the Europeana API backwards compatible. However, Europeana does not

warrant that the applications built by the User on the Europeana API will continue to

function after an upgrade.



9. Unless agreed otherwise, the User must display a „Powered by Europeana‟ logo in close

proximity to the Europeana Metadata whenever such Metadata are displayed. The

„Powered by Europeana‟ logo as well as instructions for using the logo can be found here

(http://version1.europeana.eu/web/guest/logos/#pwr)





Reuse of Europeana Metadata and Previews



1. Europeana grants Users the right, for non-commercial purposes only, and on a non-

exclusive, worldwide, royalty-free basis to:



a. publish, copy, transmit, make available, reproduce, distribute, extract, re-utilise, display

and store Europeana Metadata in all forms, formats and media whether now known





Analysis of feedback to Europeana Data Provider Agreement 2/4

or hereafter developed (including without limitation in print, digital and electronic

form) throughout the world; and



b. translate Europeana Metadata into other languages, to create adaptations, summaries

or extracts of the Europeana Metadata or to make other Derivatives based on the

Europeana Metadata and exercise all of the rights set forth in a. above in such

translations, adaptations, summaries, extracts and Derivatives, provided that such

exercise of rights only takes place under the same or compatible licensing conditions

as herein specified.



2. Users exercising the rights granted under paragraph 1.a. and/or 1.b. above are required to

include a copy of, or the Uniform Resource Identifier (URI) for, these Terms of Use,

whenever they distribute, display or transmit Europeana Metadata, or Derivatives thereof.

The best way to do this is by placing a link to these Terms of Use at:

http://europeana.eu/portal/termsofservice.html



3. Users are not entitled to provide sublicenses to the Europeana Metadata.



4. Users must give attribution to Europeana and the institution(s) whose name appears in

connection with the Europeana Metadata and keep all attribution information intact.

Nonetheless, Users shall not attribute in any way that suggests that those attributed

endorse the User or their use of Content.



5. The rights for Users to use Previews are directly derived from the rights information

chosen by the Data Provider for the corresponding Content, as recorded in the

field for the corresponding Europeana Metadata, where the following

applies:



c. if Content is marked to be « Public Domain », then the corresponding Preview is also

« Public Domain »;



d. if Content is marked as being under a Creative Commons licence, then the User may

use the corresponding Preview under the same Creative Commons licence; and



e. if the Content is marked to be « unknown », the User must consider the preview to

be copyright protected.



6. For the avoidance of doubt: the rights granted under paragraphs 1.a., 1.b. and 5. of this

article do not pertain to the digital objects that can be reached through the links provided

in the Europeana Metadata





Europeana-APi terms of use – draft (0.6 – 8 feb 2011) 3/4

Limited warranty & disclaimer of liability



1. Europeana Foundation does not warrant the accuracy or completeness of Europeana

Metadata.



2. Except to the extent required by applicable law, in no event will Europeana be liable on

any legal theory for any special, incidental, consequential, punitive or exemplary damages

arising out of these Terms of Use or the use of the Europeana Metadata. In particular, it

will not be liable for the following:



a. accuracy, completeness, etc. of the Europeana Metadata;



b. any infringement of privacy, publicity or other rights; and



c. any use by third parties that goes beyond the rights expressed in these Terms of Use.





Compliance with the Terms of Use



1. By accessing the Europeana API, the User accepts and agrees to be bound by these Terms

of Use.



2. Europeana reserves the right to amend these Terms of Use. The User will be bound to the

amended Terms of Use. Every reference to “these Terms of Use” is considered to refer to

the amended Terms, once the User has been informed of the amendments and has

reasonably been in the position to adjust use that began before the amendment of the

Terms of Use. A User is considered to have been informed of amendments to these Terms

of Use, once Europeana has informed the User of the amendments via User‟s email

address, given when registering for an API-key.



3. The rights provided to the User in these Terms of Use will expire automatically upon any

breach by the User of the terms included herein.



4. These Terms of Use are governed by the laws of The Netherlands.









Analysis of feedback to Europeana Data Provider Agreement 4/4



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